(2 years, 6 months ago)
Commons ChamberGiven all the crises that we are facing in our country, it speaks volumes that the first Bill of a new Parliament is yet another piece of authoritarian anti-protest legislation. The message from this Government is clear: their top priority is making it harder to protest against the cost of living crisis, rather than helping people through it.
The Government have already introduced some of the most serious and sweeping restrictions on the right to protest with their Police, Crime, Sentencing and Courts Act 2022, and this Bill takes the assault on our rights one step further by reviving many of the failed measures that were rightly thrown out in the other place. Restricting protest, expanding discriminatory stop and search, introducing jail sentences and unlimited fines for demonstrating close to national infrastructure, and introducing new offences of locking on will not help my constituents to pay their bills, or, indeed, address many of the issues about which they will tend to protest.
This is yet another Bill that seeks to stop people making their voices heard, and it disadvantages our poorest and most marginalised communities. Laws are not reasonable or fair if rights are protected only for those who agree with the Government, and curtailed for those who wish to challenge the Government. I agree with the hon. Member for Paisley and Renfrewshire South (Mhairi Black), who said last week that we were sleepwalking into fascism. This country’s tradition of dissent has paved the way to our rights and freedoms, and those protests are the reason why someone of my class, race and gender has the rights that I have; but this Bill contains measures that would have outlawed the protests that won votes for women and trade unions.
Given the Government’s trajectory, there is no doubt in my mind, at least, that these measures will be used against pickets in industrial disputes. According to the Bill, there will be a defence when it comes to trade disputes, but that defence will not be available to stop the new serious disruption prevention orders applying to individuals who take part in more than one protest within a five-year period, even if they have not been convicted. That obviously targets union officials who regularly attend and organise pickets. The Trade Union Act 2016, the Police, Crime, Sentencing and Courts Act and everything in between, and now this Bill, have all but eradicated what was already a severely restricted right to picket. Our unions are part of the last line of defence against this Government’s attack on working-class people, and I cannot believe that the Government would stoop so low.
It is wrong that the Bill extends stop and search powers and introduces serious disruption orders when existing stop-and-search powers are already a key component of the racially unjust criminal justice system. Marginalised communities are already disproportionately likely to face criminalisation and harassment. Just last month there was a national outcry when it emerged that a black teenager had been strip-searched by police at school, having been falsely accused of possessing cannabis. There has been a string of revelations about the racism and misogyny that still blight UK policing, clearly exemplified by the vile racism and misogyny uncovered at Charing Cross police station and the already record low confidence in policing.
The hon. Lady speaks about stop and search. She will know that during a two-year period up to 2021, 150,000 arrests were made as a direct result of stop and search. She will also know that in 2019, 50,000 knives were found and removed. Those were arrests that prevented crimes, and those were knives that might have been used to take life or at least to injure. Surely the hon. Lady recognises that stop and search is just part of the means by which we can crack down on crime.
I have no issue with evidence-based stop and search. If there is a reason to stop somebody, that is absolutely fine. Unfortunately the police continue, again and again, to stop and search people from certain communities. All that that does is go further down the route of making confidence in policing extremely low, which does not do anything to solve crime.
When it comes to misogyny, I think about the horrifying treatment of those who attended the vigil in my constituency last year to commemorate Sarah Everard and other women who had lost their lives to violence. That made it clear that women opposing violence against women were not safe from male violence, even from those who were tasked with protecting us from it.
The Bill targets, in particular, the activism of groups who have already been mentioned many times: groups such as Extinction Rebellion, Just Stop Oil, Insulate Britain, Kill the Bill and the Black Lives Matter movement. All those groups have used disruption to draw attention to major injustices such as the climate crisis, attacks on our civil liberties and institutional racism. Rather than taking action to address those injustices, the Government want to stop people speaking out about them. We must remember that today’s protests are signposts for tomorrow’s progress.
How does it make sense for the Government to support protests around the world while cracking down on the right to protest here? As Amnesty International has pointed out,
“these authoritarian provisions…are similar to repressive policies in countries the UK regularly criticises—including”
—yes—
“Russia, Hong Kong, and Belarus”.
The message to the public is very clear: we must put up with it, or shut up. This continuous attempt to criminalise dissent is a threat to everyone who wants to stand up for what they believe in, and to anyone who believes in building a better society. The way in which the Government continue to push this agenda makes it clearer than ever that we must oppose this Bill today, and oppose all further attempts by them to proceed with this authoritarian way of running the country.
(2 years, 8 months ago)
Commons Chamber(Urgent Question) To ask the Secretary of State to make a statement on the recent report concerning the Metropolitan police’s handling of the strip-search of Child Q.
The City and Hackney Safeguarding Children Partnership report into the strip-search of a 15-year-old schoolgirl while at school by police officers in 2020 is both troubling and deeply concerning. This experience will have been traumatic for the child involved; the impact on her welfare should not be underestimated.
The Government and the public rightly expect the highest standards from our police officers. The ability of the police to perform their core functions is dependent on their capacity to secure and maintain public confidence and support for their actions. While the Metropolitan police have apologised for their actions and recognised that this incident should never have happened, the force’s culture has again come under scrutiny.
Members of the public must be treated fairly and without prejudice, no matter their race, age or background. Strip-search is one of the most intrusive powers available to the police. The law is very clear that the use of police powers to search must be fair, respectful and without unlawful discrimination. Any use of strip-search should be carried out in accordance with the law and with full regard to the welfare and dignity of the individual being searched, particularly if that individual is a child. If police judge it operationally necessary to strip-search a child, they must do so in the presence of the child’s appropriate adult.
It is the role of the independent police watchdog, the Independent Office for Police Conduct, to investigate serious matters involving the police, and the IOPC says it has been investigating the actions of the Metropolitan police in this case. We must let the IOPC conclude its work. We will of course expect any findings to be acted on swiftly, but it is vital that we do not prejudge the IOPC’s investigations or prejudice due process, so it would be wrong of me to make any further comment on the case in question at this time.
They walked into her place of safety at the request of people who were meant to keep her safe, stripped her naked while she was on her period and forced her to remove her sanitary towel, spread her legs, part her buttock cheeks and cough, to look for drugs they never found. We should remember that this comes on top of a string of incidents, from the abuse and strip-search of Dr Duff, the rapist and murderer Wayne Couzens, the vile racism and misogyny uncovered in Charing Cross police station, the brutal handling of the vigil in Clapham Common, and the record low confidence in policing, particularly by minority communities, who are evidenced as being over-policed as citizens and under-policed as victims.
Does the Minister understand that there is no apology that could atone for the perverse racist degradation of this child? Does the Minister accept that this is not an isolated incident—that between 2016 and 2021 the Met carried out over 9,000 strip-searches on children, some younger than 12, and that over 33% of all strip-searches were carried out on black people, despite only 13% of Londoners being black? Given that this happened in a school, what discussions has his Department had with the Department for Education on this serious breach of safeguarding and the questionable presence of police officers in our schools? Will he finally accept that the Met police have an issue with institutional racism and misogyny and take steps to ensure that any new commissioner is committed to rooting it out?
The Minister may be aware that during the statement on the commission on race and ethnic disparities last week, the Minister for Equalities said:
“We have systems in place to ensure that when things go wrong we can right them. What we cannot do is stop any bad thing happening to anyone in the country at any time.”—[Official Report, 17 March 2022; Vol. 710, c. 1075.]
I have to ask: what on earth are this Government here for? I simply do not accept that. Finally, in the words of Child Q herself:
“I need to know that the people who have done this to me can’t do it to anyone else ever again”.
Can the Minister assure Child Q and our constituents of that?
As I said earlier, we await the outcome of the investigation, and we will learn whatever lessons need to be learnt from it. While my hon. Friend the Minister for Equalities said that we cannot prevent all bad things from happening, we can try. What is clear from this case is that the complaint mechanism and the safeguarding practices involved did surface the issue and bring it to light, and have allowed us to examine this appalling—[Interruption.] Hold on. They have allowed us to examine this appalling incident in more detail and to try to learn the lessons, so that as—I assume from what she said—Child Q hopes, we are able to prevent such incidents from occurring in the future.
(2 years, 11 months ago)
Commons ChamberOrder. May I clarify that everybody who wants to speak in this debate is now standing? I call Bell Ribeiro-Addy.
I wish to speak to new clause 8 about child citizenship fees, which I am grateful has been signed by a number of Members. The children in question are not migrants. I repeat that they are not migrants, because every time this issue is raised, there is some suggestion that there is something slightly illegal behind this, which is disgraceful. On the contrary, the large majority are exactly like me and the Prime Minister, and have every right to British citizenship. This Government, and all successive Governments, accept that, but the issue is that they are being priced out.
We in this country charge British children—children!—up to 10 times more to claim their citizenship rights than their counterparts in Spain, France, Belgium, Denmark and Sweden. The fee is the most expensive in Europe. If the £35 fee introduced back in 1983 had risen in line with inflation, it would be only £120 today. Instead, we charge £1,012—a fee that has doubled in the past decade, and which the Government have the ability to increase at will. It is a fee that far too many cannot afford, and a fee the level of which neither I nor the Prime Minister had to pay.
Why do I keep mentioning myself and the Prime Minister? It is because the circumstances of our births are no different to those of the children in question today. Indeed, many Members across the House were not born here or were born to migrants, and none of us faced such barriers to claiming our citizenship. No one questions our rights, and our British citizenship gives us the right to sit as Members of this House. I repeatedly mention myself and the Prime Minister because I believe that neither of us should be in a position to make things difficult for those children born after us. I certainly did not come to this House to do that.
Like the Windrush generation, through no fault of their own, and often with no idea of what is to come, these children go on to face real difficulties with everyday life and with things that we take for granted, such as travelling, getting a job, renting a home or going to university without being asked to pay international fees. That is in the country they were born in or have lived in their whole lives. Make that make sense.
Citizens UK, Amnesty International, and the Project for the Registration of Children as British Citizens, which has led on this campaign, have estimated that between 85,000 and 215,000 children with a legal entitlement to British citizenship have ended up undocumented due to the extortionate registration fee. Imagine how many children have never had the opportunity to reach their full potential because they spent the end of their childhood, and the beginning of their adulthood, fighting to prove that they have rights in their own country, or fighting to prove that they belong in the only place they have ever called home. It is exactly what happened with the Windrush generation.
We must understand that the harm of being denied citizenship rights in the only country you know cannot be overstated. It is not just about societal barriers; it is the psychological impact of being constantly treated like a second-class citizen. Why do I continually compare them to the Windrush generation? That is because, just like the Windrush generation, a piece of legislation or policy that attempted to dissuade migrants and make the environment more hostile for them is impacting on a group of people who have every right to be here. Just like the Windrush generation, this policy disproportionately affects those of black, Asian, and minority ethnic heritage.
Does my hon. Friend agree that to make children bear the burden of this Government’s hostile environment policy must be wrong?
I absolutely agree with my right hon. Friend, and I am sure she will agree with me that, clearly, no lessons have been learned.
New clause 8 does not even ask the Government to scrap the fee, which is my personal preference; it just asks them to reduce it to cost and examine its impact on the rights of children. The new clause does, however, ask for the fee to be scrapped for children in care, for the obvious reason that children in care are the responsibility of the state. As we approach Christmas and we are thinking about families and home, with all the disadvantages that children in care face, the Government seem all too at ease with telling these children that they have no country to call home unless their local authority is willing to pay for it.
I spoke to children who were Lambeth care leavers and they told me horrific tales of threats of deportation to countries they have never been to because they cannot prove their link to their citizenship due to issues with their relations with their parents. Our cash-strapped local authorities cannot afford to keep paying these fees, and they are not border guards or immigration specialists who understand exactly what is happening.
The hon. Member for Glasgow North East (Anne McLaughlin) is absolutely right that there are parts of the citizenship section of the Bill that we appreciate, and things have been corrected. I spoke to the Immigration Minister earlier this week, and I was grateful for his time—I promised I would say something nice, and I did. If we are correcting all these other things, why would we not correct this policy now? We know exactly what the issue is. We know that the courts ruled, the Government appealed, and the courts ruled again that these fees are not in the best interests of children. This Bill is so horrible in so many other areas; is there not just one thing that we can all agree on? Just like with the Windrush scandal, why do the Government want to be dragged screaming into submission on something that they know is absolutely right?
I am glad to be standing here today, because I get to keep the promise that I made just before my election to a group of students from St Gabriel’s College who, along with Lambeth Citizens, explained to me their plight as children who were suffering in this way. I am proud to be a governor at their school, because they are what I call citizens. They are affected by this issue. Some of them have moved on, but they continue to fight for others in their place. I promised that I would stand up in the House and try to show that these young people are valued by their country—because this is their country. I hope that, when new clause 8—hopefully—goes to a vote, every other Member of this House will walk through the Lobby with me and show those young people that they have every single right to be here, that we will not continue to price them out, and that they should be able to access every single right, just like myself and the Prime Minister have been able to do.
I rise to speak to new clause 4, which would secure the right of abode of the brave and loyal servicemen who served Queen and country in the British military, in the Hong Kong Military Service Corps and the Hong Kong royal naval service corps, until 1997. They were servants of the Crown and I believe they should be treated equally to all those who have served in Her Majesty’s armed forces.
Over the past 10 or 11 years, I have agreed with the right hon. Gentleman many times on many issues, particularly work and pensions. On this particular point, I am sorry, but I think he is being a little disingenuous about how some of his colleagues are using it to stir up concerns when actually we need to be together as a nation. Where I agree with him is that there is real work for the Government to do—as the Minister knows, because he kindly gave me time on the point yesterday—to communicate much more effectively with Britons across this country about the facts of the legislation, which draw on a right that has been there for the Government for 100 years, since the first world war. Most people—most of our constituents—have no idea about that.
I have given way quite a lot. Can I make some progress? I am just conscious that a lot of people want to speak. If the hon. Lady will forgive me, let me make some progress and let us see where we are.
The really important points are as follows. How many people have actually had their UK nationality revoked in such a context? On which crimes does the 100-year clause have an impact? Is there a right of appeal to a legal tribunal? There is. Will anyone have their single nationality revoked, completely obliviously to where their parents or grandparents might have come from originally? The answer to that, to my strong understanding, is almost certainly no in 99.999% of cases.
In the remaining time, may I press my hon. Friend the Minister for clarification, not just for Members but for those in the nation at large, to reassure them about the nature of the atrocities that need to be committed for this clause to be applied, and the fact that it absolutely does not target anyone of any origin whatsoever? Indeed, if it did, my wife, who was Kenyan when I married her, would certainly be affected. There are millions of people who potentially might be affected, and that is why reassurance is required to make clear that this is purely about a very simple business of notification when a person is unreachable or in a war zone.
On that note, I will give way to the hon. Member for Streatham.
I am very glad that the hon. Member has given way. I was not present when he referred to my speech, but I want to ask him if he really understands what the issues are. The Government, as he rightly said, already have the ability to reduce people’s citizenship, so why do they want to make it even easier, and why do they want to remove all checks and balances? This is where the concern arises. After what has happened to the Windrush generation, and after what has happened to the young people who—
Order. I am afraid that we have run out of time. The allotted time allows two interventions, and we have had those, so I am afraid that that is it.
It is a pleasure to speak in this debate. The residents of Rother Valley warmly welcome the Bill. I will speak against new clause 12 and in favour of clause 9. I have been very disappointed with the tone of the debate, especially with regard to the poor victims of the Windrush scandal, which was an absolute tragedy for this country. Opposition Members are somehow equating this Bill with Windrush. This Bill is designed to strip citizenship from dual citizens who are a threat to this country—terrorists, hardened criminals and those people we do not want in this country and should not be part of this country. For Opposition Members to equate those sorts of reprobates with Windrush is deeply insulting and deeply troubling. It is no more than scaremongering and trying to wind people up.
The Bill is not about taking citizenship without notice; that will not happen unless it is not “reasonably practical” to give that notice. I want to hear from Opposition Members on how we could go to, say, an ISIS fighter in Syria and hand them a notice saying, “You’re being deprived of your citizenship”, or to some terrorist in Chechnya saying, “Excuse me, Mr Terrorist, please stop shooting people—I’ve been sent here by the Government to give you a notice.” That would be ludicrous and would put UK Government officials in danger.
The question for this House is whose side we are on. Are we on the side of the rule of law, British citizens and British officials, or do we want to send British officials into harm’s way—to the ISIS suicide bombers of Iraq and Syria to give them a piece of paper? I say no. [Interruption.] I hear chuntering from a sedentary position. I am happy to take interventions from Opposition Members if they wish to challenge this, but none is forthcoming, because they know that this is the truth. They know that this Bill—
The hon. Member says that officials cannot go to some places to inform people about their citizenship. How did they notify Shamima Begum, I might ask, that she no longer had her British citizenship? There are clearly ways to do it. Opposition Members’ objection is that there are already mechanisms in law that allow the Government to deprive people of their citizenship. Why do they want to make that easier? Look at everything that has happened with immigration over the past number of years. That is why people from black, Asian and minority ethnic communities are afraid—because every time the Government change legislation, things are worse for people from those communities.
I thank the hon. Lady for that point, although I am a bit confused about it. Shamima Begum could be deprived of her citizenship first because she was found, as she was in a refugee camp, and secondly because she was a terrorist—and I say, good. It is good that her citizenship was taken away. Long may we continue taking citizenship away from terrorists.
Frankly, if people have done nothing wrong and are not terrorists or a threat to this country, they have nothing to fear. That is the message to put out there. This is about such a small minority of cases. Some would argue that we should take this measure against more of these terrorists and reprobates. I would definitely support that. This Bill is not about targeting minorities; it is about bad people. I am confused about whose side Labour Members are on. Are they on the side of upstanding, law-abiding British people, or the side of people who want to do harm to the country—to blow people up, cause damage and put us in harm’s way? I am very confused by their point of view.
(3 years, 4 months ago)
Commons ChamberThere is only one thing on which the Home Secretary and I would agree today, and that is that we have a failed and broken immigration system that costs far too much money. But that is because of successive Conservative Governments, who have failed it and broken it, and an incompetent and chaotic Home Office that continues to preside over it. When they constantly have to pay out claims for wrongful decisions and they outsource immigration detention and asylum accommodation, it costs money and causes misery. When more than 50% of those in immigration detention actually end up staying in this country, what an absolute waste. Extending the immigration detention estate will only enrich companies such as Serco and G4S, which is why the plan makes no sense to me. The pandemic has proven that it can be managed in another way. If the Government want to save money, they should simply end immigration detention.
This horrendous piece of legislation, hailed as a solution, does nothing to resolve these issues. It does nothing to create safe routes for refugees, nothing to end the hostile environment, nothing to end the danger of unsafe asylum accommodation and nothing to address the bureaucratic hurdles that leave people without documentation through no fault of their own.
We are living through an age of mass displacement driven by war, poverty and climate breakdown. Under the refugee convention, anyone seeking asylum should be able to claim in their intended destination or another safe country. Asylum seekers are under no obligation to seek refuge in the first country they arrive in, and there are a number of reasons why they may not do so.
At times like this, the Government should not be dodging their moral and legal obligations to accept their fair share of refugees. Instead of creating a fair and humane system, this Bill, coupled with the Government’s new plan, discriminates by distinguishing that whether people are fleeing from persecution is irrelevant compared with how they arrived. Does the Home Secretary realise that a trafficked woman cannot stop and ask her handler to ensure that she arrives under the correct documentation? LGBTQ people and those fleeing political and religious persecution cannot do a Google search to find out what mode might be considered the most favourable. An unaccompanied minor stripped of everything and everyone they know does not have the luxury of ticking the correct box. These people are fleeing conditions some of us could never imagine. These plans will limit the options of those most in need and create a two-tier system that will ruin lives.
It is 100% a misrepresentation to say that the legislation meets our obligations under international law. Do not take my word for it; the House has heard time and again today about the view of the United Nations, and the opinions of those lawyers who the Home Secretary seeks to demonise. I want all those campaigners and lawyers who continue to support migrants’ rights to know that, no matter what is said about them on the Conservative Benches, they are absolute heroes. Long after the Government are done away with, they will be on the right side of history.
This Bill is yet more of this Government’s authoritarian agenda, turning away the most vulnerable. As the late, great Tony Benn once said:
“The way a Government treats refugees is very instructive because it shows you how they would treat the rest of us if they thought they could get away with it.”
Only safe and legal routes will—
(3 years, 4 months ago)
Commons ChamberI acknowledge that that is the case. If we cannot have demonstrations, that sets a dangerous precedent, and I urge hon. Members to reject the new clause. Current laws provide wide-ranging powers for authorities to keep public order and protect women and the public from genuine harassment and intimidation. An extensive review undertaken by the Home Office in 2018 concluded that
“legislation already exists to restrict protest activities that cause harm to others.”
Most notably, under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, public space protection orders can be used. The UK’s first buffer zone around an abortion clinic was established in 2018 by Ealing Council, in the constituency of the hon. Member for Ealing Central and Acton, using a public space protection order. It prevents protesters from gathering up to 100 metres from the clinic. Other local authority areas have brought in similar public space protection orders. In summary, I urge Members of the House to reject the new clause.
I rise to speak to the new clauses in my name, and owing to time constraints I will focus my comments mainly on those. I would, however, like to give my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) the chance to intervene further.
I am grateful to my hon. Friend. When discussing these types of issues in this House, we must look carefully at what is actually in the amendments. We should not just say what we think is in the amendment; we should look at its actual drafting. This Bill is about the criminal law and justice system. It is not about safeguards or anything else to do with healthcare. My amendment is specifically about decriminalisation, as the Government have already done in Northern Ireland.
Let me highlight the amendments and new clauses that I seek to support, including those on the right to protest in the names of the right hon. Member for Orkney and Shetland (Mr Carmichael) and my hon. Friend the Member for Coventry South (Zarah Sultana). I support those amendments that seek to stand up against the discrimination and persecution of the Gypsy, Roma and Traveller communities, particularly those tabled by my hon. Friends the Members for Liverpool, West Derby (Ian Byrne) and for City of Durham (Mary Kelly Foy), and those that challenge wider inequalities in the criminal justice system, from class to age, race, sexuality, disability and gender, including the new clause tabled by my hon. Friend the Member for Leicester East (Claudia Webbe). I oppose the introduction of secure academies for 16 to 19-year-olds, which is essentially the expansion of child prisons, as reflected in the new clause tabled by my hon. Friend the Member for Poplar and Limehouse (Apsana Begum). I will also support any other amendment or new clause that seeks to remove or address the sinister nature of the Bill.
We can be under no illusion—this is yet another authoritarian clampdown on our civil liberties. The right to peaceful assembly and protest is a fundamental principle of any democracy, and the rich tradition of dissent in this country shows us that such actions can change the course of history. They are the reason that someone of my race, class and gender has the rights I have, and why I can stand here as a Member of this House. We must not forget that the struggles and protests being demonised by this Bill are seen as the milestones of progress in our society. The suffrage movement, for example, faced considerable state repression and police brutality.
My new clauses 56 and 57 call respectively for a review of stop-and-search powers and for a public inquiry into how the criminal justice system affects black, Asian and minority ethnic people. BAME people are more than nine times as likely to be stopped and searched by police, yet this Government think that it is okay just to plough ahead, exacerbating the situation further. Just last week, the United Nations released a report analysing racial justice in the aftermath of the death of George Floyd and called on member states, including the UK, to end impunity for police officers who violate the human rights of black people. A 2019 report by the Women and Equalities Committee recognised that Gypsy, Roma and Traveller communities are one of the most persecuted groups in Europe, yet the Government seek literally to persecute them further through the Bill.
We need a full public inquiry into the disproportionality that exists at every single level and junction of the criminal justice system. High prosecution rates, higher custody rates, longer-than-average custodial sentences, disproportionate representation in the prison system and deaths in custody—this is what under-represented communities have come to expect. We need answers, and then we need justice in order to move forward.
The Black Lives Matter movement and the protests that sprang from it sought to challenge these injustices—and what was the Government’s response to national calls to end institutional racism? It was to commission a report that said there was no institutional racism, and to introduce a policing Bill that will only further criminalise and brutalise these communities. If the Government were actually listening to what the BLM protesters said, they would not be bringing in a Bill like this.
Why not follow the example of the England football team, who have inspired us during Euro 2020 not only with their football prowess, but with their collective and principled bravery in taking the knee, representing the very best of us and our communities? To quote Gareth Southgate, it is about a
“duty to continue to interact with the public on matters such as equality, inclusivity and racial injustice, while using the power of their voices to help put debates on the table, raise awareness and educate”.
He is a football manager—he does not work for this House, but he does much better than we do, day to day.
I know with all my heart that I am on the right side of history. I urge hon. Members to stand with me and stop the criminalisation of black, Asian and minority ethnic communities, of Gypsy, Roma and Traveller communities and of every single under-represented group that will be destroyed by legislation such as this.
Could the last two speakers stick to four minutes?
(3 years, 4 months ago)
Commons ChamberI congratulate my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) on securing this important debate. It is absolutely right that today in Parliament we celebrate the Windrush generation from the Caribbean, from Africa, from Asia. These communities help make the UK what it is today and continue to contribute immeasurable amounts to every aspect of British society. I was very pleased on Windrush Day to join students at Corpus Christi Catholic Primary School on Brixton Hill as they played their steel pans and sang a rendition of “You Can Get It If You Really Want” by Desmond Dekker. They had spent weeks learning about the Windrush generation and were very excited to tell me about everything that they had learnt—this included teaching me some things. I was pleased to join the CARICOM heads of mission at the Windrush commemoration at Windrush Square, at the African and Caribbean war memorial that is there, which is a very important place, especially given this year’s revelation about how disrespected our former Commonwealth officers—members of the military—had been and how those who were involved in various world wars had been treated.
It would be remiss of me not to pay tribute to Arthur Torrington of the Windrush Foundation and acknowledge his organisation’s call, joined by many of the Windrush generation throughout the country, to actually have the Windrush memorial that is planned built at Windrush Square, where they believe it rightfully belongs.
After the Windrush scandal broke, the apology that the Government eventually gave was momentous. It was the first time that I know of in my history that the British Government have apologised so unequivocally on an issue related to a matter of race. The celebrations that we have had over years since then, the establishment of Windrush Day and the acknowledgement of the importance of the Windrush generation to this country are important, but they all mean nothing if we do not end the scandal that is very much ongoing; if we do not admit and tackle racial injustice; and if we do not end the hostile environment.
We have to remember that the Windrush generation were treated terribly and some of them have even died before receiving a penny of justice and many died before receiving that apology. People were denied driving licences and homes and made unemployed. They were put in immigration detention centres, some were deported, and others were refused re-entry to this country and are still finding difficulty getting back into this country. Some had their families broken up. They were British citizens and this happened to them and to their loved ones.
As far as many are concerned, the scheme remains unfit for purpose. Too many have died waiting for compensation and too many have been denied it. Since the scheme started in 2019, a total of 2,367 people have applied, 122 claims have been rejected and 22 have resulted in no compensation at all. To date, only 687 claims have received any payment.
Despite the Home Secretary’s statement that the scheme has fundamentally changed since December, it is clear that that has not been the case. The author of the scheme, Martin Forde QC, has even said that those who deserve compensation think it is a “trap”—what an indictment of this Government and the Windrush generation’s confidence in them.
The scandal continues. Jacqueline McKenzie—a lawyer based in my constituency who has been holding pro bono legal surgeries for those affected by the scandal at the Black Cultural Archives and elsewhere throughout the country—has extensive evidence of persistent Home Office failings in not just administering the scheme but registering those Windrush generation members who require their citizenship. It goes on.
It should be no surprise to the Government that a number of people have signed a petition calling on the Home Office to amend the scheme, and that the Labour party is rightfully calling for the scheme to be moved out of the Home Office. We do not honour the Windrush generation if we carry on like this.
We do not honour the Windrush generation if we continue to apply the hostile environment and continue with our broken immigration and nationality system. How can we say we have learned any of the lessons of the past if we are about to drive EU nationals into an effective Windrush scandal, with thousands of them probably having not applied for the scheme by yesterday’s deadline?
It does not honour the Windrush generation that in 2019 some 421,000 children were born in the UK who were not registered as British citizens—some of them, I might add, are the children and grandchildren of the Windrush generation directly—and that in that same year 177,000 children who had been raised in the UK for at least 10 years were also unregistered. These children are not migrants, just like the Windrush generation, and they have gone on or, if the issue of citizenship fees does not change, will go on to experience real-life difficulties, continuing to fall victim to the hostile environment when it comes to accessing healthcare, taking up employment, attending university, renting a home and opening a bank account—all things they should have access to.
It does not honour the Windrush generation if we continue to push issues of racism out of the way. The recent race report was an absolute disgrace in my view. It was a complete whitewash of the institutional racism that the Windrush generation and others have faced and continue to face. Even to imply that there may be no issues with institutional racism is a complete disgrace, in terms of people’s experience, but also I believe that it is an attempt to absolve the Government of the responsibility for tackling it: if there is no institutional racism, there are no duties for the Government to impose on institutions. This is just passing the buck as usual. We do not honour the Windrush generation and we do not respect their past when we do not have a plan to change this discrimination that ultimately and undoubtedly could, and will, impact on their futures.
We do not honour the Windrush generation if we do not educate people about the history of slavery and colonialism, which are very much a part of our history as Britain. It cannot be the case that we choose a history that acknowledges neither of these major events that are part and parcel of why we are the country we are today, part and parcel of why people in this country experience racism today, and part and parcel of why the Windrush generation and the Windrush scandal happened in the way that it did. It was because of this racism. It has been inspirational to see children, schools and teachers across my constituency taking up Windrush Day and black history lessons and actively doing it themselves, but they are not doing this with Government support—despite the recommendations in the Windrush lessons learned review—and that is wrong.
Yes, the Government have apologised with Windrush Day and have certain measures that may look like they are going in the right direction, but too many fall short of what is required. If the Government stand true to the apology that they made years ago, if they respect the Windrush generation, and if they respect the continued involvement and contribution that this generation and many others from migrant backgrounds continue to make to this country, they will take stock, remove the Windrush compensation scheme from the Home Office so it can be managed properly, listen to the Windrush generation about where they would like to have their memorial, and take active steps acknowledging institutional racism and working to bring it to an end.
(3 years, 8 months ago)
Commons ChamberI thank my hon. Friend for his constructive tone and comments. The plan is subject to consultation. It should be a people’s consultation. The British public, with the publication today, should absolutely join the consultation, and I encourage all Members to get their constituents on board. At the end of the consultation, we will obviously draft a Bill and bring it to Parliament for a second session.
The 1951 convention relating to the status of refugees and its 1967 protocol state that anyone seeking asylum should be able to claim in their intended destination or another safe country, but the Government’s new plan discriminates by distinguishing between people fleeing the same persecution based on their route or on their mode of transport. Does the Home Secretary realise that, under the new plan, trafficked women, LGBTQ people, and those fleeing political and religious persecution will be left with limited options? Rather than expanding safe and legal routes, the plan could actually leave more of those seeking family reunion at the mercy of people smugglers. The plan does not meet the needs of the most vulnerable, so can she explain how she reconciles this obvious misrepresentation of our obligations under international law?
First of all, I advise the hon. Lady to actually read the immigration plan, because she will see that it is in line with international obligations, including the refugee convention. Secondly, she has spoken about categories of individuals—people seeking to flee who will be persecuted for who they are and for their values. They will, of course, be covered under our safe and legal routes scheme, so she is completely wrong in her misrepresentations.
(3 years, 8 months ago)
Commons ChamberI thank my hon. Friend for his comments and his practical suggestions. We are doing a lot on CCTV, and we do have the Safer Streets fund, which he will be very aware of. He has raised a number of areas, and I suspect that if he were to join the Committee on the Police, Crime, Sentencing and Courts Bill, he could absolutely contribute to that and make those points there.
I join Members in continuing to extend our thoughts and prayers to Sarah Everard’s family. My constituents have reacted with justified anger to the Metropolitan police’s treatment of those in attendance at this weekend’s vigil to commemorate Sarah and all women who lost their lives to gender-based violence. It is bitterly ironic that an event intended to highlight the issue of public safety for women was blocked on the grounds of public safety. What happened this weekend is a reminder of what happens when police try to completely bypass the views of the communities they serve. Does the Home Secretary recognise that the police’s high-handed approach got the balance between public safety and the right to protest completely wrong? Does she agree that the police’s heavy-handed treatment of female protesters was wrong? Will she now accept that her Police, Crime, Sentencing and Courts Bill is ill-conceived? My constituents are very angry about what has happened and want to know what the Government will do to reassure them that they will proactively address violence against women and girls and deep-seated forms of institutional discrimination in the UK police.
I understand the sentiments that the hon. Lady is raising on behalf of her constituents and obviously recognise the constituency that she represents and the terrible, tragic events that have taken place. All our thoughts are clearly with Sarah Everard and her family. Of course, the Metropolitan police themselves had been involved with the vigil that was planned and spent a great deal of time with the organisers, and the Metropolitan police have been very public about that. I am not going to repeat my comments about seeking greater assurance and ensuring public confidence in policing, hence the reason why Her Majesty’s Inspectorate of Constabulary is now conducting a full, independent “lessons learned” review. I think that is absolutely appropriate. My comments about Saturday evening are on the record and well known.
With regard to the Police, Crime, Sentencing and Courts Bill, that is a manifesto Bill that this Government were elected on, and we will of course participate in its Second Reading later on this afternoon. It is not ill-conceived at all. The British people voted for it. We live in a democracy and this Government will work to deliver on it.
(3 years, 11 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on the scheduled mass deportation by charter plane to Jamaica.
This charter flight to Jamaica is specifically to remove foreign criminals. The offences committed by the individuals on this flight include sexual assault against children, murder, rape, drug dealing and violent crime. Those are serious offences, which have a real and lasting impact on the victims and on our communities. This flight is about criminality, not nationality. Let me emphasise: it has nothing to do with the terrible wrongs faced by the Windrush generation. Despite the extensive lobbying by some, who claim that the flight is about the Windrush generation, it is not. Not a single individual on the flight is eligible for the Windrush scheme. They are all Jamaican citizens and no one on the flight was born in the United Kingdom. They are all foreign national offenders who between them have served 228 years plus a life sentence in prison.
It is a long-standing Government policy that any foreign national offender will be considered for deportation. Under the UK Borders Act 2007, which was introduced and passed by a Labour Government with the votes of a number of hon. Members who are present today, a deportation order must be made where a foreign national offender has been convicted of an offence and received a custodial sentence of 12 months or more. Under the Immigration Act 1971, FNOs who have caused serious harm or are persistent offenders are also eligible for consideration.
Let me put this flight in context. In the year ending June 2020, there were 5,208 enforced returns, of which 2,630, or over half, were to European Union countries, and only 33 out of over 5,000 were to Jamaica—less than 1%. During the pandemic, we have continued with returns and deportations on scheduled flights and on over 30 charter flights to countries including Albania, France, Germany, Ghana, Lithuania, Nigeria, Poland and Spain, none of which, I notice, provoked an urgent question. The clear majority of the charter flights this year have been to European countries.
Those being deported have ample opportunity to raise reasons why they should not be. We are, however, already seeing a number of last-minute legal claims, including, in the last few days, by a convicted murderer, who has now been removed from the flight.
This Government’s priority is keeping the people of this country safe, and we make no apology—no apology—for seeking to remove dangerous foreign criminals. Any Member of this House with the safety of their constituents at heart would do exactly the same.
First, no one opposing this flight condones any of the crimes that these individuals have been found guilty of. It is the process of mass deportation that is fundamentally wrong, and it is notorious for bundling people out of the country without due process. Does the Minister recognise that this decision effectively amounts to double jeopardy when those involved in some lesser offences have already served their custodial sentence? Does he recognise the message that that sends about the consequences of being a white offender or a black offender, given the racial disparities in sentencing?
I hope the Minister agrees that no one is above the law, not even the Government, and that no one is beneath adequate defence and proper legal representation, not even those born in other countries. Will he therefore outline whether the deportees have been granted access to adequate legal advice and representation, and whether any have been allowed to appeal this decision, particularly given the lockdown restrictions and the likelihood that they would have no access to legal aid?
On being above the law, the Equality and Human Rights Commission recently found that the Home Office unlawfully ignored warnings that the hostile environment was discriminatory. Can the Minister explain why the Government are so comfortable continuing with a key part of the hostile environment policy when it has been so damningly called into question? Has he considered the 31 children who will be impacted by having a parent removed from this country?
The Home Office has got it wrong again and again on immigration. Will it therefore think again, halt this deportation flight and finally end the illegal hostile environment?
The hon. Lady speaks of what she calls mass deportations. I have already pointed out that, over the last year, of the 5,800 people who have been removed, only 33 have been of Jamaican nationality.
The hon. Lady mentioned black versus white. She was insinuating in her question that there was some element of underlying racism in this, but I have pointed out already that the vast majority of people who have been removed this year have been removed to European countries. This policy applies to people from Spain, France and Italy as much as it does to people from Jamaica. There is no element of discrimination in this policy whatever, and the hon. Lady was completely wrong to insinuate that, in some way, there was.
The hon. Lady asked about double jeopardy. She said that these people have been punished by a prison sentence already, but I say this: if somebody comes to this country, commits a serious criminal offence and puts our constituents at risk, it is right that, once they have served their sentence, or a great part of it, they should be removed. It is not just me who thinks that; it is the Labour Members who voted for this law in 2007 who think that, some of whom are sitting in this Chamber today.
The hon. Lady mentioned the EHRC and the compliant environment. This case is nothing to do with the compliant environment; it is about implementing the Borders Act 2007, as we are obliged to do. In terms of due process, there are ample opportunities to complain and appeal, as many people do, and I have mentioned already the case of a murderer who was taken off the flight just a few days ago following legal appeals.
We are protecting our fellow citizens, and I suggest that the hon. Lady takes a similar approach.
(4 years ago)
Commons ChamberMy hon. Friend raises an important change that is coming through our points-based immigration system, with simplification coming into the system, as he will be aware. He is absolutely right; part of our mantra as global Britain is that we are open to the world and, in particular, to those who want to contribute to our economy and our country.
The hon. Lady is right: that is a much needed change required in the law, and I will make further comments on this in due course.