Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Second sitting)

Diana Johnson Excerpts

Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

[Mr Goodwill]

Q Do you not agree, though, that the current EU regime that we operate in is actually very discriminatory against black people, given that the majority of people in the European Union are white people? We are going to extend the same rights to people from African countries, India, Pakistan and the developing world. At the moment, do you not agree that it is a very discriminatory system, giving rights to people from EU countries, or EEA countries, that are not extended in the same way to those from other countries, where predominantly people may have different coloured skin?

Bella Sankey: I welcome the sentiment to use this moment to level up protections for people in the UK regardless of their skin colour. Unfortunately, though, what the Bill does is level down protections. As things stand, EU citizens have protections against deportation that have not been transferred into the Bill, so will no longer apply to EU citizens and will not apply to non-EEA nationals—predominantly black and brown people.

Similarly in our immigration detention system, there is nothing in the Bill to provide the kind of safeguards that EU citizens currently have against detention. We know that the system discriminates. If you are Australian and you are detained, 90% of Australians will be released before 28 days. If you are Jamaican and you are detained, only 40% of Jamaicans will be released before 28 days. You are right: there is direct racial discrimination hardwired into our immigration system at present, but nothing in the Bill actually deals with that. It only downgrades the rights of non-British citizens in this country.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Q I wanted to ask about the advice and assistance that is available to people who want to apply under the EU settled status scheme, and in particular the fact that there is not a right of appeal in the Bill. Does that offend against the rules of natural justice when decisions are taken? Also, would the two witnesses like to comment on the recommendation from the Home Affairs Committee to have a declaratory system for granting settled status? Might that help to head off some of the problems that we have been identifying this afternoon?

Adrian Berry: On the right of appeal, you will be aware that in section 11 of the European Union (Withdrawal Agreement) Act 2020 there was a provision for making a right of appeal by way of statutory instrument, and that that was exercised in the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020.

[The Chair]

Order. I know it is unnatural, but you have to face us, or the microphones will not pick you up.

Adrian Berry: Sorry. There is a power in the European Union (Withdrawal Agreement) Act 2020 to create a right of appeal for those who are refused under the settlement scheme. A statutory instrument was laid and came into force on 27 January in the form of the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, which covers most of the terrain but, to deal with your point, does not cover invalid applications that are made under the EU settlement scheme, because they are not considered to have been properly made. There is no appeal right for those people. That would be a welcome amendment.

Briefly on a declaratory scheme, given how many people have been registered under the EU settlement scheme, there is a need to encourage maximum compliance and to make sure that deadlines are extended, if necessary, beyond June 2020 next year. There may come a point when the full merits of a declaratory scheme, which I would have supported at the outset, become more manifest to deal with the remaining cases, but at the moment we need to ensure compliance and a full subscription take-up of the scheme.

Bella Sankey: It is deeply problematic that there is not a declaratory scheme for EU citizens. Again, the echoes of Windrush should be considered. Wendy Williams, in her report published last month, found that the Windrush scandal was entirely “foreseeable and avoidable”.

At the time that the Immigration Act 2014 was passed, I worked for Liberty, the National Council for Civil Liberties, and we warned the Home Office that the Windrush scandal, and other scandals, would happen because of the hostile environment that was being introduced. I say again in 2020 that there will be a similar scandal, this time for EU citizens, because the very same problems that the Windrush generation encountered will be real and evident for EU citizens who do not manage to apply for the EU settled status scheme in time. Of course, they will often be people who are more vulnerable and in harder-to-reach groups, and will be made more marginalised by the fact that they have become essentially undocumented.

One of the other big problems with the Bill when thinking about redress and natural justice is that, at present, legal aid is not available in immigration cases. That was one of the many reasons why, during the Windrush scandal, people found themselves being detained and wrongfully deported. There was no access to lawyers for that generation that came to the UK post war to help us to rebuild. Similarly, there will be no access to lawyers for EU citizens who are seeking to regularise their status after the applications close. That is why one of the other amendments that Detention Action is proposing to the Bill is to bring civil legal aid back within scope, at the very least for article 8 cases where people’s private and family lives and human rights are at stake.

Child Protection

Diana Johnson Excerpts

Thursday 27th February 2020 Commons Chamber

[Victoria Atkins]

I thank my hon. Friend for his questions, and I know he has great expertise and interest in this area. With this early intervention we are not just setting strategies but implementing work across the country through the targeted funds we have set up, including the youth endowment fund, which is deliberately designed to take place over a 10-year period so that the investment rolls through various spending reviews. It has been protected so that we can invest to learn and discover which projects work and which do not. It is fair to say that there have previously been misunderstandings about what works, and we want to learn more so that local authorities and other commissioners invest wisely.

I take my hon. Friend’s point and thank him for his information about an earlier iteration of the child sexual abuse strategy. We are looking across all the typologies of child sexual abuse. There are many typologies, particularly nowadays, sadly, with the prevalence of online abuse and exploitation, which I am afraid can take place with just an ordinary mobile phone and can have devastating consequences for the child who is targeted, not just in the immediate circumstances of the photo or video being taken but, of course, for many years thereafter, as we are discovering through our work with WePROTECT.

I am very conscious of my hon. Friend’s observations, and I am happy to meet him to discuss them further, because we want to get this right.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Minister has referred to the stronger multi-agency child safeguarding arrangements that were introduced in September 2019. She says it is recognised that they are a key opportunity to deliver the kind of systemic change we need to see.

My hon. Friend the Member for Sheffield, Heeley (Louise Haigh) has said that police forces are not active enough. As a constituency Member of Parliament, I am concerned about children’s services in Hull. Humberside police is responsible for ensuring the safeguarding of children in Hull, so what should I ask its chief officers to deliver to make sure children are kept safe?

[Victoria Atkins]

The police and crime commissioner obviously sets the priorities for the force, so I would go to them before going to the chief constable. Police and crime commissioners play a vital role in commissioning local services, and we have seen some excellent commissioning decisions in relation to exploitation more widely than simply sexual exploitation and, of course, in their work to hold the police to account on this issue.

The hon. Lady should ask the chief constable whether he or she has confidence that the force is working in accordance with the vulnerability knowledge and practice programme that we have funded to enable policing best practice to develop in response to vulnerability. Vulnerability is key to many of the crime types we see nowadays, and it should be at the front of every chief constable’s mind.

Point of Order

Diana Johnson Excerpts

Tuesday 11th February 2020 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

On a point of order, Madam Deputy Speaker. On 14 August 2019 I met my constituent Jennifer Dees, whose six-year-old son Stanley had been killed with an airgun by his great-grandfather. We discussed the campaign that Jennifer was running for tighter regulation governing the ownership of these weapons, and she sought, through me, a meeting with the Home Secretary.

Since 15 August, when I first wrote to the Home Secretary, my office has made four further attempts to obtain a response. I am very disappointed to have received no formal response from the Home Secretary for six months. Even allowing for the five-week general election period, that is a disrespectful and distressing way in which to treat a bereaved constituent wanting to raise an important issue. Could you, Madam Deputy Speaker, advise me on what can be done to remind the current Home Secretary of the need to observe basic ministerial courtesies, and to respond to Members of Parliament in a timely manner?

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Lady for her point of order. The Home Secretary happens to be here, and I understand that she is happy to give a response immediately.