Detention of Vulnerable Persons

Debate between Geraint Davies and Jim Shannon

Tuesday 14th March 2017 Westminster Hall

[Jim Shannon]

I wholeheartedly agree with the right hon. Gentleman, as I think does everyone in the Chamber. What he has described shows the issue we face: changes happen, but are they for the better? In the present case I believe they are not.

I would like to know how, in the Government’s view, dignity and respect have been upheld since the Prime Minister’s statement was made just over two years ago. I understand that the recommendations in part 4 of the Shaw report, which addressed the concept of vulnerability, have largely been accepted by the Government. However, there are examples, including the one outlined by the right hon. Member for Orkney and Shetland (Mr Carmichael), that do not show that acceptance in action. There was a recommendation that the presumption against detention be extended to include victims of rape and other sexual or gender-based violence, including female genital mutilation, as well as people with a diagnosis of PTSD or with mental health issues and, as other hon. Members have mentioned, transsexual people and people with learning disabilities. Those are clear and specific categories where there are issues that need to be addressed. The presumptive exclusion of pregnant women should be replaced by an absolute exclusion, and the phrase

“which cannot be satisfactorily managed in detention”

should be removed from the section of the guidance covering those suffering from serious mental illness.

It is always good to read the newspapers, although whether we believe them or not is another thing. However, a reputable newspaper that I read contained an article stating:

“In June last year, the Home Office published new guidance that says women on suicide watch in detention should never be watched by male guards. In July, it introduced a 72-hour time limit on the detention of pregnant women—a measure which I particularly welcomed as it was clear that detention was often harmful for pregnant women. And in September, the Home Office also published guidance which states that survivors of sexual and other-gender based violence should not be detained.”

If the Government are pressing ahead with such measures and protection for pregnant women, that is good news; if they are not providing them with protection, they should be. I tabled some questions on this matter some time ago, and I am keen to hear how the Minister responds to the debate. It is good that the Government action described in the newspaper report is happening, but more needs to be done. What more is scheduled to happen? I should like to hear the Minister’s thoughts on the protection of pregnant women in detention and whether the change to a 72-hour time limit has been effective. Is it working, and is it enough?

I have read reports suggesting other ways of dealing with asylum seekers, which we could explore, in countries such as Sweden. Sweden sets examples to the world of how to do many things. We can learn from each other. While we have the current system, we must ensure that procedures are followed and the Government send those who have no right to be here back home; but while they are here, their needs should be catered to in the most humane way. I know that that is the intention of the Minister and the Government but perhaps we need to see it more in action than in words. I offer support, but I ask that our procedures be carried out in a humane, compassionate and effective way.

[Geraint Davies (in the Chair)]

The third member of the Celtic fringe—other than me, of course—is Dr Lisa Cameron.

Exiting the EU: Higher Education

Debate between Geraint Davies and Jim Shannon

Wednesday 23rd November 2016 Westminster Hall

[Jim Shannon]

Quite clearly my hon. Friend, like me, sees the glass as half full. We believe in the future and we have confidence in the future, and we look forward to that. We know we can deliver.

I am beyond proud of the universities in Northern Ireland: Queen’s University Belfast and Ulster University. We have tremendous courses that produce highly recognised degrees. I have met many politics students from Europe and the USA who made the choice to study in Northern Ireland because universities in the UK are so highly regarded. We have a legacy of high-class institutions in this country, and we must build upon and jealously guard that legacy. Queen’s University Belfast is made up of 32% international students. It is essential that our campuses retain the ability to access the international market. There are partnerships at Queen’s University and the University of Ulster with companies and students from overseas for new research into medicines.

There is no need for a knee-jerk reaction. The Government have made it clear that EU students applying to study from 2017 to 2018 will not only be eligible for the same funding and support as they are now, but their eligibility will continue throughout their course, even if the UK exits the European Union during that period. That is the Government’s commitment, so let us be clear where we are. We have time to consider the best way forward. We can all still be assured of that. The Minister in his response will reaffirm that position, and it is important that he does so.

We are all aware of the issues regarding visas for those who are not from the EU and who want to study here, and we must be aware of the statistics. Non-EU students contributed £3.5 billion in 2012-13, £3.9 billion in 2013-14 and £4.2 billion in 2014-15. It is clear from those stats that we are still able to attract international students without the benefits of EU membership, but I am certainly not saying that no thought should be given in the Brexit negotiations to reciprocal incentives that our former EU partners could avail themselves of in the short term. Let us ensure that we keep the co-operation with our EU partners that we have at the moment. The value and the importance of our EU and international students and their role in our economy should not be underestimated. Indeed, I believe that the Government are not underestimating them.

It is absolutely clear that we benefit from having universities that people from around the globe want to attend. In 2013-14, there were some 125,300 EU students at UK universities, and in that year £224 million was paid in fee loans to EU students on full-time courses in England. That was 3.7% of the total student loan bill. The higher education sector contributes a massive £73 billion to the UK economy, including £11 billion of export earnings. The latest available figures show that in 2011, EU and non-EU students in higher education contributed an estimated £9.7 billion to the UK economy through tuition fees and living expenditure. The publicly funded higher education sector currently receives 2% of its total income from the fees of EU students, with some individual institutions receiving higher levels of funding.

I will conclude, Mr Davies, because I am aware of the time restraints. International students want to study here; the universities want them to study here; and our Government are aware that in Brexit we must facilitate and foster this educational relationship in every way possible. The value of sharing educational findings and research grants is another issue that I know the Government are very aware of, and I know they have confidence in our ability to continue funding projects such as those that take place in Queen’s University in Belfast and at Ulster University, which have resulted in ground-breaking innovation. This must continue; I believe it will.

[Geraint Davies (in the Chair)]

I call Dr Roberta Blackman-Woods. You have five minutes.

Exiting the EU and Workers’ Rights

Debate between Geraint Davies and Jim Shannon

Monday 7th November 2016 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to be called in this debate. I thank the Minister and hon. Members for giving us all a chance to participate. There are a number of issues that my constituents have asked me to raise in the House and I intend to do so.

My office staff will laughingly point to a sign in the office which works out time off in such a way that they owe me. Annual leave is only one of many workers’ rights that will be discussed and, more importantly, protected during negotiations. The Government told us:

“‘This is your decision. The government will implement what you decide’—no ifs, no buts”,

no second referendum. It was not a regional or a constituency referendum. It was a decision which all the people of the United Kingdom of Great Britain and Northern Ireland took collectively, and that decision was to leave. Let us get on with the job and make sure that that happens.

The Government have been clear about the protection that will remain. The Prime Minister said that

“by converting the acquis into British law, we will give businesses and workers maximum certainty as we leave the European Union. The same rules and laws will apply to them after Brexit as they did before. Any changes in the law will have to be subject to full scrutiny and proper Parliamentary debate. And let me be absolutely clear: existing workers’ legal rights will continue to be guaranteed in law—and they will be guaranteed as long as I am Prime Minister.”

That is what our Prime Minister said. It is very clear. Let us focus on that as well.

I am probably a lone voice on the Opposition side of the Chamber, as one of those who voted out. I am very happy to say that I voted out, and my constituency voted that way as well. I genuinely respect every Member on this side of the House, and I enjoy their friendship, but the fact of the matter is that I have a different opinion from many of them.

[Geraint Davies]

Will the hon. Gentleman give way? Will he say how long the Prime Minister is going to be—

Age Discrimination: National Living Wage

Debate between Geraint Davies and Jim Shannon

Wednesday 8th June 2016 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I have plenty of thoughts, and I am glad to share them. It is a pleasure to be called to speak in this debate. I enjoyed the setting of the scene by the hon. Member for Halifax (Holly Lynch), whom I congratulate on securing the debate. It is also a pleasure to be one of two males who will contribute.

It is hard to argue with the principle, ideal and intent of the national living wage. We want everyone in our country to have a life free from poverty and a job that compensates them properly for their labour, which is the purpose of the national minimum wage. In Northern Ireland we have some of the highest levels of poverty in the whole United Kingdom, so the minimum wage is an important issue for us.

We are a nation of shopkeepers, and I am descended from a family of shopkeepers. Margaret Thatcher said that we were a nation of shopkeepers—I am not sure whether we are as much as we used to be, but we still have a lot of shopkeepers. As the hon. Lady said, we are debating the principle of rewarding those who put in the graft by getting up to go to work and work hard for their family, but we would not be having this debate if there were not outstanding issues with the minimum wage changes.

We have all heard that small businesses across the country are worried that they will have to pick up costs that they cannot afford and, as a result, may have to lay off workers, who are not just employees but friends and family. That is an important issue. While seeking to improve the wages of people in the 18 to 25 bracket, we have to ensure that the businesses that employ them are able to pay those wages—it is important that we achieve that.

My constituency office—other Members will say the same—has been visited by many 18-year-olds who are setting up home together. That is good, and we want to encourage them, so we help them as best we can with housing. We hope that their wages will be enough for rent, food, heat and enjoying some time together as a young couple starting off. The hon. Member for Glasgow Central (Alison Thewliss) said that an 18-year-old could be doing the same job as a 25-year-old to the same level of expertise and ability but receive a lesser wage, which is grossly unfair.

Evidence from the Association of Convenience Stores shows that it is extremely concerned about the prospect of the national living wage reaching 60% of median earnings, which is currently projected to be £9 an hour. Retailers report that that is likely to change their staffing structures and affect store profitability. Some 25% of shop owners work more than 70 hours a week, and 20% do not take any annual leave. The May 2013 “voice of local shops” survey indicated that a majority of independent retailers, some 55%, believe that they earn less than the national minimum wage when taking into account the hours they work. Shop owners might not be earning the wage they need, but they do it because they have done it all their life and they want to create some employment for those around them. There are other reasons for doing it as well.

The Chancellor has taken that into account and has offset various business costs such as corporation tax and national insurance. The Government are cutting the burden of business rates by some £6.7 billion over the next five years. Provided that that does not affect tax receipts, it is a most welcome move that will help business owners across the country by freeing them of some of the shackles and obstacles that ambitious and striving small and medium-sized enterprises face in their quest to succeed and expand. The national living wage will hopefully not have the impact that SMEs once feared, but only time will tell. We will see how that works.

It is easy to jump to the assumption that there may be a form of discrimination, as the hon. Member for Glasgow Central said. Many of us feel that there might be discrimination, and in some cases there may well be blatant discrimination. It is about getting fairness so that people get a wage that reflects their labour and the sweat on their brow. That is what I am keen to see. There are mortgages or rent to pay, as well as childcare costs, family expenses and possibly pension savings, because now when people get a job they are often entered into a pension scheme almost straight away; indeed, people are encouraged to join pension schemes, by the Government among others. It is also important to have a pound or two set back for a rainy day. The hon. Lady referred to her grandmother. My grandmother and my mother are the same in this regard; they always had a pound or two set back for a rainy day, or the “what if?” category. When something goes wrong, it is good to be prepared for it.

Those are just a few of the costs that people have to factor in after being paid as they get older. Before the national living wage, people on the old-style minimum wage also factored those things in. It is true that there are some 21 to 24-year-olds who have all those expenses and more, which why it is important and welcome that the Low Pay Commission will continue to monitor, evaluate and review pay conditions for younger workers when it makes recommendations for future changes to the national living wage. I am keen to hear the Minister’s response to the debate, particularly on how he sees the Government monitoring, evaluating and reviewing those conditions. If those conditions are not right, what will happen?

The fact that changes to the national living wage are possible shows that there is room for movement. I believe that the Government have created some flexibility for the changing, adaptation and correction of the national living wage; the Minister will confirm whether that is the case or not. I hope that what is on the table now will not be, by any means, the end goal. There have to be some possibilities for movement, to secure better conditions for those on the minimum wage.

It is important that we do not disadvantage anyone financially in all of this activity, but at the same time we cannot disadvantage those who need the wage increase the most and those who are trying to get on in their life. Let us encourage our young people. That is why we are here; that is why we are MPs. We want to encourage our constituents, and our young people in particular. There needs to be careful monitoring of how the national living wage plays out in reality for those in the lower pay brackets, to ensure that no one is being disadvantaged by the structures.

I conclude by saying that close monitoring of the situation should allow for appropriate adjustments to be made. It is imperative that it continues in the future and that all essential amendments are made in a timely fashion, to ensure that the national living wage is the success that the Government, the hon. Member for Halifax and the rest of us here today want it to be.

[Geraint Davies (in the Chair)]

I want to begin calling the Front-Bench spokespersons at 5.20 pm, so I invite Liz McInnes to speak for eight minutes or so.

UK and Kazakhstan

Debate between Geraint Davies and Jim Shannon

Tuesday 5th January 2016 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairmanship, Mr Davies.

I thank my very good friend, the hon. Member for Beckenham (Bob Stewart), for bringing this matter to Westminster Hall for consideration. It will be no surprise to Members here that I will focus on some of the human rights issues and the persecution of Christians in Kazakhstan. I mean to do so in a very constructive way. I hope that Members will view my contribution in that way, but it is also very important that these things are said; they need to be said. We have a very strong economic working relationship with Kazakhstan and we want that to continue, but the issues of human rights and equalities, as well as the abuses that take place, also have to be addressed.

Kazakhstan is often overlooked, but it is the world’s largest landlocked country; as the hon. Member for Beckenham said in his introductory remarks, it is larger than western Europe. Therefore, I suppose that we should not be that surprised to learn that the astronaut Tim Peake was launched into space from that central Asian republic. It has been ruled by the same president—Nursultan Nazarbayev—since it gained independence from the Soviet Union in 1991. Nazarbayev’s regime is heavily criticised by human rights groups for restricting freedom of speech and for its apparent lack of democracy. At the most recent presidential elections, Mr Nazarbayev obtained 97% of the vote, which is a majority that some MPs can only dream of.

As the right hon. Member for Birmingham, Edgbaston (Ms Stuart) said, there has been a start to democracy in Kazakhstan, but there is a long way for that democracy to move, and it must move alongside the securing of human rights and equalities. The hon. Member for Ochil and South Perthshire (Ms Ahmed-Sheikh) clearly outlined the human rights issues in her contribution, and I will do that too, as well as I can.

Kazakhstan is No. 42 on the Open Doors world watch list and suffers from both Islamic extremism and dictatorial paranoia. The population is 16.7 million, of whom 2.5 million are Christian, although the majority of people in Kazakhstan are followers of Islam. The Christians amount to some 12% to 13% of the population. Not all Christians are affected by persecution in Kazakhstan, but those from non-traditional Protestant groups or who are converts from Islam face the most pressure from both families and communities, as well as from the regime, which is constantly working hard to extend its influence in the country.

More and more sanctions have been imposed on the Church, and Christians are frequently fined for their activities, while pastors are often arrested and imprisoned. In 2014, at least 71 people were fined for worshipping in unregistered underground churches. When people are denied their basic human rights and cannot enjoy freedom of religion or belief, it is little wonder that they are forced underground. Also, a law passed in 2011 limits church registration to groups of more than 50 people, forcing more than 500 churches to close and making church planting nearly impossible. It is surprising that there are 2.5 million Christians in Kazakhstan when we realise the very direct effect that those activities have had upon them. In 2013, Pastor Bakhytzhan Kashkumbayev from Astana—such names never come out right in my Ulster Scots accent—spent eight months in prison and was given a four-year suspended sentence for allegedly serving a mind-altering substance to a parishioner, which turned out to be nothing more than herbal tea that was being used for communion.

Those are some of the things that have happened in Kazakhstan, Mr Davies, and you can understand why we as MPs have to ask these questions and make these contributions. Hopefully we do so in a constructive way through this debate, while also having these things recorded.

On human rights, Kazakhstan heavily restricts freedom of assembly, speech and religion, and torture remains a serious problem. In 2014, the authorities closed newspapers, jailed or fined dozens of people after peaceful but unsanctioned protests, and fined or detained worshippers for practising religion outside state controls. Government critics including Vladimir Kozlov, the opposition leader who the hon. Member for Ochil and South Perthshire referred to earlier, remain in detention after unfair trials.

Recently adopted changes to the Kazakh criminal code, as well as a new law on trade unions, contain articles restricting fundamental freedoms, which is incompatible with international standards, and I am sure the Minister will refer to that in his response to the debate. Also, despite widespread calls to decriminalise libel and to amend the overboard criminal offence of inciting social, national, clan, racial or religious discord, the Kazakh authorities increased the sanctions for these offences in the new criminal code. We have to ask why they have done that, and why they restrict the freedoms of religion, expression and belief of the Kazakh people.

Independent and opposition media continue to face harassment and interference in their work. For example, in May 2014 a Radio Free Europe/Radio Liberty journalist was jailed for four days on hooliganism charges. He was not involved in any protest; he was just reporting for the radio after covering an anti-Eurasian Economic Union meeting.

These are some of the things that have happened in Kazakhstan. I have asked some questions about Kazakhstan before; they are in the background information that I have. The Minister who is here today was the person who responded to those questions. I asked questions in relation to fundamental labour rights and exploitation of child labour. I also asked questions about human rights, and freedom of expression, freedom of assembly and freedom of religion. In fairness—I give credit where credit is due—the Minister responded that the previous Foreign Secretary had brought the issue of human rights before the Kazakhstan Foreign Minister. I am not saying that no one has done anything, but I do not see the response and the changes, and it is changes that I want to see, so I think that the issue needs to be brought to Kazakhstan’s attention again.

Despite the fact that the general public might overlook Kazakhstan, this central Asian republic is a hidden gem, with the potential to unleash a new wave of economic growth and co-operation between east and west. And it can do that, as the hon. Member for Beckenham said very well in his introduction. The ancient silk road that linked China in the east to us in the west ran through what is now Kazakhstan, and the potential for a new silk road has been talked about and can hopefully come to fruition. However, we must address the Kazakh regime’s shortcomings on human rights and democracy.

Britons can visit the country visa-free until the end of 2017. We are a nation that is in favour with the Kazakhs and I expect we will be top of the list for future co-operation, as the emerging powerhouse gains traction and begins to fulfil its true potential. Kazakhstan is underdeveloped, but it is sitting on an abundant wealth of natural resources and minerals and it is essential that we work with the country to move it towards a real democracy with which we can work. We can then truly begin to unleash the potential of a close relationship with what is sure to become the powerhouse of central Asia and a facilitator of even greater trade links with the far east’s emerging economies. The country is strategically placed, and we want to develop our relationship with it.

As we continue to advance our space industry and the stars become more and more within our reach, Kazakhstan, with its space capabilities, will become a central part of that. I am sure that Tim Peake will not be the last person to launch into orbit from such a place. The potential is there. Undoubtedly, Kazakhstan is one for the future.

I have outlined the potential for a new silk road, the abundance of underdeveloped resources and the huge swathes of undeveloped land, but we cannot fulfil the potential until we have progress on the key issues of human rights and democracy. With the election results I referred to being dismissed by the OECD as “largely indiscernible” and human rights organisations across the board continuing to raise the poor track record of the regime, with some of them feeling that it is getting worse, it is essential to put the necessary pressure on the Kazakh regime and let it know that such infringements are simply intolerable in this day and age. We need to get a balance between economic co-operation, human rights, equalities and religious freedom. Despite what Mr Nazarbayev’s public relations offensive would have us think, Kazakhstan continues to stand as a pre-eminent post-Soviet dictatorship, in which, in addition to the disregard for democracy, political opposition and independent media are routinely stifled. Events such as the 2011 Zhanaozen massacre, in which a dozen unarmed protestors were killed, have gone largely unpunished and, despite free speech being guaranteed in the country’s constitution, the reality is very different—I have given examples of just that. The potential for Kazakhstan is amazing, but we can begin to work fully with it to fulfil that potential only when the regime becomes a democracy that respects all human rights.

[Geraint Davies (in the Chair)]

We now turn to the Front-Bench speakers, beginning with Peter Grant for the SNP.