Housing Bodies: Accountability

Debate between Grahame Morris and Jim Cunningham

Tuesday 20th November 2018 Westminster Hall

[Mr Cunningham]

I agree with the hon. Gentleman, but I would add that we need the resources, too. We cannot have joined-up thinking without providing them. We have to provide the resources for resolution of the problems, even if we have joined-up thinking. I do not necessarily disagree with him, but it is a question of resources.

I recently had a piece of casework where a constituent had an issue with his housing association, Orbit Housing, in Coventry. Without going into too much detail, the constituent had a concern that Orbit Housing was not adequately dealing with. I wrote to Orbit Housing, and we had the usual initial exchange of correspondence before it investigated the matter further. However, the correspondence I was receiving soon stopped, and I had to chase it for what was an undetailed response. We have all had experiences of delayed and undetailed responses to casework correspondence—I would like to see an improvement in the speed and helpfulness of responses—but that is not the main issue arising from this case. When I eventually received a final letter from Orbit Housing, it was highly unsatisfactory after such a delay.

Orbit Housing said that it could not tell me what steps it was taking because of data regulations. I make it clear that I do not want to know what people have in their bank account or when they got married. We do not want that information; we want to know that the issues we are raising are being pursued, and we want to know the details of how they are being pursued.

[Grahame Morris (Easington) (Lab)]

I congratulate my hon. Friend on securing the debate. He is making an important point about how public bodies are using the General Data Protection Regulation to obstruct Members of Parliament seeking to represent their constituents. On a housing-related issue involving someone with disabilities, I had to table some written parliamentary questions, and I asked the Ministry of Justice to establish an MP hotline for the tribunals service due to the difficulties I have been experiencing in getting satisfactory answers. I have had to get in the habit of copying tribunal inquiries directly to the Minister in order to obtain a response. Does my hon. Friend believe that the Government should issue guidance to public bodies, explaining what implicit consent means and stopping them obstructing Members of Parliament in carrying out their duties on behalf of constituents?

[Mr Cunningham]

I could not agree more with my hon. Friend. In fact, on occasions when we have been dealing with constituency correspondence with outside organisations, we have also asked the constituent to sign a form giving us permission. We should not have to go to those lengths. When we talk about trust in politicians, that is a good example of where we are not being trusted. Our constituents trust us because we are the last line of defence. Where do they go after us, whatever the problem might be?

I have had the problem of organisations refusing to give me information on a constituent’s case many times. It used to happen a lot after the passing of the Data Protection Act 1998, before being somewhat dealt with by the Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002. However, it seems that more and more organisations are using the new data regulations to avoid responding to casework. I am clear that I do not consider the case closed with Orbit Housing, and today is a good chance for us all to recognise that we need to be bloody difficult people on behalf of our constituents to get results.

As I have already said, the problem I had with Orbit Housing is not unique. I have asked other Members whether they have had similar problems in conducting their constituency casework. Members have made clear through their interventions today that they have, as have many Members who cannot be here today. The vast majority of Members who replied to me said that they had faced some form of obstruction. That ranged from delays to a complete refusal to share information with Members due to the data regulations—at least, that was the excuse. After receiving the response from Orbit Housing, I started looking at how data regulations apply to Members. I also wrote to the Information Commissioner and the Leader of the House to request clarification.

The EU’s General Data Protection Regulation and the UK’s Data Protection Act 2018 are our core data regulations. According to the legislation, we are data processers when we are handling a constituent’s casework. Data processors have to make sure they have a specific reason to process someone’s information. We are covered in our casework by two of the reasons outlined in the legislation: consent and public task. When a constituent writes asking for us to take action on an issue, it constitutes them giving us consent to discuss their personal data with a third party. Some organisations, however, do not always accept a letter from a constituent. That is the whole point.

However, consent is not necessarily always required, as we have a good second legitimate reason. Public task is when data processing is necessary to perform a task in the public interest or for official functions. The 2018 Act outlines that that covers elected representatives fulfilling their parliamentary functions. Conducting casework is one of our core functions and therefore falls under public task. We are therefore usually covered by two clear reasons when discussing a constituent’s information with a third party. That is the case regardless of whether we are discussing someone’s name or email, or a special category of protected data such as health or sexual orientation data.

Ultimately, the legislation is clear that we can discuss a constituent’s details with third parties. However, the issue I encountered comes from how the legislation applies to the third party in the casework. When we write to an organisation, we expect them to respond saying how they will fix the issue, but the data regulations add a layer of complication. As the organisation is itself a data controller, it needs to judge whether it can give a constituent’s information to us. Despite the fact that Members of Parliament are completely entitled to act on their constituent’s behalf, the organisation in question can still decide that it cannot give us the information we need. The constituent’s case is then forced shut, with no room to challenge the decision. That is exactly what happened to me with Orbit Housing, and it has happened to many other Members.

In this instance, data legislation is actually weakening our constituents’ rights and empowering the organisations that hold their data. Members cannot solve every issue, but we should be able to advance a case more than a constituent could alone. If third-party organisations can refuse to share information on a constituent’s case with us, our constituents suffer and we are left failing them due to legislation.

In summary, I would like to see several things from the Government as a result of this debate. First, they should assess the effectiveness of the current methods used to judge whether a building has been designed and built adequately. The Government started to look at that in the aftermath of the tragedy of Grenfell. I implore them to renew their efforts, considering their stated aim of radically increasing the number of homes being built each year. It is important that their rush to build does not lead to substandard homes being built, as Members have mentioned and as has happened too many times recently.

Secondly, the Government should conduct a review of the accountability of organisations, especially large house builders and housing associations, as my hon. Friend the Member for Dagenham and Rainham (Jon Cruddas) mentioned. The Government’s stated aim to soon increase the number of homes being built will mean hugely increased business for the larger housing companies in the UK. It is right that they are held to account if they build inferior housing or ignore customers. Just last month, the chief executive of Persimmon Homes ignored questions about his record bonus of £75 million—quite a salary. It is wrong that in an industry where so much money is made by those at the top there is little accountability when customers or residents are let down.

Lastly, I ask that the Government consult Members to evaluate whether we are stifled by data regulations in our ability to conduct casework effectively. It is my opinion that the regulations give organisations a loophole to ignore accountability. Some organisations might do it innocently, but there are definitely organisations out there using that loophole inappropriately. That represents a serious threat to our ability to progress casework and to hold organisations to account. The law must be tightened up to empower us and, in turn, to empower our constituents.

Gaza: Humanitarian Situation

Debate between Grahame Morris and Jim Cunningham

Tuesday 26th June 2018 Westminster Hall

[Grahame Morris (Easington) (Lab)]

I beg to move,

That this House has considered the humanitarian situation in Gaza.

It is a pleasure to serve under your chairmanship for the first time, Mr Paisley. This is a DFID debate rather than a Foreign and Commonwealth Office debate, and I am glad that the Minister of State, Department for International Development, the right hon. Member for North East Bedfordshire (Alistair Burt), is present to bring his expertise to bear.

The situation for Gaza and its 1.7 million residents is appalling and inhumane, but before I turn to some of the specific concerns of the many in Gaza and the wider Palestinian community, I will briefly comment on the events of the past few months. Many hon. Members will be aware that there have been multiple protests along the border with Israel as part of the “Great March of Return”. The start marked the 70th anniversary of the exodus of as many as 750,000 Palestinians, many of whom were driven from their homes during the creation of the state of Israel in 1948. According to Medical Aid for Palestinians, approximately 14,600 people have been injured by Israeli forces, and 55% of those were hospitalised. Tragically, 118 Palestinians were killed, including 14 children. Elsewhere, including in the west bank, a further 17 Palestinians were killed during the same period, including five reportedly shot at the fence or after crossing into Israel.

In particular, I pay tribute to Razan al-Najjar, a 21-year-old volunteer for a medical team helping wounded protesters, who was shot dead near Khan Younis. Razan was fatally shot in the neck while clearly wearing a medical staff uniform. That is a war crime, as the Palestinian Health Minister, Dr Jawad Awwad, has said. Razan was brave and inspirational, and will be remembered as such, but it is our responsibility as politicians in the UK Parliament to try to ensure that those responsible are held to account for her death. Dr Andy Ferguson, who is MAP’s director of programmes and was present at Gaza’s largest hospital, Al-Shifa, on Monday 14 May, said the following about what he witnessed:

“Any hospital in the UK would be utterly overwhelmed by such a massive influx of injuries as we saw in Gaza. Amid dwindling supplies of medicines and equipment and Gaza’s chronic electricity shortages, hospitals in Gaza were in crisis even before the protests began. It is testimony to the motivation and skills of medical teams in Gaza that, despite this, hospitals were able to keep receiving, triaging, referring and treating patients—both the newly-wounded and the hospital’s standard patient workload.”

Although it is apparent that some protesters may have engaged in some form of violence, that does not justify the use of live ammunition. International law is clear: firearms can only be used to protect against an imminent threat of death or serious injury. In some instances, Israeli forces appear to have committed wilful killings, constituting war crimes.

[Mr Jim Cunningham (Coventry South) (Lab)]

My hon. Friend will recall that I asked the Minister a question —I think it was about a fortnight ago—about an inquiry into what had been happening there. That was to go to the United Nations, but when it got to the UN, the British Government sat on their hands. What does my hon. Friend think about that?

[Grahame Morris]

I am grateful for that intervention and I am pleased that the Minister is here. He has some responsibilities and I hope we will have some answers. We need to have an inquiry and to hold those responsible to account, because Israeli forces were using not only live ammunition, but high-velocity weapons in particular, causing absolute maximum harm. Another issue of concern is that the UK Government have approved more than £490 million-worth of arms exports to Israel since 2014.

Refugee Children: Family Reunion in the UK

Debate between Grahame Morris and Jim Cunningham

Thursday 22nd February 2018 Westminster Hall

[Grahame Morris]

I thank my hon. Friend for that powerful example—there are many others. The current situation, in which these families are denied access to justice, shames us. To deny children and families who have already faced immense risks and challenges the opportunity of family reunion and legal aid is an appalling indictment of the UK Government, and of us all as parliamentarians.

Legal aid, or its absence, has the power to change lives, for the better or for the worse. It has the potential to keep families together under the most trying circumstances. These restrictive rules do not just affect vulnerable people’s lives, but can make the huge difference between safety and security on one hand, and danger, war and risk to life and limb on the other. It is essential that the Minister looks at the matter.

The current situation forces many people trapped in war zones to take repeated risks to cross borders to reach British embassies. We have seen ample pictorial evidence of that. Surely it is in children’s best interests to be reunited with family members and to be given safe and legal routes to effect that family reunion, as my hon. Friend the Member for Coatbridge, Chryston and Bellshill suggested. The rules are most damaging to the most vulnerable people who are left behind in war zones, and to people who have been granted asylum but have to go through the heartbreak and trauma of not being reunited with family members.

I am proud that this country has a terrific record of helping refugees and people who come to our constituencies. Our record of welcoming refugee families and encouraging them to thrive goes back to before the second world war. Lord Dubs is a notable example.

[Mr Jim Cunningham]

If we take that a step further, when children are allowed to stop here and become teenagers, there is a problem about them getting further education, as I have said many times. This is part of a bigger problem.

[Grahame Morris]

My hon. Friend makes a fair point: delaying family reunion creates all sorts of other problems. People who arrive on our shores—who are often fleeing persecution—become valued members of our communities and often work in public service, like Lord Dubs. They set up small businesses and take on important roles in the community. They are a real asset in terms of adding value.

We must act to ensure that families can be reunited. Parliament and Government should not remain passive and allow refugee families to remain divided. I welcome my party’s recent announcement that puts the humanity of migrants and the importance of family life at the heart of our immigration policy, and our pledge to follow a humanistic approach to immigration policy. That is an expression of our very best values as a nation, and a fulfilment of our duties to the international community.

I pleased to say that I am a proud internationalist, but whether someone is an internationalist or not, they have an obligation to fight for a fairer system. I am proud that my party is championing refugees who are threatened by war, and that it is working to give vulnerable people a chance. I hope we can reform the rules, so that child refugees have a proper chance of being reunited with their families.

State Pension Age for Women

Debate between Grahame Morris and Jim Cunningham

Wednesday 5th July 2017 Westminster Hall

[Grahame Morris]

Absolutely. I am grateful for that intervention. If I may develop my argument, there clearly is an opportunity, particularly given the new parliamentary arithmetic, for the Government to do something and put right a wrong and a glaring injustice. Judging by the fact that early-day motion 63 has been signed by Members of every party, there is cross-party support for such a solution.

[Mr Jim Cunningham (Coventry South) (Lab)]

Most people would agree that it is about time the matter was resolved. In the previous Parliament, before the general election, we had a lot of debates about it. I asked the Minister then responsible to meet a delegation to discuss it, and they refused. Does my hon. Friend not think that that is a disgrace?

[Grahame Morris]

Yes, I do. I understand that any pension changes will always be difficult and contentious, but in this case there has been a clear injustice.