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

Baroness Harman Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019 Commons Chamber

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

The right hon. Member for South Holland and The Deepings (Sir John Hayes) made a wide-ranging speech, but I will address the narrower, more specific issue raised by the right hon. Members for Sutton Coldfield (Mr Mitchell) and for Haltemprice and Howden (Mr Davis) in their interventions on the Home Secretary, which is the question of immigration detention.

This Bill repeals the law relating to free movement, thereby bringing EEA nationals and their families within general immigration control and requiring them to have leave to enter and remain under the Immigration Act 1971. The Government told the 3 million EU citizens who are here:

“You are our friends, our neighbours, our colleagues. We want you to stay.”

The Government said that they only have to register, as they are existing residents. I do not doubt the Home Secretary’s sincerity on that, but it is, of course, exactly what was said to people of the Windrush generation. Everyone now acknowledges that terrible mistakes were made by the Home Office and that people who have been here for years were wrongfully detained as illegal immigrants.

If we are to subject 3 million EU citizens to our immigration system, it is right that we should now ask ourselves whether we have learned the lessons of the Windrush cases so that we do not repeat those injustices on EU citizens. We do not want the new level playing field to be a detention centre.

I have the privilege of chairing the Joint Committee on Human Rights and, following our inquiry into immigration detention, we are clear that two problems need to be addressed. The first is the lack of independence in decision making on detention, and the second is indefinite detention.

If a person is suspected of a crime, they cannot be detained by the Government; they can be detained only by the police, who are independent of Government. If the police want to continue to detain a person beyond 36 hours, they have to bring that person before a court, which is, of course, totally independent of Government.

But if the Home Office suspects a person of being in breach of our immigration laws, there is a complete absence of independence in the decision making. A civil servant—nameless, faceless and behind closed doors—just ticks a box to detain them. The first that person will know about it is when someone bangs on their door in the early hours of the morning to bundle them into an immigration enforcement van and take them to a detention centre.

With no independence in the decision making, and with no scrutiny or accountability, mistakes are inevitable. Those we get to hear about are probably only the tip of the iceberg, but we do know that £21 million was paid out by the Home Office in just five years to compensate for wrongful detention, and terrible mistakes are certainly what happened in the Windrush cases.

It is routinely said those people were unable to prove their residence here, which is not the case for the detainees we saw. We looked at their Home Office files, which the Home Secretary was good enough to release to them, and it was not that there was no evidence of their residence here. There was masses of it, including records of national insurance contributions going back to the 1970s. If there had been any independence in the decision making, these people would never have been detained, yet they were detained not once but twice. The papers in their files were ignored, and the pleas of their families were swept aside.

After the right to life, the right not to be unlawfully detained is one of the most important human rights. It should not be the case that a person has fewer protections from wrongful detention as an immigrant than they would if they had actually committed a crime. We should ensure that, in future, no one is detained unless the decision is taken independently. The Home Office should make its case, but someone independent must take the decision if a person is to be deprived of their liberty. The Joint Committee on Human Rights will table an amendment to that effect, and we hope the Government will agree to it.

Another deplorable aspect of our immigration system, to which EU citizens are now to be subject under this Bill, is that there is no time limit on detention. A person is taken from their home or workplace, and they have no idea whether they will be in the detention centre for a day, a month or a year. Evidence to the Joint Committee on Human Rights identified the indefinite nature of such detention as one of its cruellest aspects.

The criminal justice system imposes time limits at every stage, from first bringing a defendant before a magistrate to the sentence that sets out their time in prison, but the Home Office can hold a person in immigration detention indefinitely. The Joint Committee on Human Rights agrees with the right hon. Members for Sutton Coldfield and for Haltemprice and Howden, the right hon. and learned Member for Beaconsfield (Mr Grieve) and my right hon. Friends the Members for Leeds Central (Hilary Benn) and for Normanton, Pontefract and Castleford (Yvette Cooper) that there should be a time limit of 28 days on immigration detention, and the Joint Committee will table an amendment to the Bill so that if a detainee is not deported or released by then, they should be brought before a judge where the Home Office can apply for just a further 28 days. We hope the Government will accept an amendment on detention that I believe has widespread support in the House, including from the SNP—we have heard from the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), and the hon. and learned Member for Edinburgh South West (Joanna Cherry) is a leading member of our Joint Committee—and the Lib Dems, and I know the DUP has long complained about indefinite detention.

This is not a party issue. It seems to be the Home Office versus everybody else. The Labour Government should have ended the scandal of indefinite detention when we were in office, but we did not, and I am now happy to apologise for that—it is something we should have done.

[Geraint Davies]

I support my right hon. and learned Friend’s amendment, and she may be interested to know that a Swansea resident, Otis from Congo, was ripped from his bed on the Thursday before Christmas and was due to be sent back to Congo, where he had previously been tortured, on Christmas Day. He was detained for 21 days and, luckily, following our intervention he is now safe and sound back in Swansea, but does it not show that, if the system is used as it currently is, people who have a case, and who are in jeopardy if they are taken back, can be taken from their bed, kept indefinitely and then just carted away?

--- Later in debate ---

[Ms Harman]

I absolutely agree. For people who believe they have a good case, or who are here perfectly lawfully, it is a terrifying experience to be grabbed and swept away. That is not the sort of thing that should happen in this country.

[Gavin Robinson (Belfast East) (DUP)]

Building on what the right hon. and learned Lady said, I formally indicate that the DUP will give serious consideration to what I think is a positive and worthwhile proposal that will be a step forward in affording constitutional norms, which we take for granted, to those who only want to live in this country and build a life alongside us.

[Ms Harman]

I am heartened by the hon. Gentleman’s intervention, and I hope he will join us when we take up the Home Secretary’s offer to go and talk to him about how we can make progress.

[Caroline Lucas]

The right hon. and learned Lady is making a powerful case. When I finally got into Yarl’s Wood, what came over to me from my conversations with the women I met is the mental torture, the arbitrariness, of not knowing why they had been taken. Although I respect that she is trying to get a majority for a particular timeframe, which is why she has chosen the 28 days, does she agree that, if we were not trying to make that compromise, there is an argument for ending indefinite detention altogether, without any timeframe?

[Ms Harman]

But the point is that it would not be indefinite—it would be finite. It would be for up to 28 days, and then with the possibility of a further 28 days—the cap would be there, with no more days after that. Perhaps I could talk to the hon. Lady about this further.

Here in the UK we pride ourselves on our commitment to human rights, so how is it that indefinite Home Office detention has been a feature of our system for so long? I suspect one reason is that immigration detention used to be used for a very small number of people—exceptional cases. In 1993, there were only 250 detention places, and for the most part many of them were not full. Now, 27,000 people are detained every year, with 7,000 of them for more than 28 days. I am very encouraged by the Home Secretary’s offer to meet us to discuss a way forward on this. I am grateful to the Immigration Minister for the evidence she gave to the Joint Committee on Human Rights.

Unaccountable, arbitrary, indefinite detention is a human rights abuse. It is a cruel anomaly in our system, and I hope the Government will use the opportunity of this Bill to end it. They will have then done something that the last Labour Government should have done and did not, as was rightly pointed out by my right hon. Friend the shadow Home Secretary.

--- Later in debate ---

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

When I consider the whole issue of immigration in this country, the first thing that comes to mind is thwarted opportunity—squandered opportunity. I am reminded of Billy Connolly’s eulogy at Jimmy Reid’s funeral. He was talking about the conversations he used to have with Jimmy Reid, with one wonderful anecdote being about driving past a high-rise tower block. Jimmy was saying, “Think about this, Billy. When you look at all those windows, imagine that behind each of them is a world champion horse rider or a Nobel prize winning chemist. They are all there. They are all there with that potential, but they will never realise it because they have never been given the opportunity to achieve it—because society has determined from their youngest years that they will never realise their inherent potential to be as good as they can be and to realise their talents.”

That is a question of not only poverty, but our immigration system. The same dynamic plays out. Tragically, it is often a function of people in poverty finding the wrong scapegoat—the wrong enemy—for their situation. The perennial problem of labour versus capital is the root cause of many of the tensions in our society today and many that caused this country to vote to leave the EU. Unless we understand those reasons and those underlying dynamics, we will fail to address those tensions.

Before I was elected as a Member of Parliament, I had a tangential involvement with immigration in this country—many people do, as they do not have many day-to-day dealings with it—but I remember one case that came close to home. I was working in the shipyards on the Clyde, having joined after graduating from Glasgow University. My starting salary was just £24,000, which is far below the £30,000 threshold. Many people of all sorts of nationalities—Australians, Canadians and Malaysians—were graduates working in the shipyards on the Clyde. One colleague had been awarded a PhD in unmanned underwater vehicles by Queen’s University Belfast, and she was a fantastic researcher. She also happened to fall in love at the same time with a Brazilian man who lived in Dublin and was studying there. She was in the invidious position of having to choose between her career in Glasgow and getting married to her fiancé.

[Ms Harman]

She should have chosen the career. [Laughter.]

[Mr Sweeney]

Yes, perhaps she ought to have done.

The Home Office told my colleague that because her fiancé was resident in Dublin, he could not come to live with her in Glasgow. They had to move away to Brazil in order for him to apply to come to live in the UK, even though they had both been living in Ireland. What a bizarre anomaly that is! It is just one example of the absurd situation—the Kafkaesque nightmare—that many people encounter. As a result of that situation, my colleague had to go to work in Dublin. She left her job on the shipyards on the Clyde: another example of potential lost to the industry on the Clyde and to Scotland.