Home Department

James Brokenshire Excerpts

Monday 7th July 2014 Ministerial Corrections

The following is an extract from a speech given by the Minister for Security and Immigration, the hon. Member for Old Bexley and Sidcup (James Brokenshire) during the debate on Passport Office (Delays) on 10 June 2014.

[James Brokenshire]

Between 1 January and 31 May 2014, HMPO received 3.3 million applications—350,000 more than the same period last year, and the highest volume of applications received for this period over the last 12 years. Indeed, in both March and May this year, HMPO recorded the highest level of applications received in any month over the last 12 years.

[Official Report, 10 June 2014, Vol. 582, c. 523.]

Letter of correction from James Brokenshire:

An error has been identified in part of the speech I gave during the debate on Passport Office (Delays).

The correct response should have been:

[James Brokenshire]

Between 1 January and 31 May 2014, HMPO received 3.3 million applications—350,000 more than the same period last year, and the highest volume of applications received for this period over the last 12 years. Indeed, in both March and May this year, HMPO recorded the highest level of applications received in any month over the last eight years.

Passport Applications

The following are extracts from speeches made by the Secretary of State for the Home Department, the right hon. Member for Maidenhead (Mrs May) and the Minister for Security and Immigration, the hon. Member for Old Bexley and Sidcup (James Brokenshire) during the debate on Passport Applications on 18 June 2014.

[Mrs May]

I have explained that HMPO is dealing with an unprecedented surge in demand for passports. HMPO has issued 3.3 million passports in the first five months of this year, compared with 2.95 million in the same period last year.

[Official Report, 18 June 2014, Vol. 582, c. 1136.]

[Mrs May]

Her Majesty’s Passport Office has issued 3.3 million passports in the first five months of this year, compared with 2.95 million in the same period last year.

[Official Report, 18 June 2014, Vol. 582, c. 1145.]

[James Brokenshire]

Her Majesty’s Passport Office issued 3.3 million passports in the first five months of the year, compared with 2.95 million in the same period last year.

[Official Report, 18 June 2014, Vol. 582, c. 1175.]

Letters of correction from Theresa May and James Brokenshire:

Errors have been identified in part of the speeches given during the debate on Passport Applications.

The correct response should have been:

Her Majesty’s Passport Office has received 3.3 million applications for passports in the first five months of this year, compared with 2.95 million in the same period last year.

Student Visas

The following is an extract from the Statement given by the Minister for Security and Immigration, the hon. Member for Old Bexley and Sidcup (James Brokenshire) on Student Visas on 24 June 2014.

[James Brokenshire]

Overseas students at privately funded further education colleges are not allowed to work at all, yet one college—the London School of Business and Finance—has 290 foreign students who worked and paid tax last year.

[Official Report, 24 June 2014, Vol. 583, c. 207.]

Letter of correction from James Brokenshire:

An error has been identified in the statement given on 24 June 2014.

The correct statement should have been:

[James Brokenshire]

Overseas students at privately funded further education colleges are not allowed to work at all, yet one college—the London School of Business and Finance—has over 290 foreign students who worked and paid tax last year.

European Asylum Support Office

James Brokenshire Excerpts

Monday 30th June 2014 Written Statements

[The Minister for Security and Immigration (James Brokenshire)]

The European Asylum Support Office (EASO) is the agency that promotes practical co-operation on asylum between EU member states. It was established by the 2010 EASO regulation and the UK participates in it. The EASO has extended its co-operation to the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation which have now become observers at EASO through external agreements that were negotiated and adopted by the European Union. The UK opted-in to all four agreements on 3 February and two of them were adopted by the Council on 19 May.

These working arrangements will allow Iceland, Liechtenstein, Norway and Switzerland to participate in the EASO’s work and be entitled to receive support from it. All four associate countries already participate in the Dublin Regulation and contribute to its effective operation. We welcome the enhanced co-operation on asylum issues that these arrangements will bring and we look forward to their participation in future EASO initiatives.

Immigration Removals (New Restraint System)

James Brokenshire Excerpts

Thursday 26th June 2014 Written Statements

[The Minister for Security and Immigration (James Brokenshire)]

I am today announcing that I have formally approved a new restraint system for safely managing people being escorted during immigration removals.

This fulfils a commitment by this Government to provide training for escort staff that reflects the environment they work in, both in-country and overseas. The bespoke training is tailored to the experience and behaviour of detainees and staff in immigration removals and provides practical tools to de-escalate situations and minimise the use of restraint.

The new system has been assessed by the independent advisory panel for non-compliance management, chaired by Stephen Shaw. The panel was established to provide support to the National Offender Management Service in the design of the new training package to provide independent advice on the quality and safety of the new package, in particular on the use of restraint techniques.

The report by the independent advisory panel for non-compliance management is welcomed by the Government. The report recognises the balance to be struck between treating detainees with respect and minimising the need for restraint, with our responsibility to enforce immigration law, which sometimes requires the use of physical intervention.

After careful consideration of the panel’s comprehensive assessment of the quality and safety of the new system, the Government have accepted all of its recommendations.

The new training for overseas and in-country escort staff will begin implementation on 28 July 2014.

I am placing a copy of the full report of the independent advisory panel for non-compliance management and the Government’s response to the report in the Library of the House. A redacted version of the manual for escorting safely and supporting guidance will be published in due course.

Detention of Persons with Statutorily Extended Leave

James Brokenshire Excerpts

Thursday 26th June 2014 Written Statements

[The Minister for Security and Immigration (James Brokenshire)]

A removal decision under section 47 of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act) may be made in relation to any person whose leave is statutorily extended leave by virtue of either:

section 3C of the Immigration Act 1971 (the 1971 Act)—where the migrant has made an in-time application and a decision on the application is pending or an appeal against refusal has not yet been exhausted; or

section 3D of the 1971 Act—where leave has been revoked or curtailed with immediate effect and any appeal against that decision has not yet been exhausted.

The previous Government stated that migrants who had received a removal decision under section 47 of the 2006 Act could not be subject to reporting conditions or detention while they had continuing leave pending the outcome of an appeal, 29 March 2006, Official Report, column 908. In fact, schedule 2 of the 1971 Act allows their detention, and in circumstances where leave has been abused this may be appropriate.

Curtailment with immediate effect is used where the migrant has failed to comply with the conditions of their leave, or their character, conduct or associations make it undesirable to allow them to remain in the UK—for example, there is reliable evidence that they have facilitated or entered into a sham marriage or civil partnership to gain an immigration advantage. Sham marriage is known to be a significant and increasing threat to UK immigration control.

To allow robust and proportionate enforcement action against individuals who abuse the immigration system, we are changing policy in regard of persons who have statutorily extended leave under section 3D of the 1971 Act. Migrants whose leave has been revoked or curtailed with immediate effect will be liable to be detained or to report to the Home Office (depending on the individual circumstances of the case) pending their removal from the UK.

The Home Office will continue not to detain persons whose leave is extended by virtue of section 3C of the 1971 Act. In these cases, migrants have sought to regularise their stay before their leave expired and should not be subject to enforcement action before their application is finally determined. Similarly, a person whose leave is curtailed for reasons outside their control (for example, the college at which they were studying has closed down) would normally be left with some leave remaining, in order to let them find alternative provision. A removal decision would not be made with the curtailment decision and they would be unaffected by this policy change.

Al-Muhajiroun

James Brokenshire Excerpts

Thursday 26th June 2014 Written Statements

[The Minister for Security and Immigration (James Brokenshire)]

We have today laid an order under section 3(6) of the Terrorism Act 2000 which, with effect from tomorrow, will specify “Need4Khilafah”, “the Shariah Project” and “the Islamic Dawah Association” as aliases of the proscribed organisation known as al-Ghurabaa, the Saved Sect, al-Muhajiroun and Islam4UK. This organisation was proscribed in 2006 for glorifying terrorism and we are clear it should not be able to continue these activities by simply operating under alternative names.

The effect of this order is that being a member of or supporting any group operating under these names will be a criminal offence as to do so will amount to being a member of or supporting al-Ghurabaa, contrary to sections 11 and 12 of the Terrorism Act.

Migration Statistics

James Brokenshire Excerpts

Thursday 26th June 2014 Westminster Hall

[The Minister for Security and Immigration (James Brokenshire)]

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

I thank my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) for the work of his Committee and for his speech this afternoon. He advocated the points his Committee made on the quality of immigration information, as well as presenting the broader issues about immigration, its importance as an issue to the public and the occasional complexity of the debate about it. Those points were echoed in contributions by other right hon. and hon. Members, and were made clearly by my hon. Friends the Members for Isle of Wight (Mr Turner) and for Windsor (Adam Afriyie).

Immigration impacts upon every part of our lives. It is important that the debate about and Government policy on immigration are well informed—that is why I welcome the contribution from the Public Administration Committee—and migration statistics clearly play a crucial role in that, so it is right that we discuss how we can ensure that they are as accurate and as relevant as possible. I therefore express the gratitude of the Government to the Committee for both its report on migration statistics and the wide-ranging programme of work that it has undertaken recently on statistical issues more generally.

In our response to the Committee the Government welcomed many of the positive points made. It is heartening to see the Committee acknowledge the improvements since 2011 in the breadth of migration data published by the Home Office. Those improvements have also been welcomed in feedback from a wide range of users of the statistics. We agree with the recommendations on better communication of migration statistics—a complex issue that my hon. Friend the Member for Isle of Wight highlighted. Not everyone will be as familiar with the intricacies of those statistics, or where they can be found, as the hon. Members in the Chamber this afternoon. I am therefore pleased by the positive view of the Committee about the accessibility of our statistics on the new Home Office website.

[Mr Graham Brady in the Chair]

We also agree that public understanding of migration issues can be poor and that ongoing work to improve that understanding is required. I welcome the support of the Committee and everyone who has contributed to the debate this afternoon in that context. It is to improve public understanding that we work closely with the Office for National Statistics on the migration statistics quarterly report, which provides an overview of migration trends each quarter. The report details both ONS statistics and Home Office data on visas and asylum to provide the public with a coherent picture of migration. The ONS is the independent and trusted source of immigration statistics, and I am pleased with the significant steps it has taken to improve how it presents those statistics. I know many users have already commented on the improvements in its webpages about migration. Last week, the ONS launched a public consultation on further changes to the quarterly release, and I urge all those with an interest in these issues to contribute to that so that we can make further improvements.

Although the Government welcome a number of the Committee’s proposals on clearer communications, which chime well with our approach and that of the Office for National Statistics, as our response indicated we do not agree with all of the Committee’s recommendations. I will address the main points in that regard, as well as dealing with other issues that have come up during the course of the debate.

First, we do not agree that the international passenger survey is inadequate for measuring migration. The view of the independent UK Statistics Authority is that our migration statistics are the best available within the current level of resources and that the ONS has taken significant steps in recent years to ensure that the statistics are as reliable and accurate as possible. I will go on to explore that in further detail.

The issues of cost, value and expenditure have been raised this afternoon and were also highlighted during the Committee’s evidence session on this matter. It may be helpful if I provide some more context. The international passenger survey already screens close to 800,000 travellers per year to determine whether they are migrants. It has been suggested that we increase the sample size—indeed, that was suggested this afternoon. In oral evidence to the Committee the issue of quadrupling the budget for the IPS came up. At that time, both the Chair of the Committee and Guy Goodwin, the expert witness from the Office for National Statistics, agreed that that would be bad value for money.

Our current view aligns with that of the ONS: expanding the survey would be unlikely to provide value for money. However, I am conscious of the need to continue to discuss and reflect further on these issues. I note that the Prime Minister wrote to my right hon. Friend the Member for Berwick-upon-Tweed (Sir Alan Beith), Chair of both the Justice Committee and the Liaison Committee, about his recent evidence to the Liaison Committee, giving an undertaking that the Home Office would continue to discuss this issue with the ONS and would inform the Public Administration Committee of the outcome of those discussions. It is fair and appropriate that we continue the dialogue and discussion on the passenger survey and any improvements that could or should be made to it in the context of both the report’s recommendations and our proper consideration of the facts.

In that context, it is important to note that we have been sharing data from what is known as the Semaphore system, which uses advance passenger information. I draw the attention of right hon. and hon. Members to the statement released by the ONS on 13 June, in which it underlined the fact that it had received an extract of Semaphore data and set out the work it was undertaking in respect of those data. The ONS is doing further analysis of the data and will be providing further responses and updates in due course, so work is ongoing in that regard.

Alongside that, on 13 June we saw the user update on that work, and there will be further important updates at the end of the year. The ONS has committed to that, and I am happy to provide further details to the Chair of the Select Committee. I am also pleased to be able to reassure the House that the Home Office will continue to collaborate closely with the ONS in its work on this matter. I am happy to provide a further report on that work at the same time as the ONS provides its update.

[Mr Jenkin]

In my remarks, I raised the question of the 2011 study conducted by the Home Office into the expansion of the use of separate migration survey data. That would cost only £2 million, so is much better value than increasing the size of the international passenger survey. Is the Minister going to come on to that point in his remarks?

[James Brokenshire]

My hon. Friend did mention that specific aspect. The current discussions with the ONS indicate that its current approach is, rather, to look at other forms of data—other administrative data, such as those from the Department for Work and Pensions—to better inform the statistics. That is its preferred option for this type of work. I give a commitment to discuss the issues again as part of our discussions with the ONS, but that is its preferred approach instead of setting up a separate survey. I have noted the point that my hon. Friend has made, following on from the Select Committee’s recommendations, and we will check and confer with the ONS that that remains its preferred response in providing more localised data in order to inform this subject more carefully. That is certainly the feedback that we have had thus far in respect of what might be beneficial or might help to supplement the information provided by the international passenger survey.

The proposal to increase the IPS may not provide the best value for money, but that does not mean that we or the ONS are at all complacent, or that we do not recognise where improvements can be made. In that context—I think my hon. Friend the Member for Windsor advanced this point—it has been acknowledged that there were problems with the IPS’s estimates following the large surge in eastern European migrants following EU enlargement in 2004. We know that the absence of transitional controls, unlike elsewhere, in the majority view resulted in an unprecedented and surprising number of new arrivals in the years that followed. As my hon. Friend the Member for Harwich and North Essex highlighted, that significant change also surprised the statisticians. That is why the ONS has taken steps since then to address the coverage of the IPS survey. The ONS is rightly independent and I cannot speak for it, but the revised statistics it has published indicate that some of the issues have been resolved by the size of the survey and some of the specific questions that are being raised as part of its migration statistics improvement programme. The problems that the ONS found were in the survey design, and they have been addressed by recalibrating the survey’s coverage and increasing the sample size as part of that programme.

Questions have been asked about whether the figures are reliable enough for the Government to use them as a basis for our aim on net migration. I accept that any reliance on a survey to monitor a policy objective inevitably means confidence intervals in the central estimates. However, this is not a new issue. Survey estimates have been used in this way for many years to monitor Government policy and societal changes more generally. They are well-established scientific techniques used to ensure that social surveys are well designed and their estimates robust. That is why I would take the advice of the UK Statistics Authority that the central statistical estimate derived from the IPS is currently the best available estimate of net migration.

It must also be remembered that we have a lot of information on migration to monitor migration policy from a wide range of other sources that provide a clear and coherent picture of trends. That picture is reported every quarter in the ONS’s migration statistics quarterly report, and I welcome the steps that the ONS is taking to improve the way in which the data are reported and presented. Those data sources continue to be developed and improved—for example, with the release of additional information by the Home Office on certificates of acceptance of study. The new data allow the public and us to see the impact of the Government’s policies to close down bogus colleges. My hon. Friends will no doubt be aware of my most recent announcements on this issue.

As well as reporting on trends, it is important to look at the impact of migration, and we are grateful for the excellent work of the ONS, through its reports from the 2011 census and other sources, in informing the British public clearly and authoritatively about the significant changes in population that we have seen over the past decade and the impact of migration on the make-up of the population in the UK.

[Adam Afriyie]

I appreciate some of the assurances the Minister is giving. General key concerns are whether the changes to which he is referring—I appreciate that they are not all in place—will mitigate the criticisms or observations by the Royal Statistical Society and the Oxford migration observatory that, with the present statistics and information, we cannot at the moment work out reliably people’s source country or changes in the migratory patterns from individual source countries in the EU or elsewhere, or the impact on specific regions in the United Kingdom. Is he satisfied that with the changes being made those concerns will be mitigated?

[James Brokenshire]

I will come to exit checks. The way in which advance passenger information data can be used to supplement and for support is important and I will address that directly. I highlight the fact that there are other sources of data. My hon. Friend may be aware of the workforce data survey and the use of the statistics for national insurance registrations. The IPS itself highlights and provides data in its reports and analysis in respect of different countries and provides separate analyses of where those flows come from, such as net migration from outside and from within the EU, and it produces the graphs that my hon. Friend has no doubt seen, tracking those back over 30 years. It gives a sense of long-term trends; it is important to understand where there may be growth in particular areas and what that might mean in terms of informing policy.

It is important to recognise some of the excellent and innovative research and analysis that has increased our knowledge of migration—for example, the migrant journey reports, the report on the social and public service impact of migration, and the recent report on labour market changes. All that work is critical in helping us to understand and appreciate the impact of migration on our country.

I highlighted the 2011 census, which provides extremely valuable data that has captured a much broader range of information on migrants than any census previously. The new census questions on the passports that people hold and the length of time they have lived in the UK recognise the strong public concerns about immigration. We welcome that new statistical resource, which will go some way to meeting the Committee’s recommendation, but I will come to further refinements.

The Home Office has commissioned additional data to inform our understanding, such as a new question on emigration in the international passenger survey, the first results from which are now in the public domain, and a new question for the labour force survey on why foreign respondents had originally come to the UK. The breadth and depth of that work reinforces the fact that no single data source can provide a comprehensive picture of migration. That is why I also welcome the work in the UK statistical system to develop and enhance the range of sources, which together mean that we have a picture of migration that I believe is as good as that available to any other country across the globe.

I noted what the shadow Minister said about filling out the ESTA form and how that might be used. It is interesting to note that the US uses population surveys, not the ESTA system, to measure migration. It is important to recognise the interrelationship between the two, and that in some respects the information from e-Borders may help to supplement, but not replace, other information.

[Mr Hanson]

The point I was making about the ESTA system was that—unlike, potentially, our visa system—the Americans would know when and whether I had left the country.

[James Brokenshire]

The right hon. Gentleman draws me on to the e-Borders system and its programme. We hear the point that the Committee has made in respect of that. While valuable, the border systems data are, in our judgment, not the right way to measure immigration flows, for which we believe that well-designed surveys are more appropriate. The data do not capture passengers’ onward travel plans or duration of stay, so they could not be directly used to measure long-term international migration. Rather, they are designed to alert us to passengers of interest leaving and entering the country, so that we can strengthen security and immigration controls. They allow law enforcement partners to target and monitor those seeking to travel to and from the UK who might harm this country’s interests—the point my hon. Friend the Member for Windsor highlighted. They are an extremely valuable tool; indeed, since 2010 our border systems have issued alerts resulting in more than 13,300 arrests, including 60 for murder, 59 for kidnap and 167 for rape.

I therefore understand why the Committee took the view that border systems data might entirely replace the IPS. However, that is at odds with the statistical advice we have received and the evidence that academic experts provided to the Committee. None the less, it is important to see how the information can be used to interpret what is happening. That is why it is important to share Semaphore data with the ONS, so that the ONS can carry out further analysis.

I want to come back on some of the points made about exit checks. The Home Office is on track to meet by April 2015 the commitment to introduce exit checks on those who leave the UK via scheduled international air, sea and rail services. Exit check capability will be founded on advance passenger information, supplemented by embarkation checks at ports, where necessary. That will further bolster border security.

Exit checks will also identify individuals who are wanted by the police, who pose security, immigration or customs threats, or who fail to comply with the conditions of their visas. It is important that checks are used in that way. We have introduced a power in the Immigration Act 2014 to enable those already involved in outbound passenger processes—for example, the staff of airlines, other carriers and port operators, as well as others—to integrate embarkation checks with existing processes where necessary. There is also a power to compel them to do so, if necessary.

[Mr Hanson]

Will the Minister say what the position is on non-scheduled traffic—in particular, private flights and through small airfields and small ports? I have tested him on those issues in parliamentary questions and have had no reply as yet, although that is for reasons of national security, which I understand.

[James Brokenshire]

The right hon. Gentleman will be aware that Border Force, which is led by Sir Charles Montgomery, takes the issue of small airfields and the maritime arena very seriously. Indeed, those flying in or out of airfields must provide various reports, and that is monitored to ensure there is a focus on border security. We are focused on all those issues, and Border Force is attentive to those arrangements, as well as to broader approaches and the advance passenger information provided in respect of existing scheduled airlines and other forms of transport.

I want to come back to some of the accusations the right hon. Gentleman made, which may be founded on a reading of press reports following the appearance of the director general of Border Force at the Home Affairs Committee in March 2014. Sir Charles Montgomery wrote to the Committee to explain that the reporting in the media was “factually incorrect”. He said that the work of the e-Borders programme

“has been incorporated within the…Border Systems Programme”.

None of this work has been suspended; indeed the pace of development has quickened. The Home Office remains committed to delivering exit checks by 2015. It was never the intention of the e-Borders programme, as now incorporated in the border systems programme, to deliver a direct measure of net migration.

As a Government, we must decide what is feasible, taking account of expert evidence. The reasons why we will not be able to rely on the border systems data to measure international migration were set out in the UK Statistics Authority and Government responses to the Public Administration Committee’s report. I will not repeat all those points here, but we hold detailed information on those passengers required to apply for a visa. However, Home Office systems do not require information from those travelling from other EU countries. There is, therefore, a limit to what visa data provide.

Borders system data collect information on an individual’s travel documents, so one might imagine that one could track travel movements over time to identify the proportion of migrants. However, Professor Salt, who provided expert witness evidence to the Committee, alluded to the fact that this is not a simple matter. Difficulties associated with dual nationality, lost and renewed passports and changes of name preclude the possibility of producing statistically reliable estimates of migration flows. That means the data do not meet the very fine tolerances that would be required for a reliable statistical estimation of migration.

As I mentioned, that does not mean that data cannot be used to identify individuals of interest for valuable operational purposes. The ONS also believes there are significant benefits in using the border systems data, which will help to improve IPS weighting methodology and the identification of the main flows into and out of the UK. That will significantly enhance the degree to which we can rely on the IPS, but it does not imply that we can replace the IPS completely.

The new exit checks system, which will be introduced by April next year, will give us, for the first time, a more complete picture of those leaving the UK. The system will improve our ability to take appropriate enforcement action against those who have potentially overstayed or are abusing the UK’s health and welfare systems. However, it will not, on its own, provide a replacement for the comprehensive estimates of the number of migrants arriving in and leaving the country.

That said, the Government acknowledge the importance of the debate. That is why we will keep under review the arrangements for collecting statistics in this vital policy area. Only by ensuring that policy making and public debate are as well informed as possible can we continue to build on the successes we have already achieved. I very much welcome the contribution the Committee has made. I also welcome the contributions that right hon. and hon. Members have made this afternoon. We will keep the issue under close focus, given the importance of reliable statistics and the faith and trust that the public put in them. That will inform the important debate on immigration into this country, as well as Government policy on this essential issue.

Student Visas

James Brokenshire Excerpts

Tuesday 24th June 2014 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

With permission, Mr Speaker, I should like to make a statement on student visas.

Since the last election, the Government have taken action across the board to reduce and control immigration. We have introduced a cap on economic migration from outside the European Union, we have reformed the family visa system, and we have eliminated much of the abuse of the student visa system we saw under the last Government. The result is that net migration from outside the EU is close to its lowest levels since the late 1990s, while net migration is down by a third since its peak under Labour.

The Government have always said that, even in the light of the reforms we have introduced, we need to keep each of the main immigration routes to Britain under review, we need to remain vigilant against abuse of the student visa system, and education providers need to meet their responsibilities. That is why I can tell the House that since the start of February immigration enforcement officers, with the support of the National Crime Agency together with officials from UK Visas and Immigration, have been conducting a detailed and wide-ranging investigation into actions by organised criminals to falsify English language tests for student visa applicants. They have also investigated a number of colleges and universities for their failure to make sure that the foreign students they have sponsored meet the standards set out in the immigration rules.

Since the reforms we introduced in 2011, it has been a requirement for all student visa applicants to prove they can speak English at an appropriate level. All students in further education or at a university that relies on English language testing who want to extend their stay by applying for a new student visa have to be tested by one of five companies licensed by the Government. One of those companies, the European subsidiary of an American firm called Educational Testing Service, was exposed by the BBC’s “Panorama” programme earlier this year following systematic cheating at a number of its UK test centres. Facilitated by organised criminals, this typically involved invigilators supplying, even reading out, answers to whole exam rooms, or gangs of impostors being allowed to step into the exam candidates’ places to sit the test. Evidently, this could happen only with considerable collusion by the test centres concerned. Having been provided with analysis from the American arm of ETS for a number of ETS test centres in the UK operating in 2012 and 2013, it has identified more than 29,000 invalid results and more than 19,000 questionable results. As it still has to receive test analyses from ETS for other testing centres it operated in the UK, it is likely that the true totals will be higher.

Officials from immigration enforcement and UK Visas and Immigration have not found evidence to suggest there is systematic cheating taking place in the tests carried out by the other providers.

As soon as the allegations of systematic cheating were first made, we suspended ETS testing in the UK, put a hold on all immigration applications from those in the UK using an ETS test certificate, and made all applications from overseas subject to interview by UK Visas and Immigration staff. In April ETS’s licence to conduct tests for immigration purposes ended, and two weeks ago we formally removed the company as a test provider in the immigration rules.

Because of the organised criminality that lies behind the falsified tests, the National Crime Agency has been brought in to work alongside immigration enforcement officers to pursue criminal action against the perpetrators. Immigration enforcement has begun work to identify anybody who is in the country illegally as a result of the falsified tests so that they can be removed. Her Majesty’s Revenue and Customs is also helping the investigation by scrutinising pay and tax records. A criminal investigation has been launched into the role of ETS Global Ltd. More generally, immigration enforcement is working to identify, pursue, and prosecute those involved in facilitating this activity, and to investigate links to wider organised crime. Arrests have been made, and I expect more will follow.

I should make it clear that proof that a visa applicant can speak English is only one test for somebody seeking to study in Britain. Other requirements include proof of academic qualifications, attendance at college or university, and compliance with the immigration rules, and if these student visa applicants had to cheat to pass an English language test, it is highly doubtful that many of the colleges, and some universities, that sponsored them in numbers were fulfilling their duties as “highly trusted sponsors”.

As I said earlier in my statement, UKVI and immigration enforcement officers have been investigating many of these colleges and universities because of wider concerns about their conduct. The evidence they have provided of what is going on in these institutions is cause for serious concern. The work undertaken by HMRC has identified a number of overseas university students earning more than £20,000 a year, despite the rule that they must not work more than 20 hours per week during term time. Overseas students at privately funded further education colleges are not allowed to work at all, yet one college—the London School of Business and Finance—has 290 foreign students who worked and paid tax last year.[Official Report, 7 July 2014, Vol. 584, c. 2MC.] One university student identified by HMRC had been working a 60-hour week for six months.

UKVI identified people allegedly studying in London, while their home addresses were registered as restaurants as far away as Ipswich and Chichester. Students sponsored by Glyndwr university so far identified with invalid test results provided by ETS number more than 230, rising to more than 350 if the scores counted as questionable are added. The comparable figures for the university of West London are over 210 sponsored students with invalid scores, rising to over 290 when questionable scores are included.

At certain private further education colleges, as many as three quarters of the file checks completed by UKVI officers were a cause for concern. At one college, a staff member told UKVI officers that they were not encouraged to report students’ absence or failure because doing so would reduce the college’s income and jeopardise its right to sponsor foreign students. The Government are not prepared to tolerate this abuse, so I can tell the House that this morning the Home Office suspended the highly trusted sponsor status—that is, the right to sponsor foreign students—of Glyndwr university. In addition, we have suspended the licences of 57 private further education colleges, a list of which I will place in the Library of the House. We have told a further two universities—the universities of Bedfordshire and of West London—that they are no longer allowed to sponsor new students pending further investigations, which will decide whether they too should be suspended.

Other universities are involved in the continuing investigation, and further action may follow, although because of the steps they have already taken to improve their processes, including voluntarily ceasing overseas recruitment to London sub-campuses, we will not at this stage remove their right to sponsor foreign students. Because much of the worst abuse we have uncovered seems to be taking place at London sub-campuses of universities based in other parts of the country, the Quality Assurance Agency for Higher Education will examine these London campuses to see whether further action should be taken against their parent universities.

The Government do not take such action lightly, but we are clear that this kind of irresponsibility cannot go without serious sanction. We have already removed some 750 bogus colleges from the list of those entitled to bring foreign students to Britain, and of these, almost 400, we now know, were linked to those who obtained invalid ETS certificates. We have tightened up the rules for individual students. We have reduced the level of immigration to Britain in part by cutting out abuse in the student visa system. But we have always said we must remain vigilant against abuse. The steps I have outlined today show that we will not hesitate to take firm action against those—students, colleges and universities—who do not abide by their legal responsibilities, and we will resolutely pursue organised criminality to bring those responsible to justice. I commend this statement to the House.

[Mr David Hanson (Delyn) (Lab)]

I thank the Minister for his usual courtesy in giving me advance notice of the statement, which is an astounding statement of systematic abuse on this Government’s watch. They said, no more bogus colleges; instead, we now have the major abuse of bogus certificates again being issued. As the Minister said, in February 2014 the Home Office announced that it had acted by suspending language tests run by ETS following an investigation by “Panorama”. The scale of the abuse—involving a minimum of some 48,000 students —is truly shocking and leaves open the question why it took the BBC, rather than the Minister’s own Department, to find the problem. Did the Minister or the Home Office know of this problem prior to the BBC reporting it, if not why not, and what checks did the Minister or his Department undertake?

It is clearly an abuse for language tests set by ETS to be taken by fake sitters, one that damages the integrity of the whole system. It is clearly right that the Minister has, finally, taken action today, and that criminal investigations are being pursued. Controlled migration and tackling bogus colleges are vital in protecting UK borders and stopping this exploitation. Indeed, that is why the previous Labour Government closed 140 colleges between April 2009 and January 2010.

However, my constituents and those of other Members will be outraged, and rightly so, by the news today that 48,000 people have fraudulently obtained language certificates, despite being unable to speak English, on this Government’s watch. There are a number of unanswered questions the Minister has not touched on that need further explanation. How many of these students are still in the United Kingdom? Does the Minister know where these 48,000 students are? Does he have addresses for them, and will he co-operate with the university sector and other sectors to ensure that we know where these individuals are, and take action? What steps is he taking to meet universities and colleges such as Glyndwr university, close to my own patch, to ensure that we rectify this problem as a matter of urgency?

Let us be clear: this Government’s failings are of their own making. They have been in office for four years. This is a scheme they established themselves, and this is a border crisis on the Home Secretary and the Minister’s watch. This is a Conservative-led coalition failure on immigration. The Government were warned about student visitor visas, which have increased from 38,000 under the last Government to 77,000 in the last 12 months. There are fewer checks and there is more scope for abuse.

This issue has been flagged up by John Vine, the independent chief inspector of borders and immigration. In November 2012, he said that the Government were clearly failing to follow up on notifications of potential bogus students and that at the time of his inspection there was a backlog—or should we now, following the passport crisis, call it “work in progress”?—of some 153,000 such notifications without action being taken. What action is the Minister taking today to meet the obligations set out by Mr Vine in his November 2012 report regarding the backlog of notifications of bogus students? What steps is he taking to rescind the certificates, and on the fake students and their surrogates?

The UK remains a key destination for international students. The UK market in international students is worth £8 billion, and has the potential to rise to £25 billion by 2025. However, the Government are failing to follow up with sufficient energy the notifications of bogus students, they did not take action on this issue when they knew about it, and they are now putting in place measures to slow down visa applications. At a time when the Minister is missing the net migration target that he himself set, he is now failing on the integrity of the system. He needs to restore that integrity today as a matter of urgency.

[James Brokenshire]

Listening to the shadow Immigration Minister, one might be forgiven for thinking that Labour believed in controlled immigration, but let us remember some of the facts about Labour’s record: record net migration of 2.5 million; hundreds of bogus colleges selling immigration, not education; students turning up at Heathrow unable to answer questions in English or even to explain what their course was about; and supposedly highly skilled immigrants working as security guards.

I hear what the shadow Immigration Minister has said, but Labour did nothing to tighten up the system, and it has fallen to this Government to introduce further stringent measures. It appears that, despite all that—despite the serious issues highlighted in my statement today— Labour now want to introduce blunt targets to increase international student numbers. Indeed, I think the shadow Immigration Minister wants to take students out of the net migration numbers altogether. We will take no lectures from the Labour party about immigration and controlling the issuing of student visas.

The shadow Immigration Minister managed to ask some serious questions, and I will address them now. On the investigations that have taken place, I can say that we have taken significant steps to follow through on identifying, locating and removing those responsible. Hundreds of visits have already been conducted and removals have begun. The criminal investigation is ongoing, and he will understand that I cannot comment further on those cases.

We are taking steps in relation to Glyndwr, and have suspended its highly trusted sponsor status. We are keen to provide support for genuine students whose institutions are affected by this. From today, there is a designated student helpline available specifically for all students at the affected institutions. Dedicated staff will take calls on the helpline to ensure that students have an avenue for their questions to be answered and their concerns alleviated.

We are also setting up a working group with relevant education establishments, including Universities UK—[Interruption.] I am sorry, but the Opposition do not seem to care about what is happening to the students who are involved in this. They might want to listen. We are setting up a working group with Universities UK, the UK Council for International Student Affairs, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales, the Scottish Funding Council and the National Union of Students to enable the sector to support those genuine students who may eventually need to find a sponsor.

The right hon. Gentleman tried to make his general point about university applications, but the truth is that, while we have cut out much of the abuse in the student visa system, the number of overseas applications to study at British universities is up by 17% since the election, and that figure is based on genuine students. We are attracting the brightest and the best while, at the same time, resolutely focusing on ensuring that those who should not be here are stopped.

I was struck by what the right hon. Gentleman said about the immigration system not working, but I have to tell him—as we have done many times before—that it will take years to fix fully the system that we inherited from his party. We are making the difference. As the former UK Border Agency chief executive, Rob Whiteman, said last week, the agency that Labour set up was never going to work and it was right of this Government to break it into smaller pieces, because staff and managers can now get on with trying to put it right. If the right hon. Gentleman does not want to listen to Rob Whiteman, he could listen to the shadow Business Secretary who said that when he used to work in his predecessor’s surgeries, he could see how chaotic the UKBA was. “Hands up,” he said, “That was under my Government.”

All the facts I have outlined today are a direct legacy of the Labour party. A significant proportion of the students who have been caught cheating came to this country through a student visa system created by Labour. Under the previous Government, bogus colleges flourished, student visas were used for economic immigration and students did not even need to prove that they could speak English. The Government are focused on controlling immigration. Sadly, the Opposition still do not get it; it is as simple as that.

[Mr Mark Harper (Forest of Dean) (Con)]

I normally have great respect for the shadow Immigration Minister, but his tone today was not right. When this Government came to power, they had to deal with a legacy of hundreds of thousands of bogus students coming to this country. I commend my hon. Friend for the firm steps he has taken to root out abuse and to work with the sector to protect the genuine universities, higher education institutions and the genuine students and this valuable industry. He should carry on that work and not listen to the Opposition party.

[James Brokenshire]

I am grateful to my hon. Friend for his support. He is right that we are focused on a system that attracts the brightest and the best to this country while rooting out abuse. The step that this Government have already taken in closing down 750 bogus colleges is striking, and there is more work to do. That is what we are focused on delivering.

[Keith Vaz (Leicester East) (Lab)]

This is a shocking report. I welcome all the steps taken by the Minister to try to get to the root of what has happened. We are of course grateful to the BBC for the investigation it conducted. However, the Home Affairs Committee has been saying for years to successive Governments that there should be 100% unannounced inspections of these colleges, some of which have been fostering a climate of deceit. At the moment, the last report suggests that only 37% were unannounced. Secondly, we must have face-to-face interviews with people abroad before they come to the United Kingdom. If that was done, the bogus students would never get here in the first place.

[James Brokenshire]

I am grateful to the Chair of the Home Affairs Committee for his comments. He is right about the issue of interviewing those who are intending to come to this country to take up student positions through the student visa system. In the past year, we have conducted 100,000 interviews to root out abuse, identify those who do not necessarily have the language skills and provide that extra check. In respect of the continuing providers, we have stepped up announced and unannounced visits to check what services they are providing, and we are considering further what steps may need to be taken in relation to any re-procurement of the services to place safety and security right at the heart of the system.

[Dr Julian Huppert (Cambridge) (LD)]

Abuse is clearly unacceptable, and the Minister is right to be firm on those who cheat their way in, and on those organisations that actively help people to defraud the system. But we must not forget that around the world people are listening to the tenor of the debate here and the rhetoric that is used. Will the Minister make it clear, both now and in the future, that we still welcome bona fide students and that we are still open for business and will not take action against universities unless there is evidence that they are complicit in some of this fraud?

[James Brokenshire]

As I said in my statement, we have not taken this action lightly, and it has been based on visits to the various institutions and a detailed examination of the evidence before us. We seek to attract the brightest and the best, but my hon. Friend should be aware that applications from students sponsored by universities rose by 7% in the year to March 2014 and applications from students going to Russell Group universities by 11%. It is right that we focus on preventing abuse and that we have a rigorous system that seeks to attract genuine students to this country while ensuring that those who should not be here are rooted out.

[Mr Frank Field (Birkenhead) (Lab)]

I thank the Minister for his statement and ask him to share his thoughts on abuse that is occurring by those graduates who break their visa conditions by staying here after they should have left. Is he aware that a number of universities have difficulties over some students—presumably they can speak English—who do not pay their bills at the end of their courses? Those universities do not now award their degrees until the bills are paid. Might he not enter negotiations with the universities to consider that they should also have the responsibility of seeing that students go back home, according to their visa conditions, that degrees will not be awarded until those students are back home, and that the number of visas they can have, which could then be unlimited, will be linked to the numbers who actually return home?

[James Brokenshire]

The right hon. Gentleman makes an important point about the responsibilities of the academic institutions as part of the immigration system. They should ensure that students are attending and that they hold the right information in respect of them. We are seeking to work with the university of Portsmouth and others on the process that we need to put in place to ensure that students leave at the end of their course. It is right to underscore the role that the institutions have and the responsibilities that they hold in accommodating foreign students.

[Alistair Burt (North East Bedfordshire) (Con)]

I share the view of colleagues that the Opposition’s failure either to understand their role in what has happened or even to acknowledge it is one of the things likely to weigh heavily in the minds of the public as we run towards next May. In particular, on attracting the brightest and the best, will my hon. Friend look carefully at some of the problems raised by Gulf states that are looking for more sponsorship for specialist applications in science, engineering and medicine and at the fact that the visa restriction is quite heavy in relation to them? Will he also look carefully at any evidence presented, because those students represent an advantage to this country and to the states that they come from?

[James Brokenshire]

My right hon. Friend underlines again the need for the Government to continue to focus on the problems that we were left by the previous Government. Their lack of appreciation of the scale of what they handed on is striking. He makes some important points about the some of the detailed applications and courses. I will, of course, look at any representations that he may wish to make on the nature of the points that he has raised, particularly in medicine.

[Mr David Lammy (Tottenham) (Lab)]

UK universities contribute 2.8% to our GDP. The last time we had concerns about student visas, just one university in London was involved. This involves many colleges and universities. How long will this continue? As it continues, students from countries around the world who are contemplating coming to England will decide to go elsewhere. The Minister mentions hundreds of visits: 48,000 people are out there who should not be. Can he give us some time scales, please?

[James Brokenshire]

I appreciate the right hon. Gentleman’s knowledge of the university sector. This will take time to work through on the evidence and information available. It is right that meticulous work is conducted by our immigration enforcement officers to pursue their leads and lines of inquiry, where students who have relied on bogus certificates have sought to go on to university or college studies. I should like to reassure him of the Government’s commitment to supporting the whole universities sector. Indeed, I have had conversations with Universities UK and the Russell Group more generally on the excellent work that many of our universities do. They are world leading, and we should be proud of what they achieve and their ability to attract genuine students from overseas. We support that, but clearly we will rigorously focus on the abuse. I will certainly provide regular updates to the House on progress with the work to remove students and on further information that we may receive from ETS, as it continues to analyse its results from other centres.

[Angie Bray (Ealing Central and Acton) (Con)]

I totally support this statement. Of course, all colleges and universities must fulfil all their legal responsibilities when they sponsor students from abroad. The university of West London plays an important role in the local community in Ealing, as well as in the wider world of higher education, so can my hon. Friend provide some reassurance that, where investigations have to continue, they will be conducted speedily, so that we can get a speedy resolution and, we hope, get that university back on track?

[James Brokenshire]

I assure my hon. Friend that discussions are ongoing with each institution that has been affected by my announcement. I recognise the desire to gain certainty and, indeed, for the measures and steps that those institutions are taking to put right abuses and to put their systems in place. This is something for those institutions, for the community and for genuine students who may be affected. That is why I made the points about the support that is being provided to them. I am conscious of the impact on them, too.

[Emily Thornberry (Islington South and Finsbury) (Lab)]

I share the concern expressed across the House about the abuse and about the fact that the Home Office seems to be relying on the BBC to undercover it. May I raise a case with the hon. Gentleman that I have raised with his boss? I have yet to receive the courtesy of a reply. St Mary Magdalene academy is a very ambitious school, with a big sixth-form centre. It teaches Mandarin. It wants to run an exchange programme with Chinese students from Peking. It has applied to have 10 students come over. It will not charge them. It hopes to have a reciprocal arrangement. It expects these kids to bring language skills and an attitude that will really help inner-city children. The opportunity that those inner-city children will have to go to Peking will be extraordinary. The fly in the ointment is the Home Office, which has not allowed them to have the visa. Will the hon. Gentleman please deal with this matter now?

[James Brokenshire]

There is the student visitor route, which is separate from the normal student visa route that applies for universities and further education colleges. I am, of course, happy to look into the specific case that the hon. Lady highlights. I am not familiar with the detail, as I hope she appreciates, but I am happy to look into the matter, if she can give me some more information, and to consider what might be appropriate.

[Mr Nick Gibb (Bognor Regis and Littlehampton) (Con)]

Is not ETS the same company that grossly mismanaged the standard assessment tests in primary schools in 2008? If so, why was it originally given the contract in 2008 to test English language competencies? Will the Minister initiate a check across Whitehall to review any other ETS contracts with Departments?

[James Brokenshire]

ETS was a supplier and provider of services to the last Government and checks were undertaken in respect of the award of the contract, but I can give my hon. Friend a further assurance about work that we have commissioned to review all the suppliers of English language testing services. A review is being undertaken by the independent auditor Moore Stephens LLP, which is due to report next month. Additionally, it has been asked to undertake a wider review of other contractual or licence arrangements, including those relating to language testing services on which immigration, citizenship or other entitlements rely. We are focused on ensuring that there is such testing and audit across the board to give assurance internally and externally about the processes in operation and, indeed, to enable us to reflect further about contracts that might be awarded.

[Ian Lucas (Wrexham) (Lab)]

This is a very grave statement for Glyndwr university and for Wrexham. Will the Minister please clarify whether the withdrawal of status that he refers to applies to the whole university or only to its London campus? What discussions has he had with the Welsh Government, who are, of course, responsible for that devolved institution?

[James Brokenshire]

The suspension applies to Glyndwr as a whole. It is a suspension, not a revocation, but its ability to take on new foreign students is stopped. There is the potential to move to revocation if it is unable to demonstrate that it has put in place systems and processes to guard the immigration system as a whole. We have had discussions with Glyndwr for some time about the investigations and the audit of its records. We will continue to do so, and we will engage with other relevant partners, including the Welsh Government, as necessary.

[Alok Sharma (Reading West) (Con)]

I of course welcome all that the Government are doing to clamp down on bogus colleges and bogus students. Certainly, we do not need to take any lecture from the Labour party on controlling our borders. I welcome the Minister’s confirmation that the UK is open to genuine students and that there are no limits. Will he ensure that that message is delivered in some of the key markets from which students travel to the UK, because this is an important industry for us and one that is clearly growing?

[James Brokenshire]

Absolutely. I can certainly confirm that to my hon. Friend. He makes a number of important points about presentation and how others seek to present a false picture of our immigration system and the important requirements that we have. We can puncture some of the myths that are perpetrated overseas. Ministers visiting those key countries seek to underline that, but we have firm processes and procedures in the visa system for a purpose—to prevent abuse—and that is why steps such as interviews are important safeguards against those who are not legitimate, who are not genuine and who seek to abuse our hospitality.

[Paul Blomfield (Sheffield Central) (Lab)]

We clearly all welcome the action against bogus colleges taken by this Government and their predecessor, but is the Minister concerned that, contrary to the Prime Minister’s declared objective to increase international student numbers, for the first time in 29 years bona fide international student numbers are falling and our competitors are benefiting? When will the Minister listen to the recommendations of seven Select Committees of this House and the other place on the action needed to restore our competitive advantage?

[James Brokenshire]

The latest report from the Higher Education Funding Council for England, published on 10 April, shows a 3% increase in the number of undergraduate entrants between 2012-13 and 2013-14, a 1% increase in postgraduate course entrants and a 5% increase in postgraduate research entrants. We are focusing on ensuring that genuine students are attracted to the UK for study and that we continue to attract the brightest and the best, but it is important also to focus on the substance of what I have said—on ensuring that we are rigorous in our approach to those who seek to exploit our system. I know of the hon. Gentleman’s personal interest in the matter, and I respect his point, but his party appears to want to set an arbitrary growth target, which only risks further abuse.

[Mr David Ruffley (Bury St Edmunds) (Con)]

I congratulate the Minister on an excellent and robust statement that will not spoil the export market for higher education but will ensure its integrity. What additional sanctions, other than suspension or revocation of the special sponsor status, can be deployed against the minority of higher education institutions that have behaved wrongfully?

[James Brokenshire]

As I have indicated to the House, we have taken firm and decisive action in relation to a number of the institutions involved. I want to underline the point about responsibility. Many, many universities and academic institutions take their responsibility incredibly seriously. They do the work; they perform the checks, and they keep their records appropriately. The issue is those that do not, and it is right for the Government to take appropriate action in those cases, including referral to regulators, which will also help to ensure that academic standards at those institutions are raised.

[Pete Wishart (Perth and North Perthshire) (SNP)]

I know that for this Government it is all about numbers, and about tracking down all these bogus students, but will they not listen to bodies such as Universities Scotland which are telling them, month after month, about the damage being done to universities in Scotland and the perception that it creates for overseas students, who have options and are using them? What is the point of educating overseas students to such a high standard in our Scottish universities, only to kick them out when they could make such a valuable contribution to our economy and they are welcome in our nation?

[James Brokenshire]

I say very clearly to the hon. Gentleman that the point of having a student visa is to study, not automatically to work. The problem is that, too often, people were abusing the student visa system simply to work, not to study, gain an education and make the contribution that he desires. There are postgraduate routes to remain here and study. We need a robust measure to ensure that our systems are not abused. It is the conflation of university education with an automatic right to work that lies behind the mistakes of the Labour Government and the abuses that we are dealing with.

[Chloe Smith (Norwich North) (Con)]

I welcome the balance that my hon. Friend showed in his statement. The number of colleges whose licence is being suspended appears to me to be a small proportion of the overall total. Will the QAA examine all London sub-campuses of universities, such as that of UEA London, to see whether further action should be taken, or does my hon. Friend have specific ones in his sights?

[James Brokenshire]

We are speaking to the QAA, as I said in my statement. London campuses have been highlighted, so we have asked the QAA to look at the matter in broad terms to give reassurance. It is important that we do so.

[Huw Irranca-Davies (Ogmore) (Lab)]

With 48,000 students and scores of institutions affected, this is criminality on a truly industrial scale. I was not clear about the Minister’s response to my right hon. Friend the Member for Delyn (Mr Hanson), so although we welcome the package of stringent measures that he has announced today, can I ask him at what point he and his Department were aware of the issue, bearing in mind the earlier warning signs, and whether the measures have been taken as a response to what we saw in the programme or whether they were already under consideration by his Department? I saw the programme, and I was appalled by the blatant and widespread criminality that was going on.

[James Brokenshire]

Action has been taken against colleges that were not meeting their standards. I referred to a number of 400. It has become clear that there was a link to the ETS tests, and we are now able to see the issue from a different perspective. The abuse that was uncovered by the “Panorama” programme provided a different angle, on another route of abuse, which is why we have carefully and rigorously been pursuing all lines of inquiry arising from that—with ETS on validating its data and by looking at the colleges themselves, where further issues had been highlighted. It is right and proper that we have done so, and we will continue to do so in the weeks and months ahead, as further information comes to light and we pursue outstanding lines of inquiry, including the criminal investigation.

[Mr Philip Hollobone (Kettering) (Con)]

I welcome the Minister’s clampdown on the scandal of student visa abuse. Will he name the six countries from which most of the students have come, and will he call the ambassadors from those countries into his office to make it clear to those countries how seriously Her Majesty’s Government takes this issue and ask them what they will do to help the Government combat the problem?

[James Brokenshire]

The primary issue is to ensure that there are rigorous measures in place for new applicants coming to this country, with interviews supporting the testing regime, so that we have an additional step to give a sense of reassurance. The point at issue is the student visa system created by the previous Labour Government, and the fact that a number of people who have been identified as being caught up in that sit on the Labour Benches means that a great deal of the responsibility lies there.

[Jim Shannon (Strangford) (DUP)]

I welcome the Minister’s statement. Education visas are worth £10 billion to the economy, and we need to retain that contribution. However, Migration Watch UK says that up to 60% of students do not return to their own country when their visa expires. In 2012 the number was 50,000. What action is the Department taking to deal with those students who seem, at least on paper, to go missing? What contact does he have with the devolved Assemblies, particularly the Northern Ireland Assembly, to address the issue?

[James Brokenshire]

One step that we have taken is to create Immigration Enforcement as a separate command within the Home Office, to have that rigorous focus on pursuing those who should not be here. We are also working with the university sector to see how it can continue to play its part in ensuring that students leave at the end of their studies. We will, as part of that, have discussions with the devolved Administrations and others to ensure that we continue the work and have the rigorous system that we all want.

[Mr Julian Brazier (Canterbury) (Con)]

I am proud to represent the university of Kent, Christchurch university and the university for the Creative Arts, with more than 30,000 students in my constituency. I strongly welcome the firm action that my hon. Friend is taking, and I commend to him the point made by the right hon. Member for Birkenhead (Mr Field). It would be helpful if, in our longer term deliberations, we could have detailed figures as to the proportion of students coming to this country to study who return to their own country at the end of that study.

[James Brokenshire]

My hon. Friend makes an important point about the responsibilities that universities and other academic institutions have within the immigration system. Many of them take those responsibilities very seriously indeed and I commend them for their work. My hon. Friend highlights the need for rigour within the system and the need to ensure that people rightly play their part, and that is what the Government are committed to achieving.

[Simon Kirby (Brighton, Kemptown) (Con)]

Foreign students are important to the economy of Brighton and Hove. Will my hon. Friend join me in thanking those universities and colleges that have done the right thing, put their house in order and are working with the Government, not against them?

[James Brokenshire]

Absolutely; I commend those bodies that take these issues seriously, and there are many that do so. We want a thriving, flourishing sector, and the Government are committed to that. The Home Office is working with the Department for Business, Innovation and Skills in telegraphing that clear message so that educational institutions are doing their best in representing this country and showing it at its best.

[Henry Smith (Crawley) (Con)]

I commend the decisive action that my hon. Friend and his Department are taking in closing down the abuse of the student visa route, which is already significantly reducing overall immigration. Is it not right that we also extend the closing down of abuse to some foreign nationals who are wrongly using the NHS?

[James Brokenshire]

I hope that my hon. Friend will recognise the steps that have been put in place through the Immigration Act 2014, and welcome the financial contribution that students and others who will be in this country for a period of time will need to make as part of the visa process. We are focused now on ensuring that that is effectively implemented to deliver what I think my hon. Friends and others across the House will want to see, recognising the contribution that should be made to our NHS from those who are coming to stay here for a period of time.

[Roger Williams (Brecon and Radnorshire) (LD)]

I am sure that everyone will welcome the identification of the abuse and the plans to eliminate it. The Minister has already said that some genuine students following genuine courses will be caught up in the process. Does he agree that the reputation of this country and our universities and their ability to recruit in the future depend on how genuine students are supported at this very difficult time for them?

[James Brokenshire]

I recognise my hon. Friend’s point, which is why in my statement and in some of the answers to questions I have underlined the support that is being provided to students who, through no fault of their own, may have concerns or be affected. We will certainly keep information on gov.uk up to date. The new hotline has opened this afternoon, so students will be able to contact that. As I have said, we will be working with the sector more generally to ensure that support is provided appropriately.

[Richard Fuller (Bedford) (Con)]

The Minister has suspended the right of the university of Bedfordshire, which has a campus in my constituency, to sponsor foreign students. Will he clarify whether that is because of its involvement with ETS, or because of broader aspects of abuse of student visas? Has he had an opportunity to speak to the vice-chancellor so that he may reassure students throughout the university on valid foreign visas that their studies will not be affected?

[James Brokenshire]

We are in regular contact with the university of Bedfordshire. There has been a conversation with the vice-chancellor this morning and a meeting has been arranged either for later today or within the next few days for the precise purpose of assessing the next steps and to see what may be required in relation to reassurance for students. The action taken by the Government has been linked to ETS in terms of the certificates provided that were questionable or incorrectly issued. It is as a result of looking at the records and the way in which that academic institution has been fulfilling its responsibilities as a highly trusted sponsor that we have taken the action today in respect of its inability to take on new students. We will clearly be working with each of the institutions that I have identified in my statement.

[Dr Matthew Offord (Hendon) (Con)]

I strongly welcome the Minister’s statement today and the action that he has taken, but I echo the words of my hon. Friends the Members for Forest of Dean (Mr Harper) and for Reading East (Mr Wilson) in that there is a vibrant community of language colleges in this country that provide great opportunities for many people. I have several in my constituency that I have visited, which have been sidelined and disadvantaged by some of the so-called bogus colleges. Will my hon. Friend consider introducing a hotline to resolve some of the minor administrative errors that occur during genuine applications, so that the main focus can be on bogus colleges and applications?

[James Brokenshire]

My hon. Friend makes an interesting point about the many institutions that are working hard, meeting their responsibilities and ensuring that they rigorously apply the set standards. It is on those that are not meeting such requirements that additional focus is required. We are considering broader work around the tier 4 student visa system, but I will reflect further on my hon. Friend’s point.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I welcome what the Minister had to say and the work that he is doing. Under the previous Government’s shocking administration of the student visa system, individuals were able to come to this country as a student, register as a student, but never attend an institution while being marked present by that institution. What steps are being taken to address the issue of absence and the failure of records, so that they correctly reflect what has been going on?

[James Brokenshire]

Again, my hon. Friend highlights the need for those academic institutions to fulfil their responsibilities and to know that students are attending their courses. It is precisely such measures that our inspectors investigate when they check whether those institutions are meeting their responsibilities. Ultimately, as a highly trusted sponsor, they should know where students are residing and whether they are attending their courses. That is precisely the purpose of the system and why we monitor it in the way that we do.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Last but certainly not least, I call John Glen.

[John Glen (Salisbury) (Con)]

To what extent are London campuses opened by universities based many miles from London simply devices to harbour bogus students, and how can we be sure that we will not see many more bogus students siphoned through those campuses in future?

[James Brokenshire]

As my hon. Friend will know from my statement, we have, with the specific universities that I have identified, highlighted the use of campuses. It is why we have brought it to the attention of the QAA, and it is important that it does its work to analyse the situation further and assess the position of those host academic institutions to ensure that appropriate standards are being met.

Prevention and Suppression of Terrorism

James Brokenshire Excerpts

Thursday 19th June 2014 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2014, which was laid before this House on 16 June, be approved.

Proscription is an important part of the Government’s strategy to tackle terrorist activities. The five groups named in the order all have links to the conflict in Syria. They are: the Islamic State of Iraq and the Levant, also known as the Islamic State of Iraq and al-Sham; Turkiye Halk Kurtulus Partisi-Cephesi; Kateeba al-Kawthar, known as KAK; Abdallah Azzam Brigades, known as AAB, including the Ziyad al-Jarrah Battalions; and the Popular Front for the Liberation of Palestine-General Command. We propose adding them to the list of international terrorist organisations by amending schedule 2 to the Terrorist Act 2000. This is the 15th proscription order under that Act.

By way of background, the House will be aware that Syria is the No. 1 destination for jihadists from anywhere in the world. Proscription sends a strong message that terrorist activity is not tolerated wherever it happens. The reality is that the conflict in Syria has seen a proliferation of terrorist groups, with multiple aims and ideologies and little regard for international borders. For example, in the past week we have seen significantly increased violent activity in Iraq by ISIL. Today the UK is proscribing terrorist organisations that support the Assad regime, that are fighting against it, and that have ambitions beyond Syria and have taken advantage of the collapse of security and the rule of law.

Terrorism from, or connected to, Syria will pose a threat to the UK for the foreseeable future. Involvement in the conflict in Syria and its environs can provide individuals with combat experience, access to training, a network of foreign extremist contacts and a reputation that can increase substantially the threat that those individuals pose on return to the UK. The threat from returning foreign fighters was clearly demonstrated by the recent case of Mehdi Nemmouche. He is believed to have spent at least a year in Syria, during which he developed connections with ISIL before returning to Europe. He is the prime suspect in a shooting on 24 May at the Jewish museum in Brussels in which four people died.

Although the Government recognise that most travel to Syria is well intentioned and for humanitarian reasons, and while we are not trying to criminalise genuine humanitarian efforts, we advise against all travel to Syria. Anyone who travels, for whatever reason, is putting themselves and others in considerable danger. Both the regime and extremist groups have attacked humanitarian aid workers. The best way to help Syrians is not to travel, but to donate or volunteer with UK-registered charities that have ongoing relief operations.

[Keith Vaz (Leicester East) (Lab)]

I am glad to see the Minister back on familiar territory, after dealing with passports yesterday. This morning, information has come out of Iraq indicating that up to 400 British citizens might be fighting there. He gave evidence to the Home Affairs Committee as part of its inquiry into counter-terrorism. Iraq was not mentioned, either in his evidence or in that of others. Can he confirm that figure? Are those people who originally started in Syria and have moved into Iraq, or are they a new batch of people?

[James Brokenshire]

The right hon. Gentleman will recollect the evidence that I gave his Select Committee about foreign fighters. It is often difficult to give estimates about the numbers of individuals; our current estimate is that more than 400 subjects of interest have travelled to Syria to become involved in the conflict there in some way. Clearly, the Islamic State in Iraq and the Levant, or ISIL, is using the areas of land it controls in Syria and now Iraq as one theatre of conflict. I cannot state the numbers or give the other information that the right hon. Gentleman seeks, but clearly there is a concern that those who travel to Syria may then travel across the Levant into Iraq. We are keeping a close eye on that.

We are committed to finding a political settlement to the conflict in Syria that will deliver a sustainable and inclusive transition process and allow the country to rebuild, communities to heal and extremism to be rejected. We will also continue to back the moderate Syrian opposition, who are a bulwark against the terrorism of the extremists and the tyranny of the Assad regime. The Government are determined to do all they can to minimise the threat from terrorism from Syria, and elsewhere, to the UK and our interests abroad.

Those who travel to engage in terrorism face prosecution on their return. We are investing resources into understanding individuals’ motivation for travel and how they are being recruited and we are using that to inform public messaging and community events, to deter individuals from travelling to Syria in the first place. Our operational partners are disrupting individuals who are intent on fighting in Syria, using the range of tools available.

For example, following his return from Syria, Mashudur Choudhury was successfully prosecuted for engaging in conduct in preparation for terrorist acts. We are working intensively with international partners to improve border security in the region. It is right that we should proscribe terrorist groups linked to the conflict in Syria that pose a bar to a political settlement there as well as an increasing threat to the UK. We have already proscribed four groups that are operating in Syria: the al-Musra front, which is part of al-Qaeda; Hezbollah’s military wing; the Kurdistan Workers Party, the PKK; and Ansar al-Islam, also known as Ansar al-Sunna.

Proscribing the groups that we are discussing today will send a strong signal to terrorists operating on both sides of the conflict in Syria and those who may be thinking of joining them. Under section 3 of the Terrorism Act 2000, the Home Secretary has the power to proscribe an organisation if she believes that it is currently concerned in terrorism. Under the 2000 Act, an organisation is concerned in terrorism if it commits or participates in acts of terrorism, prepares for terrorism, promotes or encourages terrorism—including the unlawful glorification of terrorism—or is otherwise concerned in terrorism. If the test is met, the Home Secretary may exercise her discretion to proscribe the organisation.

The Home Secretary takes into account a number of factors in considering whether to exercise that discretion. The effect of proscription is that a listed organisation is outlawed and unable to operate in the UK. It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation or to wear clothing or carry articles in public that arouse reasonable suspicion that they are a member or supporter of a proscribed terrorist organisation.

Proscription can support other disruptive activity, including the use of immigration powers such as exclusion, prosecution for other offences, messaging and EU asset freezes. Given its wide impact, the Home Secretary exercises her power to proscribe only after thoroughly reviewing the available relevant information and evidence on the organisation. That includes open-source material, intelligence material and advice that reflects consultation across Government, including with the intelligence and law enforcement agencies. The cross-Whitehall proscription review group supports the Home Secretary in her decision-making process and her decision to proscribe is taken only after great care and consideration of the particular case. It must be approved by both Houses.

Having carefully considered all the evidence, the Home Secretary believes that ISIL; Turkiye Halk Kurtulus Partisi-Cephesi, or THKP-C; Kateeba al-Kawthar, or KAK; Abdallah Azzam Brigades, or AAB; and the Popular Front for the Liberation of Palestine-General Command, or PFLP-GC, are all currently concerned in terrorism. Although I am unable to comment on specific intelligence, I will go on to provide a summary of each group’s activities in turn.

[Keith Vaz]

The Minister always puts the case very eloquently in respect of these proscription orders, which involve very serious matters. In all the time I have been in this House, the Opposition have never opposed the Government in this regard. Will he tell the House how many people have been successfully prosecuted once those organisations have been proscribed? We have a tendency, rightly, to accept everything the Government say on these orders, but it would be nice to know that at the end of the process somebody has actually gone to jail as a result of them.

[James Brokenshire]

Much proscription has the effect of seeking to prevent people from becoming involved in terrorism and the disruptive effects of that. A range of potential sanctions are available under the Terrorism Act, as well as under proscription. I can tell the right hon. Gentleman that 55 international and 14 Northern Ireland-related terrorist organisations are currently proscribed and that, between 2001 and the end of March 2013, 32 people in Great Britain were charged with proscription offences as a primary offence and 16 were convicted. This is an important power that supports our broader activities in preventing terrorist activity and ensuring that prosecutions are maintained.

[Mr David Winnick (Walsall North) (Lab)]

Obviously, every step that can be taken to protect our people from terrorism should be taken; there is no dispute about that. However, there is a good deal of apprehension among some Government Members, as well as some Labour Members, about secret proceedings. I am speaking in general terms about proceedings in serious criminal cases that are heard largely in secret with all kinds of restrictions placed on reporters, and so on. Is not one of the great values of British justice that it should not only be done but be seen to be done?

--- Later in debate ---

[James Brokenshire]

The hon. Gentleman will remember the debates that we had in this House about the Bill that became the Justice and Security Act 2013 regarding the use of closed material proceedings in civil cases. The point that we made very clearly then was that this is about justice being done, and that many cases could not advance because of the sensitive nature of the material. There is a careful balance, with the oversight of the court, to ensure that evidence can be adduced so that justice occurs. The court will be very conscious, particularly in criminal cases, of the balance to be struck. Matters are heard in camera or not in open court only in very restricted circumstances. I would certainly not wish to give the impression of any move towards some sort of desire for closed justice. Of course, justice needs to happen, and wherever possible and practical it happens in open court. However, in cases where evidence is sensitive and relies on intelligence material, there will need to be different processes, and in the interests of justice that should be maintained.

[Mr Winnick]

I recognise that during proceedings where defendants are being tried some very sensitive evidence should not be disclosed—there is no dispute about that—but when the proceedings are virtually heard entirely in secret, there is bound to be controversy.

[James Brokenshire]

I am not aware of significant numbers of cases that are being heard in the way that the hon. Gentleman suggests. It would be inappropriate to seek to interfere with the judgment of the court. The court will assess the evidence before it and determine what is appropriate in the handling of criminal cases.

However, this is a broader issue that we have debated on previous occasions, and it is appropriate for me now to return to proscription and the different organisations that are under careful scrutiny by this House today.

[Mike Gapes (Ilford South) (Lab/Co-op)]

The explanatory memorandum states that one of the organisations on the proscribed list, the Popular Front for the Liberation of Palestine-General Command, has been involved in various forms of terrorist-related activities since 1968. Will the Minister explain why that organisation has not been on a proscribed list—this is a point against all Governments—since then? Why is it only now, when it seems to be fighting on behalf of the Assad regime, that we are listing it? It has been carrying out terrorist actions against Israel and elsewhere for a number of years, but it is only now, suddenly, that it appears on a list.

[James Brokenshire]

I was just about to come on to the specific aspects of each of the organisations, including the PFLP-GC. Home Secretaries of whichever Government will consider proscription based on a number of different factors, including the nature and scale of an organisation’s activity; the specific threat it poses to the UK; the specific threat it poses to British nationals overseas; the organisation’s presence in the UK; and the need to support other members of the international community in tackling terrorism. Organisations will be considered against those factors, and timing issues may determine whether an organisation should be proscribed at any given moment. I hope it will help the hon. Gentleman if I address each of the organisations in turn. Perhaps that will give him some assurance of the consideration that is being given and why action is appropriate at this time.

The Islamic State of Iraq and the Levant is a brutal Sunni Islamist terrorist group active in Iraq in Syria. The group adheres to a global jihadist ideology, following an extreme interpretation of Islam that is anti-western and promotes sectarian violence. ISIL aims to establish an Islamic state governed by sharia law in the region and uses violence and intimidation to impose its extremist ideology on civilians. ISIL has previously been proscribed as part of al-Qaeda. However, steps taken by al-Qaeda’s senior leadership to sever ties with ISIL have prompted consideration of the case to proscribe ISIL in its own right.

The House will also be aware not only that ISIL poses a threat from within Syria, but that in the past two weeks it has made significant advances in Iraq. The threat from ISIL in Iraq and Syria is very serious and shows clearly the importance of taking a strong stand against the extremists.

As I have indicated to the Chair of the Home Affairs Committee, we are aware that approximately 400 British nationals have travelled to Syria and some of them will inevitably be fighting with ISIL. It appears that ISIL is treating Iraq and Syria as one theatre of conflict and its potential ability to operate across the border is a cause for concern for the whole international community.

In April 2014, ISIL claimed responsibility for a series of blasts targeting a Shi’a election rally in Baghdad. The attacks are reported to have killed at least 31 people. Thousands of Iraqi civilians lost their lives to sectarian violence in 2013, and attacks carried out by ISIL will have accounted for a large proportion of those deaths.

ISIL has reportedly detained dozens of foreign journalists and aid workers. In September 2013, members of the group kidnapped and killed the commander of Ahrar ash-Sham after he intervened to protect members of a Malaysian Islamic charity.

In January 2014, ISIL captured the Al-Anbar cities of Ramadi and Falluja, and it is engaged in ongoing fighting with the Iraqi security forces. The group also claims responsibility for a car bomb attack that killed four people and wounded dozens in the southern Beirut suburb of Haret Hreik.

ISIL has a strong presence in northern and eastern Syria, where it has instituted strict sharia law in the towns under its control. The group is responsible for numerous brutal attacks and a vast number of deaths. The group is believed to attract foreign fighters, including westerners, to the region, and has maintained control of various towns on the Syrian-Turkish border, allowing the group to control who crosses, and its presence there has interfered with the free flow of humanitarian aid.

ISIL is designated as a terrorist group by both Canada and Australia, and as an alias of al-Qaeda by the US, New Zealand and the United Nations.

Turkiye Halk Kurtulus Partisi-Cephesi, also known as the People’s Liberation Party/Front of Turkey, is a left-wing organisation. It was formed in 1994. The group grew out of the Turkish extreme-left revolutionary youth movements that formed in the 1960s and 1970s. THKP-C now operates as a pro-Assad militia group fighting in Syria, and it has developed increased capabilities since the Syrian insurgency. It is assessed as having been involved in an attack in Reyhanli in Turkey last May, which killed more than 50 people and injured more than 100 people. Its leader, Mihrac Ural, holds Syrian citizenship and was born in the southern province of Hatay, where the organisation has always been most prominent. Ural has formed several other groups under the THKP-C umbrella, including Mukavamet Suriye, which is reported to have been responsible for the recent Banias massacre, which killed at least 145 people.

Kateeba al-Kawthar describes itself as a group of mujaheddin from more than 20 countries that seeks a just—as it perversely says—Islamic nation. It is an armed terrorist group fighting to establish an Islamic state in Syria. It is aligned to the most extreme groups operating in Syria, and it has links to al-Qaeda. Abu Musab, who is also known as Rabah Tahari, a western mujahed commander, is its leader. The group is believed to have attracted a number of western foreign fighters, and it has released YouTube footage that encourages travel to Syria and asks Muslims to support the fighters.

The Abdallah Azzam Brigades is an Islamist militant group, aligned with al-Qaeda and the global jihad movement, that is currently fighting in Syria and Lebanon. It began operating in Pakistan in 2009. The Lebanese branch uses the name Ziyad al-Jarrah Battalions. It is named after the Lebanese 9/11 hijacker Ziyad al-Jarrah, who participated in the hijacking and crash of United flight 93.

The AAB has increased its operational pace since the onset of the Syrian insurgency, claiming responsibility for a rocket attack launched from Lebanon into northern Israel in August 2013. In November 2013, it claimed responsibility for a double suicide bombing outside the Iranian embassy in Beirut, which killed at least 22 people and wounded more than 140 people. On 19 February 2014, the group’s recently established media wing, the al-Awzaey Media Foundation, announced on Twitter and YouTube that the group claimed responsibility for two suicide bombings near the Iranian cultural centre in Beirut, killing 11 people and wounding 130 people, in revenge for actions by Iran and Hezbollah in Lebanon and Syria. The group has threatened to launch further terrorist attacks, and it has demanded that the Lebanese Government free imprisoned jihadists. It has also threatened attacks on western targets in the middle east. It was listed as a terrorist group by the US in May 2012.

Popular Front for the Liberation of Palestine-General Command is a left-wing nationalist Palestinian militant organisation. It was formed in 1968. It is based in Syria, and it was involved in the Palestine insurgency during the 1970s and 1980s. It is separate from the similarly named Popular Front for the Liberation of Palestine. From its outset, the group has been a Syrian proxy. The PFLP-GC has been fighting in the Syrian war in support of Assad, including in the Yarmouk refugee camp in July 2013. The group has also issued statements in support of the Syrian Government, Hezbollah and Iran. It has been designated as a terrorist group by the US, Canada, Israel and European Union.

[Mike Gapes]

I understand from the explanatory memorandum that the organisation was involved in training Hamas and the Palestinian Islamic Jihad, which are already listed as proscribed organisations by our Government. Why has it taken so long for it to be listed as a terrorist organisation?

--- Later in debate ---

[James Brokenshire]

I have explained to the hon. Gentleman the factors that are taken into account. Indeed, a range of other measures under the Terrorism Acts can be taken against those involved in terrorist activities. The Government have to strike a careful balance in considering whether different organisations should be proscribed, taking into account the relevant factors that I have already explained to him.

Our determination is that it is now right to add the PFLP-GC, along with the others listed in the order, to the organisations proscribed in schedule 2 to the Terrorism Act 2000. Our judgment is that all five groups are concerned in terrorism and are active in or linked to the Syrian conflict, where their activities undermine the prospect of a peaceful settlement and fuel a conflict that is significantly increasing the terrorism threat to the UK. That is why we judge that proscription should take place. I hope that the House will support that in the debate.

--- Later in debate ---

[James Brokenshire]

With the leave of the House, I hope to respond briefly to a number of points that have been raised in the debate this afternoon. I welcome the broad support that the order before the House has received on all sides, reflecting the cross-party focus on the security of this country and the desire to see that our citizens are protected appropriately. I recognise that and I recognise a number of the comments that have been made.

I wish to underline my commitment to observe the courtesies of the House in respect of the release of information to the Speaker and the Opposition, and to assure the House that it is my clear focus and intent that information is supplied appropriately to Members, and that details are provided to the Opposition at the same time as orders are laid. The hon. Member for Kingston upon Hull North (Diana Johnson) recognised that I responded promptly when I was made aware of her point of order on the Floor of the House earlier this week. I give that assurance to Mr Speaker and to right hon. and hon. Members because I take the processes and proceedings of the House extremely seriously, and it is important that we adhere to them. I assure the hon. Lady that no prior authorisation was given by Ministers or special advisers in relation to any of the matters to which she referred. We are still examining the facts and circumstances of the case that she drew to the attention of the House.

[Bob Stewart (Beckenham) (Con)]

Will my hon. Friend confirm that he did not mean to say that a special adviser would give authority to anyone?

[James Brokenshire]

I do not know whether my hon. Friend heard the point that the hon. Lady made earlier. I was responding specifically to her point, which I have sought to address in correspondence as well.

On the substance of the orders, I welcome the support and the recognition that they fit into the broader approach and our strategy in confronting and combating those who seek to become involved in terrorism by virtue of their travel to Syria, the ongoing conflict in that arena, and the risk posed by foreign fighters. I have already spoken about the numbers that we believe have been involved, and there are foreign fighters across the EU as well who have travelled. A number of foreign fighters are involved in Syria and, as the crisis in Iraq extends further, they may transfer there.

On the point that the hon. Member for Ilford South (Mike Gapes) highlighted in respect of the situation in Iraq, he will have heard the comments of the Prime Minister and the Foreign Secretary over the past few days on this extremely serious situation. The UK supports the Iraqi Government in their fight against terrorism. We are taking action in three areas—promoting political unity among those who support a democratic Iraqi state and stability in the region, offering assistance where appropriate and possible, and alleviating humanitarian suffering. The Prime Minister made clear yesterday the additional funding that was being made available in respect of that last point.

We have made it clear that this action does not involve planning a military intervention by the UK. We are urging the Iraqi Government to take effective measures to organise their security forces and push ISIL back from the areas that it has occupied, while protecting civilian life, infrastructure and vital services. Any action by the Iraqi Government must include an inclusive approach to bring Iraqi leaders together.

Both the hon. Lady and the Chair of the Select Committee referred to Prevent, and to steps that we can take to prevent people from travelling and becoming involved in potential terrorist activity. I will make a number of brief points about that. The Government are giving key messages on not travelling to Syria. People who want to travel for humanitarian reasons risk coming into contact with terrorist organisations, given the parts of Syria that are controlled by extremist organisations. Although today’s debate has focused on the listed organisations, with much of the focus, understandably, on the operations of ISIL, it is important to underline that there are groups such as the al-Nusra Front and other extremist organisations that share the al-Qaeda narrative and the desire to create a global caliphate. People may come into contact with such groups, which have aspirations to attack the west. It is important to understand and recognise the diverse and dynamic threat from Syria, and to acknowledge the humanitarian support provided by this Government—£600 million—in the aid effort. It is important to reiterate, for those who wish to help for genuine humanitarian reasons, that the best way to do that is through the UK’s humanitarian aid agencies that are supporting that effort, recognising the importance that the UK Government place on providing significant financial aid to those in severe need as a consequence of displacement and the ongoing conflict in Syria.

It is important to stress, too, that we are providing targeted messages through Prevent officers and the Prevent programme, highlighting the reasons why travel to Syria is not appropriate and the risks that it poses. Right hon. and hon. Members will no doubt have noted the comments from Deputy Assistant Commissioner Helen Ball of the Metropolitan police about the role of mothers and family members in extolling the right messages. There are a number of different strands to ensuring that we prevent travel, in addition to measures such as the use of port stops under schedule 7 of the Terrorism Act, the use of the royal prerogative to take passports away when the intent to become involved in terrorist activities is clear, and indeed the use of deprivation of citizenship—a topic recently debated in the House.

[Dr Matthew Offord (Hendon) (Con)]

I have chosen my moment to intervene carefully. I have heard a lot of discussion about confiscating passports and preventing people from travelling. On certain occasions, people will travel and we will not be able to identify them beforehand. Such people are most likely to go through Turkey. As British subjects, we are required to have a visa for travel to Turkey, so will the Minister outline what actions he is taking, together with the Turkish Government, to identify people going into the country in order to travel on to the Levant, Syria or Iran or indeed coming back again?

[James Brokenshire]

I hope my hon. Friend will understand that it would not be appropriate for me to go into detailed operational discussions or intelligence issues. I can assure him, however, that we are in ongoing discussions with Turkey and other Governments, including at the European level. A number of EU countries have similarly seen their citizens travel to Syria, so there is some good co-ordination of activities, although there is still more work to be done.

On the issue of people returning, it is important to underline the arrests and prosecutions that have taken place. In the last 18 months, about 65 have been arrested. To put that in greater context, since 1 January this year, we have been notified of 50 Syria-related arrests, and 21 people suspected of being involved in travelling to or from Syria. Nine charges have been brought thus far. That shows that continuing operational activity, including broader disruptive and preventive activity, is taking place.

It is also important to underline the need for vigilance, which was highlighted by the Chair of the Select Committee in his comments about Yemen. There is an enduring threat from al-Qaeda in the Arabian Peninsula, which operates within Yemen. Al-Shabaab has come to the fore for some appalling atrocities that it has committed, and I could mention various other groups linked to al-Qaeda. The vigilance of our security services, police and Government is crucial. Terrorist risks are linked to the ongoing Syrian conflict, and I have spoken on a number of occasions about the enduring risk as a consequence. We need to remain vigilant against threats from wherever else they come. In that context, the hon. Member for Ilford South rightly highlighted the global connections of terrorism.

The hon. Gentleman also rightly mentioned the need for us to underline the contribution that British Muslims make to our country. I endorse that very clear message. Last summer, we saw some attacks on mosques and the appalling murder of Mohammed Saleem in the west midlands. During my visits then and since, I have been struck by the strength of communities across our country in coming together to stand against and oppose violence or threats to any part of our wider community.

My hon. Friend the Member for Finchley and Golders Green (Mike Freer) highlighted the need to keep matters under review and to be vigilant. I wholly endorse that. We monitor these issues closely, and where new names need to be used, aliases may be added to the proscription list. If something looks like a front for an existing proscribed organisation, prosecutions and other activities will not be prevented from happening.

Finally, the Chair of the Select Committee made a point about my responsibilities. If I recall correctly, Tony McNulty and other previous security Ministers have had other responsibilities as well—for policing, for example—so it is not a simple role that can be taken in isolation. I noted the right hon. Gentleman’s comments, but some uses of immigration powers have helped to underline the connections between the different strands—how we use our Border Force and the warnings index, for example. Use of advanced passenger information is important, too, to prevent those suspected of terrorism from getting on to flights in the first place.

I welcome the support for the order today. I think it will send out a very strong message and underline the Government’s commitment to dealing with terrorism and the serious issues we face in respect of Syria, Iraq and elsewhere.

Question put and agreed to.

Resolved,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2014, which was laid before this House on 16 June, be approved.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I inform Members that I intend to allow approximately equal time to each of the two debates proposed by the Backbench Business Committee. If all Back Benchers who have indicated that they wish to speak are to be given the opportunity to do so, it would be helpful if Back-Bench Members took approximately 10 minutes—and no more. I shall not impose a time-limit now, trusting to Members’ decency in considering others as well as themselves. We will see how that works.

Passport Applications

James Brokenshire Excerpts

Wednesday 18th June 2014 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

May I say at the outset that I understand entirely why so many right hon. and hon. Members across the House have sought to bring to Ministers’ attention a number of individual cases? That is precisely what Members of Parliament are for—to represent their constituents. I understand why they have sought to use this debate to do that. This debate has underlined the work of the Passport Office in seeking to respond to and address the concerns that have been flagged. Like other right hon. and hon. Members, I pay tribute to the hard work, dedication and professionalism of HMPO staff who are working to process applications and respond to individual customer and MP inquiries. We recognise the need to service MPs’ individual requests. That is why, from the start of this week, the MP team was strengthened to ensure that a service is provided to deal with those individual cases.

I note the number of individual cases and circumstances that have been flagged. Sadly, in the time available, I will not be able to respond to each of them, but a careful note is being taken of a number of them. A note is also being taken of some of the points that have been made, for example on the courier services. I have heard that DX is working late evenings, but we will look at each case. We will also look at each point that has been flagged on individual countries.

I underline our commitment to focus on those individual circumstances that have been flagged, but I also underline the Home Secretary’s message. We apologise to anyone who has been affected by their passport not being delivered when expected through no fault of their own. I understand the concerns that have been flagged and the individual cases that have been raised. I understand the concerns of the right hon. Member for Manchester, Gorton (Sir Gerald Kaufman) and his desire to raise individual cases, but I say to him in careful terms that the tone and nature of his contribution did not fit the debate.

I should like to underline some of the individual actions we have taken to address the current high volume of passport applications. Her Majesty’s Passport Office issued 3.3 million passports in the first five months of the year, compared with 2.95 million in the same period last year.[Official Report, 7 July 2014, Vol. 584, c. 2MC.] We have had an additional 350,000 applications compared with last year, and the highest demand for passports in 12 years.

I stress to the right hon. Member for Delyn (Mr Hanson) that our actions have not just happened in recent weeks. Since January, HMPO has put in place measures to deal with the increase, and the vast majority of customers have received their passports on time and straightforward renewals of passports within the three-week period. I stress to him that the website advises:

“It should take 3 weeks to get the passport - use a different service if you need the passport urgently…It can take longer if more information is needed or your application hasn’t been filled out correctly.”

[Mr Robinson]

The Minister is correct that applications are roughly 10% up on last year—this is in my letter to him, as he will see when he gets round to replying—and that manpower was increased from January to May by 10%. Is not the point that, if we had all that planning, why has the crisis arisen? Is it not because of the decision to incorporate into that planning system the different volume of requirements for overseas applications?

[James Brokenshire]

We have had sustained demand and the demand has come earlier in the year than would normally be the case. Therefore, that increase and the period in which demand was sustained is an important factor. That is why HMPO has been operating seven days a week since March and why passports are delivered within 24 hours by couriers.

Some 250 staff were moved from back-office roles to the front line, and an additional 200 people will soon be supporting front-line operation. The focus has been given to getting passport applications turned round. I also stress that 650 extra staff are working on the customer helpline—an increase to 1,000. We understand people’s anxieties and action has been taken.

As the Home Secretary has said, we are ensuring that those who need to travel in the next seven days whose applications have been outstanding for more than three weeks through no—[Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I hesitate to interrupt the Minister, but Members who have come into the Chamber who have not been here for the debate should not be talking through his speech.

[James Brokenshire]

Thank you, Madam Deputy Speaker.

To confirm, we have taken action on those needing to travel within the next seven days whose applications have been outstanding for more than three weeks through no fault of their own. They will have their applications fast-tracked without charge.

We have introduced processes overseas for those wishing to renew their passports to travel to the UK. Customers can apply for an extension to their existing passports at consular offices overseas. Overseas posts have been provided with stamps and customers are booking appointments for this service. The Foreign and Commonwealth Office is now issuing emergency travel documents for children who need to travel to the UK.

Staff at HMPO are working hard to process passport applications. Again, I underline the Home Secretary’s thanks to them for their dedication at this time. To give a sense of the scale and nature of the work being undertaken, let me give some numbers to put the issue into context. Almost 160,000 passports were issued in the past week

[Penny Mordaunt (Portsmouth North) (Con)]

rose—

[Keith Vaz]

rose—

[James Brokenshire]

I give way to the Chair of the Home Affairs Committee.

[Keith Vaz]

I appreciate that he was not the Immigration Minister when the decision to close the overseas posts were made, nor was he the Minister earlier this year. However, when was he told personally by Mr Pugh that there would be a problem with the number of applications and does he still have confidence in the chief executive of the agency?

--- Later in debate ---

[James Brokenshire]

The Chair of the Select Committee took evidence yesterday from Paul Pugh, who was right to say that his focus is on dealing with the issues at hand—the increases in demand and some of the points that have been flagged up to the House this afternoon. Obviously Ministers receive regular updates from HMPO, which indicated that additional measures were being put in place to deal with demand.

As the right hon. Gentleman will know, HMPO’s performance figures up to May show that 97% of straightforward applications were dealt with within three weeks and 99% within four weeks. When it comes to claims of a backlog, it is important to note that there are approximately 480,000 active applications currently being processed. It is not unusual during peak periods for HMPO to operate with high numbers of applications in the system at any one time, with this year seeing the highest level for 12 years—as I have indicated, some of the inflow and outflow gives a sense of that. HMPO is a fast-moving, demand-led business. It receives up to 150,000 domestic applications and around 9,000 overseas applications in any given week. Those applications are necessarily at different stages of the examination process, on what we might describe as a production line, and they have to be scrutinised carefully, for the reasons that have been underlined—security and to ensure that the gold standard of the British passport is maintained.

Hon. Members raised the issue of the Newport passport office, which continues to operate as a customer service centre, offering face-to-face passport applications for premium and fast-track customers, with 150 full-time equivalent posts.

[Penny Mordaunt]

Will the Minister give way?

[James Brokenshire]

I am conscious of time.

In Scotland, extra resources have been put in place to focus on ensuring that people receive their passports in good time, recognising the earlier school holidays. To address the point made earlier, we are also in close contact with the Glasgow office on the availability of individual appointments. On the staffing point, I again underline what the Home Secretary said—and, indeed, the point my hon. Friend the Member for Northampton North (Michael Ellis) made—about the increase in numbers since 2012. We now have 3,444 full-time equivalent staff.

However, we recognise how important passports are, as well as securing people’s renewals in as short a time as possible. Passports are not just dry official documents; they are the key to eagerly anticipated holidays and facilitating international business travel. We recognise the need to review what has happened, which is why it is right that the Home Secretary has commissioned the reviews that she has. On the overseas transfer, that change was made to ensure greater scrutiny and security, ensuring that the gold standard of the British passport is maintained and securing greater continuity of service between all the different parts of the service.

[Several hon. Members]

rose—

[James Brokenshire]

I know that Members have flagged up individual cases involving passports from overseas. These applications take longer and require additional scrutiny. That is why we have to be careful to ensure that those principles are maintained.

--- Later in debate ---

[Penny Mordaunt]

rose—

[James Brokenshire]

I believe I have only a few seconds left.

I would like to underline that we are committed to resolving this issue. We are monitoring it extremely carefully, with a focus on ensuring that performance at HMPO improves, that passport applications are processed efficiently and effectively and that urgent and compassionate cases are prioritised. I recognise the importance—

[Mr Speaker]

Order. I do not know what understandings there might be—I feel sure that they would have to be respected by the parties as a matter of integrity—but procedurally, there is no question of the Minister having only a few seconds left. He has relatively unlimited time if he wishes to avail himself of it. I call the Minister.

[Pamela Nash]

rose—

[James Brokenshire]

I give way briefly.

[Pamela Nash]

I sensed that the Minister was about to conclude his remarks, but two specific points from my speech have not been addressed. First, I asked about the circumstances when the date by which a passport is needed is not necessarily the date of travel—where there is a visa or electronic system for travel authorisation, for example—so will he advise the Passport Office to make it a priority to deal with that? Secondly, he mentioned interviews at Glasgow, but can he guarantee that Scottish people will be able to get such an interview at Glasgow where it is more suitable for them rather than having to travel elsewhere?

[James Brokenshire]

On the latter point, the Home Secretary has spoken to the head of operations at the Glasgow office. We are carefully monitoring the availability of appointments at the counter in all our offices, and we are specifically focused on Glasgow, given the understandable desire for people to get passports for their holidays. As for individual foreign cases, we have set out the guidance on the seven-day period for providing information on airline bookings and other details. I recognise the importance to each individual and each family of receiving their passports. That is why our focus remains on delivering a high-quality passport service for the benefit of the public. That is what this Government are committed to do and that is what we are focused on delivering.

Question put,

Passport Office (Delays)

James Brokenshire Excerpts

Tuesday 10th June 2014 Commons Chamber

[Mr Robinson]

It is bad for business all round. We hear complaint after complaint, but the Minister sits there as if he is happy for the chaos to carry on all around him. It is amazing how late Ministers have reacted to this issue. The chaos has been mounting, as my hon. Friend the Member for Leicester South (Jonathan Ashworth) so perceptively pointed out, but Ministers did not intervene with panic measures—which should not have been necessary—until the backlog had reached 350,000. Will the Minister confirm that he would normally seek to intervene when it reached 150,000?

[The Minister for Security and Immigration (James Brokenshire)]

indicated dissent.

[Mr Robinson]

That is what I was told. Ministers intervened when the backlog reached 350,000, which was clearly too late to do anything about it in the narrow window before the holiday period.

--- Later in debate ---

[The Minister for Security and Immigration (James Brokenshire)]

I congratulate the hon. Member for Coventry North West (Mr Robinson) on securing the debate. At the outset, may I say to him that there is no indifference on the part of Ministers? I recognise how important passports are, as is securing people’s renewals. As he highlights, behind the statistics lie a multitude of personal stories. Passports are not just dry official documents. They are the key to once-in-a-lifetime trips, eagerly anticipated holidays and visits to loved ones. That is why it is important that applications and renewals are processed in an efficient manner, particularly at this time of the year when hard-working families are making plans for their summer holidays. Therefore, I recognise the importance and significance of the points that he makes.

It is important to understand the context of passport renewals and the work of the Passport Office. I will go on to address each of the specific points he has raised with me in terms of overall numbers and the steps that have been taken, and will be taken, to ensure that the Passport Office functions efficiently and delivers for his constituents and those of other Members in the Chamber this evening.

Each year around 5.7 million of us apply to have our passports renewed or replaced, or make an application for the very first time. The demand for passports is spread out across the year, but the highest volumes of demand by far come in the summer months. Since January this year, Her Majesty's Passport Office has seen a significant surge in demand for passports. Between 1 January and 31 May 2014, HMPO received 3.3 million applications—350,000 more than the same period last year, and the highest volume of applications received for this period over the last 12 years. Indeed, in both March and May this year, HMPO recorded the highest level of applications received in any month over the last 12 years.[Official Report, 7 July 2014, Vol. 584, c. 1MC.]

Of course, it is recognised that there is always a surge in demand for new or renewed passports as people look forward to their summer holidays. But this year the surge began—

[Graham Jones]

Will the Minister give way?

[James Brokenshire]

I will not give way for now. I would like to make some progress and put some points on the record. I will then be happy to give way to hon. Members.

This year the surge began much earlier and was sustained more than normal; an indication that, as the economy is improving, more people are understandably planning to travel abroad. I can assure the House that this high demand was identified by HMPO early this year. As a result, it has put in place a system of measures to deal with it and to see that people receive their passports in good time. A number of steps have been taken, including existing passport examination and customer service staff working seven days a week to process the higher number of applications. Non-operational staff have been re-deployed to support examination and customer service functions, whilst ensuring that the necessary security checks are still properly undertaken. I recognise the issues raised about fraud and counter-fraud and I can assure the House that those security checks are still being undertaken.

Additional staff have been deployed to work on HMPO’s parliamentary and diplomatic helpline for Members who wish to raise cases on behalf of their constituents. I heard the point raised by the hon. Member for Central Ayrshire (Mr Donohoe) about the response he received. I shall take that away and investigate further as it is important that Members receive timely responses for their constituents.

[Sheila Gilmore (Edinburgh East) (Lab)]

Will the Minister give way?

[Graham Jones]

Will the Minister give way?

[James Brokenshire]

I will, but I would like to deal with these points and then I will happily give way.

HMPO has introduced process changes to speed up the handling of applications made in the UK and overseas. As we enter the traditional peak season of demand, further steps are being taken to strengthen front-line resources further. By the end of June, HMPO will have deployed 250 additional passport examination staff and a further 65 staff to support customer contact. Teleperformance, which runs the passport helpline, has over 1,000 staff to deal with customer enquiries, a significant increase on its normal complement of 350. While the number of applications is up significantly, HMPO has increased the number of staff dealing with applications.

Before I give way, I would like to reassure the House on some points that have been inaccurately represented. First, on allegations of backlogs in passports applications, it is important to state to the hon. Member for Coventry North West, who raised the issue of what counts as a normal throughput, that at peak periods the Passport Office will issue over 150,000 passports a week. During peak season, it would be expected to see several hundred thousand applications within the system. Although demand is greater than in recent years, HMPO has deployed more staff to deal with it.

Secondly, the overwhelming number of straightforward applications are dealt with within the three-week service standard, and HMPO is working tirelessly to improve performance still further. As I have explained, even in the busy months of January to April this year, 97% of straightforward applications were processed within the three-week service standard, and 99% within four weeks.

Thirdly, the hon. Gentleman mentioned cuts in HMPO staff, but the numbers have gone up in recent years. On 31 March this year, HMPO had 3,444 full-time equivalent staff—up from 3,260 in 2013 and from 3,104 in 2012. Clearly, then, there have been increases in staff—

[Several hon. Members]

rose—

[James Brokenshire]

The hon. Member for Coventry North West is catching my eye, and I would like to give way to him first, as this is his debate.

[Mr Robinson]

If I heard the initial figures correctly, in comparison with last year—the recent increase in manpower relates to the same period—we are up about 10%. If there are broadly 10% more staff, as the Minister says there is, to deal with increasing numbers of applications, surely the problems come down to mismanagement and incompetence. He is condemning himself for the malfunctioning of his Department.

[James Brokenshire]

It will not surprise the hon. Gentleman to hear that I do not accept that characterisation. We have seen 350,000 additional applications in the early season—a time when that level of increase would not normally be expected. That is why HMPO has deployed additional resources and is deploying further resources as we speak.

[Mr Donohoe]

rose—

[Nic Dakin (Scunthorpe) (Lab)]

rose—

[James Brokenshire]

I give way first to the hon. Member for Central Ayrshire.

[Mr Donohoe]

Will the Minister guarantee that when my staff phone up tomorrow, asking for some response to the problems of my constituents, they will get an answer? Will he give that commitment to giving them that kind of service?

[James Brokenshire]

As I have said to the hon. Gentleman, I am happy to investigate the issue of the response he is receiving. I will speak to him afterwards about whether he is contacting HMPO directly or whether he is referring to the MP hotline. I want Members to receive timely responses to their constituents’ inquiries, particularly at this time of year when people are seeking to make bookings and need their passports.

[Sheila Gilmore]

One issue raised by my constituents is that nothing appeared to have been flagged up to suggest there was any problem. If the Department was aware that the increase was coming in the early part of the year, it would have been helpful to make MPs and relevant websites aware of that. Will the Minister explain why there has been such a problem with first passports for children—in a way there has never been before?

[James Brokenshire]

The Passport Office has obviously indicated its performance. It has clearly stated that 97% of straightforward applications—and child applications fit within that—were dealt with within the three-week period, and that 99% were dealt with within four weeks. I say to the hon. Lady that HMPO is prioritising those who have waited longest, and has policies in place to deal with urgent and compassionate cases. A passport can be issued at very short notice, but such discretion is reserved for emergencies such as ill health or death, and is not a stand-by provision for someone who has perhaps forgotten to renew until the last minute, or for similar circumstances. This sort of compassionate approach is reserved for certain cases.

[Several hon. Members]

rose—

[James Brokenshire]

I am conscious that I have only a minute left and I want to make a few more points.

Hon. Members will be aware that delays can occur for a whole range of different reasons, so it is important to underline the check and send facility. Hon. Members will also know that the responsibility for processing overseas applications was recently transferred to HMPO from the Foreign Office. This move was made to improve our response to security and fraud challenges and to provide a more consistent service for customers that can be reflected in the fees they are charged. Indeed, as Members will know, the cost of an adult overseas passport was cut by £45 in April this year. While the volume of overseas applications is smaller than that of domestic applications, specific issues are associated with them.

The Passport Office has faced an unusually high level of demand above forecast demand, but since January it has taken steps to deal with the situation by raising its level of output to meet that demand, while maintaining its focus on public protection. We have not compromised on our checks, and will not do so. I hope Members will agree that maintaining the security of our passports is paramount, along with ensuring that we process applications as swiftly and as safely as possible. The British passport has a gold standard reputation, both domestically and internationally, and I am determined that that will continue. My focus on the performance of the Passport Office will certainly be my main priority.

Question put and agreed to.