Oral Answers to Questions

John Hayes Excerpts

Monday 28th October 2019 Commons Chamber

[Priti Patel]

My hon. Friend is absolutely right, and I know that he will welcome the increase in police numbers—more than 1,300 for the Metropolitan police service. Of course, the issue is now all about local police presence and ensuring that more officers are on the beat. That is exactly what will happen in his borough.

[Sir John Hayes (South Holland and The Deepings) (Con)]

14. What steps she is taking to provide security and law enforcement organisations with the tools they need to counter terrorism.

[The Minister for Security (Brandon Lewis)]

It is crucial that our security and law enforcement organisations have the tools needed to keep our people safe. A review of powers was undertaken as part of Contest, our updated comprehensive counter-terrorism strategy. In February this year, the Counter-Terrorism and Border Security Act 2019 received Royal Assent. It ensures that our security and intelligence agencies, prosecutors and the judiciary have the powers they need to counter the threat.

[Sir John Hayes]

Identifying indoctrination by Islamists and similar fanatics is essential to providing the good order that Edmund Burke characterised as the hallmark of good government. As the Minister will know, the Prevent duty on local authorities obliges them to play their part in that effort. Mindful of the fresh guidance that has been published—I have it here—will the Minister now review the practice of those public bodies, identify what is going well and sanction those who are not doing their duty?

[Brandon Lewis]

My right hon. Friend makes an important point. He was instrumental in the introduction and delivery of the Prevent duty, to the benefit of everybody. There is obviously work for us to do on extremism, including the unwanted growth in right-wing extremism, which we want to bring down. We are therefore always reviewing how the programmes work, to ensure that everybody is kept as safe as possible.

Public Services

John Hayes Excerpts

Wednesday 16th October 2019 Commons Chamber

[Priti Patel]

I had hoped the hon. Gentleman would welcome the 151 additional police officers who are coming to South Yorkshire, along with the 6,000 who will be coming over the next year up to March and the 20,000 that we are recruiting. I think all hon. Members should recognise that crime has changed and, rather than criticise our police officers, get out there and back them.

[Sir John Hayes (South Holland and The Deepings) (Con)]

My right hon. Friend’s acquisition of this role is causing great excitement in South Holland and The Deepings and across the nation, because at last we have a Home Secretary who is not an apologist for miscreants but believes, as my constituents do, that people who cause mayhem and misery should be caught, convicted and locked up for a very long time, in stark contrast to the views of the right hon. Member for Broxtowe (Anna Soubry).

[Priti Patel]

My right hon. Friend is right: when it comes to crime and criminality, we owe it to the British public to be on their side and to ensure that their communities are protected and that they are safe.

With crime changing, it is right that we listen to the police on how to tackle the most urgent crimes. That is why I have made rolling up county lines drugs gangs a priority, with a £20 million package to stop those gangs exploiting children and young people, in addition to the £25 million safer streets fund to bring in new security measures for the worst crime hotspots in England and Wales. That is what I mean by backing our police and tackling the most appalling criminality that we see today.

--- Later in debate ---

[Mrs May]

My hon. Friend is absolutely right. Parents worry, but young people worry as well, about the impact of online harms. This is a very important matter. We are leading the world on this, and it is incredible that the Opposition are not willing to stand up and support that particular Bill.

[Sir John Hayes]

I am extremely grateful to my right hon. Friend for giving way. As she has said, crime is changing. Cyber-crime, for example, is now the preoccupation of our police forces, because it is, of course, the preoccupation of so many criminals. She did important work in that field, which I was very happy to support, with the development of a national strategy, which is linked to what she is saying about online crime. What more can we do to tackle cyber-crime in the spirit that she began when she was at the Home Office?

[Mrs May]

I am grateful to my right hon. Friend for his comments. He is absolutely right. It was right that the National Crime Agency was set up, and it is absolutely right now that we have that increasing capacity in relation to cyber-crime. One issue though is how to attract people with those skills to work in the National Crime Agency and in our police forces. Having a more flexible approach to the way people can be employed in support of our police, and within our police, is a key way of doing that. I was pleased also to have introduced the direct entry at superintendent level, which has brought some other skills into the police. It is looking at such innovative approaches that will help in these matters.

--- Later in debate ---

[Sir John Hayes (South Holland and The Deepings) (Con)]

I certainly would not want to disappoint you, Mr Speaker, so I must rise to the occasion and fulfil your aim for my speech. Like you, I believe it is a politician’s duty to inspire. But I would go further—it is our mission to enthral, but at least we should try to inspire. Too much of modern politics has become peppered with dull managerialism.

G.K. Chesterton said:

“For fear of the newspapers politicians are dull, and at last they are too dull even for the newspapers.”

Any Queen’s Speech is therefore welcome because it sets out a series of measures that we can debate and consider. Indeed, it has enlivened a discussion today that could not have taken place had the Government not set out such a series of measures. The least that can be said of the Queen’s Speech is that it does just that: it is bold, it is fresh and it is evidence of an agenda. Whether it could be said to be a coherent mission or—dare one say?— evidence for a vision is more debatable, but at least it is a fresh start. Many of the measures are necessary, and most are desirable.

The Home Secretary is herself, as I noted when I intervened on her, a breath of fresh air. I am going to say some very nice things about a former Home Secretary in a minute, just in case she was worrying that I would not. The Home Secretary said that many of the measures are to address freedom from fear. Fear and doubt pervade too much of Britain. In too many places, too many people we represent live lives of fear, and crime perhaps strikes the greatest fear in our constituents’ hearts. The continuing threat of terror is the apex of those fears, and, as my right hon. Friend the Member for Maidenhead (Mrs May), who earlier made such an impressive contribution to this debate, mentioned in her final Prime Minister’s questions, at the Home Office I was able to introduce measures to tackle terrorism, but I could not have done so without her guidance and leadership. There is no one more resolute in their determination to tackle that threat than my right hon. Friend.

The fear that people feel daily, however, is the fear of disorder, and many of the measures in this Queen’s Speech are welcome because they begin to address that kind of disorder. The daily experience of lawlessness blights lives, diminishes communities, damages and sometimes destroys individuals and families. The figures that I looked at in preparation for this debate are stark. The year of my birth was 1958—I know that hon. Members are wondering how that could be so, but I was indeed born in 1958, and you probably know the date, time and place, Mr Speaker, given your approach to these things. In that year, there were 261 murders or manslaughters. In 2018, there were 732. In 1958, there were 1,692 robberies; in 2018, there were 82,566. As far as arson is concerned, the numbers have gone from 722 to more than 25,000. There is no doubt that crime of all kinds has grown at an alarming rate over my lifetime. It has to be said that unfortunately most of the snowflake elite who run too much of Britain are in denial about that and about how to deal with it.

[Richard Drax]

Does my right hon. Friend agree that the best way to combat this level of fear is the sight of a police officer on the beat?

[Sir John Hayes]

Absolutely. The Queen’s Speech and the spending provisions that the Government have made allow for more police officers to be on the beat to tackle crime, to reassure potential victims of crime and to solve as well as to anticipate the incidents that cause so much misery.

The denial that I described is as plain as this: there are many people, including, I am sad to say, some people in this House, who simply will not face the fact that many of the people who commit crimes are cruel, vicious, heartless thugs and villains who deserve to be caught, deserve to be convicted and deserve to be locked up for as long as possible. That is what our constituents would say, and the fact that we do not say it frequently enough creates a gulf, at least in their perception, between what the people affected by these things, who live on the frontline, know and what people in this place think.

[Jim McMahon]

rose—

[Sir John Hayes]

The hon. Gentleman might be about to reassure me that he takes as hard a line on crime and disorder as I do.

[Jim McMahon]

I can certainly reassure the right hon. Gentleman that I have never been called a snowflake. He must accept that if he was to look back at the 1800s and at the type of crimes being committed then he would see just how many were done by people stealing to survive—stealing clothes to wear and food to eat. Accepting how much of today’s crime is driven by poverty and absolute desperation is not being a snowflake; it is understanding the underlying social causes that lead people to commit crime.

[Sir John Hayes]

Crime is caused by many things, but the idea that crime is an illness to be treated rather than a malevolent choice made by certain individuals has been the pervasive view of those dealing with crime—criminologists and so on—throughout the period I have described, and that view is out of tune and out of touch with what most people in the hon. Gentleman’s constituency and mine know and feel.

Of course there are many causes of crime. Earlier, I heard the shadow Minister describe her working-class credentials. No one in this Chamber could trump my working-class credentials, and on the council estate where I was brought up most people were law-abiding. It was ordered. I do not remember much vandalism, and there was certainly not much crime. People lived in relative safety. If we went back to that place now, I suspect none of that would be true. There would be a high level of drug addiction, a high level of family breakdown, a lot of lawlessness and all the symbols of disorder. That is just the stark reality, and it has to be addressed. This Government are trying to do so in the measures they have introduced in this Queen’s Speech, and those measures deserve support because they strike a chord with the sentiments of the people we represent.

I was delighted to follow the hon. Member for Sheffield South East (Mr Betts), who is always a thoughtful contributor to our considerations. He exemplified what was once taken as read: that the duty of people in this House is to make a persuasive argument, to attempt to offer a thesis and then to advance their case. I have to say that the shadow Minister stood in sad and stark contrast to that principle. It is not enough simply to string together a series of exhortations with a beginning and an end. That is not what proper consideration of measures in the Queens’s Speech or elsewhere should be about, and it does nothing for the quality or life of this Parliament.

The immigration Bill is also welcome, although I share some of the doubts expressed by my right hon. Friend the Member for Maidenhead. A points-based system is good in theory, but regulation and enforcement was certainly a challenge and we will need to look at that very closely. What is absolutely clear, rather as with crime, is that the liberal establishment in this country is out of touch with the views of most of our constituents. Most people in this country, in every poll taken on the subject, think that we have had too much immigration for too long and that it needs to be controlled. It is not contentious to say that; it is not controversial. It simply reflects what most people feel and know. Having said that, all advanced countries enjoy immigration because it is necessary sometimes to bring in people because of their skills and for other reasons.

[Karen Lee (Lincoln) (Lab)]

Does the right hon. Gentleman agree that many valued members of the NHS, doing valuable jobs, have come from other countries?

[Sir John Hayes]

I will conclude my remarks by simply saying this, Mr Speaker. Chesterton also said that at the heart of every man’s life is a dream. Queen’s Speeches should be about fuelling dreams, and my dream is of a better future for our nation.

[Mr Speaker]

Sadly, we have no further time either for Chesterton or, indeed, for the right hon. Gentleman.

Draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019

John Hayes Excerpts

Monday 18th March 2019 General Committees

[Sir John Hayes (South Holland and The Deepings) (Con)]

I will speak briefly, Mr Hanson, by way of an alternative to intervening on the Minister, because it will give her more opportunity to reflect on what I have to say, and I only really want to say one thing.

First, this statutory instrument, like many others that we are debating at the moment, changes an enforceable EU right into a retained enforceable EU right. That is the pattern of what we are doing, but it is really important that we recognise that while that is acceptable for a limited period—a transition period—it is not acceptable long term. We need to revise our thinking sufficient to satisfy the expectations of the population who regard our immigration policy as having been out of control for some time. Secondly, there is a need to skill our own people to do many of the jobs that have been done by EU migrants in recent times. Thirdly, I want to respond to the profound concerns that people in my constituency and others have about population growth. We are growing our population at something like a quarter of a million per year, and that simply cannot be maintained indefinitely. It places immense pressure on public services, it changes the character of the place in which we live very significantly, and people do not want any more of it.

[Michael Fabricant (Lichfield) (Con)]

rose—

[Sir John Hayes]

On that note, and without wishing to detain colleagues on the Committee unduly, I happily give way to my hon. Friend.

[Michael Fabricant]

I am very grateful to my right hon. Friend for giving way. He is showing the advantage of making a little speech-ette rather than asking a question, as it enables me to intervene on him. As one Administration cannot bind another, can he not be assured that something like this order cannot be everlasting forever?

[Sir John Hayes]

I am guided and informed, as ever, by the expertise and diligence of my hon. Friend, who brings both those things, among many other virtues, to all of his work and to our endeavours. He is right, of course, that leaving the European Union provides a chance—but no more than that—to reconsider what future we want to build. I do not want to open up this debate—indeed, you would not let me, Mr Hanson—except to say that my hon. Friend, as ever, makes an apposite, incisive and erudite contribution to our affairs.

With that—some might say excessively complimentary —response, I will bring my remarks to a conclusion. I simply seek the Minister’s assurance that the Government will indeed look afresh at these things. I do not say that we will change everything; of course we will not. We will continue those things that are right for Britain, and many are, but we would not want simply to plough on regardless.

Knife Crime

John Hayes Excerpts

Thursday 7th March 2019 Commons Chamber

[Victoria Atkins]

I thank the hon. and learned Lady for her question. I understand there are reports of a stabbing in Glasgow last night, and I am sure the condolences of the House are with the families and those concerned.

We are determined to act on the public health multi-agency approach. It was in the strategy published a year ago, and we are due to consult very soon on whether we should put into law that relevant agencies have the duty to collaborate and work together on this. One listens to doctors working in A&E departments talking about the data they can gather and provide to the police, which will then help the police target particular houses on streets in huge cities; precision policing is what it is called in New York and Chicago and places overseas. This sort of data can really help to protect those who may be victims, but also frankly help go after those who may be perpetrators and the gang leaders we are all determined to crack down on.

I thank the hon. and learned Lady for her support on this. We talk a great deal about the Glasgow model, and I for one am very pleased to be learning from it, and also from the experiences in Wales, where great work is being done on adverse childhood experiences.

[Sir John Hayes (South Holland and The Deepings) (Con)]

A national newspaper this week featured a smirking criminal outside court having been given a suspended sentence for a second knife offence. Will this Minister, whose tenacity is matched by her talent, disregard those who are blinded by the soft soap of self-righteousness and see what in the eyes of those living on the frontline of crime is as clear as crystal: that more of the thugs and gangsters who, through their criminality, punish the innocent, should be stopped, searched, charged and locked up for as long as possible?

[Victoria Atkins]

I thank my right hon. Friend for his kind words, and I am reminded of the many comments made about him in celebration of his recent knighthood. He makes an important point about sentencing. Of course, it is the judiciary who decide the sentences they impose on defendants as they appear before them in court, but we really must emphasise the importance of the public message on this for local communities living in the sorts of circumstances outlined by the shadow Home Secretary, where people fear for their sons and daughters. That is why we have introduced mandatory minimum sentences for those caught in possession of a knife on more than one occasion. We have asked judges to apply a minimum of six months’ imprisonment to such people to send out that very clear message that holding a knife is not acceptable, is not normal, and if you hold a knife in a public place not only do you put other people at risk, you put yourself at risk as well.

Deprivation of Citizenship Status

John Hayes Excerpts

Wednesday 20th February 2019 Commons Chamber

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

rose—

[Sir John Hayes (South Holland and The Deepings) (Con)]

On a point of order, Mr Speaker.

[Mr Speaker]

We have not got to points of order yet, but if the right hon. Gentleman wishes to pose an inquiry, having consulted his scholarly cranium, he is welcome to do so.

[Sir John Hayes]

I wanted to raise a point of order, Mr Speaker, but I am very happy to wait until you feel it is the right time to do so. I seek your advice, Mr Speaker: now or later?

[Mr Speaker]

No, no, what I was saying to the right hon. Gentleman, I thought clearly in terms that brooked no misunderstanding, especially by one of his perspicacious intelligence, was that now was not the time for a point of order, but if he wanted to put a question he could. If he wants to wait for his point of order, we will all wait with bated breath, beads of sweat on our brows and eager anticipation. Meanwhile I call Rehman Chishti.

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

John Hayes Excerpts

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

[Sajid Javid]

The hon. Lady refers to the policy on family reunion or bringing spouses to this country. The rules, which include a minimum income requirement, are the will of the House. They are what the House has previously decided in legislation, and I think it is fair to have rules on bringing spouses from abroad into this country and on family reunion. That is right, but it is also right that we constantly review the rules to make sure that they continue to be fair at all times.

[Sir John Hayes (South Holland and The Deepings) (Con)]

A part of being fair is dealing with matters promptly. When the former Labour Government were in power, about 15,000 people who were here illegally were dealt with every year and returned. That number fell to 5,000. Does my right hon. Friend aim to improve those numbers so that we actually deal, fairly and quickly, with people who are here illegally, rather than detaining them for a very long time in the sort of circumstances that were described earlier?

[Sajid Javid]

My right hon. Friend makes an important point. I think that the 5,000 number to which he refers is with respect to foreign national offenders only. When it comes to removing people from this country, or deporting them because they are here illegally, the number is, I think, a lot higher, but his point is important, and we need to make sure that we properly enforce the rules that we have in place.

--- Later in debate ---

[Sir John Hayes (South Holland and The Deepings) (Con)]

Each of our lives—all lives—is characterised by change and challenge. We attempt to rise to the second and cope with the first. How successful we are in that depends on context, individuals and circumstances. What is absolutely certain is that the familiar touchstones of enduring certainty, by accentuating what we know, affirm our personal sense of belonging and communal notion of identity.

In trying to build a society in which the things that unite us are greater than any which divide us, mass migration proves difficult simply because of its scale and the difference it makes. When communities quickly change beyond or nearly beyond recognition, people find it hard to cope. That was precisely why the people decided to say, as expressed through the referendum, that they wanted no more of free movement, and that was what the Home Secretary and shadow Home Secretary drew the House’s attention to. Of course, that was not the only thing that the referendum was about but, emblematically, what people saw as migration “out of control” became a proxy for not being able to command their own future and not being able to govern themselves.

Free movement has that problem at its heart. The idea that people can come here at will, regardless of need and of what they do when they get here, and can choose where they go and what their life is like thereafter, seemed to be at odds both with immigration policy before, which was based on applications, visas, needs and specificities of various kinds, and with what the people who are here already feel is fair and reasonable.

[Pete Wishart]

The right hon. Gentleman is correct that immigration was the cold beating heart of the case for leaving the European Union—there is no doubt about that. However, he is just making a traditional, right-wing Tory speech on immigration, saying that immigration somehow changes communities and drives down wages. Does he have even a shred of evidence to support all these lazy, right-wing Tory views about immigration? We have never seen any evidence.

[Sir John Hayes]

I do not mind being called a traditional Tory, but I am not so keen on “lazy”. If I am articulating that view and if it reflects a view that is held by many of my constituents and a large number of other people, I am doing the House a service.

[Caroline Lucas]

rose—

[Sir John Hayes]

I will give way in a second.

Trevor Phillips, the founding chairman of the Equality and Human Rights Commission, argued that there is a liberal consensus not to speak about such things. There is what he described—I do not know whether I am being unfair, but perhaps the hon. Member for Perth and North Perthshire (Pete Wishart) matches this description—as “touchy”, “smug”, “complacent” and “squeamish” unwillingness on the part of bourgeois liberals to address the issue. I do not know whether the hon. Gentleman is a bourgeois liberal, but I do know that the hon. Member for Brighton, Pavilion (Caroline Lucas) is, and I will happily give way to her.

[Caroline Lucas]

I am grateful to the right hon. Gentleman for giving way with the customary courtesy that we all appreciate so much—Hansard could perhaps put “sarcasm” in brackets there. To address his point, of course he needs to respond to his constituents, but would he accept that his constituents may have reflected such a view back to him because of things such as the poster put up by Nigel Farage during the referendum campaign that actually showed Syrian refugees while implying that that was something to do with freedom of movement being out of control? Perhaps he would be doing his constituents more of a service if he based his arguments on evidence, and the evidence, time and again, is that freedom of movement does not reduce wages. We need a Government who are willing to enforce a minimum wage. I wish this Government would do that, but that is not the fault of freedom of movement.

--- Later in debate ---

[Sir John Hayes]

To be clear, I started this contribution by saying that change and challenge were part of every life. Change is inevitable and constant, and advanced societies of course have people coming and going to and from them. Indeed, that has been the case in our country for a long time, but the level and extent of net migration into this country over recent years have been unprecedented. If we look at the numbers, over the past 10 years, roughly speaking in net terms, 250,000 migrants have entered Britain each year.

[Mrs Kemi Badenoch (Saffron Walden) (Con)]

Contrary to what the hon. Member for Perth and North Perthshire (Pete Wishart) says, as a first-generation immigrant, I know that it is wholly inconsistent to say that immigrants have not changed this country or communities in any way whatsoever. Sometimes there is positive change, and sometimes there is negative change—[Interruption.] The hon. Gentleman shakes his head in disagreement, but I am merely repeating his words. Does my right hon. Friend agree there are both positive and negative changes, and that we want more of the positive and less of the negative?

[Sir John Hayes]

I do agree, and part of that is about scale. Part of that is about the absorption of new peoples, about building the kind of common sense of identity that I called for, and about ensuring that what we share is more important than that which divides us, as I also said a few moments ago. If we are to build that kind of social cohesion and that civil harmony, it is important to recognise, as my hon. Friend says, the consequences of immigration, where they are both positive and less so. Many communities across Britain felt at the time of the referendum—using that as an expression—that some of the changes were not positive. That is partly because free movement tended to bring people to particular communities in the east of England, including in my county of Lincolnshire, and other similar places, so that the number of people who came was not spread out evenly. People were often concentrated in small towns that changed very radically very rapidly, and it is the extent of that change that causes some of the concerns that I have attempted to amplify.

[Brendan O’Hara]

Does the right hon. Gentleman agree that those of us in areas that have had a positive experience of immigration should continue to have the right to have that experience? Will he therefore back our call to devolve immigration to the Scottish Government so that we can continue to have that positive experience of immigration?

[Sir John Hayes]

I take the view that this is our sovereign Parliament, that Home Office policy should be made here, and that the Government govern for the whole of our kingdom. That may seem a bit unconventional to Scottish nationalist eyes, but it is certainly my view. As I recall, it was also the view of the majority of Scots when their opinion was tested in a referendum, so let us move on from the idea of devolving this policy.

As I said, the figures speak for themselves. There have been unprecedented levels of mass net migration for a decade. Of course, the fact that most of those migrants came from outside the EU goes back to the point made quite persuasively by the shadow Home Secretary, which is that this debate must be contextualised. We need to talk about migration as a whole, rather than simply immigration from the EU. Nevertheless, in the views of many, free movement became a totem for the kind of lack of control of our destiny and our borders that the EU embodies.

[Stuart C. McDonald]

What I did not do in my speech was to set out alternative ways of addressing some of the concerns that the right hon. Gentleman is raising, such as by investing in public services in communities where there has been migration and in integration strategies, and through proper labour market enforcement of standards and wages. Those are ways of addressing community concerns without the whole country having to cut off its nose to spite its face by ending the free movement of people.

[Sir John Hayes]

The hon. Gentleman is right that growing the population significantly creates great pressures on health, housing, roads and schools. He is right that public services struggle to respond to population growth of the kind that I have outlined, and it is time that we had what was described earlier as a grown-up debate about population growth, and its effect on the provision of public services and how they are funded.

However, the point that I really want to make is that the Government have only partly responded to that public call for tougher action. Returning to the figures that I quoted earlier when I challenged the Home Secretary, the number of failed asylum seekers removed from this country has fallen from 16,000 in 2005 to just 5,000—despite what the Home Secretary said, that figure does not include the returns of foreign criminals, although I understand that he made a genuine mistake in that respect—and the number of overstayers returned has dropped from 31,000 per annum to about 21,000 per annum. We are perpetually failing to deal with such matters as effectively and efficiently as we ought to, and that is actually rather unfair to the individuals concerned, because they sometimes end up in unacceptable conditions, whether in housing, in detention centres or wherever. It is actually fairer to deal with these things quickly, as previous Governments clearly did to a greater extent—I do not say that with any great relish.

It is also important to understand what this new White Paper is likely to lead to. There is a real risk that the focus on low-skilled migrants, and certainly on the one-year limit, may mask immigration figures. There is an argument for seasonal workers. The seasonal agricultural workers scheme is to be welcomed, and we should extend it to horticulture, but those workers tend to go home. They do not settle and they are not migrants; they are people who simply come to work.

Let us build an immigration system that is fair and that reflects public understanding of the need to build communities that cohere. And let us build a shared sense of Britishness; that should be at the heart of what the Government do.

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[Steve Double (St Austell and Newquay) (Con)]

It is a great privilege to follow the right hon. and learned Member for Camberwell and Peckham (Ms Harman), and I warmed to many of the points she was making. It is long overdue that we address the issue of indefinite detention.

I very much welcome this Bill as an important step in taking back control of our borders as we leave the EU. It is important that we deliver on this promise we made to the British people. Unfortunately, too many Members of this House seem to be reneging on promises they made to the British people at the last election. It is essential that we deliver on this promise to end the free movement of people and take back control of our own immigration policy. Beyond this Bill, which is just one step in that process, leaving the EU provides us with a once-in-a-generation opportunity to reset our immigration policy.

As we do that, it is vital that we are able to have a grown-up, mature and constructive debate about immigration. We have to avoid the polarisation that too often takes place, where people are either labelled as being for free movement and immigration, or against it and seeing it as a bad thing, because the reality is that it can be both good and bad. It is clear to me that, on balance, immigration has been good for our country. It is a very positive thing for our country, and we have heard many hon. Members make the point about the benefits of immigration to our economy. It has also been good for our nation in the wider context and has largely contributed to our being the richly diverse nation that the UK is today. But we also need to acknowledge that for some communities immigration has been a mixed blessing. If we do not listen to and acknowledge the legitimate concerns of communities who have seen the negative impacts of free movement affect them, we do the positive case for immigration a disservice.

There are some parts of our country and some communities where people feel that uncontrolled immigration has had a largely negative impact on their communities. It has brought about sudden change to the make-up, culture, nature and identity of those communities, and they see that as something that has been taken away from them. Although we should not be shy, as I have not been, in speaking up for the benefits that immigration has brought to our country, neither should we avoid addressing the challenges it has also created in some cases.

[Sir John Hayes]

My hon. Friend is right to highlight the public concerns about mass migration. In every poll taken, about 75% of people think immigration should be reduced and are concerned about the growth in population to 70 million over the next few years. Indeed, many think the Government should be going much further than reducing free movement and should be cutting immigration per se.

[Steve Double]

I am grateful to my right hon. Friend for his intervention, as he makes the good point that many UK residents believe that migration has to be brought under control and that the numbers need to be reduced. In leaving the EU, we have that once-in-a-generation opportunity to reset our immigration policy and manage it in a way that is right for our nation.

--- Later in debate ---

[Mrs Badenoch]

No, I am not interested in joining any nationalist party, but I thank the hon. Gentleman whose constituency I forget for inviting me to join. The fact is that if we are to have a calm debate about immigration, what we need are facts and figures, not smug self-righteousness, which is all that we get from those on the Opposition Benches.

I will continue on the topic of free movement, which is what this Bill is about. We all have different constituency experiences, which will have an impact on this discussion. I have had many positive discussions with Conservative Members. For instance, my hon. Friend the Member for Gordon (Colin Clark) talked about positive impacts in relation to immigration in his constituency. I listened to my hon. Friend the Member for St Austell and Newquay (Steve Double) talk about some of the difficulties that his constituency has had. We have both positive and negative experiences.

What creates the problem is when Members on the Opposition Benches, and perhaps some on these Benches, feel that only they have the best intentions and that anyone else who speaks with concerns is speaking from xenophobia and racism. That is absolutely wrong. We cannot think the very best of ourselves and the worst of anyone else who is not in our party, or who is not sitting on our side of the House. I am very, very willing, even as an immigrant, to hear arguments against immigration, because I know that immigration is a global issue. It is not a UK issue. Every single country in the world is talking about it. It is completely crazy for us to have this discussion as if it were a UK-only issue, or even an EU-only issue, and believe that no one else has the experience to be able to speak on it.

From the perspective of my constituency, immigration has, perhaps, an indirect effect. The north of my constituency has a huge biotech and pharmaceutical industry, and many of the arguments that people make there are very, very similar to those that have been made by SNP Members and by my hon. Friend the Member for Gordon and others, about the need to ensure that we continue to have a strong relationship with the EU—that is something that I support. Speaking as someone who was a former London Assembly member, I have also seen how immigration has an indirect effect on those of us outside London. My Essex constituency has seen a huge rise in house prices and house building, which is having an effect on its population in a very significant and profound way. It is not because loads of immigrants are coming to take on our jobs, but because lots of people who migrate to London raise prices and take up housing there, causing a push-out effect on other parts of the country, which we do not get the resources to deal with. As was mentioned by my hon. Friend the Member for Ochil and South Perthshire (Luke Graham), who is no longer in his place, we should be looking at trying to reduce the impact of negative consequences on places such as Saffron Walden and Uttlesford District Council.

[Sir John Hayes]

The point that my hon. Friend is making, and her willingness to tackle what Trevor Phillips described as the “liberal delusion” about the problems of mass migration, are important in respect of housing, because immigration is the single biggest driver of housing demand.

[Mrs Badenoch]

I thank my right hon. Friend for his intervention. We need to look at what is actually happening and to think of an immigration system that will work for the very north of our country as well as for the very south. There will not be a one-size-fits-all approach. I am very willing to listen to arguments from Opposition Members about how much they need it, but they also need to extend the same courtesy and not pretend that everyone on this side of the House, including people like me who grew up in Nigeria, are racist. That is completely mad.

--- Later in debate ---

[Tim Farron]

I am deeply worried about that. The hon. Gentleman makes a very good point that I am just coming to. The settled status scheme has been rolled out just this month, and with it has come the grotesque sight of families who have built their lives in the UK being forced to register just to carry on with their lives as normal. As the hon. Gentleman has just stated, every glitch in the technology—every moment that the computer says no—will have a devastating effect on people who should feel welcome here. Research estimates that one in 10 EU citizens could fall between the gaps and never be registered at all. People will get the wrong status as a result, which means more problems for them and massive problems for the Home Office years down the line. Mark my word: this is the beginning of a Windrush mark 2.

What will replace freedom of movement? Well, this Bill does not even really tell us. We have to guess, and businesses will have to guess. The Bill is silent on the very issue on which it is supposed to be legislating. It just extends powers to future Governments to do as they please—any future Government with any intentions, without any security or scrutiny from this House. Are we really supposed to trust the Home Office, no matter its future leadership, to do whatever it pleases on this vital matter—the very Department that brought us the Windrush scandal, with British citizens kicked out of their jobs and homes, and even locked up in detention cells, and that brought us the hostile environment of harassing immigrants in their homes, workplaces and even when they went to their local A&E?

[Sir John Hayes]

The hon. Gentleman, with typical straightforwardness, is making a case for the perpetuation of free movement. He believes in freedom of movement from the European Union, but presumably he does not believe in freedom of movement from New Zealand, Canada, Australia or the West Indies, which he has just spoken about. What is it about Europe that is different from those countries that have such historic ties with the United Kingdom?

[Tim Farron]

The right hon. Gentleman does not believe in freedom of movement of any kind whatever. I assume that he is a free-market Conservative. If he believes in the free movement of capital—in fact, if he believes in the free market at all—not to support the free movement of the people who are the backbone of any free market is absolutely ludicrous and does not stack up.

There is nothing in this Bill about Britain’s proud record as a humanitarian leader—nothing on helping people who have been persecuted around the world for who they are, what they believe in or who they love. I would have thought that the Home Office wanted to talk about how Britain is at its best when it looks after people who come to us, ask for our help and seek safety and sanctuary. I remain deeply affected and humbled by meeting parents in refugee camps who took appalling risks to shield their children from horrific danger. Many other Members have seen the same terrible sights, and we know what it means to those people to know that Britain is a safe haven. Yet the Bill is totally silent on this matter. Perhaps the Government do not want much scrutiny of their record on refugees.

Let me tell the House what this Bill could do if it were to follow Britain’s proud humanitarian tradition. It could let people work. At the moment, asylum seekers are barred from working. They cannot even earn to take care of their own families, and that makes it harder to integrate and harder to play a part in their own communities and economies—the very things that help every community to thrive. Let us fix this. If asylum seekers do not get a decision after three months, let us lift this ludicrous ban, and let them work and contribute. The Chancellor might be more interested than the Minister, given that this would bring a net gain to the economy of around £40 million every year. I am grateful to my hon. Friend the Member for Edinburgh West (Christine Jardine), whose Asylum Seekers (Permission to Work) Bill, which is before the House, calls for exactly that.

The Government’s Bill could also ensure that we do not lock people up indefinitely, as has already been mentioned by one or two right hon. and hon. Members. At the moment, immigrants can be detained with no idea of when they might be removed or released. This is unacceptable, unjust and un-British. At the very least, let us set a 28-day deadline on how long someone can be detained.

This Bill could also make sure that families are united, not separated. I have a private Member’s Bill, the Refugees (Family Reunion) Bill, before this House that would reunite refugee children with their parents. The hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), who is sitting in front of me, also has a Bill—the Refugees (Family Reunion) (No. 2) Bill—which has the same aim, but has a greater chance of getting passed. Why have the Government not accepted the proposal offered by either of us?

The failures of this Bill affect the local as well as the global. Last week, this House celebrated, with great gusto, Cumbria Day—a proud day for us all. But it masks a reality, which is that people in my constituency only earn roughly £20,000 pounds a year on average. Yet last year’s immigration White Paper suggests that we ban all migrants who earn less than £30,000 because apparently they will not have sufficient skills. The Government say that this would not have an impact on areas such as mine, but they have refused to say how they reached this conclusion, so let me attempt to draw the Government back into the real world, if that is possible.

The hospitality and tourism industry in Cumbria employs more than 60,000 people. It contributes £3 billion to the economy every year. It contains the Lake district and much of the Yorkshire dales. Outside London, we are Britain’s most popular tourist destination. About 10,000 of this vital industry’s workers in Cumbria are from outside the UK. My constituency has low wages, and it is a disgrace that over 2,000 local children are living in poverty, but it has only 270 people registered as unemployed. There is no untapped pool of local labour waiting to fill the thousands of vacancies this Government will force on our industry. It does not take a genius to work out that if we stop people working in the UK if they are on less than 30 grand, if the average wage in tourism is nowhere near that and if the local workforce is not big enough, we will damage, if not destroy, that industry by imposing these restrictions. It does not take a genius to work that out, which is quite useful given that this Government are singularly lacking in genius.

This Bill is heartless, but more than that, it is witless. We will oppose the Bill tonight. It is an awful Bill, which makes it all the more stunning that Labour’s Front Benchers will not oppose it.

--- Later in debate ---

[Jack Brereton]

No. I want to make some progress.

Freedom of movement did not result in tangible improvements to my constituents’ own quality of life and future prospects, even as it improved the quality of life and future prospects of those who found themselves entitled to move freely here. Free movement in practice worked instead as a mop for clearing up the EU’s chronic unemployment problem, suppressing wages here in exactly the kind of communities that I and other hon. Members were elected to represent.

[Sir John Hayes]

The chairman of the Migration Advisory Committee has made exactly that point—

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

He didn’t.

[Sir John Hayes]

Will the hon. Gentleman listen? The chairman made exactly that point. He said that the policy of free movement tends to perpetuate a low-skill, low-wage economy. That is precisely what we have ended up with, with a consequent displacement of investment in skills, in automation, in technology and in recruitment.

[Jack Brereton]

I totally agree with my right hon. Friend.

Certainly, Stoke-on-Trent South has some of the lowest average wage levels in the country, and we need to continue to build on the work we have been doing in government to ensure people take home more.

--- Later in debate ---

[Caroline Nokes]

I will come to some of the hon. Gentleman’s comments in due course.

At this time, we must be an outward-looking, global nation, and as my right hon. Friend the Home Secretary indicated, over the next 12 months, we will speak to a range of businesses and organisations across the country. The right hon. Member for Hackney North and Stoke Newington raised the specific issue of Irish citizenship and deportation. Of course, the UK has always had the power to deport or exclude Irish citizens, but in the light of the historical, community and political ties between the UK and Ireland, along with the existence of the common travel area, the approach since 2007 has been to consider Irish citizens for deportation only where a court has recommended deportation in sentencing or where the Secretary of State has concluded that owing to the exceptional circumstances of a case the public interest requires deportation. This approach is to be maintained.

Coming to Back-Bench contributions, it seems fair to kick off with my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), who mentioned football at length. Of course we welcome the contribution made by sports people to the UK. Our current visa arrangements are designed for elite sports people and coaches who are internationally established at the highest level, and whose employment will make a significant contribution to the development of sport. To support the sector, the Home Office works with recognised sports governing bodies to agree on an objective set of criteria against which elite sports people will be assessed. My hon. Friend made clear the importance of the premier league, not only to our society but to our economy, and I am absolutely committed to working alongside the Football Association and the premier league to ensure that that continues.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) spoke about detention, and specifically about indefinite detention. That issue was also raised by the right hon. and learned Member for Camberwell and Peckham (Ms Harman). The hon. Gentleman will be aware that 95% of those who are here without immigration leave are in the community, and I am sure that he will welcome the current Yarl’s Wood community pilot scheme. We are working with 12 women who would otherwise be in Yarl’s Wood to ensure that they are being supported. There is, of course, an automatic bail referral requirement for people who have been detained for four months, and we are now piloting a referral after two months. That will provide the judicial oversight for which so many have called.

The right hon. and learned Member for Camberwell and Peckham spoke passionately about detention. It is seldom that I say this, but I greatly enjoyed the opportunity to appear before her Select Committee, the Joint Committee on Human Rights, a couple of months ago. We had an interesting and challenging discussion about detention, and I hope I convinced her and her Committee that we are thinking very hard about the issue. It is right that we work to make the correct decisions, but detention remains part of our immigration policy. It is important for us to work on the immigration bail pilots and, of course, on detention in the community.

My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) spoke about the conventional view that we should have one immigration policy for the whole United Kingdom, and I absolutely agreed with what he said.

[Sir John Hayes]

Will my right hon. Friend give way?

[Caroline Nokes]

I am sorry, but I am not going to give way. I am conscious that I am very time-limited.

My right hon. Friend the Member for Broxtowe (Anna Soubry) made a point very early in the debate about fairness and language, and about the importance of not conflating asylum with immigration routes. She was, of course, absolutely right. I sometimes find it hugely frustrating when people conflate the terms “asylum seeker” and “refugee” and “economic migrant”. I have said before that we must be careful with our language, and the Home Secretary responded to my right hon. Friend’s intervention with an important observation about language and tone.

I am well aware that there are strong and passionate views about immigration on both sides of the House. I am grateful to my hon. Friend the Member for St Austell and Newquay (Steve Double) for saying, quite rightly, that we needed to have a mature and constructive debate, but he was also right to draw attention to issues in certain sectors of the economy. With that in mind, we are having a year of engagement on the White Paper, talking to representatives of different industries. My hon. Friend referred to agricultural workers in particular, but also mentioned the hospitality and tourism industry, which is so important to his constituency.

My hon. Friend the Member for Saffron Walden (Mrs Badenoch) spoke about migration from a non-EU perspective, and said that it was a global issue. She is absolutely right, and in the discussions that I have had with EU representatives—and, indeed, in my discussions last week with French representatives in Calais—they were keen to emphasise that migration could not be seen in isolation. We must look at the root challenges, and work together. When we leave the EU, we will continue to work with our friends and neighbours on the other side of the channel.

The hon. Member for Westmorland and Lonsdale (Tim Farron) said that we were making immigration policy with the slash of a pen, but he was far from correct. I would argue that he was whipping up scare stories when he tried to convey the message that the Government had said that EU citizens were not welcome. That directly contradicted the messages given in the House time and again by my right hon. Friend the Prime Minister, by my right hon. Friend the Home Secretary, and indeed by me. We want our EU neighbours, friends and colleagues to stay, and we have not only made the settled status scheme as straightforward as possible, but—as the right hon. Gentleman will now know—have made it free.

The right hon. Gentleman also spoke about asylum seekers having the right to work, and went so far as to suggest that my right hon. Friend the Chancellor of the Exchequer was more interested in the subject than I was. I would like to reassure him that just this morning I had a meeting with Stephen Hale from Refugee Action on this subject, and indeed on 24 October last year my right hon. Friend the Member for Meriden (Dame Caroline Spelman) held a debate on this subject in Westminster Hall, to which he did not contribute.

It is important that we look at the NHS, and several Members, including the hon. Member for Birmingham, Edgbaston (Preet Kaur Gill), spoke about NHS workers—nurses and care workers—and it is important that we continue to work with the Department of Health and Social Care to make sure there are sufficient routes into the NHS for those who contribute so much. I am very conscious that there are now 4,000 more EU workers working in our NHS than in 2016, and the hon. Lady will remember that last summer we lifted doctors and nurses out of the tier 2 cap threshold.

The hon. Member for Bristol West (Thangam Debbonaire) spoke about Refugee Action. She will know that I have a great deal of time and respect for her and the issues she has raised, and I hope very much to continue learning from her and the hon. Member for Stretford and Urmston (Kate Green); they often come as a tag team to give me a very hard time, but they do so with such charm and determination that I am sure we will continue to engage effectively with them. In the same way, through our engagement process we will continue to listen to businesses large and small, sectors like the universities, the National Farmers Union, the Royal College of Nursing and the CBI, which we have been doing to date, because of course the conversation on immigration has not simply started over the course of the last few weeks, but has been going for well over a year.

The hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil)—he knew I would get to him eventually—has spoken at length about voodoo politics. I have tried to take a positive out of something that everyone has said, and, given the headache I took tablets for earlier, I am sure he had his pins stuck into a voodoo doll of me. To add a little bit of levity, however, he would like to hold up Switzerland as an example of how individual cantons can run their own immigration policies, and indeed they can, but I gently draw his attention to the case of Nancy Holten, a vegan anti-cowbell campaigner who twice had her application for a Swiss passport refused by a referendum—we all know how keen we are on those in this place—and I am far from convinced that that is an effective immigration policy.

I am running out of time, but I would like to mention the contribution of my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), who spoke so movingly about his father-in-law the late Sir Reginald Eyre. As for the words of a Whip ringing in our ears, “There’s a vote; don’t you dare”, well, apparently Her Majesty’s Opposition have decided that there is a whip and they do dare.

The hon. Member for Birmingham, Yardley (Jess Phillips) has on many occasions had fairly brutal conversations with me and has raised some very important cases, which I will continue to work with her on; she does not shy away from tackling the difficult. She raised the issue of Henry VIII powers and the immigration rules. Of course, historically since the Immigration Act 1971 the immigration rules have been used to firm up immigration policy by Governments of all parties, and we will undoubtedly continue to do so, but if anybody thinks these do not get scrutinised, I would point them to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who always gives me a very hard time whenever immigration rules make it to a debate in Delegated Legislation Committee.

I fear that I have reached the end of my comments. I welcome the remarks about Rabbie Burns—a little bit of Scottish poetry always goes down well—and I reinforce the message that this has to be an immigration policy for the whole United Kingdom. We have set out powers that will enable us to make amendments to primary and secondary legislation, but that is crucial in ensuring that we align the treatment of EU and non-EU nationals and that UK law can operate effectively.

Let me conclude by thanking the hon. Member for Hornsey and Wood Green (Catherine West) for raising the tone of the debate. She spoke carefully and thoughtfully, and that makes a huge difference. We want an immigration system that works for the whole UK and we will be continuing the engagement. We will also phase in that system, recognising the importance of giving individuals, business and, indeed, Government, the time to adapt. I commend the Bill to the House.

Question put, That the Bill be now read a Second time.

Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2018

John Hayes Excerpts

Thursday 10th January 2019 General Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank the Minister for the meeting that we had yesterday to give us a bit more understanding of the instrument, to which the Labour party does not object. The Government have consistently failed to meet their targets for airport queue times, particularly at peak times. We support changes that will hopefully make passing through the border more efficient.

We are, however, concerned about the idea of low-risk individuals. Can the Minister account for why these countries have been chosen, and can she tell us what exactly the risk being evaluated is? The risk associated with travel and tourist stays is very different from that associated with short or long-term work visas. Does the Minister propose that we use the same metric for evaluating risk across all those different considerations?

As we know from the immigration White Paper published last year, the category “low risk” not only will affect who is allowed to use e-passport gates, but will be the basis for who is able to apply for a short-term low-skill work visa. We find that risk-based approach objectionable. First, in its own right it is discriminatory and against basic fairness to judge a person’s character on where they come from. The Government’s own data shows that, at least for students, 97% of migrants comply with the terms of their visas. Why should the actions of a very small number of people affect the opportunities for a whole nationality? Across all our institutions, the UK makes judgments about people at an individual level. We do not make collective judgments based on nationality.

Secondly, the approach is hypocritical. The Government proclaimed in their White Paper that the new system will not be

“based on where an individual comes from”,

but this risk-based approach does just that.

[Sir John Hayes (South Holland and The Deepings) (Con)]

I am listening to the hon. Gentleman’s contribution with care, but surely any Government would look at patterns in different parts of the world. If a pattern could be discerned for applicants from a particular place—be it a country or a particular part of a country—that intelligence would inform subsequent policy. Surely any Government would do that.

[Afzal Khan]

I thank the right hon. Gentleman for his question. I am asking the Minister precisely what criteria she is using. We want to have that clarity, which is why I am asking these questions.

Thirdly, there is the potential that effectively 10 or 15 different visa systems could come in to replace the two systems that we have at the moment. The more we segment migrants based on where they come from, the more complex we make the system.

--- Later in debate ---

[Stephen Doughty]

I too want to get back to it, Chair. I appreciate the intervention and I am sure the Minister will want to disassociate herself from the other comments made.

The Minister talked about reviewing capacity and also about potentially transferring up to 6.5 million people—I appreciate it will not be that many—into the e-passport gate system. However, I am not clear about how many additional e-passport gates will be installed at the key points of entry. It is all very well to have something under review as we look at capacity, but I have seen significant delays at e-passport gates. She talked about the arrangements on the other side of the channel in the Eurostar terminal in Gare du Nord and in Brussels. In Gare du Nord there are two sets of e-passport gates that someone has to go through and a series of other checks interspersed between. I have travelled through them on a number of occasions in recent months, and there have been breakdowns and delays. It was actually quicker to walk through the manual checking service than go through the e-passport gate. Unless there is additional capacity and extra e-passport gates, not only to cope with the additional people coming through but to deal with redundancy in the case of any breakdowns or technical malfunctions, I genuinely fear that there is potentially a serious problem. People will understandably opt for e-passport gates. I think they are a fantastic innovation, and I totally agree with what the Minister said about the technology and the digitisation of these services. We all want to see that, because it makes them more secure.

[Sir John Hayes]

That is a good point about capacity, and it needs to be considered in the context of this fundamental point: do we want to reduce immigration in overall terms or not? Immigration in this country has been at unsustainable levels for decades. That is not about where people come from, who they are or any or any of the things that were debated earlier. That will have an impact on capacity at airports in exactly the way that the hon. Gentleman describes. I thought that was a commonly held view across Parliament.

[The Chair]

Order. We are discussing passport gates, not levels of immigration. Again, I ask that we stick to the terms of this order. With that in mind, I call Mr Doughty.

Immigration: DNA Tests

John Hayes Excerpts

1st reading: House of Commons
Thursday 25th October 2018 Commons Chamber

[Sajid Javid]

I thank the right hon. Lady for her comments and for her work as Chair of the Home Affairs Committee, which rightly provides scrutiny of such issues. I hope that we have the opportunity to discuss the matter further at the Committee. As I have said, alongside the report that has already been done on this, we will be writing to the Select Committee today with further information that will be published for the whole House.

The right hon. Lady brought up the Windrush scandal, in which, as we now know, many people were wrongly treated. There is ongoing work in terms of lessons to learn from that. As I mentioned in my statement, the work that is being done independently, especially by Wendy Williams, is an important part of the wider review of structures and processes. In relation to Windrush, the right hon. Lady mentioned the Alex Allan review. The Cabinet Secretary is considering that issue, and we will shortly proceed with what we can and cannot publish on that.

[Mr John Hayes (South Holland and The Deepings) (Con)]

The Home Secretary spoke with alacrity and clarity about the need to get the system right and, in the words of the shadow Home Secretary, to make sure that it is both fair and robust. To that end, it is important that people who choose to offer DNA should be encouraged to do so, if it speeds up their cases. All of us across this Chamber have dealt with cases in which there have been long delays and people have been left in almost endless limbo. The voluntary provision of DNA might be a helpful tool for dealing with that. I hope that the Home Secretary will look at that in the review that he is about to carry out.

[Sajid Javid]

My right hon. Friend makes a very important point. It is good to remind the House that my statement was about the wrongful mandatory use of DNA evidence; as he says, DNA evidence can be a very helpful tool when it is completely voluntary. I understand that the Home Office has, in some cases, helped individuals to do that on an absolutely voluntary basis, because the provision of such evidence can help people, especially if they are in particularly distressing or difficult situations or they are otherwise vulnerable. I think it is helpful to point out that when someone chooses to provide DNA evidence, and it is purely their choice, that should be taken into account.

Ending Exploitation in Supermarket Supply Chains

John Hayes Excerpts

Thursday 18th October 2018 Commons Chamber

[Mr John Hayes (South Holland and The Deepings) (Con)]

Supermarkets have decimated high streets, destroyed livelihoods and distorted the food chain. The exploitation to which the hon. Member for Bristol East (Kerry McCarthy) drew the attention of the House is not an aberration and is not marginal to supermarkets; it is intrinsic to their business model.

In my lifetime—I should say my short lifetime—I remember parades of shops on council estates, like the one on which I was brought up, across the whole of the country; shops run independently by people who knew their customers and knew those who supplied them. They had an interest in ensuring that their practices were sufficiently ethical to maintain their customer base and to preserve quality relationships with their suppliers. In my lifetime, farmers and growers in my constituency could sell the goods they made to a variety of people in a variety of places. They could go to local markets. They could sell in local produce auctions. They could walk away from deals if they were not fair, reasonable and ethical. In my short lifetime—I emphasise that again, Madam Deputy Speaker—our high streets were vibrant places. Our towns and cities were made lovelier by the variety and particularity that one found there. Sadly, all of that is no longer the case. What Napoleon called a nation of shopkeepers has become a nation of automated checkouts with contactless cards. We are all worse off as a result.

I want to deal in particular with the exploitation that the hon. Lady mentioned, and which I have said is implicit in the food chain model we have created. It is inevitable that farmers and growers must sell to the handful of places available to buy their goods. A report issued in 2000 by the Competition Commission demonstrated that a business able to control as little as 8% of the market has sufficient means to engage in exploitative trading practices. The big supermarkets do not control 8% of the market or even double that. Combined, the five big supermarkets control the vast majority of the United Kingdom’s grocery market. That concentration of power, made worse by Tesco’s recent absorption of the wholesaler Booker, magnifies and exaggerates the potential for exploitation right through the food chain, with my farmers and growers in Lincolnshire unable to walk away from bad deals as they have nowhere else to sell their produce. We know what those bad deals look like: up-front payments and delayed payments for the goods that suppliers provide, and sometimes, suppliers being obliged to fund “marketing campaigns” on behalf of retailers. Payments are now delayed for an average of 45 days, which puts small and medium-sized businesses on the brink of survival, as the supermarkets routinely engage in these practices.

The Agriculture Bill is welcome. Clause 25 gives new powers to Government— thanks to the insight, will and vision of the Secretary of State for Environment, Food and Rural Affairs, no doubt—to take action against supermarkets that behave in the ways I have described. I have implored him to use those powers with alacrity and determination, for they are needed. The supermarket adjudicator, introduced when I was a Minister in the Department for Business, Innovation and Skills, has also made some progress, although I would like to see her powers extended and used more liberally.

However, we must do much, much more, because as well as the exploitative practices that the hon. Member for Bristol East raised and which I have tried to amplify, we must consider the character of our high streets. Most towns now suffer from out-of-town developments that draw people away from the small shops that remain. With footfall decreasing, fewer shops can survive, because they rely on busy town centres to attract their customers.

Hon. Members know the scene as well as I do in large parts of Britain, with boarded-up shops, boarded-up banks and decimation in many places. People who do shop at out-of-town estates are forced to drive there, as they can no longer walk or cycle to the shops. They are encouraged to buy in large volume because they visit the shops infrequently, so there is then the problem of over-purchasing and food waste. We are told that around 30% of the food purchased ends up being thrown away. Encouraging over-buying more than offsets the claim from supermarkets that they have driven prices down. They may have kept prices down, but people no longer buy what they need; they buy much more than they need and much of it goes to waste.

[Kerry McCarthy]

Food waste is not just about the food that has been bought; the issue exists throughout the supply chain. From farm gate to fork, between 30% and 50% of food is estimated to be wasted. A lot of it never even gets on to supermarket shelves, and that is an absolute scandal. If food waste was a country, it would have the third highest carbon footprint in the world.

[Mr Hayes]

The hon. Lady is absolutely right. There are any number of cases, for example, of suppliers having food rejected that they have grown to supply supermarkets, because it has not met the standard or because the supermarket has changed the volume that it requires. Much food goes to waste that was grown to meet the supermarket’s original need or requirement. That is another example of the sharp practice that I described.

The truth is that in constituencies across the country, this is the secret exploitation which dare not speak its name. Farmers, growers and food firms—primary and secondary producers—dare not say what I am saying today, because they know that if they did, they would no longer be permitted to sell their goods to the few people available to buy them. That is why the supermarket adjudicator finds it so difficult to get evidence. Even with the confidentiality that is part of her remit, people are still reluctant to tell the truth, because they so fear what the supermarkets might do in retaliation.

It is time for the Government to act. The Agriculture Bill is helpful—I was delighted when I read clause 25, as I said—but we need to think about planning reform. We need to encourage people back into town centres and to our high streets. We need to give the adjudicator additional powers to deal with these exploitative terms of trade. We need to protect the workers in supermarket businesses in the way that was highlighted by the hon. Lady, whom I congratulate on bringing this matter before the House. We also need to recognise that far from extending choice, supermarkets have restricted it. If the only place someone can go to buy their groceries conveniently and affordably is a single store in a single place, how is choice extended and protected?

The Government really need to step up, and no Minister is more capable of doing so than my great friend and Lincolnshire neighbour who will respond to this debate. I ought to pay tribute, too, to the hon. Member for Swansea East (Carolyn Harris), who will sum up for the Opposition, because she is also a friend—there is no favouritism here. I know that they will both want to use this opportunity to expose this dreadful secret, as I have called it—this thing that dare not speak its name, this exploitation at the very heart of all that supermarkets do and are.

Before I close—this case is so self-evident that its amplification demands brevity rather than loquacity—I want to say that around the corner there is another spectre: the amalgamation of two supermarkets, with Sainsbury’s and Asda coming together. I spoke a moment ago about the consolidation of the market that resulted from the takeover of Booker by Tesco. This further step would give the combined business 30% of the market. I call upon the Competition and Markets Authority, which did so little about the Booker case, by the way, and which I have written to recently, to recognise in the investigation that has been announced that further consolidation of the groceries market will be injurious to the interests both of consumers and of those who supply them, with all the ill effects for the workers and customers that have been highlighted in this debate.

Let me end—I am coming to my peroration, and I like to give notice of that so that enthusiasm can build—by saying this: two futures are available to us, and we must choose which path we take. We can once again have vivid, vibrant, vital, vivacious high streets, full of eclecticism and particularity and full of choice, or we can have the dull, deadening, draining ubiquity of supermarkets, of out-of-town megastores. That choice is available to us, but we will only choose the first, to the immense benefit of the people, if we are determined to take decisive action to make that come true.

There is a cruel deception—this is an easy thing to misjudge—that the future lies in hands other than ours, that it is pre-determined, that we are somehow simply acting out a script written for us. In fact, the future can be as joyful as we choose it to be, and if it is not fixed, influenced and shaped by the people in this House, we will be failing in our duty to pursue the national interest for the common good.

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[Mr John Hayes]

The hon. Lady is absolutely right. Does she agree that supermarkets have also extended the food chain so that it is now much less likely for someone purchasing a good to know its source? They pay lip service to traceability, but in a greatly extended food chain, exploitation is much more likely to occur.

[Carolyn Harris]

The right hon. Gentleman is absolutely right, and I totally agree with him.

Taking Indian tea and Kenyan green beans as examples, the research by Oxfam found that workers and small-scale farmers earned less than 50% of what they needed for a basic but decent standard of living in their societies. The report also found that the gap between the reality and a decent standard of living was greatest where women provided the majority of the labour. In South Africa, over 90% of surveyed women workers on grape farms reported not having enough to eat in the previous month. Nearly a third of them said that they or a family member had gone to bed hungry at least once in that time.

In Thailand, over 90% of surveyed workers at seafood processing plants reported going without enough food in the previous month. In Italy, 75% of surveyed women workers on fruit and vegetable farms said that they or a family member had cut back on the number of meals in the previous month because their household could not afford sufficient food. In less than five days, the highest paid chief executive at a UK supermarket earns the same as a woman picking grapes on a typical farm in South Africa will earn in her entire lifetime. That is simply not good enough.

Large UK supermarkets lack sufficient policies to protect the human rights of the people they rely on to produce our food. Supermarkets need to act on human and labour rights, support a living wage and radically improve transparency of their own human rights and those of their suppliers. This is vital if our supermarket supply chains are not to be a breeding ground for trafficking. We must be persistent on this matter. Unfortunately, we cannot depend on supermarkets to do this on their own. We need the Government to enforce compliance with the Modern Slavery Act 2015. They must set out how they will measure decent work practices, reform company law and support the adoption of a binding United Nations treaty on business and human rights.

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[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I thank the hon. Member for Bristol East (Kerry McCarthy) for securing the agreement of the Backbench Business Committee to hold this debate. We can all agree that it has been valuable and has sent out clear messages to the businesses and people involved in increasingly complex international supply chains about the expectations not just of the House, but of the public at large. Although the hon. Member for Cardiff East said—[Interruption.] Forgive me, I meant the hon. Member for Swansea East (Carolyn Harris)—I am causing all sorts of trouble in Wales, sorry. My shadow number was right to say that what we have lacked in number we have more than made up for in quality and the range of issues raised across this debate. I hope Members will excuse me if I do not manage to answer all their points, but I hope to tackle a great many of them.

We are all agreed that modern slavery is an invidious and destructive crime that affects some of the most vulnerable people in society. This Government are determined to end this injustice and eliminate this exploitation in our communities and in the global economy. Since the passing of the landmark Modern Slavery Act 2015, we have seen more convictions and arrests every year and increased specialist support for victims. There are currently more than 950 live investigations into accusations of modern slavery, and the Government will invest at least £61 million this year alone into work to end modern slavery in the United Kingdom and abroad.

The quality of today’s speakers will become clear as I attempt to answer many of their excellent points. The hon. Member for Bristol East set out the complexity of international supply chains, and I know that she and others support the Prime Minister’s call at the United Nations last year for us to end slavery by 2030. It is an ambitious target to set ourselves, but the Prime Minister has clearly identified a will within the international community to do that. More than 80 countries have signed up to the call for action, and a great deal of work is flowing from that effort.

The hon. Member for Bristol East also mentioned seafood from Thailand, and I am pleased that she and other Members took the opportunity to educate and inform the wider public as to some of the conditions that we are learning of when it comes to how seafood is extracted from our seas. In fairness, some UK supermarkets, including Tesco and Morrisons, are members of the Seafood Task Force, an industry-led coalition of retailers, Governments and NGOs set up to address the human rights abuses and seafood supply chains that the hon. Lady so clearly identified in her speech. If she will bear with me, I will deal with her other points later.

Moving on with great excitement to the speech of my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), my Lincolnshire colleague and dear friend in the House reflected in his usual stylish way on the changes to the high street during his “short” lifetime. He painted a picture of the high streets in our county as they were only a few years ago and then the differences that we now face, describing with chilling accuracy the business conditions that many of his and my farmers in Lincolnshire face at the hands of large supermarkets. He made particular reference to delayed payments. Since April last year, all large UK businesses have had a duty to report publicly on their payment policies, practices and performance, because the Government recognise the helpfulness of transparency in driving change. If he or any other Member is aware of supermarkets that are not playing their part, I ask them to let me and the relevant Ministers know, so that we can ask why they are not doing what they are obliged to do.

My right hon. Friend and other Members also mentioned the proposed merger of Sainsbury’s and Asda. The Competition and Markets Authority is investigating independently, but I am pleased to note that the Select Committees on Business, Energy and Industrial Strategy and on Environment, Food and Rural Affairs wrote a joint letter in early May to the CMA raising concerns about the impact that the merger would have on the grocery supply chain and asking for details on the approach of any investigation. The Secretary of State for Business, Energy and Industrial Strategy also wrote to the CMA in May to stress the importance of considering the possible impact on the supply chain, among other competition-related issues.

[Mr John Hayes]

I am grateful to my hon. Friend for her complimentary remarks, which were delivered with her usual style. Will she also consider making the groceries code statutory? The code is voluntary and is largely ignored. In my judgment, a statutory code would protect suppliers, with all the beneficial effects that that would have right down the supply chain.

[Victoria Atkins]

I hesitate to take responsibility for all the work of Government, as I fear that that is a matter for BEIS, but I will ask the relevant Minister to write to my right hon. Friend. Having listened to his speech carefully, I absolutely understand why he asked that question.

The hon. Member for North Ayrshire and Arran (Patricia Gibson) and the hon. Member for Swansea East both raised the important issue of women in supply chains, which I obviously take an extra interest in given my responsibilities as Minister for Women. Women and girls are often among the most vulnerable people working in global supply chains. They are more likely to be subject to sexual, mental and physical abuse, both within the workplace and while travelling to and from workplaces, and sadly they are regularly paid lower wages than their male counterparts. The Department for International Development is working to tackle the issue with its flagship initiative, the Work and Opportunities for Women programme. I know that acronyms are not allowed in the MOD, but the DFID acronym for that is WOW, and the programme will collaborate with British and global businesses, providing access to the latest expertise on women’s economic empowerment to improve outcomes for women and enable them to build more resilient, sustainable and productive supply chains.

Turning to transparency in supply chains, it is an uncomfortable truth that forced labour exists in the supply chains of products on our supermarket shelves, which is simply unacceptable. I welcome Oxfam’s research, which shines a light on the suffering of workers in supermarket supply chains. Agriculture and fishing is a particularly high-risk sector that is estimated to account for 12% of forced labour globally. Supermarkets and businesses in food supply chains clearly need to do more, but the truth is that no sector is immune from the risks of modern slavery. Almost all businesses will face the risk of modern slavery somewhere in their supply chains, which is why the world-leading transparency in supply chains provision in the Modern Slavery Act 2015 requires large businesses in the UK to publish an annual modern slavery statement.

Thousands of businesses are stepping up to the challenge and have published statements detailing the action they are taking to tackle modern slavery in their supply chains. Many are demonstrating their commitment by partnering with experts, changing their purchasing priorities and reporting transparently about what they have done. Companies such as the clothing company ASOS and the Co-op are leading the way in being open and transparent about where they have identified modern slavery risks and what actions they have taken to put them right and prevent the problem from happening in the future. For example, the Co-op’s modern slavery statement disclosed that it had identified a case of modern slavery on a supplier’s farm in Nottinghamshire. As a result of Co-op working closely with its supplier, the police, the Gangmasters and Labour Abuse Authority and the Salvation Army, the victim was safeguarded and the perpetrator jailed for eight years.

I am also pleased to see that more and more companies, including Marks & Spencer, Unilever and Tesco, are signing up to the employer pays principle and taking steps to ensure that workers in their supply chain do not pay exploitative recruitment fees, which can often lead to debt bondage. Although large companies that meet the relevant turnover threshold are obliged under the Act to issue a statement on their supply chain, we are finding evidence that that is having a trickle-down effect on smaller businesses that do not reach the turnover threshold. It is a positive thing that companies are being required by their larger business partners to meet those standards so that the larger businesses can issue a statement.

I am conscious that, although thousands of businesses are taking their responsibility seriously, too many are still publishing poor-quality statements or are failing to meet their basic legal obligations. Today, the Home Office has begun to write directly to the chief executive officers of all 17,000 UK businesses believed to be within the scope of the Act. We have made it clear what their obligations are and how they can meet them. There are no excuses for non-compliance, and those businesses that continue to flout their legal obligations should understand that they can expect to face far tougher consequences.

Members have rightly said that this is about not just companies publishing statements, but the quality of those statements. Having written to those companies, the Home Office plans to audit the statements at the end of this financial year and to name non-compliant companies after that date. That is a significant development in transparency.

We will also be establishing a transparency in supply chains advisory group, with experts from the modern slavery sector and from the business community, to help inform our approach to tackling slavery in public and private sector supply chains. Later this year, we will be revising the business guidance on modern slavery reporting, and businesses can now register on the modern slavery contacts database for guidance and resources to help them report effectively.

Of course, the independent review of the Modern Slavery Act, chaired by the right hon. Member for Birkenhead (Frank Field), my right hon. Friend the Member for Basingstoke (Mrs Miller) and a noble baroness, will consider how the transparency provision is working and what measures we can take to ensure it is as effective as it can be. I hope that that shows the Government’s direction of travel on this important issue.

The crucial action for these companies to take is to set meaningful targets, report on them and strive to make year-on-year progress in addressing these risks. We recognise that identifying and addressing modern slavery can be a complex task, which is why we are strengthening the guidance we are giving to businesses. We are also funding projects run by experts, including the Ethical Trading Initiative and Stronger Together, to support UK businesses in training their suppliers and addressing the risks in their global supply chains.

The Independent Anti-slavery Commissioner is an important part of this analysis, and hon. Members have mentioned the commissioner’s independence. As I have said in other debates, I have always found Mr Hyland to be incredibly independent and independent-minded, and I very much enjoy working with him. To reassure the House on this important appointment, we remain absolutely committed to the commissioner’s independence, and we are considering how this role can be further strengthened as part of the modern slavery review.

The Government recognise the importance of labour market enforcement and have continued to strengthen their response to exploitation in the UK labour market. We have created the role of director of labour market enforcement, who is responsible for producing an annual strategy that provides an assessment of the scale and nature of non-compliance in the labour market and sets strategic priorities for the three main enforcement teams in this field: the Employment Agency Standards Inspectorate, the Gangmasters and Labour Abuse Authority and HMRC’s national minimum wage team.

Sir David Metcalf took on the role in January 2017 and published his first full annual labour market enforcement strategy in May 2018. The Government are considering Sir David’s recommendations for the three enforcement bodies and will publish their response shortly.

We have also given the GLAA powers, equivalent to police powers, to investigate serious cases of labour market exploitation across the entire economy in England and Wales. Just last year, the GLAA conducted more than 100 operations, leading to more than 100 arrests for suspected labour market offences across a range of sectors, including construction, hand car washes and hospitality. The GLAA has also done some excellent work in partnership with businesses to raise awareness of the signs of modern slavery and to share good practice within the agricultural, construction and textiles sectors. For example, the GLAA has partnered with Sainsbury’s to deliver training sessions to its suppliers so it can better identify and manage risks in its supply chain.

Just outside my constituency in Lincolnshire, the GLAA has partnered with Boston College, an important college in our local area, to help educate young people not just to spot the signs of modern slavery in and around the fields of Lincolnshire, but to know their rights when it comes to their own careers and jobs. We need to get the message out that young people should not feel they need to accept jobs that pay poorly or in which the conditions are not acceptable. This is part of a programme of education that I hope will be followed up across the country.

Colleagues have rightly mentioned the seasonal agricultural workers pilot, and it is a key objective of that scheme to ensure that migrant workers are adequately protected against modern slavery. The GLAA will license the scheme operators, and the Home Office and the Department for Environment, Food and Rural Affairs will closely monitor the scheme to ensure that operators adhere to the stringent requirements we have set to ensure workers’ safety and wellbeing, including paying the national minimum wage as a minimum.

The Government recognise that we have a responsibility to use all the levers we have to tackle this crime. As for any business, there are risks of modern slavery in the goods and services procured by the Government and the public sector. We are already leveraging our buying power and requiring bidders for central Government contracts to certify that they are compliant with the transparency requirement in the Modern Slavery Act. In June, the Cabinet Office announced that the Government’s biggest suppliers will be required to provide data and action plans to address key social issues, including modern slavery. We are stepping up our activity to address modern slavery risks in our own supply chain, and we will be supporting the wider public sector to take action.

Of course, modern slavery is an international, indeed global, issue that requires a global response, which is why the United Kingdom is playing a leading role in tackling modern slavery away from our shores. At last year’s United Nations General Assembly, the Prime Minister launched a global call to action to end modern slavery, and more than 80 countries endorsed that call to action and pledged their support.

Building on that work, at this year’s UN General Assembly, the UK—in partnership with the US, Canada, Australia and New Zealand—launched a set of principles for combating modern slavery in supply chains. The principles set out the steps countries should take to prevent exploitation in both public and private sector supply chains. We are sharing lessons from our world-leading transparency and supply chains legislation with other countries, and Australia has looked to the UK for our experience and is now introducing legislation similar to ours.

We are also strengthening our bilateral relationships to tackle this crime. Those who take an interest in this area will know that, sadly, Albania features highly when it comes to the number of people referred to the national referral mechanism. Last week, I met the Albanian Deputy Minister and committed to an ambitious £2 million package to support victims to rebuild their lives and to deter vulnerable people from falling into the hands of traffickers in Albania. Today, we are launching the second round of our modern slavery innovation fund, which will make £5 million available for new approaches to tackle modern slavery globally, and just yesterday the UK held its day of action for the Amina project, a cross-Europe project to prevent child migrants from becoming child slaves.

Colleagues asked about the draft EU directive on unfair trading practices, and although the UK supports the broad aims of the draft directive, it is important to ensure that the measures in it are proportionate and appropriate for each member state, so we have argued for greater discretion for member states in how they implement the provisions.

I have also been asked about the UN guiding principles on business and human rights, and we are proud to have been the first country in the world to produce a national action plan responding to those guiding principles. As for the UN treaty, we are engaging in this process as part of the European Union and we are obviously carefully considering our approach to this proposed legally binding instrument.

To mark Anti-Slavery Day, buildings and businesses across the country will be lit in red tonight to raise awareness of this scourge on society, including buildings in Whitehall, Marble Arch in London, Cardiff City Hall—I apologise to the hon. Member for Swansea East—and the Etihad stadium in Manchester. That will raise awareness and give the message that this problem affects us all and that we should take an interest in this incredibly important issue.

To eradicate this crime from our communities and economy, Government, businesses and society need to work together. We should continue to be ambitious in our expectations and approach. No production line, however far reaching, should ever involve the exploitation of human beings, and we are determined to ensure that the rights of those who grow and produce our food are valued and defended.

Counter-Terrorism and Border Security Bill

John Hayes Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 11th September 2018 Commons Chamber

In Committee, the Minister spoke about internal reviews of Prevent. Fine, but let us have a full statutory review as well, and make the improvements that are needed to our efforts to tackle counter-terrorism.

[Mr John Hayes (South Holland and The Deepings) (Con)]

I hear what the hon. Gentleman says about Prevent, and welcome his warm support for its principles. I am glad that he has been to see its programmes, as I did when I was Minister for Security. He makes a useful point about the oversight of Prevent and about measuring the implementation of the Prevent duty. He will remember that we introduced that duty when I was the Minister. The duty affects a wide range of organisations, but the evidence suggests that its effectiveness varies across them. It would seem to be useful to take a look at that, but I would not call that a wholesale review; rather it is measuring its effect.

[Nick Thomas-Symonds]

I am grateful to the right hon. Gentleman for his intervention. I know the work that he did in this area. I have seen the Prevent duty in operation, both on visits as a shadow Minister and in my constituency, as it happens. I appreciate his point about whether a statutory review is justified. Clearly, we are talking about an aspect that could be taken into account in a statutory review, but wider issues to which I have already referred could also be taken into account. A statutory review would give us the opportunity to re-evaluate the programme fully, to look at those communities that have lost confidence in it and why, and to improve our ability to tackle counter-terrorism.

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[Dr Johnson]

I am afraid that—[Interruption.]

[Mr Hayes]

It may be—I do not say this with any acrimony—that the hon. and learned Member for Edinburgh South West (Joanna Cherry) is letting her pro-European prejudices get the better of her understanding of security. The truth is that, as she will know, we draw on a variety of sources of information. It is true that we use the Schengen database, but only as part of the network of information that we gather across all kinds of borders and from all kinds of sources to help to inform our intelligence and security services. The likelihood of that changing as a result of our departure from the EU is being exaggerated by those who have a different agenda.

[Joanna Cherry]

Name a country that has the same access.