Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020
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The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
I beg to move,
That the Committee has considered the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020, No. 61).
It is a pleasure to serve under your chairmanship, Ms Nokes. The regulations were laid before the House on 30 January and were introduced under section 11 of the European Union (Withdrawal Agreement) Act 2020. They provide the important right of appeal against immigration decisions on citizens’ rights under the European settlement scheme.
The regulations are required to meet our obligations under the withdrawal agreement, the European economic area European Free Trade Association separation agreement, and the Swiss citizens’ rights agreement. The Government have been clear about our commitment to protecting the rights of EU citizens, European economic area citizens and Swiss citizens who have made this country their home. They are our friends, family and neighbours, and we want them to stay. The appeal rights provide further reassurance that those citizens remain welcome and can continue to live and work in the United Kingdom.
The regulations do two things. First, they establish appeal rights against a wide range of decisions that affect a person’s right to enter and live in the UK under the European settlement scheme. That includes those who are refused leave under the scheme, or who are granted pre-settled status rather than settled status, as well as those who are refused entry clearance in the form of an EU settlement scheme family permit or travel permit. The regulations also provide an appeal route for those whose rights are restricted under the scheme, for example if their status is revoked or curtailed.
Secondly, the regulations ensure that existing rules and procedures are applied to the operation of appeal rights. They go further than the withdrawal agreement requires, by providing appeal rights in line with the UK’s more generous domestic implementation. That means that anyone who can make an application under the scheme, including non-EU family members, will have a right of appeal if they are refused status or granted pre-settled status.
Under the regulations, appeals will follow the same process as current immigration appeals. They will be heard by the asylum and immigration chamber of the first-tier tribunal and, with permission, there will then be a further onward right of appeal to the upper tribunal on points of law. The exception is where the decision is certified on national security grounds or where sensitive information cannot be made public. As with current immigration appeals, those cases will be referred to the Special Immigration Appeals Commission. As I am sure the Committee is aware, that is similar to provisions in other areas of immigration law.
The regulations are undeniably complex because of the number of situations requiring a right of appeal under the agreements and the need to apply existing and complex rules on appeal rights. We are committed to making the appeals process as simple as possible for applicants, however. The decision letter will tell them whether they can appeal and will direct them to the relevant information on gov.uk. Support is also available by phone, in person or in writing for those without access to online facilities or who need additional assistance.
The regulations ensure that we comply with the requirements of the agreements and are an essential part of our commitment to protecting the rights of EU citizens. I commend them to the Committee.
Kevin Foster
It has been an interesting debate, and I appreciate the support of Opposition Members. My remit does not quite extend to the Swedish passport system, so I will have to keep my remarks rather limited on that.
I start by responding to the hon. Member for Garston and Halewood. There have been more than 3 million applications and now just over 3 million determinations, and so far we have had 900 requests for an administrative review. While there is no appeal right, people who disagree with a decision can still request that review. With 900 reviews after 3 million determinations and well over 3.2 million applications—I accept that people would not apply for a review until they had got their decision—we felt the number of appeals was likely to be low. Where people have additional evidence, the logical process for them is to make another free-of-charge application to the settlement scheme. As the deadline is June next year, they have plenty of time to do that and get the status they believe they are entitled to. To be clear, if someone reapplies because they think they should have settled status rather than pre-settled status, that does not prejudice the pre-settled status they have been given. I am conscious that Members might ask whether if someone reapplied, it might prejudice the status they had been granted. The answer is no.
For those who applied before 31 January, the way to gain an appeal right is to make a reapplication to the settlement scheme. That is free of charge for anyone; there is no supplementary charge for making another application. We felt that struck the appropriate balance, because an appeal would have a charge to it, and in most cases, if there is a need to present additional evidence, it is easiest to do that through another application. To be clear, anyone who has a right to apply to the EU settlement scheme, including as a Zambrano carer and in the other examples given, may avail themselves of those appeal rights. On legal representation, the position is similar to that for use of appeal mechanisms in other immigration law.
On the system being engulfed, any member of the Committee or of this House who is interested in how the process is going is welcome to pay a visit to Liverpool. We are happy to arrange for people to visit and see what the teams are doing. Hon. Members would see that, far from being engulfed, the teams are working quickly through the largest documentation of immigration status in UK history, providing many people with certainty and assurance.
Kevin Foster
I would say it is probably slightly more cumbersome and somewhat more costly to apply for another nationality than to apply for free to the EU settlement scheme—to provide basic proof of identity and of having lived in the United Kingdom, which a person could literally do with a letter they have received. When I visited the team in Liverpool, someone was using as evidence a letter they had received about their tax payment from Her Majesty’s Revenue and Customs. That was combined with an identity card and checks on criminality. I should be clear that a very, very small number of people so far have been refused on criminality grounds. EEA citizens have been a valuable part of our community, and we should not define them by a small number of offenders. That letter was being used for pre-settled status, as that person had only just moved to the United Kingdom, but it is a lot easier to apply for settled status than to get citizenship of another country.
Fair points were made about Home Office funding for the 57 organisations not going beyond March. We expect to make an announcement on that very soon, which will provide some certainty for those operations.
Louise Haigh
I would be grateful if the Minister could be a little more definite on the timing. Those organisations are laying off people as we speak, which is hindering their ability to reach the most vulnerable groups.
Kevin Foster
Certainly within a week or two, we expect we will be able to confirm the position. The furthest I can go this morning is that it is our intention to continue providing support beyond the end of this month.
A valid question was asked about whether people can exercise their freedom of movement while there is an appeal outstanding. Rights continue when someone has an appeal outstanding. There is no detriment, for example, if a person leaves the United Kingdom to travel; that would not be held against them on appeal.
I have been through the points raised. I am very grateful for the support offered by Opposition Members. I hope the Committee will approve the regulations to ensure that we have an effective system of appeal, based on the principles that we use across our immigration system. We want all EU, EEA and Swiss citizens who live in our country to know that they are valued members of our community, and we want them to stay.
Question put and agreed to.
Oral Answers to Questions
Kevin Foster Excerpts(4 years, 9 months ago)
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Stephen Flynn (Aberdeen South) (SNP)
The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
Immigration is and will remain a reserved matter. This Government will introduce a points-based immigration system that works in the interests of the whole of the United Kingdom, including Scotland. Applying different immigration rules to different parts of the UK would significantly complicate the immigration system.
Stephen Flynn
The Australian Immigration Minister stated last November that regional visas
“can play an important role in helping to address regional skills gaps and grow local economies.”
As migration is the only reason Scotland’s population continues to grow, does the Minister agree that Scotland would benefit from this Australian approach to immigration, rather than the one-size-fits-all one of this UK Government?
Kevin Foster
We have asked the independent Migration Advisory Committee on several occasions to look at the case for applying different immigration arrangements to different areas of the UK. It has consistently recommended against this, and I think Members in this House will realise why it would make no sense, for example, for a plumber from Gretna to be unable to take on jobs in Carlisle.
Joanna Cherry (Edinburgh South West) (SNP)
New Zealand, Switzerland and Canada are just some of the other countries that, like Australia, operate a tailored regional immigration system without any need for internal borders, so what possible rationale is there for claiming, as the Prime Minister did last week, that to operate a Scottish visa would require a hard border between Scotland and England?
Kevin Foster
Again, we have made it very clear: the independent Migration Advisory Committee has set out in its report why it does not recommend this type of approach. Ultimately, we do not want to see borders at Berwick just to satisfy a separatist obsession. Our goal would be to have a system that works and drives success in Scotland, and that means being part of a wider, stronger United Kingdom.
Joanna Cherry
I think the only people satisfying a separatist obsession at the moment are those on the Conservative Benches with their hard Brexit.
Let us try again on this mythical hard border, shall we? The United Kingdom has an open land border and shares a common travel area with the Republic of Ireland, which operates an entirely distinct and independent system. That does not necessitate a hard border, so why should a modest Scottish visa mean a hard border between England and Scotland? Let us have an answer to the question for a change.
Kevin Foster
Let us be very clear: the Migration Advisory Committee has advised against such a system. It would create complexity, with businesses having to work out which staff were on one visa and which were on another. Ultimately, we will be guided by independent advice, but I will be absolutely clear: this Government will create a migration system that works for Scotland and drives success in Scotland, but will not drive separation for Scotland.
David Duguid (Banff and Buchan) (Con)
Can the Minister confirm that this Government will indeed design and implement a new, fit-for-purpose global immigration system that works for all regions and nations of our United Kingdom, and that, of course, Members on the SNP Benches have as much right as any Member in this place to work with the Government to help to achieve that?
Kevin Foster
Absolutely, and the suggestion from the Scottish Government that it would be implemented via the Scottish tax code is rather defeated by the fact that Scottish Members of Parliament are on the Scottish tax code but work across our United Kingdom, and rightly so. So, yes, we will work with interest groups across Scotland to make sure this system works for Scotland as part of our United Kingdom, on a points-based basis. Again, we will focus on what works and what is successful, not on what pleases the separatist grievance agenda.
Cat Smith (Lancaster and Fleetwood) (Lab)
Carol Monaghan (Glasgow North West) (SNP)
The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
We will shortly confirm our policy on migration, and we will of course continue to have discussions across Government with the European Union to determine future status here in this country.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
Sir Edward Leigh (Gainsborough) (Con)
Kevin Foster
I share my right hon. Friend’s concerns, and we have been clear that people should make their asylum claim in the first safe country they reach. We work under the Dublin regulations and we will continue to discuss our future participation in that regard, post-Brexit, but we will be tackling this because we want to end the scourge of trafficking that puts so many lives at risk.
Shabana Mahmood (Birmingham, Ladywood) (Lab)
Deportation Flight to Jamaica
Kevin Foster Excerpts(4 years, 9 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr David Lammy (Tottenham) (Lab)
(Urgent Question): To ask the Home Secretary, as she leaves the Chamber, if she will make a statement on the suppression of the Windrush lessons learned review and its implications for the deportation flight that is set to leave the country on Wednesday.
The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
Righting the wrongs suffered by the Windrush generation has been an absolute priority for this Government. People who arrived in this country as little more than infants, and who built lives and raised families here, were told they were no longer welcome. That should never have happened, and it was a terrible mistake by successive Governments and by the Home Office.
Since these injustices came to light, the Government have moved swiftly to give those affected the certainty they need. That is why we set up a taskforce to help people confirm their status. I can confirm that over 8,000 people have been granted some form of documentation, including over 5,000 grants of citizenship, under the scheme.
We have also launched a compensation scheme to address the financial hardship suffered by those left unable to work or unable to access other support systems. To ensure nothing like this ever happens again, the previous Home Secretary commissioned an independent lessons learned review.
In recent days, news coverage has referenced extracts of a draft report, which were leaked in June 2019, in the context of a planned deportation charter flight to Jamaica. I am not going to comment on leaks, but let me be very clear that the lessons learned report has not been suppressed. The report has yet to be submitted to Ministers by the independent adviser, Wendy Williams. It will be for the Home Secretary to publish her report once it has been received.
It is vital that we allow Wendy Williams the time and space to produce her report without political interference. When it is available, the Home Office is committed to publishing it as soon as practically possible and will take its findings and any recommendations very seriously.
With regard to tomorrow’s charter flight, the Home Secretary is required by law to issue a deportation order for anyone who is a serious or persistent foreign national offender. It does not matter what part of the world they are from. Whether it is the United States, Jamaica, Australia or Canada, it is criminality, not nationality, that counts.
That legal requirement is set out in the UK Borders Act 2007, which was introduced under a Labour Government, and I remind the right hon. Member for Tottenham (Mr Lammy) that he was a member of that Government and did not, as far as I can recall, raise objections at the time to the Act’s provisions.
We cannot breach the Act, and we will not allow foreign nationals who are convicted of the most serious offences, including rape and child sexual abuse, to remain in Britain. Tomorrow’s flight is about keeping the public safe, and it cannot and should not be conflated with the wrongs suffered by the Windrush generation.
Mr Lammy
I regret the tone with which the Minister has responded to this urgent question. It is two years since there was consensus in this House on how the Windrush generation had been treated in this country. This is a generation of people, thousands of them, who came to this country after the second world war and gave so much but took so little.
Let me just remind the Minister: 164 people were detained and deported, which the Government say they got wrong. On the back of that, 5,000 people were denied access to public services, healthcare, pensions and education—all that they were entitled to. Against that backdrop, he is correct that the Government rightly set up the independent lessons learned review led by Wendy Williams. In the wake of that, they suspended flights to Jamaica. The question today is why have the Government resumed those flights?
In light of the scandal of people who arrived in this country as children, how can the Minister guarantee to the House that there are not people on this flight who are actually British nationals? In the wake of the leak, in which Wendy Williams herself says Ministers should not deport people under the age of 13, can he confirm that there are people on that flight who arrived in this country aged two, three, five or 11? He gives the House the impression that they are murderers and rapists, but he knows that many of them were convicted of non-violent offences.
We in this House cannot condemn county lines and those who would pimp young black children in this country and, at the same time, send those same children back to Jamaica for such drug offences. So I ask the Minister: when will we see this lessons learned review? It was promised in March last year. It was then delayed until September. We are almost two years on now, and people watching see the way in which this Government hold in such disrespect the contribution of West Indian, Caribbean and black people in this country. When, when will black lives matter once again?
Kevin Foster
Let us start with the review and when it will come. Ultimately, this is an independent review and the timing is in the hands of the reviewer. Ministers cannot compel it to be produced by a particular date. Let us be clear: on the status check, there are no British nationals on that flight. Let us also be clear that the foreign national offenders on the flight have been sentenced to a total of 300 years in prison. As we said, the offences relate to everything from sex offending to serious drug trafficking offences, violent offences and firearms offences. That is what is happening in this instance and, aside from two cases, it is based on legislation passed under a Labour Government, in 2007. To define the Windrush generation by this particular group of offenders is truly wrong. The Windrush generation should be defined by the midwife who delivered hundreds of babies; the person who travelled thousands of miles, worked hard and provided for their family for decades. The line being adopted by the Opposition now is remarkable: that somehow that generation is defined by serious or persistent criminal offenders who are being deported from this country. Many listening to the exchanges this afternoon will think that the Labour party not only lost an election, but lost the plot as well.
Henry Smith (Crawley) (Con)
Does my hon. Friend agree that it is important that the views and feelings of victims of crime are taken into account in our criminal justice system and how it operates?
Kevin Foster
Yes, I do. Given the provisions of the law that have been in place for the past 13 years, many will expect that when someone is convicted of a type of offence that many of those on this flight have committed, deportation may well proceed. Let us be clear: drugs are not a victimless crime; we need only look at the death rates, particularly the tragic figures we had last year in Scotland, to see their impact. As I say, the law is there and the law is clear, and it is not a “might”, a “may” or a “could”; it was legislated in 2007 that it was a “must” issue a deportation order.
Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
The public will note the very dismissive attitude that the Minister has taken to the serious urgent question from my right hon. Friend the Member for Tottenham (Mr Lammy). One problem with this deportation flight is that it is not clear how many people on it came to this country as children. The Minister said he will not comment on leaks from the Windrush lessons learned review. Will he accept that the Stephen Shaw review of detention suggests we should not deport people who came here as children? Is the Minister aware that some of the proposed deportees have, in effect, been held incommunicado because of problems with the mobile signal in their detention centre? Is he aware that one thing the Windrush scandal teaches us is that, when we deport people in this way, we need to be absolutely certain about their immigration status? Clearly, none of them are of the Windrush cohort, but some of them may be the children and grandchildren of the Windrush cohort, which would have made it difficult for them to establish their nationality. Is the Minister aware of the very real concern in the community about this mass deportation flight? His dismissive attitude suggests an altogether dismissive attitude to the concerns of the community and what is problematic about this mass deportation flight.
Kevin Foster
I agree with the shadow Home Secretary that it is right that extensive checks are made before people are listed for deportation on a flight such as the one we are discussing. Let us be clear: these are offenders who have been through the courts and sentenced. There will have been opportunities to make representations against their removal and, as the right hon. Lady will know, there are exemptions in the 2007 Act that apply in respect of, for example, the refugee convention or the European convention on human rights. Those matters have been considered and many of the offenders have lodged appeals. Again, I am clear that the public would look at this debate and say that these are persistent or serious criminal offenders. The law is clear and it is a statutory “must” that the Home Secretary make a deportation order. The law is applied based on the criminality, not the nationality, of the offender. There are regular deportations to many other countries around the world. We will consider the review, but we will also be clear that victims and the public have a right to be protected from serious criminals.
Several hon. Members rose—
Mr Steve Baker (Wycombe) (Con)
Surely voters throughout the country for all parties would expect serious and persistent offenders to be deported in accordance with the law. Will my hon. Friend tell the House the minimum threshold at which somebody becomes classified as a serious and persistent offender, so that we can understand the criteria being applied to put people on these flights?
Kevin Foster
Normally, the definition of a serious offence would be one that has attracted a sentence of 12 months in prison. On persistence, the nature of the offences would be considered. There is not a particular number that somebody would have to hit; it would be about the nature of their offending patterns. As my hon. Friend says, the public would expect serious or persistent offenders who are liable to be deported under the 2007 Act to be removed from this country unless the exceptions apply.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
I agree that it is hugely troubling that the lessons learned review has not yet been published. It is totally unacceptable that this charter flight could proceed before all the lessons of Windrush are learned. Windrush should change everything; instead, the Home Office carries on as if nothing has changed.
Will the Minister admit that the flight will include people who were entitled to British nationality—including one individual who was in the care system—but could not access it because of complicated and expensive nationality procedures? When will access to British citizenship finally be made affordable and simple? Does the Minister accept that many on the flight have a far stronger connection to Britain than to Jamaica? As Stephen Shaw would put it, many are more British than they are Jamaican. Will the Minister confirm that the flight will leave 41 British children separated from their fathers and nine British citizens without partners or husbands? Is it not time to look at the legislation again?
Finally, written answers confirm that the Home Office has taken absolutely no interest in what happened to the people on its last charter flight to Jamaica. Is that not the height of irresponsibility?
Kevin Foster
Again, I am clear that we have checked that there is no one on the flight who would be eligible for British citizenship or nationality. We would not be able to deport them if they were. The cases have been through the courts. Again, I should make it clear that the law is very clear, the offences committed are very clear and we are very clear that the Home Office applies the rules based on the criminality, not the nationality, of the offender.
Suella Braverman (Fareham) (Con)
Does the Minister agree that shrill virtue signalling and faux outrage ignore the political and legal realities of the issue? My parents emigrated to the UK from Commonwealth countries in the 1960s and could have been caught up in the Windrush issue. Thankfully, they were not. The Government have apologised for this issue and are taking remedial action on it. Will the Minister confirm that British citizenship is a privilege, not a right? Those foreign national offenders who abuse their time here need to face the full force of the law.
Kevin Foster
Clearly, those with British citizenship would not be liable for deportation, but my hon. Friend is absolutely right. We should not define the Windrush generation by a group of people who have committed serious offences or been persistent criminal offenders. The Windrush generation is the midwife who delivered hundreds of babies, the person who worked hard to provide for their family—that is who defines that generation, not serious offenders.
Marsha De Cordova (Battersea) (Lab)
The Minister’s tone and his response to this urgent question have been quite shameful. My constituent came here from Jamaica when he was five years old and all of his family lives here. He is set to be deported on this flight tomorrow, having served a seven-month custodial sentence in 2015. Given the leaked “lessons learned” review issues, is it not right that the Minister, the Home Secretary and the Government take stock and halt this flight just to make sure that they do not inflict any further harm? This mistake has been made before—people were deported and they ended up dead.
Kevin Foster
Yes, we do want to make sure that we prevent further harm—further harm to future victims of crime that may be committed by the persistent or serious offenders who are on this flight. As I have said, the law is very clear. It is rather strange that a Conservative Minister should come under this type of attack, as we are defending and outlining legislation that was actually pushed by the Labour party.
Sir Desmond Swayne (New Forest West) (Con)
What is the most trivial offence that has been committed by those who have been put on this flight?
Kevin Foster
It would not be right for me to go into the details of the offences that individuals have committed, yet I can say that those on board include people who have been convicted of rape—rape of children—firearms offences, and serious drug offences. As I have said, the legislation is clear about what the exceptions are, and, again, those will have been assessed before the final deportation notices were issued.
Daisy Cooper (St Albans) (LD)
The Joint Council for the Welfare of Immigrants says that it has become aware that potential victims of trafficking have also been served with removal directions. Will the Minister please confirm with a clear yes or no whether there will be victims of human trafficking on this flight?
Kevin Foster
Any claims made for the protection routes will have been assessed, but, again, we are talking about a planeful of people who have been sentenced to a total of 300 years in prison and have committed serious offences. Decisions are based on the exceptions under the UK Borders Act 2007, and that is the law with which we will comply.
Vicky Ford (Chelmsford) (Con)
A number of my Chelmsford constituents have written to me about this case. I am sure that my hon. Friend is aware of the court case that was heard in Chelmsford last year regarding protesters against a previous flight. With that in mind, and given that we do have a legal duty to deport persistent and serious offenders, can he assure me that he personally has looked at each individual case, and that each one involves a persistent or serious offender?
Kevin Foster
Yes, I have been through the manifest, but it would not be appropriate for me to discuss individual cases on the Floor of the House. Let me be clear: the decisions on all these cases will have been based on professional assessments, on the law and on where they fall around the exceptions, including things such as the right to a family life under the European Court of Human Rights.
Clive Lewis (Norwich South) (Lab)
“Never again” we were told by those on the Government Benches when they were dragged to this place over the first Windrush scandal. Now we are hearing that lessons learned in that report are again falling on deaf ears. Ultimately, we on the Labour Benches know that this Windrush case is state-sanctioned racism, and it has given permission to racists across this country to attack people day in, day out. When will the Minister understand that this flight must be stopped, or on his head be it?
Kevin Foster
Well, I do listen to some of the comments from those on the Opposition Benches. It would be on our head if we stopped the flight because we would not be complying with our legal duties. We would be seeing persistent and serious offenders remain in this country when they should have been deported under an Act passed by a Labour Government. I must say that many people listening to this will agree with this Government that it is the criminality, not the nationality, that should be determining what happens in this case.
Steve Double (St Austell and Newquay) (Con)
Does the Minister agree that the legal duty on the Government to do the right thing to keep the public safe by removing serious criminals from this country is completely separate from our duty to do the right thing by the Windrush generation who helped to rebuild this country after the war?
Kevin Foster
I could not have put it better myself. The Windrush generation has made a huge contribution to this country, and it is absolutely unbelievable that some on the Opposition Benches want to define them by a group of foreign national offenders who have been sentenced to a total of 300 years in prison. It is truly remarkable.
Janet Daby (Lewisham East) (Lab)
A number of those facing deportation tomorrow were found guilty of drug-related offences and have served their time. Meanwhile, we have a Prime Minister who has said that he took cocaine, which is a class A drug. Is it one rule for some and another for others?
Kevin Foster
No, it is a law that looks at the criminality, not the nationality, of the offender. It is safe to say that possession would not meet the threshold for deportation set in 2007, with the support of some Members sitting opposite me.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
Will my hon. Friend confirm that the people on the flight tomorrow are not only serious or persistent offenders, but all adults who were convicted as adults and not as young offenders?
Kevin Foster
One of the exemptions under the Act to having to make a deportation order is where the offender was under 18 when they were convicted, but there is no one under 18 on the flight tomorrow.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
Will the Minister provide the House with some facts, in particular the individual sentences and the offences of those on the flight; the age at which they came to this country; and whether any of them were affected by the lack of mobile phone coverage, which the Home Office recognises was an issue?
Kevin Foster
The offences all meet the threshold for deportation set under the 2007 Act by the Government the right hon. Lady was a member of. Their cases, including whether there are ECHR rights that apply, have been considered by the courts. We are clear that they have committed serious offences or been persistent offenders, who qualify under the Home Secretary’s legal duty. This is within the law, and, as we say, it is about criminality, not nationality.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
Is not the point that there is a difference between foreign nationals who come to this country, who make a contribution and who are law abiding and those who are serious or persistent offenders? Can my hon. Friend confirm that the offences committed by those on the flight include manslaughter, rape, drug dealing and robbery? These are serious and persistent offenders.
Kevin Foster
Yes, these are all serious or persistent offenders. The offences committed by those on board include rape of minors, rape of adults and serious drugs offences. That is why we are required to issue a deportation notice.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
How many of the people scheduled to go on the flight have had their mental state assessed? A number of them are vulnerable. After what happened in the Windrush scandal, does the Minister think it is fair to continue to treat people in this way?
Kevin Foster
Anyone entering immigration detention is assessed as part of our adults at risk policy where there is a concern, but let me be clear: these are people who have been through the criminal justice process, some on a number of occasions; they have completed sentences and are now liable under the law to deportation. They have been judged on their criminality, not their nationality, but there are exemptions provided for in the 2007 Act.
Alex Chalk (Cheltenham) (Con)
Parliament in 2007 passed legislation to require the Government to deport those guilty of serious or persistent offences. In those circumstances, does my hon. Friend agree with me that, were the Government not to do it, they would be liable to judicial review?
Kevin Foster
My hon. Friend raises an interesting point. As he said, we are under a legal duty to make the deportation order based on the criminality, not the nationality. Potentially, we would have to answer to future victims if we adopted the policy that is advocated by Labour Members now but not supported by some of them when their party was in government.
Lilian Greenwood (Nottingham South) (Lab)
As my right hon. Friend the Member for Tottenham (Mr Lammy) noted, in the Windrush scandal British citizens have been wrongly deported. Why will the Minister not consider the possibility that the deportations should be suspended until the lessons learned review has been received and considered?
Kevin Foster
We have considered whether any of the people involved would benefit from protections under the Windrush scheme. The answer is no, none of them is a British citizen or British national. Ultimately, we have a legal duty to remove serious or persistent criminal offenders, some of whom have committed appalling crimes in this country. I recognise the legal duty this Government have, as does the Home Secretary, and we will fulfil it.
Alicia Kearns (Rutland and Melton) (Con)
I thank the Minister for confirming that all those set to be deported are not British nationals. Does he agree that it is right that we can deprive foreign offenders of British citizenship when they harm and endanger our communities? Drug offences are not some unconscionable crime, they are serious —look at the scourge of county lines. Can he confirm that the majority of foreign offenders are in fact deported to the EU?
Kevin Foster
It does have to be said that the majority of deportations are to the EEA, and, as I touched on in my initial answer, we deport criminals who meet the thresholds regularly every week to a range of countries. As we keep on saying—I will say it again—it is the criminality, not the nationality that determines the outcome in each case.
Abena Oppong-Asare (Erith and Thamesmead) (Lab)
One of the individuals facing deportation tomorrow came to the UK aged five. He committed a crime aged 17 and did the time many, many years ago. Is it fair to punish people for mistakes they have already paid for?
Kevin Foster
When Parliament passed the UK Borders Act 2007, under the proposals of the then Government it would have considered whether it is appropriate to apply deportation orders to those who are serious or persistent offenders as part of the penalty for the crime. I believe the vast majority of the public think that is right.
Scott Benton (Blackpool South) (Con)
Does my hon. Friend agree that attempts to play party political games with the Windrush scandal are shameful, especially given the fact that a National Audit Office report recognised that the hostile environment dated back to 2004 under the previous Labour Government?
Kevin Foster
I think it is extraordinary to see people wanting to conflate a group of foreign national offenders who have been sentenced to a total of 300 years’ imprisonment with a generation who have made such a huge contribution to this country. The Home Office will be guided by the law, not party political points.
Nadia Whittome (Nottingham East) (Lab)
Does the Minister agree that if the lessons learned review that was leaked is correct, in deporting 50 people tomorrow the Government will be going against their own recommendations in their own report, which has reportedly stated that those who have lived in the UK since childhood should not be deported?
Brendan Clarke-Smith (Bassetlaw) (Con)
Does the Minister agree that the Opposition should focus on the appalling criminal behaviour of the perpetrators, and not on the Government for simply implementing the law?
Kevin Foster
I thank my hon. Friend for that point, and I think many people across many constituencies will be stunned by the attitude that some Labour Members are taking today.
Stephen Timms (East Ham) (Lab)
Will the Minister confirm that 50 people are booked on the flight to Jamaica tomorrow, and will he tell us how many of those have been in the UK since childhood?
Kevin Foster
I will not get into individual cases or numbers, but I am clear that all those due for deportation meet the legal threshold supported by the House in 2007.
Ben Everitt (Milton Keynes North) (Con)
I think we need to clarify that we are in a situation where Opposition Members are seemingly campaigning against Labour policy, so does my hon. Friend agree that foreign nationals who have committed serious crimes in Britain should be in no doubt about our intention to deport them?
Kevin Foster
Absolutely. Those committing criminal offences in this country should have no doubt that I and the Home Secretary will ensure that they face the penalties prescribed by law, and they will be judged on their criminality, not their nationality.
Alison Thewliss (Glasgow Central) (SNP)
As the chair of the all-party parliamentary group on immigration detention, I am deeply concerned by some of the implications of this flight. The Minister did not answer the question from the Chair of the Select Committee, so can I ask whether he is aware of the outages of phone signal at Harmondsworth and Colnbrook immigration removal centres exposed by Detention Action, and whether all the people on the flight had access to functioning mobile phones so that they might access legal representation?
Kevin Foster
It has to be said that one of the people on the flight did a TV interview this morning, so there is provision for communications. Again, we have met the legal thresholds and the legal test. Ultimately, this is about whether we wish to deport serious or persistent offenders who have committed a range of offences. Many people will be watching with astonishment the attitude on the Opposition Benches.
Claudia Webbe (Leicester East) (Lab)
Can the Minister tell us whether any of the people scheduled for deportation tomorrow have had access to legal advice and representation?
Kevin Foster
As I have touched on, they have all been through the criminal justice system. Many have had quite extensive legal provision afterwards, and they have been assessed on everything else. I say yet again that we are complying with the law set in 2007. The hon. Lady can shake her head, but it is the law that her Labour predecessors voted for.
Catherine West (Hornsey and Wood Green) (Lab)
What reassurance can the Minister give us that those who needed legal aid had access to it, given the background of cuts to legal aid over the last 10 years?
Kevin Foster
In the criminal process, there would have been opportunities to access legal aid. We have met our legal duties, and we have met the appropriate assessment around whether any of the individuals meet any of the exemptions. Ultimately, these are serious or persistent criminal offenders who, in some cases, present an ongoing threat to people in this country. We will put our legal duties first and protect the public, despite the calls from the Labour party.
Shabana Mahmood (Birmingham, Ladywood) (Lab)
I deeply regret the wilfully obtuse attitude taken by the Minister and others on the Government Benches regarding this issue. He should not hide behind the 2007 law on deportation when he knows full well that our concerns relate to our expectation that the independent review will say, when it is published, that those who came to this country as children should not be deported. This flight should not go ahead before that review and its recommendations are officially published in full. Surely he can see that that is the only way we will know that we have not deported our own citizens.
Kevin Foster
I repeat that there is no British citizen on that flight, and the potential eligibility for Windrush protections has been checked. As a Minister I remember that not so many months ago we were getting lectures from the Opposition about following the law and the rule of law, but now we are hearing the argument that we should not. We are not hiding behind the 2007 law; it is our duty to implement the 2007 law. It is really quite extraordinary to see the reactions from the party that brought it in.
Kate Green (Stretford and Urmston) (Lab)
Will the Minister describe to the House exactly how the Government have carried out their duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to ensure that any child affected by an immigration decision has their welfare properly considered? Does he know how many of those who are leaving the country on this flight have the care of, responsibility for or close family relationships with children in Britain?
Kevin Foster
When matters have been raised around family or dependent children, they have been professionally assessed before the decision has been taken to put someone on a deportation flight. Of course, when that is done, the nature of the criminality and the offences of some of those involved will be taken into account.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
The problem with all the Minister’s answers is that he is asking us to trust a Department and a system that have been found to have had repeated and costly failures. He admitted to me himself in answer to a written question just a couple of weeks ago that the Home Office had wrongly detained 312 people at a cost of £8.2 million in compensation in just one year, 2018-19. That was up from 212 cases, costing £5 million, in 2017-18. He still refuses to give us the statistics on wrongful deportations and the costs associated with them. When will he come clean about how much money the Department has paid out for wrongfully deporting people—including, as it has done in the past, one of my own constituents?
Kevin Foster
Let me be clear about the facts of tomorrow’s flight, which are: a total of about 300 years of sentences of imprisonment for those on board, the nature of the offences committed and the existence of the legal duty. The Government will follow the law. Our system is based on criminality, not nationality. Ultimately, the real failure would be if we left the public to face the consequences of our not removing some persistent and serious criminals.
Windrush Compensation Scheme (Expenditure) Bill
Kevin Foster ExcerptsMonday 10th February 2020
(4 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Rob Roberts
My hon. Friend pre-empts me; I was about to refer to his speech. Unlike some comments we heard earlier to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), asking what the Home Office will do to help these people, my hon. Friend the Member for Wycombe (Mr Baker) has taken this on, found the information himself and gone about the work directly to try to offer the help his constituents need. I completely agree with him.
The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
I will keep it brief, Mr Deputy Speaker. I am more than happy to make a commitment to put out a “dear colleague” letter of the nature my hon. Friend describes.
Rob Roberts
I am very grateful to the Minister for that commitment.
As I mentioned earlier in my speech, Windrush was a terrible mistake that should never have been allowed to happen. The fact that people could live in this country for so long only for them and their families to face such daily hardships is undeniably unacceptable, yet the efforts put in by my right hon. Friend the Home Secretary to ensure that mistakes are being remedied are a great step towards ensuring that those impacted will see the compensation and security they deserve.
In winding up, I would like to echo the sentiments of my hon. Friend the Member for St Austell and Newquay (Steve Double). I admit to my regret that up in leafy north Wales, before this terrible situation was brought to light, I had never heard the term Windrush, but I have over the past few years had occasion to look into these events. As my hon. Friend said, the individuals and families who came to the UK all those years ago came at our request to help us when we desperately needed their help. Their sacrifices and selfless acts deserved much more than we gave them and the events of this scandal have shamed us all. As many Members have stated, today and previously, we unreservedly apologise. I hope the Minister, in his closing remarks, can assure me, and those in my Delyn constituency who may have been impacted by Windrush, that he is planning to take the advice given by the lessons learned review, that he can reassure me that people should not be in any doubt about their status in this country, which they have called home for so long, and that they will, of course, see the compensation that their individual cases deserve.
Dr Rupa Huq (Ealing Central and Acton) (Lab)
It is a pleasure to follow my hon. Friend the Member for West Ham (Ms Brown) and to be the last Back Bencher called in this thoughtful, sometimes passionate and always informative debate today.
The word “Windrush” used to have positive connotations, but in the past couple of years it has become symbolic with fiasco, catastrophe and, above all, scandal. I used to teach courses on post-colonial Britain, and I remember showing monochromatic slides of the SS Empire Windrush docking, with all those faces full of expectation and those people coming to make a positive contribution, with a new life in the motherland, and bursting with pride. These were brave pioneers, who went on to rebuild the nation and its public services from the post-war rubble and ruin, including as NHS nurses; my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) mentioned her own mum. These were people in our city and working on London Transport. I remember that at the height of John Major mania, if there was such a thing, they uncovered the bus conductor, a lady from Lambeth or Camberwell garage—one of the two—who had picked John Major for the post of bus conductor back in the day. So how did we get from all that positivity and expectation to a place where, as my right hon. Friend the Member for Tottenham (Mr Lammy) said, this word is synonymous with national scandal? People who were legally in Britain and had been here for decades were denied basic rights. People were denigrated, detained and deported.
I am proud to be one of the 170 Members who signed a cross-party letter demanding that tomorrow’s forced deportation flight is withdrawn. I will not go into tons of detail on that issue because we had an urgent question on it earlier, but I am still none the wiser about when the lessons learned review will see the light of day. The demands of the letter are fairly modest. We know that, in line with the leaked review, there should be a pause in the process until the lessons are learned, so the sequencing seems all wrong. We still do not know when that review is going to come out. As has been said by my hon. Friends, people with no ties to places are being sent tomorrow to “destination unknown”—people who have families here are being wrenched away from them.
We are addressing the compensation scheme in this debate, so that is what I shall turn to. There are still victims out there who need justice. The process of an 18-page form that needs 44 pages of guidance to complete it is seen as onerous. The Government talk of compensation, but it feels like implementation is a slow, protracted and burdensome process. All the burden is on the claimant, who must often prove the unprovable. People feel unsupported. The “Dear colleagues” letter that the Minister sent around this morning said that Citizens Advice will be the partners in the process. In the London Borough of Ealing we have 360,000 residents—it is the capital of west London—but we do not have a citizens advice bureau. What is the mechanism for somewhere like that?
Many people are just completely unaware of the scheme, or are unwilling to make contact because of the connotations of the hostile-environment climate that the Government have fostered. The Home Office is often seen as a dirty word in immigrant homes. We are all constituency MPs as well, and week in, week out we see at surgeries the Home Office’s incompetence, with a bit of someone else’s case pasted into the letter a constituent has brought before us. People are waiting for years on end and told that it is a “complex case”, a term that I noticed the Home Secretary used in her opening remarks. It seems pretty tawdry for people who have been waiting for years and years to be told it is a complex case. The Home Office is the Department that is meant to administer the scheme and, as many of my colleagues have said, there is a level of mistrust and distrust if that same Department is judge and jury. I welcome the fact that the Minister mentioned in his note this morning that there is to be some independence, with a QC being introduced to the process, but we need finally to disentangle the two.
Kevin Foster
To be clear, Martin Forde QC, who is the independent adviser, is already in place, but we are looking to go through a recruitment process for the permanent appointment.
Dr Huq
I am grateful to the Minister for that and welcome his point. As I say, it looked a little vague, so I am pleased that we have got a bit more vagueness out of him this evening. We await to see the detail and what that turns into. Independence is a good thing in a process such as this one when there is historical distrust between these communities and the Minister’s Department.
Others have cited these figures: of the 1,108 applications —8,000 were expected—only 36 have led to anything. The £64,000 sum sounds very low for people who have had years and years of loss of earnings. Again, there is the issue of proving the unprovable. We have heard today that there are people who served in our armed forces for 10 years, yet that is not sufficient proof for whatever the hoops are that the Home Office wants people to jump through. It just looks like it is being done in a perfunctory way, almost to deter people from applying.
Where is the national media campaign? The Home Secretary talked at the beginning of the debate about doing travelling road shows, which I have yet to encounter in my own borough. Was it before or after the illegal Prorogation that £140 million was spent on the Get Ready for Brexit campaign, to excite people in a politically motivated, partisan, propaganda way? It contravened the civil service code, but all the complaints seemed to get swallowed up in the swirl of the general election. We need some sort of advice campaign for this scheme so that people know about it, because people out there are unaware of it.
As we all know, 60 million Brits woke up the other day without the right to live, work and study in 27 other EU nations as part of the greatest democratically accountable trade zone that the world has ever seen. Currently, record numbers of people with British passports are applying for other passports. The highest number is the 94,000 last year alone who applied to the Republic of Ireland, but people are even applying to other countries to which it used to be unknown for Brits to apply. Some 4,800 French passports have been applied for. That does not instil us with confidence that ours is a gold-standard passport anymore. When the Windrush generation have been waiting for years and years, that just adds insult to injury.
There are worries that other categories of people may be at risk from similar difficulties with the Home Office and the mix of cruelty and ineptitude that we have seen with this particular scheme and policy. The House of Commons Library briefing lists Chagos islanders, EU citizens and a whole load of other people who may fall into this category. A million people have applied for the EU settlement scheme, but we can already see people falling through the cracks, because that scheme is way short of where it should be. The Chair of the Public Accounts Committee, my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier), said at the beginning of the debate that 160,000 people could be eligible to apply for Windrush compensation.
We should remember that this entire scandal cost the scalp of a Home Secretary. The massive governmental failure we have seen in respect of the relatively small numbers—in the thousands—caught up in the Windrush scandal should be a warning against demonising communities without ID. Additional burdens are now being created just for people to go and put an X in a box every five years—the Government are insisting on extra documentation just for voter ID—but we know that 3.5 million people do not have any sort of photo ID. It all bodes very ill. If we really are learning lessons, we need to take heed, especially as to date there has been only one conviction for election fraud in the 2017 general election. I await to see the figures from the recent general election, but it is all part of a pattern, is it not? It looks more hostile environment than one nation Government, which is what they claim to be.
To compound things, the Windrush generation are the people who faced those “No dogs, no blacks, no Irish” signs when they came to this country. Between the original 492 passengers who set sail on the SS Empire Windrush back in June 1948 and right up to 1971, many other people came from the British empire—I think the number is nearly half a million, including my own parents, who came in 1962 from the former East Pakistan. For all those people, all these things are a great worry. We are talking about compensation, but it looks like it is not forthcoming for a lot of people. The wheels of justice are being extremely slow to turn.
At a time when other London boroughs seem to be doing away with things such as Black History Month, I am proud that in my own, the London Borough of Ealing, we have had a Windrush flowerbed in our flagship park, Walpole Park, since 1998. It was re-consecrated or renewed—whatever is done to parks; it is not religious—in 2014. There is a sense that black history is being belittled by all these things. In the neighbouring Tory boroughs, Hillingdon and Wandsworth, they have done away with black history week and are calling it diversity week, which is not the same thing. All these things are not just for a week; they are about lives and livelihoods. I am incredibly fortunate that in my borough we have on a Friday the Acton Anglo Caribbean lunch club, members of which have been affected by the Windrush scandal, although I will not go into individual cases. We also have their kids, who have formed a group called Descendants, and the WAPPY youth group.
I welcome the extension of the timeframe to 2023 and the element of independence that we have talked about, and Labour is obviously not going to oppose the Bill because it is a money Bill that allows compensation, but the scheme is still woefully inadequate. Only 3% of Windrush claimants have received compensation and the scheme falls pitifully short of all the expectations on it. Even the Home Secretary herself, in her own words, and the Government, in their “Dear colleague” letter this morning, as good as admitted that they are continuing to fail the Windrush generation. That is all wrapped up in this whole hostile environment policy, which has created a climate of fear, so that people do not want to come forward. After all, this is the Government who sent “Go home or face arrest” vans all around the London Borough of Ealing.
The Government will not end the Windrush scandal until they completely do away with the hostile environment policy. That means they must repeal the Immigration Act 2014, which overturned legislation that had been in existence since 1973 and that was relatively liberal on freedom of movement.
Right at the start of this debate, the Home Secretary said that this is about ruling out inaccuracies. Many people do not have tons of confidence in this Government and in this Department, especially as it took people of the press—people such as the journalist Amelia Gentleman and campaigner Patrick Vernon—to shine a light on these murky waters in the first place. As I have said, this matter has already claimed the scalp of one Home Secretary. What we need is a proper restorative justice attitude—not something that is perfunctory. The Government may have achieved a stonking great majority, with dozens of new oven-baked MPs, but I hope that they do take heed of what we have been saying about the principle of restorative justice. They could introduce a flat-rate scheme with room for those who have complicated cases. They need to treat this as what it is—a genuine injustice and scandal—rather than in a deport first, ask questions later, too little, too late, inhumane way, which is what this woefully inadequate scheme appears to do.
The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
I congratulate the shadow Minister, the hon. Member for Streatham (Bell Ribeiro-Addy), on her first speech at the Dispatch Box. It was an assured performance with well-thought through points. It is safe to say that we have had an important and wide-ranging debate, touching on a range of issues relating to the Bill. Although I will not be able to respond to every single point, it is perhaps worth my responding to a few of them.
I noticed that both the shadow Home Secretary and the shadow Immigration Minister referred to the fact that we have not put this scheme on a statutory basis. Let me be clear about this: it is to allow a degree of flexibility around the rules where it is necessary. For example, in October, following feedback from stakeholders and claimants, we allowed a broader range of immigration fees to be refunded. Last week, following feedback from stakeholders, from the independent adviser and, to be fair, from members of the shadow team as well, we extended the period by two years, and altered the mitigations. Again, we are keen to engage with stakeholders and the independent adviser about future changes that may need to be made. That is we why we are not keen to put this on a statutory basis and put it all into a piece of primary legislation.
There were comments about the 8,000 taskforce applications, and the fact that, so far, only 1,100 are being followed up with a compensation claim. It does not automatically follow that someone who has secured documentation through the taskforce will then be instantly entitled to compensation. However, we clearly want to reach out, as we want to encourage people to make contact with the compensation team if they believe that there is a claim to be made.
We had a running theme throughout the debate of people who do not necessarily want to attend an event run by the Home Office, understandably in some cases, or to make direct contact with the Home Office. Some favoured approaching a trusted Member of Parliament in their local community. We are very clear that none of the information provided to the Windrush teams will be used for the purposes of immigration enforcement. We are quite happy to arrange for Windrush taskforce and Windrush compensation teams to engage directly with Members of Parliament, if they so wish, and with their constituents, and we are very clear that none of that information will be used for immigration enforcement.
Helen Hayes
The Minister is right to say that many of the Windrush citizens are fearful of approaching the Home Office because of what it might mean for their immigration status now, but it is more than that. It is also about the total lack of trust in the Home Office and the lack of confidence that the very Department that has done them so much wrong has the capacity to deliver justice for them.
Kevin Foster
That is why we are working with the stakeholder group and why we have an independent reviewer and a separate team. I have extended an invitation to my shadows, and I am happy to extend it to other Members of Parliament who have strong constituency interests, to visit the compensation team based in Leeds, to meet and talk with staff and to understand the work they do. We have taken note of the individual cases raised in the Chamber today. I do not think it would be right to respond in detail now from the Dispatch Box, but we will ensure that the details are passed on for further work.
I am keen to respond to an offer made by the shadow team and to work where possible with Members of Parliament to run engagement and outreach events in their constituency. We have already made an arrangement with the hon. Member for Bristol West (Thangam Debbonaire), and we will make it clear that it is not a Home Office event, but one run by a Member of Parliament with the team attending. As I said, none of the information will be used for purposes unconnected with the Windrush taskforce and the Windrush compensation scheme, and I hope we can give people confidence in what the sessions will be about.
In an interesting speech, the SNP spokesman, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), raised several considered points. We have already announced some changes to the mitigation policy, based on the advice from the independent adviser and feedback from stakeholders. The hon. Gentleman made a fair point about what happens when someone misses the deadline by a day in 2023 due to ill health, or perhaps a probate issue. We will continue to review the process, take advice and engage with stakeholders and the independent adviser. There is a balance to be struck between having a date far enough in the future to enable people to feel confident that they have time to make their claim, but soon enough to encourage people to put in their claim. We felt that the two-year extension also gives certainty on procurement for those who provide independent advice to claimants.
That brings me to another point made by hon. Members on how independent advice will be provided. To be clear, the initial procurement went to Citizens Advice and we have extended that until a new service is procured. We thought it right to do that, so that independent advice continued to be available to claimants. The procurement is an open process and we look forward to seeing bids involving groups that can get out and ensure that people get the compensation they deserve.
Regarding the scope of the scheme, it is open to anyone from a Commonwealth country who arrived and settled in the UK before 1973, anyone of any nationality who arrived and settled in the UK before the end of 1988, children, grandchildren and other close family members of such a person who may have been affected, and the estates of those who are now deceased but who would have been eligible to claim compensation. References commonly made to “the Windrush generation” are a shorthand way to ensure that the public are aware of what we mean, but we are not talking purely about people from the Caribbean; those from the wider Commonwealth are also affected.
In the detailed design of the scheme, we are committed to ensuring that everyone who is due compensation can receive it. We worked with the independent adviser, Martin Forde, to ensure that the evidential threshold is as low as possible, and the team will work with claimants to provide as much information as possible to support their claim, but when spending public money it is important to have a minimum amount of information and evidence required. The changes introduced last week show that we will respond to comments and experience, as claims progress.
The taskforce has a dedicated vulnerable persons team to provide help and advice where safeguarding and vulnerability issues are identified. I am advised that up to the end of September 2019, the team had provided support to nearly 1,000 individuals. We have a fast-track service, operated with the Department for Work and Pensions, to confirm status and residence and to arrange access to benefits. Again, we will pick up the cases mentioned in the debate today and make sure a response is given.
Lucy Powell
I intervene to give the Minister the opportunity to respond to reports that the Court of Appeal has halted the flight due to take place tomorrow, deporting 50 people back to Jamaica. Does he think that the attention drawn to that case has helped to restore trust in the system or made the situation worse?
Kevin Foster
I will not comment on a case that has only just been concluded. We will consider the judgment in detail, as it may not mean quite what some take it to mean on the surface. However, as I said earlier, this is a Government who follow the rule of law and fulfil our legal duties under the 2007 Act, which Labour Members were happy to support, and which uses the word “must”, not “may”.
The Windrush stakeholder advisory group was launched by the Home Secretary at a stakeholder roundtable on 26 September 2019. The group’s purpose is to help to join up community leaders, lawyers and faith groups across the country and to seek their advice on our communications and engagement strategy. I have listened to feedback from stakeholders and affected individuals and met some members of the panel soon after taking up my current role. The evidence that we are listening is seen in what we did last week by extending the scheme, as requested, and altering the mitigation policy, also as requested. We will consider any further suggestions via that process.
I thank right hon. and hon. Members for their insightful and thought-provoking contributions on the Bill and on the wider position of the Windrush generation. As has been said many times, and as the Government will continue to say, the Windrush issues were the result of a terrible mistake, for which I apologise again on behalf of the Government, in addition to the individual apology that each person receives with the compensation that they are entitled to. We hope that the Government’s commitment to the scheme will go some way to easing the financial burden and impact that some have endured, even though we recognise that compensation by itself cannot resolve all the hurt that was caused.
Each one of us in this House has a role to play and a duty to work to ensure that all those affected get the help they need to regularise their status. No one should be afraid to come forward through their Member of Parliament to the Windrush taskforce. The information will not be used for immigration enforcement. It will be used only for the purposes of the Windrush scheme. Similarly, no one should fear making a claim to the Windrush compensation scheme for what they are owed. We will continue to listen to stakeholders and others involved in this process to ensure that the scheme is fair. Part of that work is ensuring that the Bill is passed.
Question put and agreed to.
Bill accordingly read a Second time.
WINDRUSH COMPENSATION SCHEME (EXPENDITURE) BILL (PROGRAMME)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Windrush Compensation Scheme (Expenditure) Bill:
Committal
1. The Bill shall be committed to a Committee of the whole House.
Proceedings in Committee, on Consideration and up to and including Third Reading
2. Proceedings in Committee, any proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings in Committee of the whole House.
3. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings in Committee of the whole House.
4. Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to other proceedings up to and including Third Reading.
Other proceedings
5. Any other proceedings on the Bill may be programmed.—(Leo Docherty.)
Question agreed to.
WINDRUSH CoMPENSAtIoN SCHEME (EXPENDItURE) BILL (MoNEY)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Windrush Compensation Scheme (Expenditure) Bill, it is expedient to authorise the payment out of money provided by Parliament of expenditure incurred by the Secretary of State or a Government Department under, or in connection with, the Windrush Compensation Scheme.—(Leo Docherty.)
Question agreed to.
Operation Augusta
Kevin Foster Excerpts(4 years, 9 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
It is a pleasure to serve under your chairmanship, Sir Christopher. I want to thank the hon. Member for Blackley and Broughton (Graham Stringer) for securing this debate on the independent assurance review on child sexual exploitation in Manchester, and particularly for the serious and effective tone he set for the debate. The subject is clearly important not only to Members for Greater Manchester constituencies, but to Members representing places across the country, given what the review uncovered.
The report of the first phase of the review, focusing on Operation Augusta, was shocking. It told a story that has sadly become far too familiar, of vulnerable young people let down by those whose job it was to protect them. The Government welcome the publication of the report. While it is distressing to read, we must bear in mind that reviews such as the independent review in Manchester are critical. If we do not confront the failures of the past, we risk repeating them. Reviews such as this give a voice to the survivors of abuse and allow their stories to be heard—stories that previously were too often ignored.
I turn to one or two of the points raised during the debate by hon. Members. Regarding the query from my hon. Friend the Member for Cheadle (Mary Robinson), we expect the review later this year. However, we as the Government cannot commit to a specific date, because the report is an independent one and therefore the exact date of publication is in the hands of the reviewer. There were particular queries in relation to the coroner’s report; I understand that there has been correspondence between the Mayor of Greater Manchester and the Attorney General, and that the Attorney General is considering the request to look at reopening that particular inquiry.
There were also some comments, not surprisingly, about what is being done to hold to account those who failed so visibly in this investigation. My understanding is that the Independent Office for Police Conduct, which is rightly independent of the Government, has been in discussions with the Greater Manchester authority and is scoping a potential investigation. I hope hon. Members will realise why the Home Office cannot go much further than that at this stage in commenting on particular individuals.
There was also commentary about the iOPS system in relation to Greater Manchester Police. I understand that the Mayor has commissioned Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services to undertake an inspection, and we are awaiting the written report. We expect it to be published shortly and will, of course, closely consider any recommendations that it brings forward.
It was partly because of cases such as this that, in 2015, the Government established the Independent Inquiry into Child Sexual Abuse to get to the truth, expose what has gone wrong and learn lessons for the future. The inquiry is investigating institutional responses to child sexual exploitation by organised networks, with public hearings scheduled to take place from 20 April this year. There was some talk in the debate about commissioning research; I understand the inquiry has already announced it has commissioned research into the motivation and behaviour of perpetrators who operate as part of organised networks. Given that, we do not believe it would be appropriate for the Government to set about duplicating the work while it is under way. We will wait for the findings and are ready to commission further research if necessary. I feel I might be about to get some comments on this from the hon. Member for Rotherham (Sarah Champion), who I will happily give way to.
Sarah Champion
I am a core participant in that bit of the IICSA inquiry, and unfortunately the Minister has been sold a pup—it would be a nice pup—because it is looking very much at those six organisations and how they deal with the problem going forward. There is no retrospective accountability, and there is not the detailed investigation into the profile of perpetrators that the police really need.
Kevin Foster
I thank the hon. Member for her intervention. I am sure that my ministerial colleague will be happy to hear her response and discuss it, perhaps at greater length, if there are specific concerns. Obviously the independent review is independent and will scope its own research as it sees fit and appropriate, so the Government are loth to potentially duplicate that. Moreover, the point of having an independent review is to hear the view of an independent source, rather than its being the Home Office as such that is commissioning research. Certainly we would be more than happy to engage perhaps a little bit further than we will be able to do in the remaining six minutes of this debate, if she has particular concerns.
The victims and survivors of these crimes demonstrate enormous courage and strength in coming forward, reporting what is happening to them and sharing their experiences. In some cases, they have to relive those experiences to share them. For too long, the police and other agencies treated vulnerable children and young people as a problem. As my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) said, they referred to them as “child prostitutes”, when there is no such thing—there is a child being seriously abused.
The victims’ voices were not heard, children were left unprotected and predators were left to continue to abuse those most vulnerable in our society. I want to make it clear that we will not accept that now. Children and young people rely on both Government and local partners for safeguarding and support. It is therefore our duty to protect them from these appalling crimes. Their voices must be heard. We must recognise abuse for what it is and treat victims with empathy and respect, not doubt and suspicion.
The Government have driven change in the way that these crimes are responded to, and it is right that child sexual abuse is now prioritised as a national threat. We are clear that, when victims come forward to report abuse, they should expect every effort to be made to bring offenders to justice. One point I share with the shadow Minister relates to the idea that resources were reprioritised or investigations ended; it is almost impossible to think what could be more important than preventing children from suffering serious sexual offences. What could be more important than that?
The Home Office has therefore provided support through its police special grant fund for investigations relating to child sexual exploitation in Rotherham, north Wales, west Yorkshire and other areas. In response to the shadow Minister’s point, we would of course consider any application that came forward from Greater Manchester as well. We are changing the way police respond to crimes against vulnerable people, including child sexual abuse. As part of this, we have worked with the College of Policing to draw up a comprehensive package of training to ensure the police are better placed to respond to child protection issues. We are also funding the Vulnerability Knowledge and Practice programme to develop policing best practice in response to vulnerability as a whole.
Yet, as has been touched on, keeping children safe is not just the job of the police. We have also changed the way police and other agencies work together to ensure an effective response in safeguarding children. The Children and Social Work Act 2017 introduced the most significant reforms in a generation, ensuring that police, health and local authority partners within an area work together to protect vulnerable children. We have also introduced joint targeted inspections of local agencies’ performance in protecting children from threats such as child exploitation. Effective multi-agency working is recognised as the foundation for success.
In 2019, the Government launched a new tackling child exploitation support programme to help safeguarding partners in local areas to tackle a range of threats to children from gangs, sexual and criminal exploitation, online grooming, trafficking and modern slavery. We have already seen some effective multi-agency working, such as the Home Office-funded Lighthouse in London. This ground-breaking service is based on international best practice and under one roof provides child-friendly, victim-centred, multi-agency support to child victims of sexual abuse.
However, we must go further and deprive predators of the opportunity to abuse and exploit our children in the first place. That is why, as part of our efforts to prevent abuse and exploitation, we have launched the Trusted Relationships fund. The fund supports local authority-led projects across England, working with 10 to 17-year-olds identified as being at risk of child sexual abuse or exploitation, criminal exploitation or peer-on-peer abuse, to build their resilience and strengthen their relationships with the trusted adults in their lives. As part of that, more than £1 million will be awarded to Greater Manchester for the four-year programme. The Home Office has also provided funding support for a regional network of exploitation prevention officers, who are helping local partners to join up, spot the signs of abuse and intervene early to safeguard vulnerable children. It is our priority to ensure that all victims and survivors believe they can come forward to report abuse and get the assistance they need.
That is why we have increased grant funding for victim support services across the country: in this financial year, the Government are providing more than £7 million of funding for non-statutory organisations supporting victims and survivors of child sexual abuse, and in September the Government announced an additional £5 million of funding for separate specialist sexual violence support services, including £1 million towards recruiting more independent sexual violence advisers, who play such a critical part in supporting victims through the criminal justice process. The Government have also increased spending from £31 million in 2018 to a planned £39 million in 2020-21 to improve services and pathways for survivors and victims of sexual violence and abuse who seek support from sexual assault referral centres.
While we can and must do more, it is important that we acknowledge how far we have come in the years since the closure of Operation Augusta and recognise the improvements in how police forces and other agencies deal with these crimes. Inspection reports tell us that professionals’ understanding of vulnerability has improved and there is now a real emphasis on the safeguarding and protection of vulnerable children across England and Wales.
On 4 September 2019, the Government announced an additional £30 million to safeguard children from child sexual exploitation and abuse, increasing funding for cutting-edge technology and making available the best intelligence and law enforcement capabilities, which will enable police officers to target offenders and provide more support to victims. Later this year, the Government will publish a national strategy, the first of its kind, to tackle all forms of child sexual abuse. Our new strategy will set out our whole-system response and how we will work across Government, law enforcement, safeguarding partners and industry to root out offending.
I thank the hon. Member for Blackley and Broughton once more for securing this debate. Vulnerable children, victims and survivors of these appalling crimes, rely on us, both in Parliament and in local communities, to represent their needs and ensure they receive the support to which they are entitled. As a Government, we will continue to work tirelessly across all Departments to tackle child sexual abuse in all its forms.
Question put and agreed to.
Resolved,
That this House has considered Operation Augusta.