Immigration Detention: Trafficking and Modern Slavery

Lord Coaker Excerpts

Tuesday 9th July 2019 Westminster Hall

[Vernon Coaker (Gedling) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Gary. I start by declaring an interest, which appears in the Register of Members’ Financial Interests. I co-chair the all-party parliamentary group on human trafficking and modern slavery, of which my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) is also an officer. I congratulate her on having secured this debate.

I very much agree with my hon. Friend. I started to write a few comments for this debate and then abandoned them, because what I really wanted to say is that I just do not believe, as my hon. Friend said, that the Minister, anybody in the Government or indeed anybody who works in the Home Office wants to deliberately harm these people. But as I sat writing, I got to the point that everyone knows this is happening, so how does it carry on? Why does nobody stop it? Over the last few months in particular, I have found myself in quite a number of debates thinking, “If we can’t stop it, where do the public go?” I know the Minister cares about this, which is why I wanted to start with it, but she is a Minister of the Crown, and she, along with others, is responsible for the policy and its implementation. When it goes wrong, as it clearly has in some respects, she will be appalled at the individual circumstances, but this is a systemic failure. It is a failure of public policy.

All of us here are frustrated, even more than we are angry, about why we cannot do something about this. I will make a couple of other points, but I wanted to stand up alongside my hon. Friend and others and to say to the Minister that she should use this debate as a further incentive—a further motivation—to say, “This is not made up. This is not according to the guidance that we have set. This is not what is supposed to happen, so why is it still happening?” The Minister has the authority to bring people together and demand that, if a contract is not being properly implemented, those responsible are held to account and something is done about it. The cry from everyone will be, “If the people who work in immigration are not following the guidelines, do something about it.”

Although the reports my hon. Friend referred to are outstanding, I am sick of reading them. I think we have all read the report that Women for Refugee Women has published today. It is a disgrace; there is no other word for it. It should be on the front page of every newspaper. In our country, in 2019, victims of modern slavery are imprisoned. That is not the sort of country we are. That is not the sort of country the Minister represents, or that any of us represents. But that is what is happening.

For goodness’ sake, can the system not wake up? Can it not regenerate itself and have a bit of passion and urgency in it? This is not a bureaucratic exercise; this is men, women and children detained, not for a crime, but because they are victims. Which other victims would we lock up? It beggars belief. As I say, I do not feel angry about it—actually, I do a bit—but I do find it unbelievable. Sir Gary, you will have been in the position, as we all have, of having somebody come to one of your surgeries and raising an issue where you just sit there—I know I am getting older—and have that “I can’t believe it” moment. You just cannot believe it. I say to the Minister that this is one of those moments.

Only today, a Sky News report—published alongside the Women for Refugee Women report about Chinese women—stated that 507 potential victims of modern slavery were locked up. The Government’s response did not dispute that figure; it was just the bureaucratic response of, “Well, they are only there for a little while, and most of them are released, so it is fine.” That is not good enough. There are 507 people locked up. Is that not unbelievable? Is it not incredible? In 2019, 507 potential victims of modern slavery are locked up. That is not good enough. It is not right, and it is not the sort of country that any of us wants to live in.

Going back to what my hon. Friend the Member for Birmingham, Yardley said, the heart of this is that these are victims of crime, not immigration offenders. Until the system gets hold of that fact, recognises it and runs its policy accordingly, we are going to lock innocent people up. We are going to lock innocent families up. We are going to put children behind bars. People say that is emotive, but that is the truth of it. These people cannot come and go; if they cannot come and go, and there are fences with people guarding them, what is that called? We get into propaganda if we are not careful. These are prisons, in which people are locked up.

I say again to the Minister that this has to be sorted out. I have been saying so for years, as have other people; some have been campaigning on this issue for years. Why is it that when somebody is brutalised, terrorised, forced into work or forced into sex—when a child is working umpteen hours, terrified that their family is going to be beaten up or killed if they co-operate with the police, and frightened of all the different threats they face—the first thing we do when we get most of them is lock them up? It is partly because we say that we do not believe them or that they are not co-operating with the police. Can I come clean here? If my family were threatened with being mercilessly killed, I am not sure the first thing I would do when arrested by a police officer in a country that I was not used to, that I did not know and that had a language I did not properly understand would be to say, “Quite right, officer. Take me down to the station. Let me help you out as best I can to bring before the courts the people who have been threatening me and who told me that if I co-operate they are going to kill my family.” That is not the real world. What do we do? We lock them up. I am not going to say much more, because in a sense, that encapsulates it.

I have bundles of things in my office—stacks of reports, of statistics, of this and that—but my hon. Friend the Member for Birmingham, Yardley has made the case that this is not good enough, and I am making that case as well. What are we going to do? I know the Minister does not want this to happen, but she is a Minister of the Crown; she is the person responsible. She has the opportunity, the chance and the power to do something about this. If she does not have the power in a democratic society, who does? She is part of Her Majesty’s Government—an elected Member of Parliament who is the Government official with responsibility for this issue, and she can do it.

Why are trafficking victims held? Is it public policy? If not, why does it happen? How long are these people held for? How many are there? Sometimes, we are not even totally sure of the data. How many children are among them. Is it none, or some? Are they detained only if they are with their family? What guidance is there, and how do the Minister or the Government check the guidance is followed? In evidence to the Home Affairs Committee, the Home Secretary himself said he was not totally sure that the guidance was put in place and properly acted on. As my hon. Friend said, Mr Justice Julian Knowles said in his judgment that the Government’s 45-day policy for someone found to have conclusive grounds was illegal and would have to be changed. Can the Minister clarify what the Government’s response has been? My understanding is that they have said they will no longer implement the 45-day policy for those found to have conclusive grounds. Will the Minister confirm that? Although it is a slight aside to the debate, that issue is important.

I will finish with this point. These women, these men, these children—these victims—have no voice. We are their voice; they are the voiceless. We are speaking up for them. We are crying out and shouting out for them. Is anyone listening and is anyone going to act on what is being said?

--- Later in debate ---

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure, as always, to serve under your chairmanship, Sir Gary, and I congratulate the hon. Member for Birmingham, Yardley (Jess Phillips) on securing this important debate. I pay tribute to her tireless campaign work on the rights of women and victims of domestic violence. Many of us have heard her powerful speeches in the Chamber and Westminster Hall on several occasions, and we heard another such speech this afternoon.

I thank hon. Members for their contributions to this important debate. The hon. Member for Glasgow North East (Mr Sweeney) described becoming a Member of Parliament as a steep learning curve, and I assure him and others that becoming the Minister for Immigration is also a steep learning curve. I was as struck as other Members will have been when visiting immigration removal centres. One of my first visits was to Brook House, which the hon. Member for Manchester, Gorton (Afzal Khan) referred to, and my second was to Yarl’s Wood. Subsequently I have been to Campsfield House, Colnbrook and Harmondsworth, and I am conscious that our immigration removal centre estate provides a necessary service that remains part of our immigration policy. It is, however, important that when detention occurs, it takes place sparingly and in the most humane way possible.

As I said, my role as Minister for Immigration involved a steep learning curve, particularly when learning about the shocking exploitation of vulnerable individuals from overseas, who are duped by the promise of a better life in the UK. The hon. Member for Edmonton (Kate Osamor) mentioned the false promises that some people are sold when offered a different life in the UK, and that is one of the most horrific things. In too many cases those people are not brought to the UK for a better life; they are sold into prostitution or forced labour, and tackling that abhorrent crime has always been a priority for the Government.

The hon. Member for Stoke-on-Trent Central (Gareth Snell) mentioned the report “Supported or Deported”, and as has been stated, Home Office correspondents in that report disclosed that 507 individuals who were believed to have reasonable grounds in their trafficking cases were detained under immigration powers in 2018, either before or after receiving an NRM decision. Although that number is correct, the statement is not, because those 507 individuals were not detained after getting a positive decision on reasonable grounds to remain. As clearly stated in the freedom of information response provided by the Home Office, that figure is for people who had a positive decision on reasonable grounds to remain when entering detention, or while in detention. Further analysis of the figures shows that of those 507 people, 479 received a positive decision on reasonable grounds during a detention period. Of those, 328 were released within two days of that decision, and in total, 422 people were released within a week.

I was asked about the availability of legal assistance in immigration removal centres. All detainees in immigration removal centres are made aware of their right to legal representation and how they can obtain such representation within 24 hours of their arrival at an IRC. The Legal Aid Agency operates free legal advice surgeries across the detention estate in England. Detainees are entitled to receive up to 30 minutes of advice regardless of financial eligibility or the merits of their case. There is no restriction on the number of surgeries a detainee may attend. If a detainee requires substantive advice on a matter that is in the scope of legal aid, full legal advice can be provided.

At all IRCs, detainees who already have legal representation may receive visits from their advisers by appointment. Those visits take place in private, in designated interview rooms within sight, but not the hearing, of custody officers. Of course, detainees are also able to contact representatives by telephone.

The hon. Member for Gedling (Vernon Coaker) made reference to the recent judicial review. The Home Office is always trying to build its understanding of the complex needs of victims of modern slavery and to improve the support available. That case highlights the importance of tailoring support according to the individual needs of victims. In response to it, we will embed a more needs-based approach in our services.

[Vernon Coaker]

This is an important point. Does that mean that the arbitrary 45-day limit does not apply to any individual in those circumstances?

[Caroline Nokes]

It is difficult for me to comment on the application to individuals, but I will certainly come back to the hon. Gentleman with a fuller response to that point.

Several comments were made about the reform of the national referral mechanism and the importance of ensuring that the NRM gets victims of modern slavery the support they need. We have made significant progress in delivering that complex reform programme, including the launch of the single competent authority, which is an expert caseworking unit responsible for all NRM decisions, regardless of an individual’s nationality or immigration status. That unit has replaced the competent authorities previously located in UK Visas and Immigration, Immigration Enforcement and the National Crime Agency. To improve the decision-making process, we have set up an independent, multi-agency assurance panel of experts to review all negative conclusive grounds decisions, adding significantly to the scrutiny such cases receive.

The hon. Member for Glasgow Central (Alison Thewliss) mentioned the detention of children. I wish to reassure her that the UK ended the routine detention of children in immigration removal centres in 2010 and then enshrined that in primary legislation in the Immigration Act 2014. There remain limited circumstances in which children may be detained, but that is usually in a family unit immediately prior to removal. That requires ministerial authority should a family be detained for more than 72 hours, and there is a maximum of one week. I reassure her that this year—in 2019—no children have been detained at Dungavel immigration removal centre. There was one age dispute case, but the individual was found to be an adult.

The hon. Member for Edmonton mentioned women in immigration detention, and we heard from several Members about Yarl’s Wood. On 6 June this year, the independent monitoring board published its Yarl’s Wood annual report for 2018. The IMB made positive comments about the continuing efforts at the centre to retain and recruit female staff and to improve healthcare provision. We have considered all the recommendations in the report and an action plan has been drawn up in response to concerns raised. We take our responsibilities towards detainees’ health and welfare very seriously. The provision of 24-hour, seven-day-a-week healthcare in all immigration removal centres, including Yarl’s Wood, ensures that individuals have ready access to medical professionals and levels of primary care in line with individuals in the community.

The hon. Lady also raised the specific issue of victims of trafficking from Nigeria. Last summer, or perhaps last autumn, I travelled to Nigeria and listened to harrowing accounts of people who had been trafficked. I also heard about some of the measures that the Nigerian Government were taking to address what is a very serious problem in that country. I am very conscious that there are significant numbers of Nigerians among victims of human trafficking found in detention in Libya or attempting to cross the Mediterranean. A disproportionate number of Nigerian victims of international trafficking come from Edo state in the south-west, where long-standing trafficking networks operate.

Modern slavery programming in Nigeria is a cross-Government effort, with each Department—the Home Office, the Department for International Development and the National Crime Agency—working co-operatively and focusing on areas of comparative advantage. The Home Office’s own modern slavery fund programme provides support and reintegration assistance to victims of trafficking and supports the judiciary to process trafficking. In addition, DFID funding has been directed to the International Organisation for Migration to rehabilitate victims returned from Libyan detention camps. That is a separate cohort of victims from those supported by Home Office funding. There is a real need for us to continue to work with DFID to help develop livelihood options for communities at risk of trafficking in Edo state and to help local government and civil society respond to trafficking there.

The hon. Member for Manchester, Gorton raised some issues with rule 35 of the detention centre rules. We are committed to ensuring that the rule 35 process operates effectively as a reporting system for removal centre doctors’ concerns about the welfare of detainees. In March this year, we launched our targeted consultation on the overhaul of the detention centre rules. The operation of rule 35 is a key element of that and is closely linked to the operation of the adults at risk policy. Input from non-governmental organisations, the independent detention oversight bodies and medical experts will ensure that the replacement for rule 35 better supports the identification, reporting and caseworker consideration of people with vulnerabilities. In the year 1 April 2018 to 31 March this year, 2,146 individuals were the subject of a rule 35 report made by a medical practitioner.

Various hon. Members mentioned the adults at risk policy. In September 2016, we implemented the adults at risk in immigration detention policy, a key part of our response to Stephen Shaw’s original review of the welfare of vulnerable people in immigration detention. The policy does not, as some have interpreted it as doing, mean an automatic exemption from immigration detention for any particular group of people. Under the policy, vulnerable people are detained, or their detention continued, only when the immigration considerations in their particular case outweigh evidence of vulnerability. Cases are reviewed regularly and also when new evidence comes to light.

I appreciate that there has been criticism of the adults at risk policy. However, as Mr Shaw said in his follow-up review last year,

“it would be folly to give up on the Adults at Risk policy. It is best thought of as an exercise in cultural change, and like all such programmes it will take time to reach full fruition. The focus on vulnerability that”

the policy

“has engendered is a genuine one”.

I believe that the policy will prove its full worth as it develops further and once it and the systems around it are in full alignment. Stephen Shaw made a number of recommendations for improvements in these areas and we are working hard, in conjunction with experts and in discussion with external organisations, to make the system as effective, protective and workable as possible.

It is worth remembering that the adults at risk policy replaced a policy that determined whether vulnerable people should be detained by reference to the concept of “very exceptional circumstances”. The difficulty with that approach was that nobody—caseworkers, legal representatives or detainees themselves—could interpret that in a consistent way. The adults at risk policy represents a much more coherent way of assessing the appropriateness of detention of vulnerable people and is a rational and proportionate approach.

Several hon. Members challenged me with the question, “What has changed?” That is a really important part of the comments I want to make and something I really wish to emphasise. We are committed to reducing the number of people in detention, to improving the welfare of those who are detained and to providing appropriate support to the most vulnerable in detention. Detention is used sparingly for securing the removal of individuals who do not have leave to remain in the UK, and people are detained for as short a time as possible.

We are detaining fewer people. At the end of December 2018, there were 30% fewer individuals in detention than a year earlier, and it is likely that that figure will be lower still this year. Over time, changes in legislation, policy and operational procedures will reduce the number of those detained and the duration of detention before removal, in turn improving the welfare of those detained.