Policing and Crime Bill

Lord Davies of Gower Excerpts

Monday 7th March 2016 Commons Chamber

[Byron Davies (Gower) (Con)]

I have had the privilege of hearing everybody speak in this debate, and I am delighted that I, too, now have the opportunity to participate. As a former Metropolitan police officer, I speak with some pride on this issue. I wish to make some brief observations, but, like my hon. Friend the Member for North West Hampshire (Kit Malthouse), I will start by saying that the Government are of course committed to finishing the job of reforming the police. It is not an easy task, but a very necessary one, and I broadly welcome the Bill.

The Bill is the cornerstone of police reform, which has now been going on for the past five years. It is the last part of the solid foundations that have been laid for the future of policing in the UK. It will help to build up public confidence in policing at a time when policing is becoming ever more complex.

I am pleased that the Government are committed to improving the efficiency of the police force. It is about not just numbers, as we hear so often, but efficiency. It is something about which I feel quite passionate. Enhancing the democratic accountability of the police is crucial. The public must have confidence in those who serve them, and ensuring that there is a direct democratic link to their police forces only serves to enhance that confidence.

This Bill will not only provide justice for the victims of crime, but ensure that those who have come into contact with the police have the correct protections in place. Recently, we have seen that we cannot allow confidence in the police to be undermined by what has now become a media frenzy surrounding many high-profile cases. We must guarantee that, if there is evidence to take a case forward, the correct safeguards are in place to ensure that all those involved in any police investigation are tried not by public opinion, but in the courts.

Briefly, let me make a number of points about this Bill. First, I am pleased that the police complaints and disciplinary systems will be altered and that there is greater protection for police whistleblowers. It is crucial that people feel enabled and protected if they bring forward a serious complaint or issue.

I have to admit that, when police and crime commissioners were first mooted, I did not particularly agree with them, but after seeing them in operation over the past three and a half years, I have changed my mind. I now fully support them and think that they are one of the best things to happen in the police service. None the less, I do have concerns about them becoming the appellate body for appeals—currently, that is the job of the chief constable. I look at that measure with a deal of trepidation as there could well be political connotations to such a move. I ask the Minister this: can we have full confidence that dealing with complaints will be both fair and impartial? It is such a crucial part of policing, that we must ensure that public confidence in policing is not subject to any level of doubt. I need absolute assurance from the Minister that there will be no unfair element to this process. As a police officer, I spent a number of years investigating complaints against fellow officers. Although it is often said that police should not investigate the police, I have to say that a more rigorous method and form of investigation would be hard to find. I say that as the standards that we expect of each other are so high. When an officer transgresses criminal law or indeed the disciplinary code, the investigations are ruthless.

Let me move on now to the concerns surrounding the extension of powers to police and community support officers and other staff. Although I am not against chief officers having greater control and powers over volunteers, I believe that there is no substitute for a fully trained, warranted police officer. It is important that there will be a list of core powers available only to police officers, and it is crucial that volunteers are not supplementing roles and duties that should be undertaken by officers who are thoroughly trained and who have experience of the duties of policing day after day. That said, the special constabulary has an important role to play, and its contribution should not be underestimated.

Although I appreciate that the initiative of using volunteer police officers in Lincolnshire has been seen as a success, the proposal requires greater scrutiny and discussion before any major changes to the structure of policing is made. This Bill, as I have mentioned, is crucial in ensuring public confidence in the police, and supplementing police duties with people who are not adequately trained could possibly undermine that confidence. I look forward to hearing the Minister address those points, as I know that he has given this Bill a huge amount of thought.

I do have concerns about collaboration between the emergency services, but, as much has been said on that subject in this debate, I will not dwell on it too much, except to say that success of such collaboration will be very much down to whether local police and fire chiefs can make the arrangements work. Indeed there is some intrigue over the single employer model, which could be fraught with problems. I am unsure how chief officers from very different services who have to tackle their own distinct problems can oversee the duties of another agency of which they have very little experience. I know that the Bill mentions training, but I would like to hear what training will be given to prepare them for such a role.

Importantly, I also have concerns about transferring the power to appoint assistant inspectors of constabulary from the Home Secretary to Her Majesty’s Chief Inspector of Constabulary. I believe that the Home Secretary, as an informed and impartial judge on matters to do with policing, is best placed to ensure that these crucial roles are filled with people who are robust, experienced, independent and up to the task of the vital role of inspecting how the police operate and whether they are up to standard. The current system has worked admirably, and I am, as yet, not convinced of the need to change it. Sir Tom Winsor, Her Majesty’s chief inspector of constabulary, is a competent leader of the organisation, but, as this is all about independence, the Home Secretary is best placed to do the job.

May I move on to the amendment of police powers under sections 135 and 136 of the Mental Health Act 1983? I have heard what has been said by my hon. Friends the Member for Halesowen and Rowley Regis (James Morris) and for Broxbourne (Mr Walker). The review of the Department of Health and the Home Office was right to highlight the overuse of police cells as places of safety, especially for children and young people. Will the Minister tell us what locations will be used as places of safety given the reduction in the use of police cells, and how will the definition of places of safety be drafted correctly to ensure that it reflects local capacity and is flexible enough to ensure that different police forces with diverse capacity issues can respond to local needs?

There is some difficulty around understanding the practical role of police officers in the situations in which they find themselves. It could be the middle of a wet, windy night, under Archway bridge in Holloway, or it could be on a railway track between Euston and Scotland. It is very difficult. It could be a domestic scene, with somebody who has gone absolutely berserk and wrecked the house, and now holds his or her family with a knife. It is about getting in there, getting hold of that person and ensuring the safety of others, as well as their safety. Sometimes, the police station is the only place or the most immediate place that somebody can be taken to. It does not necessarily need to mean a police cell, of course. It could be a detention room or a surgeon’s room. I believe that there is further discussion to be had about that.

I strongly support the changes that will be made to arrangements for how the National Crime Agency enters into collaborative agreements with other law enforcement agencies to enable the quick identification of foreign national offenders. The Bill will supplement powers to give the police and immigration officers more opportunities to establish identity and nationality on arrest and obtain documents from foreign nationals when they cannot use existing search powers, which has always been a stumbling block in the past.

There will be a statutory requirement on all defendants, regardless of their nationality, to state their name, date of birth and nationality in court. These are strong measures that will enable the police and immigration officers to identify and detain foreign national offenders. Like probably most Members, I received an email from Liberty talking about the dangers of this provision for foreign nationals, but if we travel abroad to eastern Europe, to places such as Romania where they carry ID cards, as a visiting foreign national we have to carry our passports—it is the law. I see nothing wrong in having to state where one comes from.

Generally speaking, this is a strong Bill that is crucial to reforming the police service in England and Wales. I look forward to scrutinising it and discussing it with Members from all parties as it makes its passage through the House. I commend the Home Secretary and the Policing Minister, as well as their support staff who work so diligently, on this key plank of police reform. As a parting shot, I would say that there is only one thing missing for me, and that is the regionalisation of police forces, but perhaps that is for another day and another Bill.

Police Funding, Crime and Community Safety

Lord Davies of Gower Excerpts

Wednesday 24th February 2016 Commons Chamber

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I want to pay tribute to the hard work of the police in my constituency, which often goes above and beyond the call of duty. In addition to investigating crime, apprehending criminals and keeping us safe, in the current context of cuts to other public services, the police are too often the service of last resort for residents with severe mental illness and other vulnerabilities. Yet in London our hard-working officers are being let down and undermined by the current Mayor. We have seen enormous cuts to policing in London over the past five years, with the loss of more than 5,600 uniformed officers, including PCSOs.

[Byron Davies (Gower) (Con)]

Does the hon. Lady accept from me—I spent 32 years as a police officer—that the issue with mental health is not a new phenomenon but has always been the case?

[Helen Hayes]

The officers in my constituency tell me that the problem is more acute at the moment than it has been for many, many years, and that is my experience.

While I welcome the change in recruitment policy by the Metropolitan police to recruit only Londoners, the cuts are clearly limiting the progress that this policy has the potential to make in terms of black and minority ethnic representation in the Met, which still stands at only 11.5%. Much of the reduction in officer numbers is being achieved by not replacing retiring officers. Without new recruitment, the diversity of the Met will continue to lag behind that of the population it serves.

The devastating cuts have had a major impact. Every police officer I speak to is stretched more than they can ever recall having been in their working lives. Violent crime is going up, and last week HMIC announced that the Met requires improvement. Of all the reforms that the hon. Member for Uxbridge and South Ruislip (Boris Johnson) has made, the reorganisation of safer neighbourhood policing into the local policing model is the most damaging. Through that reform, the police are losing visibility, vital sources of intelligence and the ability to address minor problems before they escalate.

The Dulwich area of my constituency was recently dubbed the UK’s burglary hotspot on the basis of data from insurance claims relating to burglary. I have spoken to many residents who have been the victim of that horrible crime in recent months. Many have had windows and doors smashed in during broad daylight. In one shocking attack, a resident had the contents of a petrol canister poured over him. In that context, our local police have been forced to be reactive instead of proactive, visiting the victims after the crimes had taken place and responding to emergency call-outs. However, a proactive approach, through neighbourhood policing, is vital to addressing some of the most serious and pressing challenges that we face, such as gun and youth crime, sexual exploitation, radicalisation and terrorism, forced marriage and honour-based violence. To investigate and prevent those crimes, the police require a depth of knowledge and relationship with the communities that they serve, which cannot be fabricated in the heat of a rapid response once a crime has been committed.

One community activist in Brixton, who has engaged with the police for many years, said at a Mayor’s Office for Policing and Crime roadshow meeting that the erosion of safer neighbourhood teams had

“taken the heart out of policing”.

Oral Answers to Questions

Lord Davies of Gower Excerpts

Monday 11th January 2016 Commons Chamber

[James Brokenshire]

I am certainly happy to look at any individual cases that the hon. Lady might wish to send to me. Clearly, there are processes in place to ensure that decisions are fairly made and in a speedy manner.

[Byron Davies (Gower) (Con)]

Will my right hon. Friend update us on progress made under the Khartoum process, which aims to tackle the trafficking and smuggling of migrants between the horn of Africa and Europe?

Immigration Bill

Lord Davies of Gower Excerpts

Tuesday 1st December 2015 Commons Chamber

[Gavin Robinson (Belfast East) (DUP)]

Before I speak to three of the amendments, I wish to make some brief points. The hon. Member for North Dorset (Simon Hoare) and the hon. and learned Member for Holborn and St Pancras (Keir Starmer) reminded the House that we should not go over the issues that were discussed in full in Committee. I gently say that I would have loved to serve on the Committee. I realise that no one can assuage my concerns this afternoon, but on an issue of such importance—and one that is reserved to this Parliament—it is important to re-emphasise the fact that we need regional representation on a Bill Committee, and that Northern Ireland should have a representative, whether from my party or any of the others, so that we can fully scrutinise the Bill and get involved in these important discussions.

I say, with tongue firmly in cheek, that I was delighted to see the Under-Secretary of State for Northern Ireland on the Front Bench earlier in the debate, because I hope to grab hold of him before we get to the second group of amendments.

[Byron Davies (Gower) (Con)]

Just for the record, I served in Committee as a Welsh Member.

[Gavin Robinson]

I am sure the people of Wales are delighted. Among the three main parties, whether or not SNP Members are present, there is representation of Scotland, England and Wales, and it is important that they were represented in the Committee, but my point was about Northern Ireland.

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[Richard Fuller]

I am very pleased that the Shaw review will be available for their lordships to review in tabling amendments. I can assure the Minister that, should amendments come to this House to ensure that pregnant women and victims of torture and rape are exempted from our immigration detention estate, I will support those amendments at that time, if the Shaw review has not done a sufficient analysis.

There is no point going over our concerns again that the report has not been available to us in this House—we shall wait on their lordships—but I know that there will be women in Yarl’s Wood detention centre right now who have been victims of torture or rape. We also know that in the last year 100 pregnant women were put into Yarl’s Wood detention centre. This is not one or two cases; it is a significant part of what is happening, and that points to the reason behind new clause 8: the limits on the Minister’s ability to control the action on the ground. The procedures can look perfect on paper, but we know that in practice they are failing and falling down. That is why new clause 8 and the associated amendments aim to restrict the types of people who might fall foul of those processes.

[Byron Davies]

Is this not more about the integrity of the system and how it is supervised, rather than introducing a new clause?

[Richard Fuller]

My hon. Friend makes a very good point. Part of the evidence built up in this Parliament, in case after case after case, is that what the Home Office says is the case is patently not the case, and examples from Yarl’s Wood are front and centre of that. Not only have we had cases where the guards’ procedures in Yarl’s Wood should have been of a certain type and clearly were not—that has besmirched many people who work in immigration and removal centres who do a very good job—but we know that procedures for the provision of care for pregnant women in detention centres are not followed either. My hon. Friend is therefore quite right that there is an issue about procedures, and that is why we are waiting to hear what the Minister is likely to say.

I want to sit down so that the hon. Member for Sheffield Central (Paul Blomfield), a fellow member of the all-party group on migration, can contribute, but let me say first that I feel—and I hope—that the Minister has been listening to the work of the all-party group and the unanimous view of the House of Commons that change needs to be made along the lines of its recommendations. He has heard some eloquent speeches from the Scottish nationalists, from the Labour Benches and also from the Conservative Benches that reinforce that. I feel, however, that he is one step away from being able to reassure the House. I hope he will take that step—I alluded to that a moment ago. I understand that there are concerns about having time limits for individuals or even a category of people, but that is different from the intent behind the all-party group’s report, which seeks a recognition from the Home Office that the use of detention in immigration is overblown and to hear that he as Minister will seek to limit and reduce the overall amount of time in detention in this country. If we could hear that, hon. Members in all parts of the House would be reassured.

Draft Investigatory Powers Bill

Lord Davies of Gower Excerpts

Wednesday 4th November 2015 Commons Chamber

[Mrs May]

My hon. Friend raises an interesting point. We do everything we can to take action against those who distribute child abuse material, and a lot of work is being done with the industry in relation to taking down such material in order to protect children online.

[Byron Davies (Gower) (Con)]

Lord Carlile, the former terrorism laws watchdog, has said that there has been a lot of demonisation of the police and security services over their intentions regarding this information. He also said:

“I think it’s absurd to suggest that the police and the security services have a kind of casual desire to intrude on the privacy of the innocent.”

Does my right hon. Friend support that view?

[Mrs May]

Absolutely. The heads of agencies have also made it clear that they have no intention of intruding on everybody’s lives. That is why the message that this is not about mass surveillance is so important. This is about targeting those who are seeking to do us harm and ensuring that any action that is taken is always necessary and proportionate.

Policing

Lord Davies of Gower Excerpts

Wednesday 4th November 2015 Commons Chamber

[Byron Davies (Gower) (Con)]

If everybody is doing such a good job, why is the chief constable leaving after such a short time?

[Richard Arkless]

As I understand it, the issues for the chief constable were not operational. We are trying to find a successor quickly. It will be his job to deal with many of the concerns arising from the continued review of the police service.

Crime is down: violent crime is down by 52%; handling offensive weapons is down by 62%; homicide is down by 48%; and fire raising and vandalism are down since 2007 by 58%. In 2014, there were 270,000 recorded crimes in Scotland, which is down by 148,000 from 2007. Statistically, it is clear that Police Scotland, despite the pressures forced upon it, is doing an incredible job.

The reasons for the reduction in crime in Scotland are complex, but I believe that enormous credit must go to our exceptional officers within Police Scotland. Thereafter, there are other reasons. Perhaps it is due in part to our growing sense of community and our optimism about our country’s future. The devolved Parliament in Scotland engages directly with the community wherever possible. Our Government are made up from ordinary people from ordinary Scottish communities. Our sense of community extends to the Government—they are accessible and fully accountable to the Scottish people. We have been working and taking measures towards building a fairer and more equal society, so that people feel less ignored and more included.

The hon. Member for Great Grimsby (Melanie Onn) alluded to a survey carried out in Scotland by an independent provider. It sought views on a range of subjects, including management, training, development, wellbeing, equality and communication. Twelve thousand officers took part. It found that there is a very positive team spirit within Police Scotland: 73% felt that their team works well to improve services; 83% said that they are treated with the utmost respect by their colleagues; and 78% expressed trust and respect for their line managers and said that they have strong relationships with their colleagues. The survey also highlighted the cohesion within Police Scotland.

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[Byron Davies (Gower) (Con)]

I am delighted to be able to speak on this subject of such great importance, and to declare an interest in it. I had 32 very happy years in the Metropolitan police service as a detective serving in the counter-terrorist command and the national crime squad.

Not surprisingly, this motion has some fundamental flaws in the way that Labour frames its arguments about policing. It is far too simplistic to make a point about policing numbers when we are having a really serious debate about what sort of police service this country needs and wants. This is not, and should not be reduced to, simply a numbers game. If the Opposition were serious about discussing it, they would be asking questions about how they want the police services of this country to look, what their priorities are, and how they face the challenges of policing in the 21st century.

The system of policing in this country has had to evolve. We cannot think or accept that a system that was created and honed in the 1820s for a different time will be completely fit for purpose today. While many aspects of police work are excellent, we need to adapt, and the Government are doing just that. Technology has advanced at an incredible pace, and that has left previous models of policing in need of reform to meet today’s challenges. The Government continue to promote innovation and improved efficiency by allocating £70 million to the police innovation fund this year. That is key to my point about police numbers.

This is about efficiency, and about management effectively deploying the resources at their disposal. I have had numerous discussions with my former colleagues in the police about this issue, and I have found their views illuminating. It has made senior police officers think about how they manage and deploy their resources. It has required higher quality management, and, through that, the police service has reformed itself by having to prioritise what is important and re-evaluate how a modern police force needs to operate. That has rarely been done before, as Governments have never challenged how the police service works on a deep enough level. Under the previous Labour Government, there was too much bureaucracy and obsession with target-driven performance, as I well remember. While targets are vitally important, the Government have challenged the long-standing model of policing. Through that, police services have managed their priorities and resources more effectively, and policing has thereby become much more capable of meeting the challenges that it currently faces.

I commend the work of the Home Secretary and the Policing Minister in doing this. During such major reforms of such a vitally important part of British public life, I also commend the Government for providing the stability needed in the Home Office. We have had the same Home Secretary for over five years, and three Policing Ministers, including the current one. They have done an excellent job in providing the continuity and strong leadership required during this period. That is in stark contrast to the Labour Government, who, if I am correct, had six Home Secretaries and seven Policing Ministers. I well remember the days at Scotland Yard when most senior officers did not know who would be Home Secretary on any given day. The constant change of direction and personality in such a crucial role is not conducive to providing the confidence that the police need if they have to undertake major reforms.

The current situation has required courage and innovative thinking on the part of police forces. Given the many trials faced by policing, I am glad that the Government continue to invest heavily in the College of Policing, to ensure that the most talented individuals will lead our police forces in the future.

The Labour motion also mentions sharp rises in knife crime. Policing is complex and nuanced. It requires preventative and outreach work in communities, to try to change deep-rooted cultures that have built up over time. We must concentrate on how police tackle any rises in knife crime. I have read that some say that it is the fault of cuts in funding to police budgets, but that is a deeply misleading and dangerous statement to make about policing. The causes of knife crime are countless and diverse. Many are down to multifaceted and nuanced social reasons that have grown and transformed over decades. Crucial reasons for the recent rise in knife crime include the dark web being used to purchase weapons, a cultural change among young people, and improved recording of knife crime statistics.

[Andy Burnham]

I think the hon. Gentleman is saying—the right hon. Member for Ashford (Damian Green) and other hon. Members have also said this—that there is no connection at all between police numbers and levels of crime. Is that seriously the argument that Conservative Members are putting to the House?

[Byron Davies]

It is about how people are managed and deployed, and managers have to be trained to do that properly. That is the argument. The police are making serious efforts to tackle knife crime and they are making some important changes. The police are there to investigate, prosecute and tackle knife crime.

That brings me on to something that is missing from the Labour motion. It states that traditional forms of crime are being replaced by cybercrime. That is no doubt true, but my point about the dark web being used to purchase weapons is important. We must examine and tackle the link between cyber and more traditional crime.

Finally, I simply do not agree with the notion that this is the end of bobbies on the beat. I am sure that the Government would never compromise public safety. In fact, the proportion of front-line police officers has risen in the past five years. I implore the Police Federation to debate, discuss and engage in positive dialogue with the Government on reform, rather than continue to adopt its militant stance.

We must be serious about how we progress with policing. This is no time for political grandstanding. We must move on from the political obsession with police numbers. The public deserve a far more serious and forensic approach to policing services, and I am glad that the Home Secretary, the Policing Minister and the Government are undertaking the serious work required to do that, rather than engaging in political point scoring.

As a former police officer, I offer my full support to the Home Secretary on her and her team’s excellent work on falling crime figures and on ensuring that policing is able to meet the serious and perpetually changing challenges of the 21st century.

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[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

Despite the best efforts of Southwark police, my constituents are concerned about the cuts to the borough force and the loss of 200 officers since 2010. These cuts were made despite a concerted campaign by Councillor Michael Situ, cabinet member for communities and safety on Southwark Council, and my constituents are nervous at the prospect of a further cut of 25% or 40% to the borough’s resources.

Four particular groups of crime have been raised with me. The first is drugs and the antisocial behaviour relating to their use and sale. In parts of my constituency, there has been a rise in the visible use and sale of class A drugs. This is in central London. In particular, residents of Tissington Court, in Rotherhithe, feel that the police were unable, or lacked the resources, to tackle the regular sale and use of heroin within the block. Families felt unable to send their children up and down the stairwell because of the use of heroin and its impact in that stairwell, including the voiding of bowels there during the day. To get that issue resolved, it took an incredible amount of time, and a concerted effort on my part with the Rotherhithe councillors, who took it to the police along with the local tenants association.

There has been a lack of focus in the debate on business crime, although my hon. Friend the Member for Hove (Peter Kyle) raised the issue far more eloquently than I probably will. There are concerns that relate to businesses in my constituency. The rise in shoplifting has been raised with me by Tesco managers. Particular businesses have been targeted—for example, pub users have had their mobile phones stolen. We have seen a dramatic increase in commercial squatting across the constituency, which I raised with the Met commissioner. The Albion in Rotherhithe and The Elephant and Castle—unsurprisingly, located in Elephant and Castle—have been targeted. Even the Metropolitan police’s own building, the former forensic lab in Walworth, was squatted by about 80 people until it was emptied for sale.

My constituency has also seen a rise in commercial burglaries, particularly around Borough and Bermondsey, Long Lane and Tower Bridge Road. Cold Mountain Kit, next to my constituency office, was burgled on the day it opened. Businesses are losing profits and confidence when targeted in this way, as well as losing their stock and facing higher insurance costs. They also live in fear of repeat incidents in the face of cuts to our policing.

We have seen a drastic rise in street robbery, too. The South London Press covered it just last week. A 46-year-old mum was mugged when picking her son up from school; a 70-year-old woman on Olney Road had gold jewellery stolen off her body; and an 85-year-old women was targeted for gold theft by muggers on Andrews Walk in a recent spate of incidents.

As other Members have mentioned, we have seen a dramatic rise in murders and knife crime in particular. It gives me no pride to say that Southwark has one of the highest murder rates in the capital. Knife crime has risen by 13% in England and Wales; and in 2013-14 only 16% of the knife crimes in Southwark led to charges being brought. I see that the hon. Member for Gower (Byron Davies) is back in his place, and he suggested that the police have the resources to deal with that. I think that is offensive to my local police force. With the track record of 16% of charges brought in cases of knife crime, the police clearly do not have the capacity to tackle that problem. Most recently, close to where I live in the constituency, 16-year-old Mohammed Dura Ray was murdered in a brutal knife crime on 14 September. His mum is desperate for answers and desperate for that terrible track record of solving knife crimes to be confronted.

[Byron Davies]

I did not say that the police had the resources; I said that they needed to use their resources properly—they need to be properly managed.

[Neil Coyle]

So the hon. Gentleman is suggesting that Southwark police are not using their resources properly. Brilliant! I thank him for that contribution.

I have met Mariama Kamara, the mother of Mohammed Dura Ray, and I am organising a knife amnesty in the constituency. The Prime Minister said he was unable to meet Mariama to discuss her concerns about policing locally. I hope that the Home Secretary or another Home Office would be willing to meet her.

Immigration Bill (Fifth sitting)

Lord Davies of Gower Excerpts

Tuesday 27th October 2015 Public Bill Committees

[Anne McLaughlin]

In legal terms, the hon. Gentleman is wrong. That is not what trafficking is. He needs to look up the legal definition of trafficking because trafficking happens against somebody’s will. We have to protect those people. Now that the hon. Gentleman understands, perhaps he will support this amendment.

[Byron Davies (Gower) (Con)]

Does the hon. Lady accept that when I worked as a police officer in Romania, young ladies who wanted to come to the UK through Spain would look for a trafficker to facilitate that journey to Spain and the UK? That is trafficking, contrary to what the hon. Lady is suggesting.

[Anne McLaughlin]

I think the hon. Gentleman is making the decision to do what a lot of today’s media do, which is to focus on people who have an element of choice. Most people who are trafficked—well maybe not most people, but a significant number—are trafficked against their will. They are the most vulnerable people and the people we have to protect. This amendment is asking only that the new director pays attention to the rights of the most vulnerable people. We cannot say that one person has had an element of choice but another person has not, so we will not protect the second person. So no, I do not accept what the hon. Gentleman says.

Immigration Bill (Third sitting)

Lord Davies of Gower Excerpts

Thursday 22nd October 2015 Public Bill Committees

[The Chair]

I am sorry to interrupt, but in order to get the next Member in, I must press on.

[Byron Davies (Gower) (Con)]

Q 240 I would like to ask the panel a more general question concerning a group of people who have not been mentioned yet: the great British public. Over a period of several years of knocking on doors speaking to many thousands of people, the issue of immigration has not failed to raise its head, hence the Bill before us. This issue comes up all the time. What assessment would you as a panel make of people abusing the immigration system?

Don Flynn: It certainly takes place; I am certain that that is the case. There is an industry out there. People know that there are flaws in the system, and there is an opportunity to make money exploiting all that. As far as individual migrants are concerned, as I implied in my earlier answer, I find most people are very honest. Most people want to work. They want a life, and they want to do all the normal things, but they find themselves in situations that they simply do not understand. They become—

[The Chair]

Sorry, Mr Flynn, but we have got two minutes left. Mr Berry.

Adrian Berry: There are clearly instances of abuse of immigration control. One driver is often the fact that, if you are a forced migrant because you are displaced from your home country by reason of persecution, there is no visa regime to enable you to flee persecution, and carriers’ liability penalties are imposed. Syrians, for example, cannot get a humanitarian visa to come to the UK to claim asylum, nor can an airline carry them, because it will be fined. So, unsurprisingly, to flee civil war in Syria, they are seeking the assistance of smugglers, which engages immigration control. That is a classic example of how a statutory regime interacts with forced displacement to produce what might be construed as abuse of immigration control by uncharitable persons.

Colin Yeo: No doubt there is some. One of my big concerns with the Bill is that it throws out the baby with the bathwater, because things like—

Immigration Bill (Fourth sitting)

Lord Davies of Gower Excerpts

Thursday 22nd October 2015 Public Bill Committees

[Mims Davies]

Q 283 But we heard from some organisations yesterday that sometimes the first conversation about the fact that it can go wrong happens after it has gone wrong. That is why I am asking the question about such a good organisation as yours—to ensure that the whole round is explained to people.

Andrew Hewett: I can absolutely confirm that that is our position. I also believe that that is the position of most organisations in the sector.

[Byron Davies (Gower) (Con)]

Q 284 I have sat here for two days listening to people say that so many things are wrong with the system as it is at the moment, some of them picking faults with the Bill. I understand that UNHCR, for example, thinks that discontinuing support is unlikely to encourage people to go home. I do not know whether the panel shares that view. If you can justify that, I would like to hear your comments. Secondly, what therefore is the panacea for this?

Peter Grady: Sorry, what was the second part of that question?

[Byron Davies]

What is the answer to this? What is the solution?

Peter Grady: That might be a bit more difficult. Jumping to the first question, on whether the proposed changes will meet their objective, it was noted in our evidence that we had concerns whether removing support would meet the objective of encouraging return, or disincentivising staying, particularly for families of refused asylum seekers. I know that that has been discussed in some detail in this Committee, for example the section 9 pilot that was undertaken, so I will not go into that, but it is also UNHCR’s own experience, in exchanges and general discussions with colleagues and in some of the studies that we have conducted in the past.

To go back to some of the work that we have done on alternatives to detention, we have also looked at some of the drivers for compliance and issues surrounding absconding. There was a study, to go back a bit to 2006, in which that issue came up.

[Byron Davies]

Q 285 Where was this?

Peter Grady: It was a global study conducted by Ophelia Field for UNHCR. It looked at a range of countries, but in that context, it was the Netherlands, which had introduced a measure to withdraw support after 28 days. It was observed that in that context, people would go underground immediately before the 28 days ended. It was not encouraging contact with the authorities, which undermined their efforts to return those people.

Karl Pike: I think we would agree that withdrawing support in the way proposed would not lead to people leaving. I will not go over the previous pilot, but the evidence from that is quite clear. On solutions, we are looking to propose some and work with the Government. For instance, if you lengthened the grace period beyond 28 days for families, it might allow people longer to consider their options—

[Byron Davies]

Q 286 Or to disappear.

Karl Pike: Well, when is it more likely that someone is going to disappear—if they are supported for longer so that they can talk about what they are going to do, or if support is completely withdrawn? The evidence from the last pilot was that more people absconded.

Peter Grady: May I add something, Chair?

[The Chair]

May I just say that we are going to run out of time and Members are not going to be able to ask their questions? But carry on.

Peter Grady: Very briefly, in terms of solutions it is worth looking at the family returns process. As far as we have observed, as least, it is an effective way of engaging with those at the return end of the spectrum. It has been seen to be successful, and increasingly so over the years. From the statistics I have looked at, more recently, at least, in 2012 to 2014 we had 76% of people leaving without an ensured return, up from 50% from the period of 2011 to 2012. It is worth considering.

Immigration Bill (First sitting)

Lord Davies of Gower Excerpts

Tuesday 20th October 2015 Public Bill Committees

[Paul Blomfield]

Q 26 Briefly, is there any evidence from other countries that withdrawal of support along the lines proposed in the Bill assists compliance?

Mike Kaye: I cannot speak for other countries, but in the UK we can go right back to 1996 and look at how we have tried to use the removal of support either to reduce applications to the country or to encourage returns, and none of those attempts has worked.

[Byron Davies (Gower) (Con)]

Q 27 Good morning. I have heard what you have said in answer to the questions about what is proposed in the Bill. You have given your objections to what is in the Bill, so can I ask you what you think is the way forward to effect behavioural change? What is your answer to it?

Mike Kaye: My answer—I have referred to this before—is that you need to resource the system properly so that you get quick, accurate decisions and you enforce them. That is not about spending more money, because it is a spend-to-save policy. With each caseworker you employed, you would actually save money from resolving asylum cases earlier in the process. Once you reduce backlogs, you reduce incentives for people to make unmeritorious claims. You also ensure that you do not get, as John was saying, people who have been in the system for a long time whom you can no longer remove because they get other obligations to stay in this country. That reduces cost and makes the system work better, and it gives it credibility.

[Byron Davies]

Anyone else have a view on that?

Judith Dennis: It is important to understand that some cases are complex and some decisions will not be made right first time. You can do the majority right first time, but you need independent scrutiny and you need skilled caseworkers. There are some in the Home Office who are very good at picking up a case and seeing it through to its end, and that has not been incentivised in the past. Incentivising people to pick up a case and not to lose it until they have resolved it is needed. In addition, accept when somebody cannot be returned home, and give them leave.

[The Chair]

I cannot read the clock very well, so Gavin Newlands, very quickly.

--- Later in debate ---

[Sarah Champion]

Q 62 Mr Miley, as a licensing officer, does this give you enough to go on to stop illegal practice, or would you like to see more in there?

John Miley: I think it helps. I am quite keen to ensure that the licensing authorities are not given some sort of role in this in respect of being responsible. If we are making checks on certain documentation, I do not want us to be part of the problem. If something happens and we miss a check, we do not want to be responsible for it. It is important that owners and employers are responsible. It certainly gives the enforcement agencies the opportunity to take proper action against them.

[Byron Davies]

Q 63 Caroline, you mentioned the extent of harbouring. You talked about the Romanian case on Channel 4. What is the extent of this, and what is the evidence?

Caroline Robinson: Of people being harboured in situations of exploitation?

[Byron Davies]

Yes.

Caroline Robinson: The evidence from the National Crime Agency statistics shows the range and scale of the exploitation referred into the national referral mechanism. The scientific adviser’s report to the Home Office was published last year, and estimated that there are 13,000 victims of modern slavery in the UK. If we go by the NRM stats, one third of those would be victims of labour exploitation—about 4,300 victims of labour exploitation in the UK. Those are the statistics.

[Byron Davies]

Q 64 What would your definition of harbouring be, out of interest?

Caroline Robinson: Harbouring was placed on the UN human trafficking protocol by the Americans at the time of the travaux préparatoires to the protocol. It was based on the definition of harbouring in US domestic law, which is about retaining individuals in a situation—keeping people in a situation and harbouring in the same situation.

[Paul Blomfield]

Q 65 I am keen to ensure that we learn from other countries, and I am interested to know what the panel thinks we can learn from them about effective labour market enforcement. In particular, I am interested in the line of questioning that I was pursuing earlier, which was about the relationship between immigration officers and labour market enforcement regimes. For example, in the States there are clear firewalls, which the Americans think enhance effective labour market enforcement.

John Miley: I have no view on that, I am afraid.

Caroline Robinson: FLEX has just conducted a review of other countries’ labour inspection frameworks, and we have also been looking at research; we have been conducting research as part of a pan-European project on improved identification of victims of modern slavery. That research in particular showed an interesting finding in the Netherlands, which we had previously held up as a great example of labour inspection; it has a very large labour inspectorate and has conducted work in this area in the past. However, the victims of trafficking we spoke to there said that the confused mandate of the SZW inspectorate caused problems on the ground, so that they were unwilling to come forward. That is because the inspectorate serves two functions: one, to identify undocumented workers; and, two, to identify exploitation.

The concern in our research then was that the people we had spoken to had not come forward to be identified by inspectors at the time of inspection, because of the overlap they saw between the inspectorate and the aliens police, which often conduct joint investigations; and the inspectorate has an overlapping mandate.

We are also concerned that where this overlapping mandate exists, it is quite hard to look for two things at the same time. We have our own example of that in the UK. We have the case R v. Khan, Khan and Khan, from 2010, about nine men who were held in in a restaurant by the Khan family in a situation of trafficking for labour exploitation. Those men were there for four years in situations of exploitation before they were discovered and before those perpetrators were convicted of trafficking. During that time, the judge’s report from the court said, there were regular inspections by Home Office officials. So the documents were in order, but the labour exploitation was not; those people were being held and trafficked for labour exploitation, yet regular Home Office inspections identified nothing. Eventually, they were able to seek help from family members or friends to leave that situation.

Kevin Green: Our take on it is that we are part of a global organisation of recruitment businesses called Staffing Industry Analysts. We recognise the need for strong labour enforcement, and there are lots of examples of where it works well.

One area that we would certainly flag up, and where we need to be careful, is in putting too much of an onus on business to address this issue through some kind of licensing regime. We have looked internationally and we cannot find any example of where we think this adds a huge amount of value. We think that a lot of this activity is about criminal activity, where people are trafficked and in forced labour.

We are very clear that the role is, first, to hold large organisations to account, as I have already talked about, through supply chain management, and, secondly, to have a strong inspectorate, which has the resources to investigate and bring people to bear, rather than creating a huge bureaucracy for a lot of legitimate businesses, where there is more responsibility to produce evidence, and which would add cost and complexity to legitimate businesses. What we are really doing here is trying to find the people who are undertaking this activity of forced labour and human trafficking.