(12 years, 9 months ago)
Commons ChamberUrgent 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
James Adams, a decent, gentle, law-abiding constituent of mine, was murdered by Islamist terrorists on 7/7, and my constituents will be appalled and disgusted by this judgment of the Court. Following on from the point made by my hon. Friend the Member for The Wrekin (Mark Pritchard), is it possible that the Home Secretary could consider the efficacy of doing what Sweden did and suspending our membership of the European convention on human rights?
Of course everybody in this country—everybody who wants to ensure that we can deport those who are a danger to us here in the United Kingdom—will be appalled by the decision that was taken by the Strasbourg Court. As I have said, we are doing everything we can to examine the legal options available to us. I continue to say that I believe it is right that we should be working to reform the European Court of Human Rights, and to do that we need to get the support of all of the other 46 countries involved.
(12 years, 11 months ago)
Commons ChamberAs the hon. Gentleman knows, there are no border controls between southern Ireland and Northern Ireland because we all subsist in the common travel area. However, I am happy to tell him, as I think I have before in this House, that I am shortly to visit Dublin to sign a memorandum of understanding with the Irish Government that will strengthen the common travel area. He makes a valid point, from his constituency interest in the port of Stranraer, that we need to ensure that the common travel area is as robust as it should be. I am determined to do that and so are the Government of the Irish Republic.
Under e-Borders, we already screen more than 90% of non-EU flights and more than 55% of all flights into and out of the UK. We are continually extending the number of routes and carriers covered. More than 10,000 wanted criminals, including murderers, rapists and those responsible for smuggling drugs or humans into the country, have been arrested at the border as a result of such advance passenger screening. As a result of joint working with the French authorities and the use of improved technology, it has become even more difficult for clandestines to evade border controls. That has resulted in a significant reduction in the number of attempts to cross illegally from France to Dover from more than 29,000 in 2009 to 9,700 in 2010. That is a significant strengthening of our border between Calais and Dover.
To move on to the point raised by my hon. Friend the Member for Banbury (Tony Baldry), we are tackling those who come here illegally as well as those who have come for a limited amount of time and then not gone home. We are making life more uncomfortable for those people. Those who are not compliant in one area usually are not compliant in others. We are therefore working ever more with organisations such as the Driver and Vehicle Licensing Agency, the NHS and credit reference agencies to track people down and encourage them to go home of their own accord. We tell credit reference agencies about illegal immigrants so that they cannot easily access credit.
We are also focusing on criminals who facilitate people staying here illegally, such as sham marriage facilitators and passport factories. The UKBA and Her Majesty’s Revenue and Customs are working together to come down hard on rogue businesses that use illegal labour to evade tax and minimum wage laws. The first year of that joint work resulted in more than 130 arrests and potentially hundreds of thousands of pounds of tax liabilities for HMRC. A targeted campaign this summer saw more than 550 arrests. We are seeing the results. On 25 November, a Moroccan serial fraudster who used a fake identity to get British citizenship and claim an estimated £400,000 in benefits was sentenced to nearly seven years in prison. Last month, a Vietnamese woman was found guilty of conspiracy to facilitate and smuggle immigrants from Vietnam to Europe and was sentenced to five years in prison at Maidstone Crown court.
Can my right hon. Friend confirm whether there are any plans to extend nationally the pilot scheme that is being undertaken in Peterborough to remove people who are not exercising their rights under the former worker registration scheme and the free movement directive? It has been very successful, with the UKBA working with both the local police and the local authority to remove those individuals, who at the moment are a burden on the public purse.
I am pleased to hear from my hon. Friend, who has a long history of campaigning on the issue on behalf of his constituency, that he has seen signs of the success of that activity in Peterborough. As he knows, the problem to which he refers is concentrated in particular areas, so we are not planning to roll the scheme out nationally. That would not be the best use of resources. We want to concentrate on the two or three areas in which that problem is most acute.
Apart from the successful arrests and prosecutions that I have talked about, we are also working to remove people more quickly to more countries. Between May 2010 and October this year, we completed a total of 68 special charter flights of people being removed who had no right to be here, which resulted in 2,542 removals. We are also tackling the problems of the past as they relate to foreign national prisoners. We are starting the deportation process earlier and removing foreign criminals quicker than ever.
Finally, being selective is also about protecting the most vulnerable. Britain should always be open to those genuinely seeking asylum from persecution. As I have said, the asylum system is demonstrably better than it was a few years ago. Over the past 15 months, we have reduced by a quarter the number of asylum seekers awaiting a decision on their application.
Indeed, and in a sense that is the conundrum that the Government have to try to resolve. At some point, they will obviously change the threshold from its present low level, but if they go for a significantly higher figure, the danger is that it will introduce an unfairness. The strange thing is that while people might be intrinsically opposed to individuals in general being allowed to bring others into this country, they tend to adopt a slightly different attitude when confronted by individuals that they have got to know.
The NHS also has specific needs in relation to migration. Several hon. Members have approached me about problems that their local accident and emergency units are having, because these days many doctors do not want to work in those units—there can be violence, many people are drunk and there is no ongoing care for patients. Many trusts, and many local health boards in Wales, have been looking to recruit internationally, but it is impossible for them to do so because of the way in which the rules are structured. That is placing a very precise burden on some accident and emergency units. Of course it would be better if we planned better so that we did not have skills shortages, but in some parts of the country they do exist.
We all believe in evidence-based policy making, rather than the anecdotal points that the hon. Gentleman is making. In that case, why did his Government, when they were in power, specifically prevent the publication of information in the form of research by the Department for Communities and Local Government that considered the impact of immigration on local services?
I do not have the faintest idea. If the hon. Gentleman wishes to write to me, I will try to give him a better answer. Yes, my point is anecdotal, in that the Government have a figure for certain forms of accident and emergency doctor provision in the whole of the UK, and there is no shortage across the whole country, just in certain areas. That is why we may need some tweaking to ensure that we are able to maintain the services on which we all rely. There are similar issues in relation to nursing, not least because one of the elements of migration that we must bear in mind is that many British nurses—although no statistics have been provided since 2008—are choosing to work in countries such as Canada, New Zealand and Australia. It is therefore difficult for us to plan precisely.
I have just quoted the words of a former Labour Education Minister, and I will write to the hon. Gentleman if he would like me to find a study for him.
I am afraid that the hon. Member for Bradford East (Mr Ward) is incorrect. There is evidence to suggest that. The Minister acknowledged in a Westminster Hall debate earlier this year that children without English as their first language are 19% less likely to succeed in key stage 2 SATs. That is an important issue, particularly for primary schools.
I am most grateful to my hon. Friend. I shall not repeat the powerful point my right hon. Friend the Member for Mid Sussex made about students, but there is a very real issue to consider. At a time when the domestic take-up of degree courses is likely to shrink sharply, I suspect that the problem will grow more acute.
Middle-income and lower middle-income Britain is hurting: with long working hours, high levels of debt and rising prices in so many sectors, people struggle to meet their mortgages and rent payments and they see their standard of living eroded. There is a severe shortage of homes, and overcrowding in many schools, hospitals and prisons, too. We are trying to cope with the strains of a growing population. Infrastructure is also desperately overstretched in so many ways, with issues of flooding, water supplies, roads and land preservation looming.
We all recognise the huge contribution that moderate levels of immigration have made to this country in the past. I welcome the measures that Ministers and the Government have taken. I would argue, however, that the coalition has a long way to go on this issue. The heavy criticism from big business and elements from the left must not put them off. It is time to recognise that we must take much stronger action if we want to head off the most severe social consequences and a backlash orchestrated by some unattractive people in the extremes—not just from indigenous people, but increasingly from many concerned people in our settled ethnic minority communities.
It is a pleasure to follow the right hon. Member for Carshalton and Wallington (Tom Brake). Much of the discussion in the debate tonight is based on anecdote. One of the problems is that we have not had an opportunity recently to look at fact-based evidence. We can all unite around the idea that if we do not debate these issues in a moderate and mainstream way, the extremists will polarise people and drive wedges between our communities. They would like nothing better than to propagate violence, hatred and dislike among communities of different ethnic groups, religions, creeds and so on.
Not since the House of Lords Select Committee on Economic Affairs undertook a proper analysis in 2008 has there been such a study enabling us to identify the costs and benefits of large-scale immigration. It would be remiss of those on the Government Benches not to mention the lamentable policy of the previous Government. I hope the shadow Minister or his hon. Friend the Member for Kingston upon Hull North (Diana Johnson) will come to the Dispatch Box to ask the philosophical question that will inform Labour’s view, if it is developing policy to be a future Government—whether it believes that immigration is too high or not. That is a question that voters are entitled to ask and to which they are entitled to receive an answer.
I pay tribute to the work of the cross-party group on balanced migration and the work of my right hon. Friend the Member for Mid Sussex (Nicholas Soames) and the right hon. Member for Birkenhead (Mr Field), who have done a great job, ably supported by Migrationwatch. For nine years Migrationwatch has ploughed a lonely furrow, having been traduced as racist and as having some kind of hidden agenda to propagate community discord. Nevertheless, it has concentrated on the facts and more often than not been right in raising the tenor of the debate and allowing mainstream politicians to debate in a meaningful way based on facts.
The facts have not been good for the previous Government. It has fallen to the present Government to clear up the mess and the legacy of uncontrolled, unrestricted immigration. As my right hon. Friend the Home Secretary has said, 2.2 million people net entered the country between 1997 and 2009. We have not yet had a proper analysis of that, although in fairness the right hon. Member for Morley and Outwood (Ed Balls) was honest enough to say after the general election, about the immigration from eastern Europe, that
“there has also been a direct impact on the wages, terms and conditions of too many people . . . in communities ill-prepared to deal with the reality of globalisation, including the one I represent. . . As Labour seeks to rebuild trust with the British people, it is important we are honest about what we got wrong.”
If I was a cynic, I would say that is because the Opposition lost the election, but people now look to them to put flesh on the bones and to develop the mea culpa of the right hon. Member for Morley and Outwood.
Having heard many confessions in my time, I am not going to give a lengthy mea culpa. We have already said that immigration was too high, which was in part because we got the element resulting from countries joining the European Union wrong and did not introduce a points-based system soon enough. In answer to the hon. Gentleman’s question, yes of course we think that immigration has been too high and that it should be lower.
I am grateful to the hon. Gentleman for that, but there is a more insidious element to Labour’s proposals and its record in office, which was articulated by Mr Andrew Neather, a speech writer for Tony Blair, who was famously quoted as saying that the idea was to rub the right’s nose in mass immigration in order to make a political point. It was a systematic policy of mass migration pursued by the previous two Prime Ministers and the Labour Administration.
I will make some further progress.
The House of Lords Economic Affairs Committee found in its report on immigration, the most comprehensive such report brought before Parliament in the past 10 years, that
“we have found no evidence for the argument… that net immigration… generates significant economic benefits for the existing UK population… The overall fiscal impact of immigration is likely to be small”.
That might be true, but we do not know because there has not been a sufficiently robust analysis, which would be interesting, by either the Government or other academic bodies. What is certainly not in doubt is the public support we have for pursuing a robust, fair and transparent immigration policy. Last month YouGov polled the British public and found that, on a proposal to restrict net migration to 40,000 a year, which would prevent this country’s population growing to 70 million by 2027, 69% supported the idea and only 12% opposed it.
I support the range of policies pursued by the Minister, who has been open and collaborative on the concerns that hon. Members have in their constituencies, for example on student visas, family migration, income thresholds, language proficiency, temporary workers and promoted integration. However, I wish to speak in a similar vein to the comments of my hon. Friend the Member for Boston and Skegness (Mark Simmonds), who in a measured, well-argued and intellectually coherent contribution identified the issues we have in Peterborough, although I will not reiterate his points exactly.
Let me tell hon. Members a little about education. I secured a debate in Westminster Hall, to which the Minister of State, Department for Education, my hon. Friend the Member for Bognor Regis and Littlehampton (Mr Gibb) replied, in which I proposed incorporating the number of pupils for whom English is an additional language as a key factor in the pupil premium. In those areas where there are pressures specifically as a result of eastern European migration—there are probably fewer than two dozen such areas—the need for extra resources as a result of language difficulties should be factored in. For example, in the academic year 2010, of the 528 pupils at Beeches primary school in the central ward of Peterborough, only six spoke English as their first language. There are many such schools in Peterborough, although not necessarily at that level, but close to it. That will inevitably have a massive impact on educational attainment simply because the resources needed to bring all those children up to the appropriate standard will be significant.
Another concern relating to education that we must not forget is churn. Many of the low-wage and low-skilled people who work in horticulture, agriculture and food processing and packaging in Boston and Peterborough come here for short periods, which disrupts their children’s education. For instance, overall in Peterborough, 4,767 pupils—31%—did not have English as their first language. Of 2,103 pupils with key stage 2 results, 21% were not in the city at the beginning of their school year, and 22%, or 450 pupils, were in the foundation stage but were not put in for key stage 2 SATs. That one simple example is important in terms of the training, expertise, skills and knowledge of the teachers required to teach those children.
I shall draw the Minister’s attention to some specific issues. On the A2 accession of Bulgaria and Romania and, particularly, the moratorium on the free movement of labour, it would not be appropriate to change in 2013 our policy on that restriction. It is an extremely important issue, because the potential mass migration of large numbers of low-wage and low-skilled people from Romania and Bulgaria would have a significantly negative effect on the UK labour market in 2013, and I welcome the preliminary findings of the Migration Advisory Committee in making that clear to Ministers. Serious consideration should be given to derogation for a further period—perhaps to 2015 or 2017.
On the interrelationship between the Home Office and the Department for Work and Pensions, we must clarify the issue of the right to reside and the habitual residence test, particularly the operation of the Immigration (European Economic Area) Regulations 2006. The House of Lords Merits of Statutory Instruments Committee, in its 26th report, found that the DWP had done insufficient work in looking at the impact and ramifications of the end of the workers registration scheme, and that is important in terms of people’s access to benefits such as jobseeker’s allowance, pension credit and child tax credit.
I am concerned, too, about the European Commission infringement proceedings and its reasoned opinion, which essentially breaks the social contract, established over many years in this country, that one does not receive benefits unless one has a demonstrable link to this country and has paid taxes to this country. I draw the House’s attention in particular to the case of Mrs Patmalniece, a Latvian woman who claimed pension credit, having never worked a single day in this country. That cannot be right for my constituents or for the constituents of any hon. Member.
I am concerned also about criminal records data in the European Union, because in respect of sharing such data we are not properly using regulation 19(1B), which came into effect in June 2009 as an amendment to the 2006 regulations. If we are using it, we are doing so reactively. It is not right that someone with a criminal record can get on a coach in Lithuania and turn up in Boston, Peterborough or any other urban or rural centre in the United Kingdom.
My hon. Friend is, as always, making a well informed and articulate contribution. Is he aware of the recent case in my constituency, where a Lithuanian gentleman, who had been convicted in Lithuania of an axe murder, turned up in Boston and killed a lady, and that it was not until he was convicted in a British court that the information came out? My hon. Friend is making the pertinent point that we should put in place structures to stop people with such convictions entering the UK in the first place.
I thank my hon. Friend for that helpful intervention.
I know the Minister will tell us that the Schengen information system, SIS II, is coming down the line, and that we will be able to share criminal records data across all 27 nations of the European Union, but that will not happen until 2015. We have the power at the moment under regulation 19(1B) to exclude people in respect of public policy, public security and public health, and we should look again at being much more pro-active in that respect.
Non-European Union immigration is a massively important issue on which we made a bond of trust in our manifesto at the election. It was the No. 1 issue on the doorstep in my constituency. Let us not forget the important impact of eastern European immigration on local authorities, health authorities, primary care trusts and police services across the country. The Government are doing a good job and going in the right direction. We need a policy towards immigration that is based on fairness to individuals and to the taxpayer, and we need transparency. Above all else, we need to clear up the appalling legacy left to us by the previous Government.
(13 years ago)
Commons ChamberAs I shall explain, the issue is not whether a Minister mouths the words, but whether, in practice, that Minister acts in a way that demonstrates his or her responsibility for what happens in his or her Department.
The truth about the Home Office—which is the subject of all kinds of dark jokes, particularly when new Home Secretaries enter it—is that things are more likely to go wrong there than in any other Department. That is not because its staff are of less high quality than other staff; far from it. Overwhelmingly, the staff in all parts of the Home Office who served me during the four years for which I was Home Secretary showed the highest possible skill, dedication and commitment. They possessed the added attribute that they were dealing with people—such as prisoners, criminals and illegal immigrants—with whom most of us would not wish to deal day by day or week by week.
The fact that the Home Office is so often in the limelight for the wrong reasons, because there is a “fiasco” or “crisis”, is due to the nature of its business. Other Departments generally work with the grain of the people with whom they deal. There are two obvious examples. In schools, parents and pupils want, roughly speaking, what teachers and the Secretary of State want, which is better education. When it comes to health, patients and their relatives want the same as nurses, doctors and the Secretary of State, which is improved health care. The same does not apply in the Home Office, which is at the sharp end of the operation of the state. However much we may dress it up, the business of the Home Office is actually about enforcing the state’s monopoly over the use of force, and its monopoly over the deprivation of other people’s liberties. It is a hard, tough job, both for the person at the top and for those all the way down.
The other aspect that lies behind one of the core arguments in the debate is that, because the Home Office’s business is about the use of force, the deprivation of liberty and the refusal of rights, junior, young and quite inexperienced staff must often be accorded a very high level of discretion—discretion to arrest people, to allow them in, to lock them up, and so on—which is not accorded to equivalent people elsewhere. The whole system will seize up unless those lower down believe that those at the top are worthy of their confidence, and are ready to take responsibility when things go wrong.
I am not dewy-eyed about what can go wrong in a very large Department—of course not—and no Secretary of State is responsible for locking every cell door or checking every border. I recall occasions when, after a full and careful inquiry, one or two people had to be invited to pursue their careers elsewhere. That is inevitable. However, I believe that it must be done in a way that is judicious and judicial. Secretaries of State must ensure that they take the overwhelming majority of their staff with them. What they should not do—I am sorry that the Home Secretary has embarked on this—is adopt what appears to me, whatever the right hon. Lady’s personal motives, to be both a vindictive and a punitive approach of hanging someone out to dry because it seemed to her that that would be a way of saving her career.
I think that the House would take the right hon. Gentleman slightly more seriously were it not for the case of, say, Mr Steve Moxon, who in 2004 revealed the evident failings of the previous Administration on immigration, particularly in relation to one-legged Romanian and Bulgarian roofers. For his pains he was hounded out of office, as indeed was the then Member of Parliament for Stretford and Urmston, the right hon. Beverley Hughes.
I am happy to clarify what I said. There is evidently a double standard in what the right hon. Gentleman says. He talks of keeping the respect and trust of people who work in the Home Office or the Ministry of Justice, but those who have revealed the failings of the last Administration on immigration have been hounded out of their jobs.
(13 years, 2 months ago)
Ministerial CorrectionsT4. The Equality and Human Rights Commission posted qualified accounts in 2009-10 and the auditors found poor financial management, poor record keeping and poor leadership. What specific actions will the Minister take to rectify this problem and to ensure that taxpayers’ money is not wasted by that organisation?
I thank my hon. Friend for drawing attention to the issue. The qualifications, of course, represent spend for periods under the previous Government and we have been absolutely clear with the EHRC from the start that any problems with its accounts under this Government are likely to result in financial consequences for it. In March, we set out our plans to change the EHRC. Our consultation closed in June and we will be responding shortly, but we have already announced that we will reduce its budget by more than half from £55 million in 2010-11 to £28.8 million in 2014-15.
[Official Report, 12 September 2011, Vol. 532, c. 751-52.]
Letter of correction from Mrs Theresa May:
An error has been identified in the oral answer given on 12 September 2011. The correct answer should have been:
(13 years, 2 months ago)
Commons ChamberIt is entirely a matter for the chief constable and police authority how they deploy their resources. There has been some rationalisation of custody and we are also very supportive of those forces that seek to contract out custody facilities and in so doing improve their service and save money.
T4. The Equality and Human Rights Commission posted qualified accounts in 2009-10 and the auditors found poor financial management, poor record keeping and poor leadership. What specific actions will the Minister take to rectify this problem and to ensure that taxpayers’ money is not wasted by that organisation?[Official Report, 14 September 2011, Vol. 532, c. 9-10MC.]
I thank my hon. Friend for drawing attention to the issue. The qualifications, of course, represent spend for periods under the previous Government and we have been absolutely clear with the EHRC from the start that any problems with its accounts under this Government are likely to result in financial consequences for it. In March, we set out our plans to change the EHRC. Our consultation closed in June and we will be responding shortly, but we have already announced that we will reduce its budget by more than half from £55 million in 2010-11 to £28.8 million in 2014-15.
(13 years, 5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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I thank my hon. Friend for his intervention. That view has certainly been expressed to me on many occasions by many vice-chancellors. It also reflects my experience of working with international students. As I said earlier, this is a market in which we have been spectacularly successful, growing our world share of it from 1% to 11% at the same time as the USA’s world share of it dropped. One of the contributory factors in that decline in the USA’s world share was the way in which the USA messed around with its own visa requirements during that time.
I congratulate the hon. Gentleman on securing this important debate. However, in fairness, he is not using a holistic approach. The Home Office concedes that one in five students in higher education and on pre-degree-level courses will become a de facto economic migrant, and therefore the complete fiscal impact, given the net rise in immigration, will clearly include an effect on the public purse and on the delivery of important public services.
I assume that the Home Office, as a diligent Department, took account of all the relevant issues when it published its impact assessment earlier this week and indicated that the proposals’ effect on the economy would be minus £2.4 billion.
It is a pleasure to serve under your chairmanship for what I think is the first time, Mr Benton. I congratulate the hon. Member for Sheffield Central (Paul Blomfield) on his cogent, intelligent and measured speech. If I might make one slightly negative observation, it was perhaps very narrow, and I understand that, given that he pursued his constituency interest, rather than looking at the overall picture on immigration. It is a mark of how important this issue is that the hon. Gentleman has the support of so many of his hon. Friends, who will no doubt make eloquent pleas on behalf of the higher education and other institutions in their areas.
The Government’s policy must be seen not simply in a vacuum or within the narrow parameters of student visas, but in the context of the Government’s commitment to reducing net immigration. That policy position is supported by a substantial majority of the British electorate; it was clearly enunciated in the Conservative election manifesto in May 2010 and it was recapitulated in the coalition agreement of that month, which is the basis on which this Administration put forward their policies.
I have to say that the position we have taken was also a constituent part of the policy pursued by the former Government. The right hon. Member for Birmingham, Hodge Hill (Mr Byrne), and even the right hon. Member for Morley and Outwood (Ed Balls), have expressed concerns and linked the inability to deal with immigration to the fact that the Labour party achieved its second-worst electoral result last year.
Does the hon. Gentleman not agree that these measures will only make the UK a less competitive and less attractive destination in the international student market, which is a significant growth area?
Time permitting, I hope to articulate the slightly wider view that universities have not only a narrow remit to deliver education to their paying customers as part of a contractual relationship, but a social responsibility to educate the people of this country appropriately.
My hon. Friend makes an excellent point. One problem with the lens through which the previous Government looked at immigration policies was that it often focused predominantly on economic perspectives. Having had years of immigration, which have kept working wages down, and hearing that we need different immigration policies based on economic benefits, the British people want to see immigration brought under control first before they move forward. Does my hon. Friend agree?
My hon. Friend makes an astute point. Incidentally, there is no empirical, anecdotal or demonstrable academic evidence to show that there will be a significant impact on good-quality institutions and the courses they offer. That is simply because we are going forward incrementally, and we cannot yet assess the impact.
I thank my hon. Friend for giving way. He says that there is no empirical evidence, but all of us have received letters from university chancellors in our constituencies and adjoining constituencies. They are specifically and clearly saying that the Government’s measures will radically affect their institutions financially and in terms of the facilities that they provide for other students. How can the hon. Gentleman say what he has said?
I am touched that the hon. Lady calls me her hon. Friend, and I am happy to accept that sobriquet. I would direct her to the recent comments by Nicola Dandridge of Universities UK, who said that the Government’s proposals
“take into account many of the concerns expressed by Universities UK and will allow British universities to remain at the forefront of international student recruitment.”
That was said after an exhaustive, detailed and comprehensive consultation with key stakeholders, including language schools, universities, colleges of further education and others intimately involved in the system.
If I am called to speak, I hope to refer to a letter that I have had from the principal of Edinburgh university, Professor Sir Timothy O’Shea. The university was founded in the middle of the 16th century, and its chancellery recently passed a humble address on the occasion of the Duke of Edinburgh’s 90th birthday. Is the hon. Gentleman saying that it is not a reputable institution and that the concerns raised by the principal are not real?
The former Prime Minister was an alumnus of Edinburgh university. However, none of us is in any doubt that we live in an age of globalisation and that we must be competitive. The Government’s template and watchword is that we will be open for business and geared to growth across a number of areas, including manufacturing, services, finance and higher education. We all understand that that approach is based, in the higher education sector, on the reputation, kudos and prestige of the institutions involved, and none of us has any argument with that. I truly and sincerely believe that the Government and my hon. Friend the Minister would not hastily introduce proposals that damaged that reputation.
The onus is on those taking the Government to task to demonstrate that the proposals will damage the reputation of the higher education sector and that they are not—as I believe, and as the Chairman of the Home Affairs Committee would surely concede, given the views expressed to his Committee—about dealing with bogus institutions, bogus students and overstayers. I will talk later about the financial impact, which I mentioned in my intervention on the hon. Member for Sheffield Central.
The wider issue is that if we do nothing about net migration, we will have a population of 70 million in 20 years and one of perhaps 80 million in 50 years. Under the Labour Government, net migration quadrupled to 237,000 per annum between 1997 and 2007. With the exception of Malta, England is now the most overcrowded country in Europe, along with the Netherlands. Under the former Government, 5.2 million people came into this country as foreign migrants, while 2 million left.
As I said, senior parliamentarians have noted that significant mistakes have been made. I draw hon. Members’ attention to the projections made about European Union migration before the free movement directive came into force in 2004. Officials at the then Home Office told us that about 13,000 to 15,000 EU migrants would seek temporary work under the worker registration scheme, but they were out by a factor of 25, if not more.
I have no objection to the hon. Gentleman’s widening the debate, because he touches on the context of the Government’s actions. However, on his last point, we cannot do anything about EU migration. Does he not agree that we should be careful about restricting genuine people from taking genuine, legal routes to come here to study, because we cannot stop people coming from the EU? Does he not also agree that it is essential that we know the figures—how many people come in and how many go out—when we debate immigration? To this day, we do not have accurate figures.
The Chairman of the Select Committee makes his point in his normal charming and intelligent way. My wider point, which he anticipates, is that the former Government made no effort to anticipate EU and non-EU immigration. Indeed, it has recently come to light that they suppressed research commissioned by the Department for Communities and Local Government, which looked at some, although not all, of the negative consequences of large-scale migration.
All I am asking in considering the specific and narrow point about tier 4 student visas is that we genuinely look at the cost-benefit analysis for the wider community. Yes, we can argue about nuances and value judgments made by individual higher education institutions, but at the same time we must concede that within the wider policy framework, these decisions, which are essentially about large-scale migration, have wider ramifications. That is consistent with the Government’s view that we must move away from the inexorable conveyor belt towards a population that will be significantly greater within 25 years than the population of Germany or France, for example.
The policy has been flexible and there has been appropriate consultation. It is aimed principally at bogus students and overstayers. I would like to see the evidence that HE institutions will be adversely affected, because the level of graduate unemployment across all disciplines in the UK stands at something like 20%, which is pertinent when considering public policy on the recruitment of international students who might stay to work after the conclusion of their studies. That is fair. If we look at the fees regime and at how financial arrangements for universities will progress over the next few years and measure that against demand, we see that because of our reputation and because we have the kudos of being a principal centre of superb higher education in the world, the demand for people across the world will remain high, whether for chemical engineering, languages, dentistry or humanities.
Although many universities, including my universities in Nottingham, say that this will have a detrimental impact on their ability to recruit students and therefore on economic activity in the UK, the hon. Gentleman suggests that we must wait until that damage is done before the Government will act. That seems immensely short-sighted. Everyone is warning that this will cause damage and he wants to wait until the damage is done.
The evidence given by Migrationwatch UK for example—[Interruption.] Migrationwatch UK has put forward an evidence-based, robust and demonstrable case. It may not be to the taste of many Opposition Members, who are reminded on too many occasions of their abysmal failings in the management of immigration on behalf of the citizens of this country. Nevertheless the case is not usually challenged in terms of its robustness, and I am sure that the Chair of the Home Affairs Committee would concur.
It may come as a surprise to the hon. Gentleman that when Sir Andrew Green gave evidence to the Select Committee, he did not regard students as migrants. His main concern was those who came illegally and bogus colleges, not genuine students coming to the country to support University Centre Peterborough.
The right hon. Gentleman has reiterated the points I am making. I will not repeat verbatim what Sir Andrew said in his evidence to the Committee in February—I think—but he said that he was mostly concerned about pre-degree education, language schools and “bogus” colleges and that he did not see the increase in student numbers per se as a “problem” for immigration. I do not dissent from that view; he and are at one. I resist the premise on which the hon. Member for Nottingham South (Lilian Greenwood) proceeds, but I must be very careful because my brother is a professor at Nottingham university, so I am aware that it is a superb institution—he would expect me to say that, but nevertheless it is true.
The issue is not about reducing the number of students per se, but about closing loopholes and ensuring that we retain our integrity and reputation. If we look at pre-degree level courses, we must in fairness also look at the evidence over past years and draw a link between the number of students who have come into the country, over the past 15 years for example, and long-term economic migration and settlement. It would be foolish and short-sighted not to accept that many students have been economic migrants. We are looking perhaps at a reduction in student numbers of only about 10% from the 2009 figure of 270,000. No one has yet given detailed projections of how many of them would be in each sector.
On the face of it, yes, institutions will lose £105 million due to students not coming, but we must make the link and look at the opportunity cost—the displacement of indigenous people, who are British citizens, who are not in work and are on benefits as a result of jobs being taken by people who began as students but entered the work force. It is foolish to disregard that.
Even the Scottish Trades Union Congress and others have conceded that if we do not get a grip on that displacement and the corollary—the cost imposed on taxpayers—it will drive down wages and conditions, particularly for those in low-wage and low-skilled jobs in my constituency and others. That cannot be good for community cohesion and the economic well-being of the country.
In my constituency, regrettably, I do not have a university, but, equally regrettably, I do have a substantial British National party presence. Many of issues that the hon. Gentleman has brought up—the widening of the debate—are relevant to constituencies such as mine. I want to make it quite clear that representatives of local manufacturers have taken me round foundries and said to me, “The one thing that we do not want is a block on immigration, because we cannot get people from our own indigenous population to work in the foundries”. It is only by recruiting from outside that we have managed to sustain the jobs of the indigenous people who work in the foundries. Does the hon. Gentleman accept it from me that the issue is far more complex than he has articulated?
I am glad that the hon. Gentleman in the great socialist spirit articulates the point of view of the forces of capital, because they will almost always seek to drive down wages.
My hon. Friend the Member for Reading East (Mr Wilson), who is a very wise man, has reminded me of the hon. Gentleman’s party’s trouble over the concept of, “British jobs for British workers.” There was a pretty sharp U-turn over that. I am not mentioning creed, religion or colour, but economic and social trends in demography. I respect the hon. Gentleman in this instance because he is speaking for his constituents, as he is elected to do, and is a long-standing Member of the House, but I am also speaking for my constituents and from the position of having had between 16,000 and 20,000 migrants—admittedly from the EU—move to my constituency since 2004, because it is a centre for agriculture, horticulture and food processing and manufacturing. There has been displacement and pressure on maternity and other health services, housing, and in terms of crime, policing. Thirty-one per cent of children in my primary schools speak English as an additional language.
I concur with the right hon. Member for Leicester East (Keith Vaz): I accept that EU migration is sui generis, but it is because we can debate immigration in a reasonable and considered way that we do not give in to the BNP and allow it to spread its spite and division and destroy social cohesion. Unless we have a grown-up, truthful and honest debate, we will be in a difficult position.
Others wish to speak, so I will conclude as soon as possible. The number of overstayers has been assessed at about 32,000, as a rough guess, in recent figures by the Home Office. The focus is on overstayers. The UN definition of “migrant” has been mentioned. The hon. Member for Sheffield Central handled that issue sensibly. There is a debate to be had about the United Nations definition and whether students are economic migrants or merely temporary numbers in the system. That is fair enough. We hope to resolve that issue through e-Borders and discussions with European Union Governments, although I bring him back to the United Nations rather than the United States adopting that particular definition.
I respect the views of hon. Members and of the higher education sector, which is undoubtedly a vested interest and will seek to defend its business model as much as anyone else. We have seen other public services do so this week. Those in the higher education sector are articulate and can influence parliamentarians and others, for instance in the media, but they should remember that they have a responsibility to people who are not so articulate. They have a responsibility to develop scholarships and outreach programmes for people in this country, they have a wider remit to upskill people who might never have had an opportunity to go to university and they have a responsibility to drive social mobility. That is the challenge for universities.
I believe that the proposals are absolutely correct. They have taken on board the concerns of higher education institutions and others, and I think that they will deal with the issue of bogus students and colleges. I commend them to the House with the proviso that feedback will continue. In all sincerity, I do not believe that they will do anything but enhance the reputation and long-term viability of higher education institutions in this country.
I echo the remarks of the hon. Member for Bradford South (Mr Sutcliffe) about the thoughtful and passionate nature of the debate. The hon. Member for Sheffield Central (Paul Blomfield) introduced this important debate in a thoughtful way.
I will follow the good examples of my hon. Friends the Members for Peterborough (Mr Jackson) and for Bedford (Richard Fuller) and the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), the former Home Secretary, in saying that there are clearly macro and micro aspects to this and it is important that we conduct the debate about student visas and tier 4 within the overall context of the Government’s immigration policy.
I should say at the outset that Britain is quite rightly internationally renowned for its top-quality education institutions. Many hon. Members have rightly made that point. The students who choose to study here from across the globe bring numerous cultural, social and economic benefits to the UK and to their own countries when they return. We all acknowledge that and it is certainly acknowledged across Government.
We must recognise that the student visa system had become a broken instrument. It has failed to control immigration and, in many cases, to protect legitimate students—a point that the hon. Member for Islington North (Jeremy Corbyn) made. He said that severe damage has been caused. He said that people come here honestly hoping to study and then find that they have been scammed. Bogus colleges are scamming not just the British immigration system but the students who come here.
Student immigration has more than trebled in the past 10 years and is now far larger than the other two main routes of immigration—the work route and the family route. Too many of the people who come here calling themselves students have a primary motivation of working here, and not of receiving a high-quality education. Too many institutions are providing a service that is not about education but immigration. Addressing that issue is at the heart of what we are seeking to do. Many Members from all parties have agreed that it is worth driving out that abuse.
There are endless examples of institutions and “students” working the system to get round language requirements and rights to work, and to bring in dependants. That is not just a small problem; too many colleges provide minimal or no tuition or classroom study. We have students barely able to hold a conversation in English turning up to “study” degree-level courses.
Last year, both Governments—the Labour Government and the coalition Government—were in power. So I hope that I will respond to the point made by the hon. Member for Bradford South about being non-partisan by saying that in 2010 tier 4 visas represented 14% of visas that were issued, but tier 4 visa-holders were responsible for 41% of refusals at ports, in other words actually being turned down by immigration officers. The equivalent figures for tiers 1, 2 and 5 visa-holders were all less than 1%.
We want genuine students coming to Britain to attend courses of high educational value at legitimate and responsible institutions. We need to maintain our international reputation for providing top-quality education, and we want the very best students to stay on in the UK to complete their studies. That is exactly what our proposals are designed to deliver and that is why the Home Secretary announced a comprehensive programme of reform on 22 March. I want to set out what those changes mean in practice and how they will contribute to meeting our wider objective of reducing net migration to the tens of thousands. I also want to address the many specific points made by individual Members during the debate. I will try to deal with them all in the next few minutes.
Many contributors to the debate have talked about flexibility, including the hon. Member for Sheffield Central. Indeed, to minimise disruption to education providers and students, we are implementing the changes in three stages. The rules for the first stage came into effect on 21 April. Last Monday—13 June—we laid the second set of changes to the rules before Parliament. They will come into effect on 4 July. We will complete our changes by the end of 2012.
We continue to have extensive dialogue with the sector about the changes that we are making. I can assure right hon. and hon. Members who are concerned about that that there are numerous and constant contacts at official level and, where necessary, between myself and Universities UK and selected vice-chancellors about these changes, because we want to introduce them in the most practical way possible.
I want to respond to a specific point that was made about the timing of the changes. The hon. Member for Edinburgh North and Leith (Mark Lazarowicz) read out the letter from the vice-chancellor of a university in his constituency asking if all the changes could be delayed for a year. I should say that when we began to have discussions on them last autumn, we were urged by the universities themselves to get on with them, because we all know that the longer there is any uncertainty in a system, the more people are wary of that system. Various Members have said that the uncertainty that exists is deterring people from making applications and so on. If we allow the uncertainty to continue for another year, I suspect that the results would be worse. So that was the wise advice that I received from the universities last autumn.
I must repeat the basic point that there are so many abuses of the system that we need radical reform. Many colleges seem happy to accept students who do not even meet their own admissions criteria and who speak very little English. In one college, we found that there were two lecturers for 940 students. In another, we found that students were attending classes for just one day a month and working excessive hours for the rest of the time. UK Border Agency enforcement teams recently picked up students who were supposed to be studying at a college in London, but were actually living and working in west Wales; indeed, every student whom we found from that college was doing that.
We are targeting the least compliant students and institutions, and of course that is what we should do. For too long, institutions in parts of the privately funded education sector have been essentially unregulated, yet all the evidence suggests that those institutions pose the biggest risk to immigration control. In a sample of tier 4 students studying at private institutions about which the UKBA had concerns, up to 26% could not be accounted for.
The UKBA has revoked the sponsorship licences of 64 colleges. I hope that that meets the reasonable request of the right hon. Member for Leicester East (Keith Vaz), who is Chairman of the Home Affairs Committee, that the inspection regime should be robust. He said that the UKBA used to phone up institutions in advance to say that its inspectors were coming. As is evident from the number of licences that have been revoked, the enforcement regime is getting better.
I want to turn to the current points-based system. Again in the spirit of non-partisanship, I must say that this Government did not arrive and tear up that system. We said that we could build on it and we accepted the point of having objective ways of measuring who comes to the UK, and that is what we are seeking to do. Under that objective system, a sponsor assesses the intentions and ability of the student; UKBA staff no longer have the power to refuse a migrant entry to the UK on those grounds. We therefore need to make absolutely sure that sponsors are exercising their powers responsibly, and that is one of the things that these reforms are designed to achieve.
I will give way once; I suspect that I will not get through my speech if I give way to all the Members who wish to intervene.
I am very grateful to my hon. Friend for giving way. On the points-based system, given that the overall purpose of immigration policy is to reduce net migration, can he confirm that after the introduction of the points-based system in 2007, arrivals of students, dependants and student visitors increased from 370,000 in 2007 to 489,000 by 2009?
Absolutely. Indeed, the numbers were still rising right up until last year. We now have the figures up to the summer of last year and the numbers were still rising at that point. As I was saying, we are building on the points-based system, but we are precisely introducing limits and precisely driving out abuse in the student system. That is why we will move on to other systems, so that we can get the numbers down. The points-based system is not enough on its own, but it is a platform on which we can build.
The Home Secretary announced new reforms that mean that all sponsors must now be vetted by one of the approved inspectorates and all of them must attain the status of highly trusted sponsors. In line with that commitment, we announced earlier this week that the Quality Assurance Agency for Higher Education and the Independent Schools Inspectorate would extend their activities to cover privately funded providers. Sponsors must meet our immigration requirements and high standards of educational provision. Institutions that do not meet those requirements are now subject to a limit on the number of students that they can bring in. To stay on the sponsor register in the longer term, they must achieve highly trusted sponsor status no later than April 2012 and gain accreditation by the relevant agency by the end of 2012. The imposition of a limit responds to the urgent need to tackle abuse, allows sponsors time to adjust to the new system and prevents surges in applications from high-risk sectors. We are well on track to delivering a sponsorship system that the public can trust.
We are also raising the bar on entry requirements. All students coming to study degree-level courses must now be able to speak English at an upper intermediate level and others will have to speak English at an intermediate level. If students cannot answer basic questions in English about their course, UKBA officers will refuse them entry at the border. That was another point legitimately made by the Chairman of the Home Affairs Committee. We are now bringing back the power for immigration officers at the border to recognise that someone is obviously, indeed blatantly, incapable of fulfilling the requirements of their visa.
In recognition of our trust in universities, we are flexible about the methods that they use to assess a student’s level of English. That brings me on to a specific point that was made by the hon. Member for Sheffield Central. Let me start by discussing what is, if you like, the biggest transitional issue. That is the English language requirement, which he raised in his introductory speech.
The appropriate level of English for those coming to study at level 6 and above is an upper intermediate level across each of the four disciplines: reading; writing; speaking; and listening. That is level B2 on the common European framework of language. A lower level—B1—is the appropriate level for lower courses, including the pathways courses that many Members have mentioned. Those are courses taken by people coming in who do not have the appropriate level of English but who want to take an English language course in the UK on their way to taking a full university course here. So we have set a lower level of English as a requirement for those students.
In order to get a visa, those outside universities will have to present a test certificate from an independent test provider proving that they have attained the required level. As another flexibility that we have introduced, universities will be able to vouch for a student’s ability if they are coming to study at degree level or above. Indeed, there might be the odd student who cannot meet the requirements for all four disciplines but is so exceptional that we will allow individual requests by university academic registrars.
A number of Members have talked about English language schools. People who want to come to the UK to study lower-level English can do so for up to 11 months through the student visitor route. We introduced that concession after discussions with the English language colleges last autumn, and the colleges have welcomed it.
On the confirmations of acceptance for studies and the visas, the requirements for an offer of a place at a university are separate from the requirements under the immigration rules. Universities could, and should, have assigned a confirmation of acceptance for studies to people who held unconditional offers before 21 April. Someone with a conditional offer has, of course, not yet satisfied the university’s own academic entry requirements. The immigration system and its requirements have always been separate from the academic entry requirements, and it is important not to confuse the two. For instance, any Government would refuse a student entry if their background indicated that a potential harm would be posed to the UK, even if a university had given an unconditional offer of a place.
It was mentioned that there are difficulties relating to the English language tests. The UKBA ran a procurement exercise and expanded the list of English test providers to ensure that there was significant capacity, and we are in regular contact with each of the approved test providers, which have demonstrated flexibility in expanding test centre capacity where there is demand. If there are blockages, we are trying hard to remove them.
There has been much inevitable discussion about the impact assessment, and various figures have been cited. I wish to put on the record that the net cost is said to be £2.4 billion. The £3.6 billion is the gross cost, but there will also be £1.1 billion of benefits. The truth about the impact assessment process is that it is in its infancy and is not yet satisfactory. I have spoken to the economists who do the assessments and they agree that the process needs to improve. I do not want to go into the economic theology of what works and what does not work because it is late on a Thursday afternoon, but I shall give one very practical example. The way in which the assessments are carried out requires us to assume that there is a zero displacement effect of students taking jobs on the local labour market. In other words, if a foreign student is doing a job and then leaves, 100% of that economic activity is assumed to be lost. In practical terms, however, it is likely that that person will be replaced by a British student or someone else. Clearly, therefore, the assessments are not satisfactory, and we have asked the Migration Advisory Committee, which is independent of Government, to look at the process over the summer.
The definition of immigration is beginning to vex us, and I am half-tempted to spend a long time discussing whether students should somehow be removed from the definition altogether. There is clearly an academic argument to be had, but I will just make the underlying point that although it would be fantastically convenient for the Minister for Immigration suddenly to discover that hundreds of thousands of people who were regarded as immigrants yesterday would not be regarded as immigrants tomorrow—I would hit my targets with no effort at all—that is not realistic, and I do not think that the public would accept it. In terms of confidence, the point is very well made that immigration statistics are imperfect, particularly regarding counting people in and out, and that is why we have re-let the e-Borders contract. Over the next few years we will develop a much greater ability to count people out as well as in, but it seems sensible to stick to the internationally agreed measurements we have always had, which are used by other countries, rather than apparently try to redefine our way out of what is a serious and difficult political issue.
The other big subject that many Members have mentioned is post-study work, and I am afraid that I will have to agree to differ with the hon. Member for Sheffield Central. The students’ primary motivation should be to study, not to work. The ability to work after finishing a course or, as my hon. Friend the Member for Woking (Jonathan Lord) said, while doing a course, should not be a significant part of the motivation of someone coming here on a student visa. If people want to come here to work, there are work routes, and I do not want them to deceive either us or themselves by saying, “I’m here as a student but what really matters to me—the motivating force—is that I can either work during the course or stay for a couple of years afterwards.” It is simply not the case that everyone who does that gets a graduate-level job. In one cohort that we looked at, of those who were hanging around for the allowed two years after finishing their degrees, about 20% were unemployed, and 50% of those who were employed were in unskilled jobs and not making use of their studies.
(13 years, 5 months ago)
Commons ChamberOrder. I have made this point several times before: statements are about questioning the policy of the Government, not that of the Opposition. I call Mr Stewart Jackson.
I welcome the Home Secretary’s statement. I am sure that she, like me, would congratulate Cambridgeshire constabulary on the work it is doing to combat people trafficking through initiatives such as Operation Sodium. On a specific point about people trafficking, how does she see the priority for the NCA in respect of the sharing of criminal records data across the European Union, an area that, regrettably, was ignored by the previous Government?
I thank my hon. Friend for his question and am happy to join him in congratulating Cambridgeshire constabulary on its work and the operations it has undertaken on human trafficking. In relation to all those issues, the National Crime Agency will be looking to operate across international borders as well as across police force borders in the UK. The sharing of information within the European Union, and indeed the sharing of information in other ways, as he knows, has been and is a matter of discussion within the European Union. The NCA will be the key point of contact for both European and wider international co-operation.
(13 years, 6 months ago)
Commons ChamberI am delighted to give way to another hon. Member on the Government Benches, but their points would be more credible if they would tell us that they would put the cuts to police officers in their constituencies on their leaflets at the next election.
I am grateful for the campaigning advice from the right hon. Lady. Does she think one would have to be cynical to be perplexed by the fact that before the general election, her right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) was not prepared under any circumstances to name the percentage decrease in the budget for the police, but since the general election he just happens to agree with Her Majesty’s inspector of constabulary on a 12% figure? Is that cynical, or does it reflect the fact that the Labour party has no policy on cuts in the police service?
I am afraid the hon. Gentleman’s facts are wrong. In fact, the former Home Secretary set out in November, before the election, areas where he believed reductions in the budget for the police could be made, which would come from efficiency savings. That is why he backed a 12% reduction, which was supported by HMIC, not a 20% reduction, which is hitting thousands and thousands of police officers across the country and putting front-line services at risk right across the country. Senior police chiefs are deeply troubled by chaotic changes to national policing, and police morale is at rock bottom. Members on the Government Benches are deeply out of touch if they think their constituents want to see 12,000 police officers across the country go.
(13 years, 8 months ago)
Commons ChamberThe proposals will not prevent genuine students from coming to study, but we do need to look at things such as documents provided by banks to ensure that they are genuine institutions that are genuinely backing up the financial claims being made by individuals who come here to study. It is in nobody’s interests to allow people to use documents that are not legitimate when they apply for a student visa to come to the UK. As regards the three universities in Liverpool, as I have made absolutely clear, they will continue to be able to attract international students.
I congratulate the Home Secretary on facing down some of the hysterical hyperbole from the Opposition, parts of the media and parts of the further and higher education sector. On English proficiency and integration, will she please work with our colleagues across government to address the very specific issue of the hundreds of millions of pounds spent by British taxpayers on translation and interpretation services—a non-statutory duty—and to reduce such expenditure in these financially straitened times?
My hon. Friend is taking me down a road that goes beyond the Home Office’s area of responsibility, large though that is. I fully accept the thrust of his comment about the importance of people being able to speak English, which is precisely why we introduced a requirement last year that those who come here to marry or join a partner should be able to speak English to a particular standard.
(13 years, 8 months ago)
Commons ChamberDoes my hon. Friend remember the Hayes dictum, named after my hon. Friend the Member for South Holland and The Deepings (Mr Hayes)? It was that if a Member was in the same Lobby as Dr Evan Harris, they were in the wrong Lobby.
That is enough about our friend, I think.
Section 5 of the 1986 Act outlaws
“threatening, abusive or insulting words or behaviour”
if they are likely to cause “harassment, alarm or distress”. The proposal that I wish to make, which I and the Liberals supported before, is the deletion of the lowest threshold of that offence, which is the word “insulting”. That would still leave the two higher thresholds of “threatening” and “abusive”.
The 1986 Act was brought in to replace the Public Order Act 1936, which had worked very well in dealing with the blackshirts and all that. The 1986 Act does not define the terms “threats” and “abuse”, but we all know them when we see them. The courts have often said that. Threat is obvious, is it not? It is when someone is in your face and there is a fear of violence, and abuse is when someone uses obscene language. Insult, however, is clearly something less serious and more subjective, and that is the problem. I believe that removing the word “insulting” would be enough to stop section 5 being misused and generating a chilling effect on free speech.