Review of Drugs: Appointment

Sajid Javid Excerpts

Friday 8th February 2019 Written Statements

[The Secretary of State for the Home Department (Sajid Javid)]

In October, I announced that there would be a major independent review of drug misuse. This will look at a wide range of issues, including the system of support and enforcement around drug misuse, in order to inform our thinking about what more can be done to tackle drug harms. The review will make sure that we know as much as possible about who drug users are, what they are taking and how often, so that law enforcement agencies can target and prevent the drug-related causes of violent crime effectively. The review will also look at the health and social harms associated with drug use, identifying evidence-based approaches to preventing and reducing drug use, as well as where there are any gaps in the evidence about what works.

I am pleased to announce today that I have appointed Professor Dame Carol Black to lead the review. Dame Carol has a wealth of experience and I am confident that she will bring independence, integrity and a strong focus on analysis and evidence to the review.

The review will be held in two parts, with part one focusing on:

the demographics of drug use. This will look at demand, including who uses which types of drugs, together with patterns of, and motivations for, use; and

the drugs market. This will look at supply into and within the UK and how criminals meet the demand of users.

The scope of the second part will be determined once the first part has reported.

The review will focus only on England for those matters which are devolved and the UK for those matters which are reserved.

[HCWS1314]

Immigration

Sajid Javid Excerpts

Friday 8th February 2019 Written Statements

[The Secretary of State for the Home Department (Sajid Javid)]

The Government launched a public consultation on 19 July 2018 seeking views on proposals for a Windrush compensation scheme. I am today updating the House on the progress of the Government’s response to that consultation. Righting the wrongs experienced by the Windrush generation remains one of my top priorities.

The consultation period was originally intended to last 12 weeks. I made a written statement on 11 October extending the consultation period, on the advice of Martin Forde QC, the independent adviser I appointed to oversee the development of the scheme. I agreed to this extension in order to give all those who would like to respond, the opportunity to do so.

Over 1,000 leaflets advertising the consultation were delivered via volunteers and community groups, and over 2,500 paper copies of the consultation document were distributed. The document was published on gov.uk, and information about the consultation was disseminated via email and social media. Assistance in completing responses was available through a freephone helpline and email address.

During the consultation period twelve focus groups were also held, involving over 300 participants. These took place in Croydon, Birmingham, Cardiff, Newport, Walsall, Woolwich, Leicester, Brixton, Wolverhampton, Reading, Coventry and Telford.

Since the consultation closed on 16 November, we have given very careful consideration to the 1,435 responses that were received from people and organisations, as well as the feedback from the focus groups. These views have been considered in addition to the 650 responses to the call for evidence which preceded the consultation. I also have met with Martin Forde QC to discuss his views on the design of the scheme.

I intend to publish the formal Government response to the consultation shortly, which will set out the detailed design of the scheme. I will also publish more detailed rules and guidance about the scheme, and information about how eligible claimants can apply. The compensation scheme will then be opened for claims as soon as possible.

I would like to thank all those who responded to the consultation and who took part in the wider engagement throughout this period. The views and experiences that have been shared have proved invaluable in shaping the Government’s policy, ensuring it addresses the matters raised by those affected.

[HCWS1313]

Enforcement against Unauthorised Encampments

Sajid Javid Excerpts

Wednesday 6th February 2019 Written Statements

[The Secretary of State for the Home Department (Sajid Javid)]

We are fortunate to live in one of the most welcoming countries in the world, which has a proud tradition of promoting respect for the rule of law, for property, and for one another. The Government are committed to creating a just and fair country, where equality of opportunity flourishes and the life chances of all are enhanced.

Recent debates in this House have addressed the topic of unauthorised traveller encampments and Members have voiced their constituents’ concerns regarding the impact on both settled and nomadic populations. Ministers across the Government have been deeply troubled by these concerns, particularly by the widespread perception that the rule of law does not apply to those who choose a nomadic lifestyle, and the sense that available enforcement powers do not protect settled communities adequately.

Unauthorised encampments can cause settled communities significant distress, and for some they perpetuate a negative image of the travelling community, the vast majority of whom are law-abiding citizens.

Recognising these concerns, the Government launched a consultation in April last year on the effectiveness of enforcement against unauthorised developments and encampments. Through this consultation, we sought views from a number of stakeholders—including local authorities, police forces, travelling communities and the general public—on whether there is anything we can do to ensure that existing powers can be used more effectively and if additional powers are required.

A cross-Government response to the consultation will be issued in due course. From an enforcement perspective, the consultation responses signalled clear calls for the Government to take action. We have identified a set of measures to extend powers available to the police, which we believe will enable unauthorised encampments to be tackled more effectively.

First, we will look to amend section 62A of the Criminal Justice and Public Order Act 1994 to permit the police to direct trespassers to suitable authorised sites located in neighbouring local authority areas. Currently, the police can only direct trespassers to sites within the same local authority area. Extending this power would make it more likely that the police and local authorities could act where a shortage of site capacity exists.

Secondly, we will look to amend sections 61 and 62A of the Criminal Justice and Public Order Act 1994 to increase the period of time in which trespassers directed from land would be unable to return. Currently, the power prohibits a trespasser from returning to the area of land for three months. We plan to extend this time period to 12 months. This would provide greater protection to land targeted by the same group of trespassers on a regular basis.

Thirdly, we will look to amend section 61 of the Criminal Justice and Public Order Act 1994 to lower the number of vehicles needing to be involved in an unauthorised encampment before police powers can be exercised. The number is currently six or more. We would like to change this to two or more. This will increase the opportunity for police intervention and make it more difficult for trespassers to split into smaller groups to avoid enforcement.

Fourthly, we will look to amend section 61 of the Criminal Justice and Public Order Act 1994 to enable the police to remove trespassers from land that forms part of the highway. The police are currently restricted in dealing with these encampments unless there is a suitable pitch in the same local authority area. We would like to remove this restriction so that it is easier for the police to tackle problematic encampments.

I am pleased to announce that the Home Office will soon launch a public consultation on these measures.

Our original consultation responses were clear that the majority of respondents believe we should consider criminalising unauthorised encampments, as has been done in the Republic of Ireland. This view has been echoed in the wide ranging debates in this House. I am therefore pleased to announce that we will conduct a review into how we can achieve this.

In taking this forward, the Home Office will work closely with the Ministry of Housing, Communities and Local Government, the Ministry of Justice, and also the Welsh Government, recognising that local government is devolved in Wales.

I thank Members across this House for their engagement on this important issue.

[HCWS1302]

Windrush Scheme

Sajid Javid Excerpts

Tuesday 5th February 2019 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

(Urgent Question): To ask the Home Secretary to make a statement on the operation of the Windrush scheme.

[The Secretary of State for the Home Department (Sajid Javid)]

Righting the wrongs done to the Windrush generation has been at the forefront of my priorities as Home Secretary. That is why I apologised on behalf of this Government and our predecessors. History shows that members of the Windrush generation, who have done so much to enrich our country, were wrongly caught up in measures designed to tackle illegal migration long before 2010. We all bear some responsibility for that. This Government are acting to right that wrong. Our Windrush taskforce is helping those who have been affected. We are making it easier for those affected to stay and we have waived all fees. By the end of last year, some 2,450 individuals had been given documentation confirming their status. They were all helped by the taskforce which we set up in April. At least 3,400 have been granted citizenship under the Windrush scheme, which we opened on 30 May 2018.

The taskforce’s vulnerable persons team has provided support to 614 individuals, with 52 cases ongoing, and it continues to receive up to 20 new referrals each week. The taskforce has made 215 referrals to the Department for Work and Pensions to help people to restore or receive benefits, 177 individuals have been given advice and support on issues relating to housing, and 164 individuals have been identified by the historical cases review unit. Eighteen people have been identified who we consider to have suffered detriment due to their right to be in the UK not being recognised. Sadly, three of them are now deceased. I have written to the remaining 15 to apologise.

As part of putting right what has gone wrong, we are putting in place a compensation scheme to address the losses suffered by those affected. We have consulted on this to ensure we get it right, and we will bring forward more detail on the final shape of the compensation scheme as soon as possible, having carefully considered the views submitted. In December, the Home Office also published a policy for providing support in urgent and exceptional circumstances. This set out the approach and decision-making process for such cases. The policy will support those who have an urgent and exceptional need, and compelling reasons for why they cannot wait for the full compensation scheme.

Mr Speaker, I said on the day I became Home Secretary that I am determined to right the wrongs suffered by members of the Windrush generation. Let there be no doubt: my commitment remains resolute.

[Mr Lammy]

Home Secretary, I have asked you to make a statement to the House on the operation of the Windrush scheme. Your Department’s treatment of the Windrush generation has been nothing less than a national scandal. In November, we learned that at least 164 Windrush citizens were wrongly removed, detained or stopped at the border by our own Government. Eleven of those who were wrongly deported have died. You have announced three more today. Every single one of those cases is a shocking indictment of your Government’s pandering to far right racism, sham immigration targets and the dog whistle of the right-wing press. You have spoken about being a second—

[Mr Lammy]

You are quite right, Mr Speaker.

Every single one of these cases is a shocking indictment of this Government’s pandering to far right racism, sham immigration targets and the dog whistle of the right-wing press.

The Home Secretary has spoken about being a second generation migrant himself. On taking this job he promised to do whatever it takes to put this wrong right. We are now 10 months on from when the scandal broke. Not a penny has been paid out to any Windrush victim in a compensation scheme. The independent Windrush lessons learned review has not yet reported. I say to you, Home Secretary, before the review is even complete, why, why are you deporting people? We have heard about deportation flights to Jamaica this week. You have detained up to 50 black British residents and given them open window removal notices. Why are you deporting them, given that this review has not reported and there has been no compensation?

How can you be confident that you are not making the same mistakes? Movement for Justice is working with 26 of those who are at risk of removal. Thirteen first came to the UK as children; nine came under the age of 10. Eleven people have indefinite leave to remain. Another has a British passport. Thirty-six British children will have their parents taken away by this charter flight—once enslaved, then colonised and now repatriated. Why do you say that these children should live without their parents? Why do you say, to the families of black British people who have been killed by your Department’s incompetence, that this is acceptable? That is what happens. We are now 20 years on from the Macpherson review, which found institutional racism in this country. I ask the Home Secretary: why is it that still in this country, black lives matter less?

[Sajid Javid]

First, let me thank the right hon. Gentleman. At least he has raised this important issue of Windrush—it is good at any time to update the House on this, in many different ways—but I have to take issue with his tone. He does himself no good service—a huge disservice—in the way that he speaks and the tone that he has used to suggest that there is even an ounce of racism in this House, and to ignore the facts. He chooses to ignore—[Interruption.] He could have made this into an honourable debate by looking at the actual issues and thinking about how we can help people who have been affected.

The right hon. Gentleman chooses to ignore that, for members of the Windrush generation who have been affected in a wrong way—as I have recognised and as many Ministers have recognised at the Dispatch Box—this began under previous Governments and continued under successive Governments, including the Government that he was part of, when he voted time and time again for compliant environment restrictions. He supported those restrictions on a number of occasions and now he chooses to speak out about some of the inadvertent effects of that.

The right hon. Gentleman also rightly brought up the issue that—as I have said before, including in the House—sadly, some people who were wronged are deceased, but he should know that a number of those people died under a Labour Government. The deportations took place under a Labour Government and he makes no apology for that. The right hon. Gentleman mentions the deportations of foreign national offenders. I think the information that he referred to, if I have understood him correctly, is about a charter flight to Jamaica of foreign national offenders only—every single one of them convicted of a serious crime. The UK Borders Act 2007, which he supported, requires that the Home Secretary issues a deportation order for anyone who is a foreign national offender. It does not matter which part of the world they are from, whether it is the United States, Jamaica, Australia or Canada. That is a legal requirement. If he does not want that to happen, he is asking me to break the law, and he is also saying that a person who is convicted of a serious offence as a foreign national offender should be allowed to stay in this country, so either he has changed his mind or he does not know what he is talking about.

Lastly, the right hon. Gentleman brings up the compensation scheme. He is right to raise that because we are absolutely committed to making sure that those who were wronged receive proper compensation. That is why I appointed an independent person, Martin Forde, QC, who has done an enormous amount of good work on this. He asked for an extension of the compensation scheme so that he could speak to even more people who were affected. I brought that to the House and I accepted that extension, and we are now working through what he and his team have done to come forward with a well thought through compensation scheme that is generous and supports members of that generation. In the meantime, we have put in place the vulnerable persons scheme that I referred to earlier, and an exceptional payments scheme, which has started making payments.

I just say this finally: if the right hon. Gentleman really wants to help, he should reflect on his tone and not use this as some kind of political football.

[Mr Philip Hollobone (Kettering) (Con)]

It was a Labour Government who in 2007 passed the UK Borders Act making it a legal requirement for Her Majesty’s Government to deport foreign national offenders who commit serious crimes in this country. May I support what the Home Secretary has said and urge him to ensure that foreign national offenders who commit crimes are sent back to the countries from where they came, because we do not want them in this country?

--- Later in debate ---

[Sajid Javid]

My hon. Friend refers to a law, which represents the will of this House, that was passed in 2007, which, I say again, the right hon. Member for Tottenham (Mr Lammy) and many of his colleagues supported, and which requires the Government to deport foreign national offenders who have committed serious offences. None of those being deported is a British citizen a member of the Windrush generation, who are exempt under section 7 of the Immigration Act 1971.

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

This morning, the news broke that Ms Sims had been denied help from the Windrush compensation scheme because she was not from the Caribbean. Just like Windrush, this is a result of the Government ignoring credible warnings about the impact of their policies. The National Audit Office found that the Home Office showed a surprising

“lack of curiosity about individuals who may have been affected, and who are not of Caribbean heritage.”

What steps is the Home Secretary taking to ensure that, as Martin Forde QC has recommended, officials are aware that people other than those from the Caribbean are eligible? Will he commit to widening the remit of the Windrush review and compensation scheme? Can he justify Windrush victims being defined so narrowly? Some 186 people were formally refused help from the Windrush scheme. Can he guarantee that none of them was in fact eligible?

We have heard reports that the Home Office is restarting charter flights to Jamaica. Like those of many MPs, my constituency office phone has been ringing off the hook. Some 85,000 people have signed a petition. Why does the Home Secretary consider now an appropriate time to restart these flights? Victims of this scandal have not yet received compensation. The Windrush lessons learned review has not yet reported. A full year after the scandal broke, we do not know how many people have already been detained or deported. The hostile environment remains in place.

I understand that many of the detainees have been convicted of a criminal offence, but after Windrush, the Government have not proved they have the processes in place to make sure the wrong people do not end up on this flight. Will the Home Secretary urgently bring proof to this House that none of the people on the flight is a British citizen or has any other claim to be in this country? I understand the flight is due to leave from a Royal Air Force base. Does he accept that the militarisation of deportations sets a dangerous precedent of deportation happening behind closed doors?

[Sajid Javid]

First, I welcome the hon. Gentleman’s tone and approach of asking sensible questions, and he deserves answer to them all.

The hon. Gentleman raised the case of Ms Willow Sims, who I heard on the radio this morning. It was the first time I had heard about the case, and I was very concerned. She said she had written to me, which I was interested to hear, and I checked this morning. We received the letter on 28 January, which might help to explain why I have not seen the letter yet. That said, the Department was aware of the case before that, because her Member of Parliament wrote to the Department—in October, I believe—and Ms Sims is now getting the help she deserves. We will look further at why she was turned down for help by the taskforce, because that should not have happened.

The hon. Gentleman then mentioned the compliant environment. I remind him and the House that what he refers to as the compliant environment, which is about taking action against those who are in the UK illegally—in other words, people who have broken the law—began with laws that were passed under a previous Labour Government in 1997, 1999, 2002 and 2008 and which many of his hon. Friends will have supported. If Labour’s policy is now to abolish all those rules, it should be clear about that.

The hon. Gentleman mentioned the compensation scheme, which I have said a bit about already. We are determined to have it in place, and I want it to be as fair and as generous as possible, but, in the meantime, the exceptional payment scheme has begun. I set out exactly how that would work in a policy paper published and made available to the House at the end of last year.

The hon. Gentleman mentioned foreign national offenders. I want to make it very clear that the flight in question, assuming he is talking about the same flight as the right hon. Member for Tottenham, is to Jamaica and that everyone on it who is being deported is a foreign national offender from Jamaica. All of them have been convicted of serious crimes, such as rape, murder, firearms offences and drug trafficking, and we are required by law, quite correctly, to deport anyone with such a serious conviction. This law applies universally to all foreign national offenders.

The hon. Gentleman should know that most liberal democracies around the world have similar laws in place. British offenders in foreign states are often deported back to the UK, including from Jamaica, which has in the past deported British nationals who have committed serious offences back to the UK.

[Sir David Evennett (Bexleyheath and Crayford) (Con)]

I welcome my right hon. Friend’s comments. It is very important that we clear up these difficult cases. Can he confirm that those applying to settle under the Windrush scheme are receiving support in navigating the immigration system and that his Department continues to take a sympathetic and proactive approach when resolving applications?

[Sajid Javid]

I am happy to confirm that to my right hon. Friend, and he is right to raise it. From the moment the taskforce was set up, it was designed to make it as easy and simple as possible for people to use, and, as I said earlier, it has so far correctly documented almost 2,500 people.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I wish also to raise concerns about removals and deportations to Jamaica being resumed. By all accounts, we are talking about people who came as children, about parents with British children and even about Commonwealth soldiers. To all intents and purposes, therefore, we are talking about people who are British even if they are not formally citizens. The Home Secretary has mentioned foreign national offenders. Will he publish the full list of offences people are being deported for?

Even the issue of foreign national offenders is not straightforward. Stephen Shaw said in his updated report on detention that

“a significant proportion of those deemed FNOs had grown up in the UK, some having been born here but the majority having arrived in very early childhood. These detainees often had strong UK accents, had been to UK schools, and all of their close family and friends were based in the UK.”

In other words, the Home Office is often really deporting UK offenders to other countries. Has the Home Office even begun to engage with the issue Mr Shaw himself has raised? I am asking the Home Secretary not to break the law but simply to review it and change it if necessary.

What work has been done to establish how people from other countries, including Commonwealth countries, have been impacted by Windrush-type disasters? Finally, what will the Home Office do to prevent probably hundreds of thousands of EU nationals from being subject to the same hostile environment measures when they miss the cut-off date for settled status applications?

[Sajid Javid]

I want to be clear again about the flight to Jamaica mentioned by hon. Members: not a single person being deported is British—a person cannot be deported and be British; they are all foreign national offenders, and under the 2007 Act, where someone is given a sentence of at least one year, the Home Secretary is required to make a deportation order, and where it is four years or more, the Home Secretary is required by law to order a deportation.

The wording of the hon. Gentleman’s question seemed to suggest that he knew who was on the flight and who was not. Let me say gently to him that the flight has not happened yet, but the deportation of anyone who is on it will be carried out absolutely according to the law. Ultimately, this is about public safety, because these are individuals who have committed serious offences. I ask the hon. Gentleman to reflect on the fact that if we did not carry out the law, we would not only be breaking the law. Let us imagine what would happen if one of these people—someone, say, who had been convicted of murder—were allowed to stay in the UK and then committed that act again, against one of our constituents. What would the hon. Gentleman be saying to me then?

[Several hon. Members rose—]

[Victoria Prentis (Banbury) (Con)]

I remember the Macpherson report, in which I was tangentially involved, and I would say that we have come a very long way since then. With that in mind, will the Secretary of State confirm that he will give a date soon for the compensation scheme?

[Sajid Javid]

I can confirm that we will be saying something about the compensation scheme very shortly.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Home Secretary said that he would supply monthly updates to the Home Affairs Committee, but we have not received an update since December, and that referred to the circumstances up to 31 October. Since then a very damning report on the Windrush situation has been published by the National Audit Office, raising a series of concerns about ongoing immigration casework and policies and the impact that they might have. The Home Office has not issued a proper response to that report either. When will we receive a substantial response to its recommendations that recognises the serious anxiety about the possibility that many of the failings relating to the Windrush situation are continuing today?

[Sajid Javid]

Let me first thank the right hon. Lady and her Committee for their scrutiny of this important issue. She knows that we are absolutely committed to providing her and the Committee with regular updates, and we will continue to do so. We always endeavour to include as much information as we can, and I hope she agrees that we have tried to make those updates as detailed as possible. She mentioned the NAO report, and I welcome that scrutiny as well. We looking into the report carefully in order to establish whether more needs to be done.

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

I thank the Home Secretary for the constructive, honest and compassionate way in which he and his Ministers have dealt with a very difficult situation. However, the treatment of members of the Windrush generation highlighted a number of deep-seated concerns about the manner in which the Home Office operated. Can the Home Secretary reassure the House that all the lessons that can be learned from the situation—not just specifically in relation to the Windrush generation, but in the wider context of the culture of the Home Office—will be learned? In particular, can he reassure us that there will be a greater emphasis on the fact that we are dealing with people, and that this is not just about policy?

[Sajid Javid]

My hon. Friend is absolutely right. I am acutely aware that almost every decision that the Home Office makes has an impact on someone’s life, and we must ensure that every single one of those decisions is fair and made appropriately. That is the reason for the lessons learned review and a further, deeper review of some of the operations of the Home Office.

[Lucy Powell (Manchester Central) (Lab/Co-op)]

As the Home Secretary will know, I have encountered dozens of Windrush cases, and the taskforce has dealt with many of them well. However, one of my constituents, Owen Hainsley, will be on the plane that has been discussed. He came here, aged four, in 1977. He has left the country only twice since then, and on neither occasion did he go to Jamaica. He has no family there, but he has three children in this country, all of whom have British citizenship. He is well known on the music scene in Manchester, where he works with disadvantaged young people. He served two years in 2015. His British citizenship should have been regularised, but owing to an administrative error on the part of the Home Office, that did not happen. He is now being deported to a place to which he has not been for more than 40 years.

This is a grey area. Owen Hainsley is not a foreign national in any terms, and we are effectively making him stateless. I dealt with a very similar case—a Windrush case—in which the Home Office did not deport someone but granted that person, who had a criminal record, indefinite leave to remain. So the Home Secretary does have that discretion. Can he use it in this case, because this is a scandal?

[Sajid Javid]

The deportations to which the hon. Lady refers took place under the UK Borders Act 2007, which I mentioned earlier and which was debated in the House as a Bill. It gives little if any discretion to the Home Secretary, but every single person who is being deported is a foreign national who has committed a serious offence.

[Maria Caulfield (Lewes) (Con)]

Is not a significant issue in all this the decision made in 2009, by the Labour Government of which the right hon. Member for Tottenham (Mr Lammy) was a member, to destroy the landing cards and registry slips that constituted the only official documentation of some people’s arrival in Britain? Was not a mistake made then?

[Sajid Javid]

My hon. Friend has highlighted an important point, and it is worth emphasising. Members of the Windrush generation were affected by decisions made by a number of Governments, including the last Government.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

Is not one of the lessons of the Windrush that when people have lived in our country for 20, 30 or 40 years, the idea that they should be deported if they do not have precisely the correct documentation is inhumane, and is not supported by the wider public? In the light of the Windrush scandal, will the Home Secretary review the unrealistic and draconian documentation requirements imposed on such people by the Home Office?

[Sajid Javid]

If the right hon. Gentleman is referring to cases in which someone does not have—to use his own words—precisely the right documentation, of course that should be looked at very carefully. The whole purpose of the taskforce is to work with such individuals to make the process as easy as possible, and to ensure that issues such as incorrect documentation are sorted out.

[Henry Smith (Crawley) (Con)]

As we have already heard, it was a Labour Government who started destroying the landing cards of the Windrush generation. It was also a Labour Government who, under the Harold Wilson regime, forcibly exiled the Chagos islanders from the British Indian Ocean territory. As a result, members of the second and subsequent generations of the Chagos community do not have British citizenship. Will my right hon. Friend commit himself to looking into that as well?

[Sajid Javid]

I commend my hon. Friend for taking up this issue so energetically on behalf of the Chagos islanders, and I should be happy to discuss it with him further.

[Kate Osamor (Edmonton) (Lab/Co-op)]

In December last year, the Home Office agreed to support members of the Windrush generation who had been mistreated by the Government with up to £5,000, but four of my constituents have found the arrangements for access to the fund overly stringent. Victims require immediate and ongoing assistance. Does the Home Secretary not agree that we should be ensuring that the people who were affected by the Windrush situation can re-establish themselves in the community? Moreover, there has been no cohesion between central and local government in this regard. I ask the Home Secretary to look at the system and make sure that it works for the most vulnerable people.

[Sajid Javid]

The hon. Lady has made an important point about joined-up government and the need to ensure that that approach is taken when we respond to the most difficult cases in particular. I can assure her that the Home Office has been working carefully with a number of other Departments, including the Department for Work and Pensions, the Ministry of Housing, Communities and Local Government, and the Treasury.

[Julian Knight (Solihull) (Con)]

Will my right hon. Friend confirm that if he did not authorise this latest flight carrying foreign national offenders, he would be failing in his duty of care, and he would be breaking the law?

[Sajid Javid]

My hon. Friend is correct. It would be breaking the law, and it would mean that we were not putting the safety of our people first.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

In compelling evidence given to the Public Accounts Committee, we heard how difficult it was for Windrush victims to obtain housing. The Home Secretary listed the people whom he was helping, but the fact is that local authorities will need to allocate that housing, and given the squeeze that they are experiencing and the current housing demand, that is just not happening. Will he think again about what central Government can do to ensure that these people are not in the general housing queue, and that local authorities do not have to provide them with much-needed homes?

[Sajid Javid]

The hon. Lady makes an important point. As I said at the start, some people may have lost housing or been affected in other ways in their housing, and they are being helped. We are working closely with the Ministry of Housing, Communities and Local Government, which is speaking to local authorities. Where possible, we are trying to prioritise those cases.

[Tom Pursglove (Corby) (Con)]

I am grateful for the speedy resolution of individual cases, but will my right hon. Friend say something about the role that those who have been affected are playing in helping to shape the compensation so that we get this right?

[Sajid Javid]

Yes. When we started work on the compensation scheme, it was right to appoint an independent person, and that is exactly what we did. Martin Forde, QC, travelled across the country and spoke to as many members of the Windrush generation who were affected as possible. He asked for an extension to speak to even more, and we granted that.

[Lyn Brown (West Ham) (Lab)]

I cannot respond to constituents who contact me about deportations tomorrow. They and I want to know whether any of my constituents are on those flights. I have phoned the Immigration Minister and been stonewalled again and again. The flights need to be suspended so that all individual circumstances can be properly examined. I am sure the Home Secretary agrees that this is an issue of trust and that, at the very least, the Department should engage in good faith with MPs on the matter.

[Sajid Javid]

I agree with the hon. Lady. I know that she has asked our Department a question, and we are looking into that. I hope she knows that, because I believe that we have communicated to her that we are looking into it. She is right that if any Member of Parliament has a question about any constituent, we will of course help in any way we can.

[Richard Graham (Gloucester) (Con)]

All of us who have Jamaican and other Afro-Caribbean communities will have apologised deeply, as I did, for the shameful, inadvertent mistreatment by successive Governments of some of the Windrush generation. I thank the Home Office’s Windrush help desk for its work in quickly resolving the immigration status of my two affected constituents. One has a strong case for compensation. Will my right hon. Friend confirm whether my constituent can file his application before the end of this financial year?

[Sajid Javid]

I thank my hon. Friend for his comments, which I welcome. He was right to put things the way that he did. We will issue more details on compensation shortly, but we want to ensure, in the case of his constituent and others who are affected, that it is as generous as it can be.

[Kate Green (Stretford and Urmston) (Lab)]

In the light of the Sims case, which we heard about a few moments ago, and Sir Martin Forde’s comments, will the Home Secretary commit to further training for the Windrush taskforce in handling cases correctly, particularly complex cases?

[Sajid Javid]

I have asked for more information on the case of Miss Willow Sims, to which I referred earlier. When I heard her on the radio this morning, I was very concerned and determined to find out more. I do not want to prejudge that—I am waiting for further information—but I can make a commitment that if that information shows that more training is required or something needs to be done to ensure that such a case does not arise again, it will happen.

[Kevin Foster (Torbay) (Con)]

I know that the Home Secretary recognises that the Windrush generation have made a huge, positive contribution to the life of this country. It has therefore been strange to see Opposition Members defining them by the very small minority who have committed serious criminal offences. However, does my right hon. Friend agree that ensuring that compensation is available for those who have been unduly affected is important and should not be conflated with some of the issues we have heard about from Opposition Members?

[Sajid Javid]

I very much agree with my hon. Friend.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

My constituent Willow Sims came to the UK in the early 1980s and spent part of her childhood in the UK care system. She went on to have a career as a teaching assistant in local primary schools, where I first met her. In October, Willow came to see me. She had failed some immigration checks at work, so she lost her job and her recourse to public funds. My constituent is fully entitled to assistance under the Windrush taskforce scheme, yet due to mistakes at every level of government, and despite numerous representations to the Home Office by Willow, her solicitors and me, going as far back as October, her status has wrongly been brought into question. She now risks eviction from her home. Will the Home Secretary urgently rectify that chaos, apologise to Willow and meet me to discuss her case and what has gone so badly wrong?

[Sajid Javid]

I thank the hon. Lady for raising the case, not just today but in October. Had she not done so, Miss Willow Sims might not be getting the support she now gets. I am happy to apologise to Miss Sims for the Home Office’s mistakes in not recognising the importance of her case from the first moment she contacted the Home Office. I would be very happy to meet the hon. Lady to discuss it further.

[Anna Soubry (Broxtowe) (Con)]

Anybody listening would be horrified at some of the cases, and they are not interested in which Government introduced schemes under what Act in what year. Unfairness and injustice must be rooted out wherever they lie, and I trust the Home Secretary to get on and do that. I have considerable sympathy with the right hon. Member for Tottenham (Mr Lammy), who raised the matter, and I agree with him that the Windrush scandal is a result of the dog-whistle politics that has plagued immigration. Does my right hon. Friend the Home Secretary agree that from now on, we will have an informed, grown-up, honest debate about immigration, particularly the benefits that it has conveyed to our country for centuries?

[Sajid Javid]

I very much agree with my right hon. Friend about the tone of the debate on immigration—on anyone who has settled in our great country, regardless of where they came from, why they came here and how long they have been here—and with her point about our taking more opportunity, across the House, to highlight the benefits of immigration, whether from the Commonwealth or elsewhere, and how those people have helped to make this country great.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

The Macpherson definition of institutional racism is:

“The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racial stereotyping.”

There is no doubt that that—and much worse—has been the experience of the Windrush generation. Is not it time that the Home Secretary learned lessons and took action to prevent further institutional racism from continuing against the Windrush generation and others?

[Sajid Javid]

The hon. Lady chose not to listen to the point that my right hon. Friend the Member for Broxtowe (Anna Soubry) made about the tone of the debate. If she is trying to suggest that there is institutional racism, she must accept that that was what existed under the previous Labour Government.

[Janet Daby (Lewisham East) (Lab)]

According to Movement for Justice, 18 people on the chartered flight are connected to the Windrush generation. One is a grandfather who served in the British Army; another one’s grandfather died as a serving British soldier, and two others are former British servicemen. I therefore do not understand how the Home Secretary can say that they are foreign nationals. I find his tone most disturbing. I am half Jamaican and very proud of it, but I feel that what he says is unhelpful to the Jamaican community in this country. Like him, I am second generation, but I feel that he sounds like a reincarnation of Enoch Powell.

[Sajid Javid]

The hon. Lady chooses to lower the tone of the debate when she could try to help her constituents. The whole House is proud of immigrants who have come to this country, whether they are first or second generation, and whether they came from Jamaica, Pakistan or anywhere else. The hon. Lady does herself no service by lowering the tone of the debate.

[Marsha De Cordova (Battersea) (Lab)]

I congratulate my right hon. Friend the Member for Tottenham (Mr Lammy) on securing the urgent question. Will the Home Secretary confirm that 13 of the detainees who are scheduled to be deported this week came to this country as children? We know that there is a grey area in the definition of “British citizen” and “foreign national”; does not the right hon. Gentleman believe that it is time to review it?

[Sajid Javid]

The law is very clear on this. It focuses on the crime and on the nationality of the individual, as in whether they are British or not. When someone has committed a serious crime such as rape or murder, the law requires that, as a foreign national offender, they should be deported.

[Several hon. Members rose—]

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

The Home Office said last year that Windrush applications would be turned round within two weeks, but my constituent, who has retired after many years working as an NHS midwife, is still waiting, six months later. When will the Secretary of State admit that the overstretched immigration system cannot cope with Windrush generation cases and apologise to those who are living in limbo?

[Sajid Javid]

Most applications are being turned round within a matter of weeks, but if the hon. Lady sends me the details of that case, I will take a closer look at it.

[Sarah Jones (Croydon Central) (Lab)]

The Home Secretary says, “The law is very clear on this,” but when I held a Windrush surgery, all the people who came to it had been told by the Home Office that they were not British citizens. They have all now been told that they are British citizens, so I suggest that the law is not very clear and that there are grey areas. I have also been told that someone from my constituency is on that flight. Will he commit to looking into whether there is someone from my constituency on that flight and whether they should be there?

[Sajid Javid]

If the hon. Lady sends me more information about the individual she has in mind, I will of course look into that case.

[Catherine West (Hornsey and Wood Green) (Lab)]

Will the Secretary of State please estimate how many people have had their access to healthcare affected? Also, if an individual has passed away due to being a Windrush victim, is the scheme open to a claim by their family members?

[Sajid Javid]

We plan to ensure that the scheme is open to family members in such cases.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

My constituent has been waiting since 26 December for a decision on his Windrush application. The process has taken nine times the length of the two-week turnaround period that was promised. That is unacceptable when people cannot work, cannot claim benefits and are struggling to live, even though they are from this country.

[Sajid Javid]

If the hon. Lady sends me more details, I will take a closer look at that case.

[Andy Slaughter (Hammersmith) (Lab)]

Before the Windrush scandal became the Windrush scandal, many cases took years to resolve and victims disappeared because they feared deportation. To avoid future injustice, will the Secretary of State guarantee that all Windrush-style cases, including those involving people not from the Caribbean or Commonwealth countries, will be dealt with in a similar fashion?

[Sajid Javid]

The work of the taskforce is open not just to members of the Commonwealth who have come to Britain, but to anyone who came to the UK before 1988.

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

Last year, I helped a family in my constituency to get the passports to which they were entitled but were scandalously being denied. The family now find themselves in dire financial straits due to a family member’s terminal illness. When will they be paid the compensation that they are due, and when will they get a decision from the exceptional circumstances fund?

[Sajid Javid]

The exceptional payments scheme has started to pay out, and decisions are being made. We will be announcing more details of the compensation scheme shortly.

[Paul Blomfield (Sheffield Central) (Lab)]

The Home Secretary will have heard Members expressing their very real concern about the status of those who are due to be deported this week. Will he therefore personally review the documentation and circumstances of each of those individuals before any deportation takes place?

--- Later in debate ---

[Sajid Javid]

Every one of those cases already has to be reviewed by a Minister.

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

I have written extensively to the Immigration Minister and to the Secretary of State for Work and Pensions about my constituent, a Windrush citizen, who has been denied attendance allowance because she was not in the country during the assessment period. The only reason why she was not in the country was the illegal action of the British Government. Will the Home Secretary now accept that a lack of joined-up working between Government Departments on the Windrush scheme is compounding, increasing and prolonging the injustice that the Windrush citizens are suffering?

[Sajid Javid]

We work closely with the Department for Work and Pensions, and the hon. Lady gives an example of why that is absolutely necessary. If she wants to give me further details of her constituent’s case, we will look into it as a matter of priority.

[Wes Streeting (Ilford North) (Lab)]

Given what the Home Secretary has heard, does he really believe that my right hon. Friend the Member for Tottenham (Mr Lammy) was inappropriate in his tone? Does he really think that someone is going to take him to court for exercising appropriate discretion, or does he in fact believe that it is right to deport first and ask questions later?

[Sajid Javid]

When it comes to the deportation of foreign national offenders, a lot of questions are asked first, including on the right of appeal, and we carry out deportations only if they are absolutely correct under the law. Ultimately, it is worth remembering that they are there to protect members of the public.

[Mr Speaker]

In conclusion to this important series of exchanges, I want to make two points. First, as colleagues will recall, I said nothing whatsoever about the tone of the right hon. Member for Tottenham (Mr Lammy). I referred simply to a minor breach of normal procedure in terms of the debate going through the third person, but I made no other comment about tone. This is an extraordinarily important matter affecting people’s lives. People can comment on each other’s tone, but for my part, from the Chair, I do not underestimate the intensity of feeling and the sense of real anger about this subject, which was extremely eloquently voiced by the right hon. Gentleman and many other Members.

Secondly, I have a sense, on the basis of some experience of sitting in the Chair over the past nine and a half years, that this matter will be raised again and again. It affects very vulnerable people, as Members on both sides of the House with any sensitivity will acknowledge, and it will not go away. Quite a lot of activity—I am not saying it is nefarious activity; I am not criticising the Home Secretary—is taking place under the radar, but the purpose of this House is to give voice to grievances and to seek redress for them, and there is nothing to stop Members raising this matter over and over again in the Chamber, day after day, if that is their inclination.

Police Grant Report

Sajid Javid Excerpts

Tuesday 5th February 2019 Commons Chamber

[The Secretary of State for the Home Department (Sajid Javid)]

I beg to move,

That the Police Grant Report (England and Wales) for 2019/20 (HC 1896), which was laid before this House on 24 January, be approved.

I start by paying tribute to the police. Coming from a policing family, I have seen their bravery, their dedication and their professionalism. They take extraordinary risks to protect the public day in, day out. I am in awe of what they do to protect us all. They undoubtedly deserve this House’s gratitude and support.

As Home Secretary, my mission is to keep the public safe and, of course, the police have an absolutely crucial part to play. When I took this role, I vowed to stand with them, to support them and to listen to them. I have met police leaders, and I have heard what they have to say. My right hon. Friend, the Minister for Policing and the Fire Service, has done the same.

We know the demands the police are facing, how those demands are increasing and how crime is changing and becoming more complex. Previously hidden crimes such as child sexual exploitation are increasingly being reported, which we encourage and welcome. More criminals are moving online, which is bringing fresh challenges. We are battling the worst spike in violent crime for a decade, and we are giving the police more of the powers they need, such as those in the Offensive Weapons Bill. I vow to ensure they have the tools and resources they need to help keep our communities safe.

[Maria Eagle (Garston and Halewood) (Lab)]

I welcome what the Home Secretary says about supporting the police. Can he therefore explain why, since 2010, the Government have cut Merseyside police’s funding by over £90 million?

[Sajid Javid]

The hon. Lady is clearly arguing for more police funding, so I hope she welcomes the settlement, including the extra £18 million for her own force.

[Chris Bryant (Rhondda) (Lab)]

I am sorry that I do not have much voice.

One of the new tools we have given to the police is the ability to take people to court for assaults on emergency workers, including police officers, but it would be a terrible problem if, after bringing in this new law, the police have no time or facilities to implement it. Will the Home Secretary make sure the police are taking this on board seriously and have the time and financial resources to ensure that we protect all our emergency workers? Some of the violent crime he talks about affects ambulance workers, mental health nurses and nurses in accident and emergency.

[Sajid Javid]

The hon. Gentleman makes an important point, and I thank him for his work in introducing the Assaults on Emergency Workers (Offences) Act 2018, which the Government were pleased to support. The Act will make an important difference to the police. He is right to raise the importance of making sure there are proper resources behind the Act to help it to make that difference, and I therefore hope that he will welcome the settlement today.

[Stephen Lloyd (Eastbourne) (Ind)]

The Home Secretary has already alluded to how policing has changed considerably over the past x number of years. Does he support the national campaign, which has over a quarter of a million supporters, demanding a police royal commission? We have not had one for almost 60 years and policing has changed considerably during the intervening period. We hear so many different stories about resource, or the lack of it, and about what modern policing is. Does he agree that the most effective way to deal with this so that the public, and even the Government, understand exactly what policing is today would be to have a police royal commission?

[Sajid Javid]

The hon. Gentleman makes an important point. Because of the change in demand caused by the rising demand of certain crimes and by the complexity of certain crimes, it is important to make sure that the Home Office, the National Police Chiefs Council and others are continually looking at this. I am not convinced that a royal commission is the answer, because it may lead to decisions being delayed or not being made, but he makes an important general point about making sure we are on top of what is needed by considering the changes and the complexity of crime.

[Sir Desmond Swayne (New Forest West) (Con)]

My right hon. Friend has rightly drawn attention to the challenges facing the police. Is it fair that, in facing those challenges, so much of their time is taken up by dealing with mental health emergencies that, frankly, are properly the concern of another Department of State?

[Sajid Javid]

My right hon. Friend makes an important point. It is not fair if police time is taken up by issues that should be dealt with by, in this case, health professionals. This has been recognised by the Secretary of State for Health and Social Care, who has committed to using some of the extra resources the Government are now putting into the NHS to help to relieve the police and to work with them more closely.

[Several hon. Members rose—]

[Sajid Javid]

I will give way one more time, and then I want to make some progress.

[Mr Jim Cunningham (Coventry South) (Lab)]

May I make the Home Secretary aware that in parts of Coventry, both in affluent parts and in less well-off parts, there has been an increase in burglaries and knife crime? The police used a dispersal order in the centre of Coventry on Saturday after a young man was badly stabbed. Will the Home Secretary increase police numbers in the west midlands, particularly in Coventry, where I am told by the police that they operate at only 75%?

[Sajid Javid]

The hon. Gentleman raises the very important issue of knife crime, and I am sorry to hear about that incident in Coventry. This is about powers, which is why the Offensive Weapons Bill is bringing new powers for the police, but it is also about resources. I therefore hope that he will support the Government’s settlement today because of the extra £34 million it will provide to his local force.

[Several hon. Members rose—]

--- Later in debate ---

[Sajid Javid]

I must make some more progress. I will give way later.

The settlement provides the biggest increase in police funding since 2010, up to an extra £970 million in 2019-20. This will boost capacity and help forces recruit the extra officers they have told me they need. This is a significant increase. Last year, the House approved an additional £460 million for policing, including from the council tax increase. The latest workforce figures show that, by September 2018, this was starting to pay off, with officer numbers up by 466 in that year. At the time, the Policing Minister, who has shown steadfast support for the police, indicated that our intention was to provide a similar settlement this year, subject to improved efficiency, productivity and financial transparency. The police have met those conditions.

The police are on track to deliver £120 million in commercial savings by 2020-21. They are adopting more digital technology, including mobile working. All police and crime commissioners have published strategies demonstrating how they plan to use their financial reserves. They have kept their side of the bargain, and I am keeping mine. I am going further than we promised last year to provide the support they really need.

[Tom Pursglove (Corby) (Con)]

People in Corby and east Northamptonshire want to see more police out on the beat, catching criminals and deterring crime. Will my right hon. Friend be impressing on police and crime commissioners that a good chunk of the additional funding being made available should be directed towards that priority?

[Sajid Javid]

Yes, my hon. Friend’s point is an important one. He knows that with PCCs there is a lot of independence in setting priorities, but we work carefully and closely with police forces, including his, which will benefit by an additional £9 million through this settlement, to make sure that those strategies are the right ones.

[Mr Clive Betts (Sheffield South East) (Lab)]

I thank the Minister for Policing and the Fire Service for the supportive comments he has made about the improvements that South Yorkshire police force has made in the past year. However, it has the legacy issues of Hillsborough and child sexual exploitation in Rotherham to deal with, and each year it has to come to the Government with an application for a special grant. It has been given that, but the grant has to be top-sliced, putting an additional burden on police funding. Will the Home Secretary agree to a meeting with the South Yorkshire PCC and local MPs, involving either him or the Policing Minister, to see whether we can find a better way to deal with these issues in the future?

[Sajid Javid]

The hon. Gentleman highlights that there are sometimes special situations, and special grants are needed to deal with exactly what he has mentioned. I am happy to make sure that Home Office Ministers meet him to discuss that further, as it is a very important point.

[John Redwood (Wokingham) (Con)]

I thank the Home Secretary for understanding the need and coming up with a much better settlement for us. Does he agree that Thames Valley, which contains fast-growing areas of the country such as mine, where a lot of extra housing is going in, needs some extra money just to keep pace with the extra number of people who require a police service?

[Sajid Javid]

I very much agree with my right hon. Friend on that, and I thank him for his support. He highlights the need for this extra funding, and I know that he will welcome the support that will be provided—I believe it is almost £34 million—to his force.

[Paula Sherriff (Dewsbury) (Lab)]

Does the Home Secretary agree that as a result of having 21,000 fewer police officers on our streets, our intelligence-gathering capabilities have been severely restricted? Does he also agree that the proposal he is putting forward today is just nowhere near enough?

[Sajid Javid]

The hon. Lady will know that, when it comes to evidence gathering, a lot is needed by the police; it is not just all about resources, although they play an important role. She will know that today’s settlement gives a significant increase for her local force. I know that she supports that, so I look forward to seeing her in the Lobby.

[Several hon. Members rose—]

[Sajid Javid]

I am going to make progress, but I will give way later on.

I want to be clear with the House on how this increase of almost £1 billion breaks down. Government grants to PCCs will rise by £161 million, which will protect their grant funding in real terms. This package includes an additional £12 million for the Met, to recognise the extra costs and challenges of policing in London. We will allocate more than £153 million to help forces manage increases in pensions costs. We are investing £90 million in much-needed capabilities to combat serious and organised crime at national, regional and local levels. Funding for counter-terrorism policing will increase by £59 million next year, to £816 million—that is £160 million more than we planned at the last spending review. We will support forces through a continued investment of £175 million in the police transformation fund and £495 million to replace and upgrade critical police technology infrastructure.

We are giving PCCs the flexibility they need to use their precept to raise more public money where it is needed most. We have listened to requests from PCCs and empowered them to increase the amount they can raise through council tax precepts. This will allow them to ask for an additional £2 a month per household without the need for a local referendum. The extra cost to a typical household will be up to £24 a year. We know that money is tight, and we did not take this decision lightly. The decision to use this flexibility is up to locally elected PCCs—they must make the case to their electorates. Providing this additional flexibility will allow them to raise up to £509 million in total. Many PCCs have welcomed the funding settlement we set out in December.

Almost all PCCs in England have chosen to use this new council tax flexibility in full, and local people have shown their support. For example, 6,500 people responded to the PCC’s precept consultation in Hampshire, with 76% indicating that they support the proposed increase. In Suffolk, nearly 70% voted for the full £24 rise. PCCs have been explaining what they want to use this extra funding for, and I am delighted that many of them plan to use it to strengthen frontline policing. They are consulting on plans to use the money to recruit more than 2,800 extra officers, potentially leading to the biggest annual increase in numbers for more than 10 years. If all PCCs use their full precept next year, overall police funding will have increased by £2 billion in just four years.

[Alex Cunningham (Stockton North) (Lab)]

Police recorded crime figures for the last full year showed that police areas with the highest number of crimes per 1,000 people have received the smallest increase in funding. Cleveland has the highest crime figures yet it has the lowest increase. The Minister has ignored the letter from Cleveland MPs about our budget, so will he explain this bizarre outcome or, better still, recognise that he has got the Cleveland settlement very wrong?

[Sajid Javid]

First, the hon. Gentleman will be all too aware, given his closeness to this, that there are some other issues in Cleveland as well. He talks about resources and funding, and there is a £7 million increase for Cleveland in this settlement. If he means what he says, I am sure he will be joining me in the Lobby tonight.

[Jack Dromey (Birmingham, Erdington) (Lab)]

Let me ask the Home Secretary the question that Ministers seem reluctant to answer. Police numbers have fallen by 21,000, and by 2,000 in the west midlands, and crime is soaring. Are the Government seriously suggesting that there is no link between falling police numbers and increasing crime?

[Sajid Javid]

Where the hon. Gentleman is right is that there have been increases in certain types of crime. For example, as I said earlier, there have been increases in serious violence, cyber-crime, and the reporting of sexual offences, especially historical sexual offences. We welcome such reporting, including of historical offences; we want to see more of those being reported so that we can investigate more. It does require more resource and, in some cases, with some forces, it also requires changes in practices. He has raised his concern for the West Midlands police force and making sure there are enough resources. I believe that there is about £34 million more for his force, which represents a significant increase. It is fair to say that it is more than would have been expected by the force this time last year. If he supports his local force and wants to see those resources going to it, I am sure he will vote with the Government later this afternoon.

[Richard Burden (Birmingham, Northfield) (Lab)]

May I press the Home Secretary a little more on these figures? I am talking about the support that local forces get from his Department, not what is being passed on to local council tax payers. The West Midlands PCC has estimated that simply to stand still West Midlands police force needs an increase in excess of £24 million. As the additional amount the Home Secretary is putting forward is just over £15 million, how is that anything other than a real-terms cut?

[Sajid Javid]

Again, the hon. Gentleman, like so many other Opposition Members, has raised the issue of resources. That is why I am sure he will welcome the biggest cash increase collectively since 2010. He talks about the West Midlands force, as the hon. Member for Birmingham, Erdington (Jack Dromey) did. That force is receiving an increase of more than £34 million. I gently point out that the force has £85 million in reserves, which is one of the highest levels of reserves in the country, so the hon. Member for Birmingham, Northfield (Richard Burden) should have a chat with his PCC to ask whether he can do a better job.

[Wes Streeting (Ilford North) (Lab)]

It may have slipped the Home Secretary’s mind, but he did not actually answer a very important question. Is he seriously suggesting that there is no link between falling police numbers and rising crime?

[Sajid Javid]

I have been clear that in recent years we have seen an increase in certain types of crime, but it would be lazy of any of us to attribute that to just one factor. I recognise that resources are an important issue, which is why we are giving this record settlement today.

[Several hon. Members rose—]

[Sajid Javid]

I will make some progress, then take some further interventions in a moment.

Supporting policing is not just about money; the police chiefs I have met have also consistently raised concerns about, for example, their officers’ welfare. That is why there will be more support for frontline officers, with a new national wellbeing centre of excellence. We will also help forces to identify mental health issues earlier with psychological screening, so that officers can access support and, where appropriate, stay in work.

The impact of next year’s funding increase will be immense. Forces will be able to continue to recruit and fill crucial capability gaps. They will be able to prevent more crime and deliver better outcomes for victims. We will work with PCCs and chief constables to make the most of this funding settlement. We are asking them to use the extra investment to address four priority areas next year. First, they should continue efficiency savings. Forces must see beyond their own boundaries and continue to join up to get better procurement deals and drive more benefits from shared services. Secondly, they should resolve the shortfall in detective numbers identified by Her Majesty’s inspectorate of constabulary and fire and rescue services. We will work with the College of Policing and the National Police Chiefs’ Council to support forces in meeting this challenge. Thirdly, they should continue improvements in productivity, with a view to delivering £50 million of productivity savings in 2019-20. That will include the smarter use of data and improved digital capabilities, including mobile working, where appropriate. Finally, I expect all forces to respond effectively to the threat from serious and organised crime. This is an area that cannot and must not be ignored by anyone. I have delivered on my own promise to the police, and I now expect them to respond to the challenge that we have set them, as they did so well last year.

[Jim McMahon (Oldham West and Royton) (Lab/Co-op)]

Does the Home Secretary accept that the real lived experience of many people in Greater Manchester is that many crimes do not even get investigated, and are simply recorded? In many communities, police stations have been closed altogether, and in my own town we do not have a single custody cell left open for a population of quarter of a million.

[Sajid Javid]

Like so many Members, the hon. Gentleman makes an issue of the need for more resources. I have met his local chief constable and other police officers from his force, and they are doing some excellent work in difficult circumstances, with some particular challenges in Manchester. I hope the hon. Gentleman will join me in welcoming today’s settlement, which contains an additional £35 million for his local force. If he wishes to discuss the needs of his local force further, I would be happy to meet him, as would the Policing Minister, to listen more.

[Mr Bob Seely (Isle of Wight) (Con)]

I welcome the biggest rise in police funds since 2010, which is excellent news for Hampshire and the Isle of Wight. However, will my right hon. Friend concede that, as a force, Hampshire and the Isle of Wight has been historically underfunded relative to its size? When he considers future funding formulae, will he therefore take into account the historical underfunding of Hampshire and the Isle of Wight and seek to rectify it?

[Sajid Javid]

I am happy to give my hon. Friend that commitment. He makes an important point and I am glad he has raised it. We have been clear in the Home Office that when the upcoming spending review, on which I will say more in a moment, comes around, it is important that we also look at the national funding formula for policing.

[Ms Angela Eagle (Wallasey) (Lab)]

The right hon. Gentleman seems to be saying that the increases he is talking about will lead to better crime-fighting results, but he is denying that the cuts that led to 1,000 fewer officers in the Merseyside police force have affected the rise in crime. Will he now answer the question asked by my hon. Friend the Member for Birmingham, Erdington (Jack Dromey)? There is actually a link between police funding and crime levels, and he should come clean about it. The right hon. Gentleman cannot claim that if money is going up, crime rates will get better, but deny there is a link the other way around.

[Sajid Javid]

I thought the hon. Lady was taking over my speech for me, but she raises an important point. On fighting crime, as I mentioned earlier, there has been a particular rise in certain types of crime, especially those that are more complex and so by definition require more resource. That is what the settlement recognises—that where crime, especially more complex crime, has risen, more resources should be provided. This is a record settlement—the largest since 2010—and contains £18 million for the hon. Lady’s local force.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

Will the Home Secretary confirm that the question before the House on the police report is about national support for police forces and has nothing to do with council tax rises, which may or may not happen? Furthermore, will he admit to the House that if one looks at where the rise in knife crime has been greatest, one will see that it is in those areas that are more dependent on national support?

--- Later in debate ---

[Sajid Javid]

The right hon. Gentleman is wrong in saying that this debate is just about national support. The report also includes the Government’s decision, subject to the will of the House, to allow an increase in the precept of up to £24 without a referendum, as I mentioned earlier. That is part of the total funding package, to which I have referred, of £970 million.

[Several hon. Members rose—]

[Sajid Javid]

I need to make some progress.

The police will continue to face pressures, and my commitment to them is ongoing. The Policing Minister has also shown unwavering support and will of course continue to do so. This is the last settlement before the next spending review, which will set out the resources available to the police in future years. I will continue to make police resourcing a priority in that spending review. Once again, though, it is of course a two-way street. The police must continue to improve efficiency, productivity and effectiveness, to provide value for money, and to give the public the top-class service they deserve. I will back them in the spending review, but any increased support must come with an important condition: the police must commit to a long-term action plan to further improve effectiveness and productivity. I am determined to give them the investment that they need, but it must be used efficiently. We have the best police force in the world, but they must also be as effective as they can be.

[Mr Marcus Jones (Nuneaton) (Con)]

In Warwickshire, we have one of the smallest police forces in the country, but this year’s and last year’s settlements are enabling the police and crime commissioner to put in a further 150 police officers and staff. Will my right hon. Friend look carefully at the funding for county areas, which are under great pressure from a lot of criminality and problems coming from the city areas, which have traditionally been funded a lot more significantly than the county areas?

[Sajid Javid]

My hon. Friend makes an important point, and it draws me back to my earlier comment in response to my hon. Friend the Member for Isle of Wight (Mr Seely) about the national funding formula for policing. We are committed to looking at that when we consider longer term funding through the spending review process.

The Government are determined to respond to the threat from terrorism, organised crime and serious violence, and the police are of course a vital partner in that work. We must give them the resources they need to get the job done, which is why we are proposing the largest increase in police funding since 2010.

[Sir Edward Davey]

On a point of order, Mr Deputy Speaker. Is it in order for the Home Secretary to tell me, in answer to my question, that the £24 that the Government are allowing local police authorities to raise is in the report, when I have checked the report and cannot find any mention of the £24 to which he drew the House’s attention? That report is the subject of tonight’s vote.

--- Later in debate ---

[Sajid Javid]

Today, every Member of this House can show their support for this increase, for public safety and for our police. I commend the motion to the House.

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

Sajid Javid Excerpts

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

[The Secretary of State for the Home Department (Sajid Javid)]

I beg to move, That the Bill be now read a Second time.

Concern over uncontrolled immigration was at the heart of the debate in the run-up to the European Union referendum. The result left no doubt: people in the UK want control over our borders. They want a fair system that works for the entire UK, that attracts the brightest and the best from around the globe, and that allows access to the UK based on what someone has to offer, not where they come from. Leaving the EU means just that. For the first time in more than 40 years, we can deliver this by putting control over who comes to the UK firmly in our hands. Ending free movement is the first step, and that is what the Bill delivers.

This is not about closing our doors—far from it. That is something I would never allow. We will continue to be an open, outward-looking and welcoming nation, because immigration has been invaluable to Britain. Immigrants to this country, such as my own parents, have been essential to the success of our society, culture and economy. They have powered—indeed, they have often created—many of our businesses. They have helped to deliver vital public services. Their experience has brought new perspectives and expertise, stimulating growth and making us the tolerant, outward-looking nation we are today. Far from slamming the door on immigration, the end of free movement will be a clear path to a fairer immigration system, helping us to welcome the most talented workers from any country while cutting net migration to sustainable levels.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

The Home Secretary is giving a good account of why immigration is good for this country. Does he think that people who voted leave voted against free movement of labour as a policy, or against immigration?

[Sajid Javid]

For many people who voted leave in that referendum, immigration was one of the big, key issues. Many of them would have wanted, first, to see immigration coming down to more sustainable levels. It was certainly my experience that many of them wanted us to end freedom of movement and reform the process so that we could have more control over our borders.

[Mr Jim Cunningham (Coventry South) (Lab)]

I am sure that the Home Secretary, like many of us in the Chamber, has received emails from people expressing concern about how the health service will get labour from abroad—from Europe or wherever—and asking what protections British nationals abroad will have. Those people also perform a function at work in the various countries that make up Europe, so what protections will they have, as a quid pro quo on this?

--- Later in debate ---

[Sajid Javid]

There are two issues there. First, on protections for British nationals working in other parts of the EU, we very much hope that other EU countries respond in the way we are doing—we are guaranteeing EU citizens’ rights whether there is a deal or no deal. The hon. Gentleman also referred to the importance of immigration to our public services, including the health service, which I just referenced a moment ago. That will very much be retained under the new immigration system.

[Matt Warman (Boston and Skegness) (Con)]

Is not the crucial balance to strike between people’s ability to come here in search of work rather than for a specific job, which is what has caused so much tension in constituencies such as mine, and our ability to make sure that we do all we can to attract the vital skilled labour that the hon. Member for Coventry South (Mr Cunningham) mentioned, such as nurses and doctors?

[Sajid Javid]

I very much agree with how my hon. Friend describes the issue. This is about putting the UK in control of who comes to the UK, so we can be certain that that will benefit our economy and society.

[Mr David Davis (Haltemprice and Howden) (Con)]

The Home Secretary makes a good case for the importance of a firm but fair immigration policy, but does he accept that when we implement such a policy, it also has to be civilised? With that in mind, does he intend to do anything about the national shame of the 10,000 migrants in holding centres in this country?

[Sajid Javid]

I assume that my right hon. Friend is referring to detention centres. He will know that detention policy is not covered by the Bill, but he asks an important question and I want to make sure that I answer it. Our policy makes it absolutely clear that detention should be a last resort in respect of immigration control. Some 95% of individuals who are subject to removal are managed in the community—I know that my right hon. Friend would approve of that—and if anyone is detained, it is absolutely a requirement that we must be certain that there is a reasonable prospect that they can be removed in a reasonable time. Despite those protections, I have also tried to make sure that we are doing all that we can, which is why I welcome the work that has been done independently through the Shaw reports. We are trying at all times to see what more we can do further to improve the policy.

[Mr Andrew Mitchell (Sutton Coldfield) (Con)]

My right hon. Friend will be aware that there is deep concern on both sides of the House about administrative detention in excess of 28 days. Under the leadership of the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who chairs the Joint Committee on Human Rights, I and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve), and the right hon. Members for Leeds Central (Hilary Benn) and for Normanton, Pontefract and Castleford (Yvette Cooper) will seek to amend the Bill, at the appropriate stage, to stop people being administratively detained for more than 28 days.

[Sajid Javid]

I welcome the raising of this important issue, because it is important that we constantly look into how we can improve our detention policy to make sure that at all times it is seen as fair and compassionate. I welcome the fact that my right hon. Friend has raised this issue, his concern about which seems to be shared by other Members. If it would be helpful, I would be happy to discuss the issue further with my right hon. Friend and other right hon. and hon. Members who are concerned about it. It is important that we continue to look into the policy and see what more we can do to improve it.

[Mrs Madeleine Moon (Bridgend) (Lab)]

How can we talk about fairness and compassion? My Bridgend constituency office takes on very few immigration cases; most of the immigration into Wales comes from England. Where I have problems—despite the English—is in cases in which my constituents have married abroad and cannot then get their partners and children back into the UK. One of my constituents, Mr Jenkins, has been told that his wife will have to leave when their youngest child reaches their 18th birthday. How can that be fair and compassionate? How can I tell EU citizens in my constituency to trust the new legislation when we do not even know what it is?

[Sajid Javid]

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

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

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

[Sajid Javid]

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

[Anna Soubry (Broxtowe) (Con)]

Are we not already conflating issues in a way that clouds the whole of the immigration debate? There are people who come here primarily to work who are legally entitled to do so either because of our membership of the European Union or because they have the requisite visas. There are people who want to come here to work but do not have a right and often enter illegally, and then there are those who, in escaping the terrors of war or some other horrors, quite rightly seek asylum in our country. It is important not only to draw these very distinct differences between them but, in any event, to treat everybody fairly and with dignity.

--- Later in debate ---

[Sajid Javid]

I agreed with every word that my right hon. Friend just shared with the House. She reminds us that there are different parts of and different routes within our immigration system, and that we should always try not to conflate them. I very much welcome her intervention.

It is also important that we get the tone of the debate right, which is why my message to the 3.5 million EU citizens already living here has also been very clear. I say, “You are an incredibly valued and an important part of our society; we want you to stay. Deal or no deal, that view will not change. Our commitment to you is very real. We have listened to your concerns and we are, for example, removing the fee for the EU settlement scheme.” There must be no barriers to those who want to stay, and I urge other EU countries to follow suit and to waive any fees for UK citizens.

[Stephen Kerr (Stirling) (Con)]

Some people have already paid that fee. Will my right hon. Friend reassure everyone by confirming that those who have paid the fee will be reimbursed?

[Sajid Javid]

Yes, absolutely. Anyone who has paid the fee under the scheme will be reimbursed in full.

[Sir Edward Davey]

rose—

[Sajid Javid]

I will make some progress and then give way later.

Given the concerns that were raised in the referendum, we must control immigration to make it fairer and more sustainable. We wanted to ensure that our proposals were based on the very best evidence, which was why we commissioned the independent Migration Advisory Committee to review the impact of European migration on the UK’s economy and society. It was clear that, with free movement, we could not guarantee that we would maximise the benefits of immigration, so it recommended a system that was focused on skilled workers. We heard that, and our White Paper, which was published before Christmas, proposed a skills-based system welcoming talent from around the world, with no automatic preference for the EU.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

May I caution the Home Secretary about setting too much store by the Migration Advisory Committee? For years, as he will know, I have been talking to various Immigration Ministers—they come and they go—about trying to get fishermen from other parts of the world to work on boats on the west coast of Scotland. Northern Irish Members and Members on the east coast of Scotland have been talking to them about that as well. The advice that comes back is that fishing is not a skilled business. If it is not skilled, can I get some of these guys from the Migration Advisory Committee to go and work on the boats so that they can understand the business? The point is that we need people to come, but they are not coming, because the Secretary of State is setting too much store by the Migration Advisory Council.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. I say to the hon. Gentleman that he is down on the speaking list—save something for later.

[Sajid Javid]

Mr Deputy Speaker, I think that that was the hon. Gentleman’s speech, so you can take him off your list.

The hon. Gentleman makes a fair point. Let me emphasise that the evidence that the MAC has considered is reflected in its recommendations. He will know that, in our response in the White Paper, while we have very much based things on the evidence presented, there are still things that require further engagement before we design and settle on exactly what the future system looks like.

We also asked the MAC to review the position of international students. It recommended that there should continue to be no limits on the number of international students we welcome to study in our country, and that will of course remain our approach. As my hon. Friend the Minister for Universities, Science, Research and Innovation has strongly campaigned for, we will continue to be an open and welcoming country for international students. Our word-class universities will continue to be able to attract global talent, and we will make it easier for the brightest and best graduates to stay and work here.

[Chuka Umunna (Streatham) (Lab)]

Will the Home Secretary just confirm for the record that the Government are formally dumping their commitment to a net migration target—to reducing migration down to the tens of thousands? If I am wrong, will he at least confirm that international students will not be included in that ridiculous target?

[Sajid Javid]

There are no targets in our White Paper, which sets out our approach to the future immigration system. That said, we are still very clear, as I have already set out, that we must continue to work to bring net migration down to more sustainable levels.

[Catherine West (Hornsey and Wood Green) (Lab)]

Would the Home Secretary just clarify the exact position of students? He only half answered the question asked by my hon. Friend the Member for Streatham (Chuka Umunna) regarding international students, and he knows my hon. Friend’s commitment to excellent tertiary education here in the UK.

[Sajid Javid]

I am happy to clarify that there is absolutely no cap on student numbers. There is no limit on the number of students we wish to welcome into our country.

[Lilian Greenwood (Nottingham South) (Lab)]

Does the Secretary of State share my concern that the rhetoric that has built up around migration is already having an impact on student recruitment? The University of Nottingham tells me that there has been a significant drop-off in recruitment, particularly at postgraduate level. Is not his policy simply exacerbating those problems?

[Sajid Javid]

I am sorry, but I do not accept the hon. Lady’s point. The current number of international students in this country—I believe that the figure is more than 450,000—is the highest we have ever had, so the facts do not bear out the hon. Lady’s comments.

This Bill is fundamental to our future immigration system. First, it will end freedom of movement. All related EU legislation that is retained in UK law under the withdrawal Act will be repealed. This will make European economic area and Swiss nationals, and their families, subject to UK immigration rules. Like people from other countries around the world, they will need permission to enter and remain in the UK. In place of that, we will introduce a new system that will level the playing field by ending preferential treatment for EU citizens. It will mean that everyone will have the same opportunity to come to the UK, regardless of where they are from.

[Kirstene Hair (Angus) (Con)]

As the Home Secretary is well aware, the soft fruit industry is vital to my constituency. Will he therefore assure me that our future immigration policy will also take account of seasonal labour?

[Sajid Javid]

I can give my hon. Friend some assurance. I know that she has welcomed the pilot for seasonal agricultural workers that we have already announced. Once we have had the pilot, we will look at how we can incorporate such a scheme in the future immigration system.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

I agree entirely with my right hon. Friend when he says how valuable all the people who are already here under free movement are, because they all have to be self-sufficient when they are here and they are all doing vital jobs. I also agree with him when he says how valuable international students are, and that we have no wish at all to see any reduction in bona fide students coming here from Europe. What I do not quite understand is which of these vital and valuable categories of people he intends to reduce the numbers of in the future, given that he keeps repeating the slogan, “Ending freedom of movement”. What is the policy point of changing our present arrangements if they have brought such valuable people to this country over the past years?

[Sajid Javid]

I am very happy to answer that question. First, our new system will allow us to help people to enter the UK based on their skills and not their nationality, so it is going to be their skills that will count. My right hon. and learned Friend also questioned how, in that case, by still welcoming the people with the skills, and the students, that we need, we will reduce net migration to more sustainable levels. The answer is in the approach that has been set out in the White Paper based on the evidence from the Migration Advisory Committee. The MAC clearly says in its evidence that if we have a policy that is focused on skills and not nationality, and focus more on high skills than low skills, that is consistent both with meeting the needs of the economy and reducing net migration down to more sustainable levels.

[Antoinette Sandbach (Eddisbury) (Con)]

Farmers in my constituency, particularly dairy farmers, have for many generations welcomed EU migrants who have come to work on their dairy farms. They are worried that the £30,000 cap will affect their ability to recruit. Will the Home Secretary outline whether he plans to look at the amount that the cap is set at?

[Sajid Javid]

I can give my hon. Friend an assurance that the final threshold for the high skills determination has not been set yet. As we set out in the White Paper, we recognise that the recommendation from the Migration Advisory Committee is £30,000, but we will be engaging thoroughly over a number of months to determine what the actual threshold should be so that we can be comfortable that it works for the economy.

[Several hon. Members rose—]

[Sajid Javid]

I will give way once more, to the hon. Member for Stretford and Urmston (Kate Green), and then make some progress.

[Kate Green (Stretford and Urmston) (Lab)]

I am glad that the Home Secretary is looking at the £30,000 threshold, but does he accept that the salary may not be commensurate with the skill level, and that what is important is that we look at the skills needs and do not set some arbitrary figure as a proxy for that?

[Sajid Javid]

The hon. Lady will know that there is already such acceptance in the current immigration system for non-EEA migrants. For example, within the current system there is a shortage occupation list—a system that we will keep in place going forward—which recognises that in some cases where there is a shortage, we need to change the salary threshold. There will be flexibilities built into the system going forward, and a lot of that is explained in the White Paper.

[Several hon. Members rose—]

[Sajid Javid]

I will make some progress and give way later.

Secondly, this Bill will protect the rights of Irish citizens. We are very proud of our deep and historic ties with Ireland. When free movement ends, Irish citizens will continue to be able to come to the UK to live and work as they do now. British and Irish citizens have enjoyed a special status and specific rights in each other’s countries for almost 100 years. The Bill will preserve rights that Irish citizens currently have in the UK—the same rights that British citizens enjoy in Ireland. This includes the right to work, to study, to access healthcare and social security benefits, and to vote. The only exception is where an Irish citizen is subject to deportation exclusion orders, as now, or to an international travel ban. Our close ties with Ireland will remain. Our historical bond is unbreakable. The Government have always been firm in their commitment to preserve the long-standing common travel area arrangements. This Bill reaffirms our intention to preserve our special relationship and to continue to stand side by side with Ireland after we leave the EU.

Thirdly, the Bill gives us the basis to build a legal framework for the future immigration system. It includes a power to make amendments to primary and secondary legislation that become necessary after the end of free movement. This will enable us to ensure that UK legislation remains coherent once we leave the EU. It means that we can align our treatment of EU and non-EU migrants depending on the final design of the UK’s future skills-based immigration system, and that we can accommodate any trade deals that we agree with the EU and with other countries.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

The Home Secretary talks about aligning treatment of EU and non-EU citizens. It currently costs £1,220 to apply for leave to remain whereas it costs only £120 to administer that service. Will he at least commit in this Bill to stop profiteering from people’s immigration status?

--- Later in debate ---

[Sajid Javid]

No one is profiteering from charges that come through the immigration system. In fact, those charges currently do not even cover the full cost. The rest of the cost is covered by general taxes.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

I wonder how the Secretary of State will align things for the economy of the highlands, where a full 20% of the economy is based on tourism and unemployment is traditionally low. How can that be reconciled with the threshold he is introducing for workers’ wages? What does he say to people who are running businesses in the tourism industry across the highlands and islands?

[Sajid Javid]

The hon. Gentleman will know that immigration is a reserved matter, but it is very important that we engage with all nations, regions and communities. As we develop the new immigration system set out in the White Paper, I will ensure that that engagement happens and that we set up a system that represents the needs of the entire UK.

Fourthly, in addition to immigration measures, the Bill will allow us to adapt our benefits system as we leave the EU. It will enable the UK to change the retained social security arrangements for EEA and Swiss nationals. British people living abroad will also benefit. The social security powers in the Bill will allow amendments to the retained EU social security co-ordination regime. That will help us to deliver effective support for UK nationals abroad, including pensioners living in the EU. The rights of EU nationals already resident in the UK will be protected, but the powers will allow us to rapidly respond to the outcome of negotiations and to provide reassurance to those who are affected. Any future changes using those powers will be subject to normal parliamentary procedures.

This Bill is just the beginning of our future border and immigration system. We plan to phase in that system, to give individuals and businesses time to adapt. Of course, if we leave the EU without a deal, there will be no implementation period, but we will continue to deliver on the referendum result and end free movement. The automatic right to come to the UK will stop once the Bill is commenced. We will not hesitate to take back control of our borders.

As set out in our no-deal policy paper, which I will publish later today, we will also introduce transitional arrangements to minimise any disruption. Copies of the policy paper will be placed in the Library of the House. This will ensure that we take a practical approach and that the UK stays open for business. Under the arrangements, EEA and Swiss nationals will be able to come here for up to three months without a visa. They will continue to use e-gates, as they do now, and they will not face additional checks at the border. They will be allowed to work temporarily but will need to apply for leave and pay an application fee if they want to stay longer.

We plan to grant them three years’ leave, subject to identity, security and criminality checks. That will give us the time needed to run our EU settlement scheme for EEA and Swiss nationals who are already living here and ensure that there is no sudden shock to UK businesses as the future system is put in place. But the leave will be strictly temporary. It cannot be extended, and those who wish to stay will need to meet our future immigration requirements.

The transitional period will last until 31 December 2020, when our EU settlement scheme closes, and from that point on, businesses will be expected to check that EEA citizens have an immigration status before allowing them to start work. Let me be clear: this policy does not apply to those here before exit day, whose rights to live and work here in the UK will be protected by the EU settlement scheme. We want them to stay, and we value them hugely.

[John Woodcock (Barrow and Furness) (Ind)]

I thank the Home Secretary for giving way; he is being very generous. What is the Government’s estimate of the economic cost of these changes? Why does he think it is worth damaging the economy, with the effect that this may have on jobs and livelihoods?

[Sajid Javid]

The hon. Gentleman will be aware that the Government have set out an economic analysis of the deal and exit from the EU, including in a no-deal scenario. I point him to that.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Does the Home Secretary recognise that ending freedom of movement is a huge loss for many people—not just for businesses and for our economy, but for families and friends here in the UK now? Will he actually own up to the fact that, as we should be reminding people, ending freedom of movement means that the freedom of movement for young people in this country to visit, stay and work in other countries will be massively reduced—we are shrinking our young peoples’ opportunities—and that if our goal is to reduce immigration, this is perverse because immigration from non-EU countries is actually going up while immigration from EU countries is going down?

[Sajid Javid]

I think the hon. Lady and I will have to agree to have different points of view. I respect her view, but I think one of the clear messages from the referendum result was that many people felt we needed an immigration system that is designed in Britain and built in Britain and which is designed specifically to meet the long-term needs of our economy and our society, and that is what we have set out in the White Paper. The independent work by the Migration Advisory Committee—the analysis it has done by looking at the immigration systems of other successful industrialised economies—shows that it is not necessary to have freedom of movement or something similar to freedom of movement in order to have a successful country and society.

[Karin Smyth (Bristol South) (Lab)]

First, as the daughter of Irish immigrants who came here to rebuild England after the war, I welcome the Home Secretary’s comments on the common travel area. That is hugely welcome, because it has been a source of great concern.

The Home Secretary has just used “Britain” as opposed to the United Kingdom. Earlier today, I met businesses and civic society from Northern Ireland that are already losing people from Northern Ireland who are going back to their country of origin or, indeed, moving a few miles south. Who is he talking to in Northern Ireland to address some of these issues, and what are his Government now doing about that in the event of a no-deal scenario in only 60 days’ time?

[Sajid Javid]

As I mentioned following the question from the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), it is important that we have an immigration system that represents the needs of every part of the UK, of course including Northern Ireland. In developing the White Paper, we have already talked to people from Northern Ireland—businesses, elected representatives and others—and we will continue to do so as we finalise the policy set out in the White Paper. Over the coming year, we will have a year-long engagement that will include every nation, every region and every community in the UK.

We are planning on the basis that, deal or no deal, from 2021 the future immigration system will be in place. It is right that we deliver on our promise to the people of the UK and that we legislate to end free movement, but if the future system is to be truly fit for purpose we must also learn the lessons from Windrush. We must put people first and make it easier for them to navigate the system. This work is under way, and we have already commissioned the Law Commission to review the existing immigration rules. I welcome its work to find ways to make them more accessible, and I look forward to receiving its recommendations later this year. They will help to inform the next stage of our future system, developing new immigration rules to set out that approach.

The proposals outlined in the White Paper have already prompted some debate. I have said that they are the starting point for a national conversation on what the future system should be. We will be discussing the detail with businesses, organisations and community representatives across the UK during this year, and I look forward to those conversations progressing. We are listening and we are taking our time to ensure that we get it right, but there can be only one end result. We must deliver what the British people asked for: exiting the EU and seizing this once-in-a-generation opportunity to redefine our immigration system. This Bill is a key part of that process. It ends freedom of movement and it gives us full control, building a fair and sustainable system that people can count on. It is a system fit for the welcoming and diverse nation we all love, and a system designed in the UK for the UK. I commend the Bill to the House.

--- Later in debate ---

[Ms Abbott]

In conclusion, the Home Secretary said in the debate on the withdrawal deal:

“Concern over uncontrolled immigration from the EU was a major factor in the decision to leave the EU.”—[Official Report, 11 January 2019; Vol. 652, c. 698.]

Who whipped up that concern? Could it have been the political party that introduced completely bogus immigration targets—targets that have never been met, were never intended to be met and were just a vehicle for anti-immigrant sentiment and targets that the current Home Secretary seems unwilling to stand by? Could it have been whipped up by the “Go home” vans? I saw them driving through my constituency in east London, and I have to tell the Home Secretary—in case he is not aware—that they represent a low point in our migration policy, having been designed to intimidate and strike fear into the hearts of people who were here perfectly legally.

Or was the concern whipped up by the introduction of the hostile environment? I would be the first to say that some of its elements were introduced under a Labour Government, but the majority were brought in post 2010, when the current Prime Minister was Home Secretary, and I voted against the legislation. As a consequence of the hostile environment, sick people were denied cancer treatment, which horrified the public when they read about it for the first time, and people were evicted from their homes because they could not get the benefits they were entitled to. People were detained—I met women detained under the hostile environment on my visit to Yarl’s Wood last year—and deported, and people who had gone home to the Caribbean for a holiday—

[Sajid Javid]

rose—

[Ms Abbott]

I give way to the Home Secretary.

[Sajid Javid]

The right hon. Lady will know that the historical review of what has been known as Windrush shows that almost half those affected were under a Labour Government. This Government have apologised for their role. Does she want to take this opportunity to apologise on behalf of the previous Labour Government for their mistakes?

[Ms Abbott]

The Home Secretary knows perfectly well that I never voted for those aspects of Labour policy, and I made the point that some of the aspects of the hostile environment, particularly in relation to the health service, were introduced under a Labour Government.

Migration Crossings

Sajid Javid Excerpts

Monday 28th January 2019 Written Statements

[The Secretary of State for the Home Department (Sajid Javid)]

Since November 2018 there has been a significant increase in the number of individuals attempting to cross the English Channel illegally in small boats.

This activity represents a substantial risk to the lives of those attempting the crossing, as well as to the rescue services. Organised criminal networks are exploiting vulnerable individuals to drive profit from what is a highly dangerous activity.

As I set out to the House on 7 January, I declared a major incident on 28 December to send a clear message that we will not tolerate these life-threatening and illegal crossings. I established a Gold Command structure to co-ordinate my Department’s response to this issue.

Good progress has been made to date. The re-deployment of Border Force assets and use of aerial surveillance has substantially improved coverage in the Channel and our extensive work with our French counterparts has improved co-ordination, both on land and at sea. We have built on existing structures, such as the Centre Conjoint d’Information et de Co-ordination (CCIC), which sees Border Force and Police Aux Frontiéres working alongside law enforcement partners to exchange real-time intelligence on criminality at the border and work together to identify and dismantle criminal gangs involved in people smuggling and wider cross-border crime. The Immigration Minister attended the formal opening of CCIC with Interior Minister Christophe Castaner on 25 January and saw first-hand the efforts that both countries are making to enhance our co-operation around border security.

Through these efforts, we have managed to reduce the number of individuals attempting the crossing from around 250 in December to around 90 so far in January, with roughly half of the January attempts being intercepted by partners in France before they can make it to British waters. But even one crossing is too many and I am determined that we make further efforts to deter both the facilitators and the individuals making these crossings.

To that end, I met with Minister Castaner in London on 24 January to agree a Joint Action Plan. The plan solidifies and builds on our existing border security partnership by setting out over £6 million (€7 million) in investment for new security equipment, as well as increased CCTV coverage of ports, air surveillance and shared intelligence. We have also agreed that migrants encountered in the Channel will be taken to the nearest safe port, in accordance with international maritime law.

In addition, the plan features a mutual commitment to return more migrants to France who have used boats to illegally cross the Channel. The first of these returns took place on 24 January.

We will not allow illegal migration and its facilitators to flourish, and we will continue to work closely with France and other countries to provide a strong deterrent against these dangerous crossings. This includes making it clear that those fearing persecution should claim asylum in the first safe country they reach, and my officials are looking to strengthen our inadmissibility guidance for claims made by those who have travelled here through countries that are internationally recognised as being safe.

The Joint Action Plan comes into force immediately and builds on the existing framework of co-operation set out in the Sandhurst Treaty. I am confident that it will strengthen the achievements that we have made to date and I thank our French colleagues for their collaboration in working with the United Kingdom to tackle this critical issue—protecting human life, and our border.

I will place a copy of the Joint Action Plan in the House Library.

[HCWS1280]

Oral Answers to Questions

Sajid Javid Excerpts

Monday 21st January 2019 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

1. What recent discussions he has had with Cabinet colleagues on future security agreements with the EU.

[The Secretary of State for the Home Department (Sajid Javid)]

I have regular conversations with Cabinet colleagues on a range of matters. The deal that the House considered last week confirmed the commitment of the UK and the EU to a new security partnership and included a transition period. In considering a way forward, we must focus on ideas that deliver the same benefits, are genuinely negotiable and have sufficient support in the House.

[Debbie Abrahams]

Title V of the draft withdrawal agreement describes the ongoing police and judicial co-operation between the UK and the EU on criminal matters. Given that it has taken 30 months to agree the 13-page section on security and that the section covers only the transition period, why should we have any confidence in this Government completing negotiations to ensure this country’s future safety and security by the end of next year?

[Sajid Javid]

Security is an absolute priority for the Home Office, which is why it should come as no surprise to the House that all capabilities on which the UK would wish to co-operate with the EU are covered in the political declaration. If the hon. Lady wishes to continue that kind of co-operation, the best thing to do is to support the deal.

[Sir Desmond Swayne (New Forest West) (Con)]

What estimate has my right hon. Friend made of the intervention by Sir Richard Dearlove and General Guthrie?

[Sajid Javid]

I read the intervention carefully a week ago. Although I have huge respect for those two individuals and listen to them on many issues, I think that they are completely wrong in their assessment.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The last time the Home Secretary appeared before the Home Affairs Committee, he told us that, in the event of no deal,

“we will be as safe—if we are talking about the SIS II system, for example, as we were just now”,

and said that Schengen Information System II is merely a “nice to have”—those were the words he used. Since then, the Met Commissioner has said that losing access to SIS II

“will be more costly undoubtedly, slower undoubtedly, and potentially, yes, put the public at risk.”

The National Crime Agency has also said that there is

“a risk that this country will be less safe as a result.”

What is the Home Secretary’s assessment of the risk to the country, particularly in policing and security terms, from no deal, and why is his assessment different from that of the police?

[Sajid Javid]

The right hon. Lady will know that paragraph 87 of the political declaration talks about how the UK and our EU partners will work together to consider continuing arrangements for missing and wanted persons, and on other issues, such as criminal information exchange. Today we are lucky to live in a very safe country. Under our assessment, I am confident that, whether we have a deal or no deal, we will continue to be a very safe country.

[Charlie Elphicke (Dover) (Con)]

The arrival of 39 suspected migrants via crossings in just the last two days is a considerable concern to my constituents in Dover and Deal. When will the Home Secretary next meet his French counterpart to discuss this matter? Will the Home Office carry out round-the-clock aerial surveillance urgently? Can he confirm the date on which the two cutters in the Mediterranean will return to be on station to secure our border?

[Sajid Javid]

My hon. Friend is absolutely right to raise this issue. We have started to deploy aerial surveillance of the English channel since I declared a major incident. While we await the arrival of the two cutters in early February, we have increased the presence of vessels, including with help from the Royal Navy. I will be meeting my French counterpart, Minister Castaner, this week.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

Further to the question asked by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the police have said that direct access to EU databases such as SIS II are mission critical for their work in tackling criminals and terrorists. What guarantee can the Home Secretary give the House today that, after the transition period, Britain and the police will still have access to these mission-critical databases?

[Sajid Javid]

I agree with the right hon. Gentleman that those databases are important, which is why it is very good that we have an agreement in the political declaration to consider how we can keep using such arrangements. Again, if he is that concerned, he should support the deal.

[Mr Philip Hollobone (Kettering) (Con)]

Is it not the case that our closest security and intelligence partnership is with the United States and the “Five Eyes” signatories, none of which are members of the European Union; that our closest defence partnership is with NATO, not the EU; and that, whether we leave the EU with or without a deal, we will be signing a security and intelligence arrangement with the EU?

[Sajid Javid]

My hon. Friend is absolutely right to highlight the importance of the security relationship we have with many other countries, including, of course, with our “Five Eyes” partners—that is a critical relationship—and the NATO alliance. That does not take away from the fact that we also want to continue co-operating with the EU, and I am sure that we will.

[David Hanson (Delyn) (Lab)]

Can the Home Secretary help me, please? The European Court of Justice has oversight of the European arrest warrant, SIS II, Europol and Eurojust. He says that we will have arrangements with all three; how does he cross the Prime Minister’s red line on those issues?

[Sajid Javid]

That is quite straightforward. If the right hon. Gentleman takes the time to read the political declaration, he will see that it refers to establishing arrangements—for example, for the quick and efficient surrender of individuals. They are not necessarily exactly the same instruments, but we have done this in a way that is consistent with our taking back control of our laws.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

I have listened with great care to the Home Secretary. He will be aware that the EU insists on treaty arrangements governing key aspects of international security, justice and policing. Without a treaty, courts have no legal basis to implement arrest or extradition warrants, and cannot allow access to criminal and other databases to third countries. The danger is that there will be a mutual loss of the European arrest warrant and the UK will no longer be able to access the Europol database in real time. How does he justify putting the security of the nation at risk in this way?

[Sajid Javid]

The Government have suggested to the EU—if the deal gets through Parliament, this is what will be looked at—having an internal security treaty between the UK and the EU because, as the right hon. Lady quite rightly says, it is best to have these arrangements on a proper legal footing and it makes sense to do that through treaty-type arrangements. I have to say again, however, that if she is really concerned about continued co-operation, she should support the deal.

[Kerry McCarthy (Bristol East) (Lab)]

2. What steps his Department is taking to prevent young people from becoming involved in county lines drugs operations.

--- Later in debate ---

[Julian Sturdy (York Outer) (Con)]

17. What plans he has for the UK’s future immigration system.

[The Secretary of State for the Home Department (Sajid Javid)]

On 19 December last year, the Government published a White Paper that set out our principles and plans for a future skills-based immigration system. The future system will focus on high-skills, welcoming talented and hard-working individuals who will support the UK’s dynamic economy and enabling employers to compete on the world stage.

[David Duguid]

I thank my right hon. Friend for his response. When we leave the common fisheries policy, as he will be aware, we take back control of our waters and our fish. We can expect at that point an expansion of the seafood processing sector in my constituency of Banff and Buchan, an area of very low unemployment. Will he therefore assure me that our future immigration policy will, if required, facilitate the sourcing of skilled seafood processing workers from outside the UK?

[Sajid Javid]

My hon. Friend is right to highlight the opportunities that Brexit will bring for certain industries. I can assure him that the immigration White Paper does contain proposals to bring medium-skilled workers into the scope of skilled workers and also to introduce a temporary workers’ route at all skill levels. I hope that that offers him some reassurance.

[Jeremy Lefroy]

Will my right hon. Friend assure me that the skills-based immigration system will not fall foul of an arbitrary salary cap? This is important in many sectors. In research—I declare an interest as I am on the board of a university—very highly skilled researchers are often not paid anything like £30,000 at the beginning of their career, but we need them for our university and research sector.

[Sajid Javid]

My hon. Friend is right to raise that issue. He may know that we made our visa offer for academics even more generous last year. Those changes have been warmly welcomed by the research community. I can assure him that we will engage with employers in the higher education sector and others before we determine any future salary thresholds.

[Gillian Keegan]

Chichester is home to a fresh food industry worth £1 billion, and its businesses rely on European workers. One grower in my constituency reached 1.5 million picking hours last year, and with no mechanical alternative for picking soft fruit, any restriction in accessing labour will curtail growth. Will my right hon. Friend assure me that our post-Brexit immigration policy will ensure that such businesses will be able to get the workers that they need?

[Sajid Javid]

I understand the importance of the fresh food industry to my hon. Friend’s constituency. We are piloting a scheme to bring in workers from outside the EU to work in this industry, and our immigration White Paper proposed a temporary work route, allowing workers to come to the UK to work in jobs for up to a year at any skill level.

[Julian Sturdy]

Will the Secretary of State assure me that he will listen to North Yorkshire farmers and those in the agricultural sector who wish to retain access to seasonal workers after Brexit? Will he confirm how the pilot will be assessed and that changes to numbers will be reviewed?

[Sajid Javid]

I can tell my hon. Friend that, first, the pilot will test the effectiveness of our immigration system, alleviating seasonal labour shortages during peak periods of production while ensuring that there is a minimal impact on local communities. We will fully assess the outcome of the pilot, but I am happy to give him the assurance that he seeks.

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

It is impossible to consider the future of the immigration system without considering the injustices that the immigration system has meted out in the past. In relation to the compensation scheme for Windrush citizens who have been unjustly and unlawfully treated by the Home Office, is the Home Secretary aware of reports that unscrupulous law firms are approaching Windrush victims and seeking to represent them in relation to the compensation scheme on the basis of a commission rate of more than 25% of the compensation awarded? Will he condemn that utterly predatory and exploitative practice and take steps to ensure that 100% of the compensation awarded by that scheme, when it is finalised, will go to the victims, who have already suffered enough?

[Sajid Javid]

It is very important that we have a fair compensation scheme in place. The work that Martin Forde, QC, has done independently is excellent; we will announce more on that soon. I join the hon. Lady in condemning those unscrupulous firms that are thinking only about lining their pockets, and not about the victims.

[Janet Daby (Lewisham East) (Lab)]

Can the Home Secretary say what progress he has made regarding compensation for victims of the Windrush scandal?

[Sajid Javid]

The hon. Lady will know that a consultation on the subject recently closed; it was extended at the request of Martin Forde, the independent chairman appointed to look into the matter. We are now working through the responses across Government, and we will announce more details soon.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Tens of thousands of families have been split by the Prime Minister’s draconian anti-family immigration rules. How many more families will be destroyed by the Home Secretary’s proposals to extend those rules to EU family members? Should we not be getting rid of these rules, rather than extending them?

[Sajid Javid]

The hon. Gentleman may be aware that in the withdrawal agreement in the Prime Minister’s deal, there is an extensive section on guaranteeing citizens’ rights. I believe that what we have agreed with the EU is very generous. No one has any interest in splitting any families. We must do everything we can to welcome those EU citizens who have made their home in the United Kingdom.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Can the Home Secretary tell us how the settled status scheme will work for EU nationals ordinarily resident in the United Kingdom, but working in the offshore oil and gas industry, or the merchant marine? Can he confirm that the fact that many of those people work outside the 12-mile limit for more than six months in the year will not be a barrier to their inclusion in the settled status scheme?

[Sajid Javid]

One of the reasons why we piloted the scheme was to look at any issues that might come up before the full launch, which is expected in April. The pilot has just closed; we published the results today. It looks at precisely such issues as the one that the right hon. Gentleman has brought up. We will look into that carefully.

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

This morning, the Government launched the largest stage of the settled status roll-out. If just 5% of those who need settled status fail to apply for it, 175,000 people in the UK will have insecure immigration status, or no status at all. The British Medical Association found that 37% of EU doctors are not even aware of the settled status scheme. What are the Government doing to make sure that EU citizens know that they need to register for settled status to avoid a repeat of the Windrush scandal?

[Sajid Javid]

The hon. Gentleman might be interested to know that in a recent test—we have just published the results—out of 30,000 applicants, 70% were granted settled status; 30% were granted pre-settled status. None was refused. Almost 80% said that they found the application process very fair and easy to complete, so the process is working well, although he is right to highlight the question of what it might look like once it is fully open. We are making sure, through a huge comms campaign, that we get through to everyone who needs to know about the scheme. We are, for example, working with employers; I visited one such employer, GSK, just last week.

[Layla Moran (Oxford West and Abingdon) (LD)]

5. What recent assessment he has made of the size of the (a) current and (b) future immigration detention estate; and if he will make a statement.

--- Later in debate ---

[Tracy Brabin (Batley and Spen) (Lab/Co-op)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for the Home Department (Sajid Javid)]

The public testing phase of our EU settlement scheme was launched today. It is open to all resident EU citizens with a valid passport, allowing us to further test the scheme ahead of full roll-out by April.

We have also announced a significant increase in police funding for the next year. Police and crime commissioners are consulting on plans to recruit around 1,200 extra officers, which is potentially the biggest increase in officer numbers in 10 years.

Finally, we have published our draft domestic abuse Bill to support victims, tackle perpetrators and improve services.

[Tracy Brabin]

Like me and many others in north Kirklees, the Home Secretary will have been shocked and concerned to hear last week about the 55 local arrests in relation to child sex abuse. This vital investigation will put extra strain on the police and the local authority, whose resources are already stretched to breaking point. Will the Home Secretary give my constituents a cast-iron guarantee that the police will have the resources they need to protect victims in the long and short term? Will he also ensure that the perpetrators are brought to justice, with which I am sure the House would agree?

[Sajid Javid]

The hon. Lady is absolutely right to raise that case. The Government, local police forces and others such as the National Crime Agency have a huge focus on child sexual exploitation and abuse. She has raised the horrific case in Kirklees. I assure her that we want to ensure that all the necessary resources are available. The recent police settlement for this year will certainly help, but there is more to be done, including with the tech giants and those who groom our children online.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

T2. Will the Home Secretary join me in welcoming the High Court judgment in the Kotey-Elsheikh case—they are also known as the ISIS Beatles? Does he believe that the judgment vindicates the position he took in the face of fierce criticism in the House and further afield?

[Sajid Javid]

I, of course, welcome the High Court judgment, which upholds my decision on all grounds. I hope that hon. Members who at the time claimed that my decision was inconsistent with long-standing Government policy take their time to reflect on it. With the situation changing on the ground in Syria as we speak, I will do all I can to protect our country and to bring suspected terrorists to justice.

[Carolyn Harris (Swansea East) (Lab)]

I am pleased that the Government have finally announced that they have introduced the draft domestic abuse Bill. Cross-examination of survivors by perpetrators will now be outlawed, but more scrutiny of the family courts is needed. Will the Minister commit to including in the Bill an independent inquiry into the culture, practice and outcomes of the family courts in connection with child contact cases, and to listening to the children?

--- Later in debate ---

[Gillian Keegan (Chichester) (Con)]

T5. As the Minister might have seen, Oxford University recently suspended grants from telecoms firm Huawei due to security concerns. In the same week, Germany joined the growing number of our allies and intelligence partners by blocking the company from its 5G network. Will Britain take similar action?

[Sajid Javid]

My hon. Friend is right to raise this. A cross-Government approach is looking at safeguarding our telecoms networks. It would be inappropriate for me to mention any particular company by name, but I can say that I very much share her concerns and I believe that we should work with our allies on a co-ordinated approach.

[Paula Sherriff (Dewsbury) (Lab)]

T7. Further to the question of my hon. Friend the Member for Batley and Spen (Tracy Brabin), last week we saw a further 55 arrests regarding historical and horrific child sexual offences in Kirklees. I have to press the Secretary of State: exactly when will we see the extra resources put into Kirklees so that those offences and others can be fully investigated and the victims of crime can have the necessary protection and support?

[Sajid Javid]

I want to make sure that police forces across the country, including West Yorkshire, have the resources that they need to deal with this priority. I am sure that the hon. Lady will welcome the draft police settlement, which I think has an additional almost £30 million for her local force, which will go to help with that absolute priority.

[Julian Knight (Solihull) (Con)]

The percentage of convictions secured for domestic abuse is at its highest since 2010. What more can the Department do to ensure that we get more prosecutions and thereby more convictions?

[Sajid Javid]

I have listened carefully to what my hon. Friend said. The resources and the settlement that has been announced, with the additional almost £1 billion for police forces in England and Wales, will certainly help, but more can be done making sure that the police have the powers that they need.

[Liz Twist (Blaydon) (Lab)]

T8. Last November, Tyne and Wear MPs joined together in Westminster Hall to raise the funding problems of the Tyne and Wear fire and rescue service. The Minister undertook to meet the chief fire officer. Will he update us on progress in resolving those problems?

--- Later in debate ---

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

T9. The Government have cut 21,000 police officers, which is the cause of violent crime doubling. Knife crime and antisocial behaviour have brought misery and terror to our communities. Is it not time the Home Secretary got a grip on law and order and invested in our police service before he fast becomes known as the Home Secretary for crime and disorder?

[Sajid Javid]

The hon. Lady will know that action is required on many fronts to fight the rise in serious violence, and that is why we have our serious violence strategy, which includes more than 60 different measures. On resources, if that is what she really believes, the best thing is for her to support the Government’s police settlement.

[Ms Esther McVey (Tatton) (Con)]

I, too, welcome the Government’s domestic abuse Bill and the announcements today. Will the Minister meet me to discuss issues of continuing emotional abuse where a couple have divorced but share the parenting of their children? Constituents of mine in that situation have some very practical suggestions for reducing such emotional bullying.

--- Later in debate ---

[James Frith (Bury North) (Lab)]

Mrs Amodio and her husband came to live in Bury over 60 years ago. Mrs Amodio had to sign the Official Secrets Act when she worked at Bury police station. Now retired, she and her husband have been told by this Government to register, apply and pay for settled status. She feels unwelcomed and angry. Will the Secretary of State confirm this policy, and what has he to say to them? Does he agree that we become lesser versions of ourselves as a country with such mean-spirited policies?

[Sajid Javid]

The Government have made it absolutely clear that we welcome all EU citizens who have made their homes here and have contributed so much to our nation. We want to have a scheme in place that shows they are welcome, and we will reflect on what is being said and see how we can continue to improve the scheme.

Domestic Abuse

Sajid Javid Excerpts

Monday 21st January 2019 Written Statements

[The Secretary of State for the Home Department (Sajid Javid)]

My right hon. Friends, the Prime Minister and Justice Secretary and I are today publishing the consultation response on transforming the response to domestic abuse and draft Domestic Abuse Bill following the public consultation last year.

Domestic abuse destroys lives. It is a cruel and complex crime that can affect anyone, leaving physical and emotional scars that can last a lifetime. It also places a considerable demand on public services—Home Office research published today estimates the economic and social costs of domestic abuse to society to be £66 billion each year. This consultation response and draft Bill further our ambition to transform the response to domestic abuse and change social attitudes that keep these crimes hidden in plain sight.

On 8 March 2018, the then Home Secretary issued a written ministerial statement (HCWS525) announcing a comprehensive public consultation to address domestic abuse from prevention through to rehabilitation. The consultation ran for 12 weeks and received around 3,200 responses. In addition to questionnaires, we ran a series of national roadshows and themed roundtables with victims and other stakeholders. The Government are grateful to the victims, frontline practitioners and others who took the time to respond to the consultation and supported the events. These responses have helped us to refine and improve our proposals.

To reflect the prevalence and complexity of domestic abuse and the harm it causes, the consultation response is truly a cross-Government effort. It recognises that change needs to occur across all statutory agencies, including in courts, police, schools, social care, housing, welfare and healthcare settings.

For those measures which require legislation to implement, the Government have today published the Domestic Abuse Bill in draft for pre-legislative scrutiny. A joint committee of both Houses will be established as soon as practicable to undertake such scrutiny. Once the joint committee has reported, the Government are committed to introducing the Domestic Abuse Bill as soon as parliamentary time allows.

The draft Bill includes the following measures:

a) Introduce the first ever statutory Government definition of domestic abuse (which will include economic abuse);

b) Establish the office of Domestic Abuse Commissioner and set out the Commissioner’s functions and powers (the competition for the appointment of the Designate Domestic Abuse Commissioner was launched on 4 December 2018);

c) Provide for a new Domestic Abuse Protection Notice and Domestic Abuse Protection Order;

d) Prohibit perpetrators of abuse from cross-examining their victims in person in the family courts and give the court discretion to prevent cross-examination in person where it would diminish the quality of the witness’ evidence or cause the witness significant distress;

e) Create a statutory presumption that complainants of an offence involving behaviour which amounts to domestic abuse are eligible for special measures in the criminal courts;

f) Enable domestic abuse offenders to be subject to polygraph testing as a condition of their licence following their release from custody;

g) Place the guidance supporting the Domestic Violence Disclosure Scheme on a statutory footing;

h) Ensure that where a local authority, for reasons connected with domestic abuse, grants a new secure tenancy to a social tenant who had or has a secure lifetime or assured tenancy (other than an assured shorthold tenancy) this must be a secure lifetime tenancy; and

i) Support ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the “Istanbul Convention”), by extending the extraterritorial jurisdiction of the criminal courts in England and Wales to further violent and sexual offences.

Ahead of the legislation we have already started to implement measures to improve support for victims and their children. We have launched applications for the designate Domestic Abuse Commissioner role; we have announced successful bids to the children affected by domestic abuse fund with nine projects across the country being funded; and 12 projects have been awarded funding to support female offenders who have experienced domestic abuse.

The Government remain resolute in their determination to fundamentally change the response to this insidious crime through delivering the cross-Government commitments set out in today’s Command Paper. It demonstrates a clear focus on prevention and sets out new measures to: raise awareness; better support victims and their children; ensure perpetrators are pursued and prosecuted; and drive consistently high performance in the response to domestic abuse across all local areas, agencies and sectors.

A copy of the Command Paper (CP 15), including the consultation response, the draft Domestic Abuse Bill and explanatory notes, will today be laid before the House and will be available online at www.gov.uk. Copies of the Paper on the economic and social costs of domestic abuse; draft Domestic Abuse Bill impact assessment; delegated powers memorandum; and ECHR memorandum will be placed in the House Library.

[HCWS1255]

European Union (Withdrawal) Act

Sajid Javid Excerpts

Friday 11th January 2019 Commons Chamber

[The Secretary of State for the Home Department (Sajid Javid)]

Next week, this House will be asked to make one of the most momentous parliamentary decisions. We will be asked to support my right hon. Friend the Prime Minister’s Brexit deal. Each and every one of us will have to make a choice—a choice that will determine the future of the United Kingdom. I am clear that the deal on the table is the best option available for ensuring an orderly exit from the European Union and the best option for delivering the Brexit that people voted for in the referendum.

The deal will have a significant impact on the UK’s immigration system, and it will protect EU citizens’ rights. Concern over uncontrolled immigration from the EU was a major factor in the decision to leave the EU. People wanted control over immigration. They wanted future decisions on UK immigration policy to be taken in this country and by this Parliament, and they wanted immigration brought down to sustainable levels, and that is what this deal delivers.

Just before Christmas I published the immigration White Paper, which set out the Government’s plans in more detail. It drew heavily on the advice of the independent Migration Advisory Committee, to which I repeat my thanks for its thorough and comprehensive analysis.

[Several hon. Members rose—]

[Sajid Javid]

I will take a couple of interventions.

[Peter Grant (Glenrothes) (SNP)]

I am grateful to the Home Secretary for giving way and for beginning his remarks by confirming that a major factor in the referendum was immigration. He will be aware that yesterday, when my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) stood almost exactly here and said exactly the same thing, it was hurled down by protest from Conservative Back Benchers, some of whom are still here today. Does he have any indication of why they accept it when it comes from the Secretary of State, but when the same truth is told by the Scottish National party it gets hurled down in protest? Is it that they only like to hear things from themselves and they cannot face accepting the truth from anybody else?

[Sajid Javid]

I was here in the Chamber yesterday at the moment to which the hon. Gentleman refers, and I do not recognise that description at all. What I do recognise is that over a number of years in this House, there have been debates on immigration. One of the issues that hon. Members have reflected from their constituencies is a concern over increasing levels of immigration and a need to take more control, and that is exactly what this deal delivers.

[Ian Murray (Edinburgh South) (Lab)]

I am very grateful to the Home Secretary for giving way so early in his speech. The No.1 priority for most countries, particularly in Asia, when doing a trade deal will be to loosen the UK Government’s immigration policies so that they can get more people working and living in this country. Given that he has confirmed that the Government stand by their policy of cutting net migration to tens of thousands, how does he propose reconciling that number with trade deals with other countries?

[Sajid Javid]

What the hon. Gentleman has highlighted is that, because we are leaving the EU, we can actually contemplate for the first time having our own trade deals with other countries, in Asia or elsewhere in the world. When such trade deals are struck, there are clearly deals to be made on services and on the trade of goods, and each time we strike such deals, we will look carefully at them and do whatever it takes for them to work in the British national interest.

[Several hon. Members rose—]

[Sajid Javid]

I want to make some progress.

[Mike Gapes (Ilford South) (Lab/Co-op)]

rose—

[Sajid Javid]

I will give way to the hon. Gentleman, but then I will make some progress.

[Mike Gapes]

I am grateful to the Secretary of State. Will he take this opportunity to condemn the leaflet put out by Vote Leave during the campaign, saying that 75 million Turks would be coming into our country over the next few years?

[Sajid Javid]

That particular information was completely incorrect. People who were members of Vote Leave at the time have also spoken against that leaflet. We do not want to rerun the debate, but I am happy to say that of course that information was wrong.

I referred to the report and advice from the independent Migration Advisory Committee. The MAC looked in detail at the impact of European migration on the UK’s economy and society and produced recommendations based on its analysis.

The White Paper was also informed by my own discussions with right hon. and hon. Members, as well as with businesses and civil society groups up and down the country. The White Paper outlined our intention to build a new immigration system founded on the principle that entry to the UK should be on the basis of skill rather than of nationality, and that the existing automatic preference for EU citizens will end. Alongside that, I introduced the Immigration Bill. The Bill is a key step to ending free movement once and for all. For the first time in more than 40 years, we will have full control over our borders; the decisions over who comes to the UK will be firmly in our hands. We will ensure that all people coming into this country will need to have permission to do so.

But control over immigration does not mean closing our door or turning our back on immigration, far from it. Our country is far stronger because of immigration: it is stronger economically, culturally and socially. It is stronger in every way because of immigration, and I am determined to continue to have an immigration system that welcomes the very best talent from across the world, helping us to build an open, welcoming and outward looking post-Brexit Britain.

[Nigel Huddleston (Mid Worcestershire) (Con)]

I thank the Home Secretary for giving way. He will be well aware of the immense contribution of citizens from around the world, but particularly those from the EU who make an immense contribution to the local economy in Worcestershire. Does he agree that the deal on the table gives them reassurance and comfort that they have the right to stay and that they are welcome, which is the best way of giving them peace of mind?

[Sajid Javid]

Of course I agree absolutely with my hon. Friend, especially when it comes to Worcestershire, our home county. I will turn to that specific point in a few minutes.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

I listened very closely to what the Secretary of State just said about the benefits of immigration. He will know that there are many pressures on our public services, particularly our national health service, up and down the country. It is already difficult, particularly for GP surgeries, for example, to recruit people from beyond Europe. The concerns of those surgeries are that, post 29 March, they will have to pay an inordinate amount and spend an incredible amount of time processing documents in order to get the doctors we so desperately need because we have a shortage of GPs and many other healthcare professionals. We have a vacancy rate of 10% in our national health service.

[Sajid Javid]

The hon. Lady is absolutely right to talk about the benefits to our public services of immigration, such as doctors and nurses in the health service. That was partly recognised in the change I made last year to remove nurses and doctors from the tier 2 cap. The new immigration system set out in the White Paper, which refers specifically to benefits for the public sector, is perfectly compatible with the needs of the public sector.

The White Paper sets out proposals for a secure and streamlined border. EU visitors will be able to come to the UK without a visa and will continue to be able to use e-gates. In keeping with our position that the EU should not automatically receive preferential treatment, we announced at the end of last year that the use of e-gates would be extended later this year to nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States. That is evidence that the UK is open for business and committed to ensuring the swiftest possible entry for visitors.

In line with the advice of the Migration Advisory Committee, our future immigration system will contain a route for skilled workers. We will expand the definition of skilled workers to encompass those in mid-skilled occupations. The route will be uncapped, and we are removing the resident labour market test for highly skilled workers. The Migration Advisory Committee argued that it burdened businesses with unnecessary bureaucracy and was ineffective. Both those changes will greatly assist businesses and speed up processes.

We will retain the protections that exist for British workers, such as the skills charge. For intermediate-skilled jobs, we will engage with employers and businesses to consider whether a form of the resident labour market test would still be appropriate.

[Matt Western (Warwick and Leamington) (Lab)]

I thank the Secretary of State for giving way; he is being very generous with his time. How does he envisage his approach working with someone like Steve Jobs’s dad, who came from Syria? How would such people come into this country and contribute to the prosperity and wealth of this nation?

[Sajid Javid]

If the hon. Gentleman bears with me, I think he will see as I progress with my remarks what routes of entry we have for those who bring talent and skills to our country.

The Migration Advisory Committee has recommended that the salary threshold for the skilled worker route be £30,000. There has, of course, been a lively debate on that point already. We will run a 12-month process of engagement with business, employers, universities and others. Only at the conclusion of that work will we determine the level at which the threshold should be set. In any case, we will retain the shortage occupation list, which allows for a lower threshold in jobs such as nursing where there are shortages.

There will also be a new route for workers at any skill level, but it will be for only a temporary period. That will allow businesses to have the staff they need as we move to the new immigration system. It also gives them a clear incentive to invest more in training young British people now. Access to low-skilled labour from abroad should never be a substitute for investment in the skills of British people. Our new system will ensure that it is not.

Members have pointed out that agriculture has a particular reliance on migrant labour. I have listened carefully to those concerns and we will pilot a seasonal agricultural workers scheme in the spring. That announcement has already been well received.

[Layla Moran (Oxford West and Abingdon) (LD)]

What evidence does the Secretary of State have that employers are not already trying to train local talent among young people through apprenticeships and other schemes? For example, people in the construction industry in Oxfordshire tell me that they are desperate to do so, but that they cannot do it with the local population alone. What evidence does he have that employers are not training young people from this country and trying to do both?

[Sajid Javid]

The hon. Lady asks about evidence. At the start of my remarks I referred to the Migration Advisory Committee, an independent body that went out and did a lot of research on the impact of European migration. That is one point of evidence. Its report was published in September, and it sounds like she has not read it. I suggest that she does so, as it contains a lot of evidence on these issues. It is also self-evident that for some employers it is all too easy to reach out and get labour from abroad when they could look at domestic labour and invest in skills. That investment is not happening at the scale we want to see, and the new immigration system will encourage it.

The White Paper sets out that the UK will continue to be open and welcoming to international students. The numbers of international students in our universities are at record levels. I reiterate that there will be no cap on the number of international students we accept. That means that more students will get the opportunity to enjoy the world-class education our universities have to offer. To help our universities compete for the best talent around the world and to help our economy, we are increasing the period for which international students in higher education can remain in the UK at the end of their studies, giving them greater opportunities to find skilled work.

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

On the availability of alternative British workers, what does the Home Secretary say to UKHospitality, which points out that there are not enough unemployed young Londoners to fill the posts if just 15% of the current hotel workforce is not available because of visa restrictions or because of our leaving the European Union? To give an example from rural areas, what does he say to farmers who are desperate for a large low-skilled fruit picking workforce that simply is not available in the local community?

[Sajid Javid]

I say to the hospitality industry and others who have concerns about the end of freedom of movement that it is perfectly possible to have our own independent immigration policy without freedom of movement, as many other countries with successful hospitality sectors do, while catering for the needs of all sectors. That is what this balanced immigration package achieves. We have been speaking to many different industrial sectors, including that sector, and we will continue to listen, but I believe that what we have set out will absolutely meet their needs.

[Jo Stevens (Cardiff Central) (Lab)]

The Secretary of State has just said that there will be no cap on international students, yet the Government include international students in their migration targets. How will he square that circle?

[Sajid Javid]

First, the decision about what is included in immigration statistics and what is not is an independent decision for the Office for National Statistics. I have discussed the issue with it and last year we asked the Migration Advisory Committee to look into it. Its recommendation was to keep the number in the statistics, reflecting the fact that, although most students leave the country, there is an impact on infrastructure and public services. I am very sympathetic to the issue the hon. Lady raises, but I remind her that it is an independent decision for the Office for National Statistics.

[Ian Murray]

Will the Home Secretary give way?

[Sajid Javid]

On this point.

--- Later in debate ---

[Mr Speaker]

We are grateful. I call the Home Secretary.

[Sajid Javid]

By focusing on high-skilled migration and not low-skilled migration, this package is perfectly capable of reducing immigration. Indeed, I believe it will reduce it to much lower, much more sustainable levels.

Another very important aspect of our future immigration system is that it is designed to meet the needs of the entire United Kingdom. Immigration is a reserved matter, but it is important that we take into account the particular circumstances of different parts of the UK. That is why we will continue with our shortage occupation list policy to meet the needs of Scotland, and we will also consider similar measures for Wales. In recognition of Northern Ireland’s position as the only part of the UK that will have a land border with the EU, we are asking the MAC to compile a separate shortage occupation list for Northern Ireland.

I want to take this opportunity to reaffirm the importance of our relationship with the Republic of Ireland. We are long-standing friends, allies and partners, and we will preserve the common travel area, as well as the rights that Irish citizens enjoy. There is an unbreakable bond between the people of the UK and the Republic of Ireland, and that will never change.

Together, these changes will deliver a system that backs employers, giving them access to highly skilled workers, while also ensuring that they can drive up productivity and wages. It will also support the public services we all rely on, giving them access to the skilled workers they need.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

The Home Secretary has said he could never contemplate anything that put Northern Ireland in a different position. Why then does the withdrawal agreement, in the backstop proposals, specifically do that and create a border down the Irish sea? The Government have pledged repeatedly that they would not even contemplate such a thing, but it is now in the agreement—in black and white—in the Ireland-Northern Ireland protocol.

[Sajid Javid]

My right hon. Friend makes an observation about the withdrawal agreement. It does of course include the backstop, but the Government’s intention is to avoid the backstop altogether. Even if there was such a need—if we had not reached a final agreement within the two-year period, which I believe we absolutely can—there is an option for the Government to extend the implementation period, which would avoid the issue that my right hon. Friend has highlighted.

So far, I have outlined some significant changes to our immigration system, which will be implemented in a phased approach from 2021. However, in some other areas there will be continuity rather than change. EU citizens already living here will continue to be able to live their lives here much as they do now. We value their significant contribution to the UK, and whatever happens, as we have said many times before, we want them to stay. We know how important our EU friends are to our economy, our society, our families, our history and also our future.

We have launched a series of trials of the EU settlement scheme, and I am pleased to say that they have all gone well so far. The scheme will be open to all EU citizens living in the UK by 30 March, and it will be run in the event of deal or no deal. The scheme is designed to be short, simple and user-friendly, and we need everyone to participate.

Some right hon. and hon. Members have questioned why we need such a scheme in the first place. One of the reasons is to have a clear picture of who is in the country. I saw at first hand with Windrush the problems of not having a comprehensive registration scheme, and we cannot allow something like that ever to happen again. The decision made many decades ago not to have a suitable registration scheme for Commonwealth citizens in the UK was in hindsight a huge mistake, and I will not repeat it on my watch. There will be a proper, easy-to-use scheme in place for our EU friends so that their rights are protected. We will have to communicate it clearly to ensure the scheme is fully used, but our message to EU citizens throughout is absolutely clear: “Deal or no deal, we want you to stay”.

Although we have made it very clear that, after Brexit, EU citizens will be able to continue their lives much as before, not all EU member states have made a similar commitment to British citizens living in their countries. In fact, a number of countries have given no public assurances about the status of British nationals in the event of no deal. I think that is unacceptable, and I urge them to do so without any further delay.

I have outlined today what this deal means for immigration. For the first time in a generation, we will be able to build an immigration system that is designed in Britain, is made in Britain and serves only our national interest. The deal protects not only EU citizens living in the UK, but UK nationals living in the EU. It also goes much further. It is about protecting our economy and our security, and creating an immigration system over which we have full control.

Yes, the deal is a compromise—no one is claiming that it is perfect—but it is the only deal on offer that provides an orderly exit from the EU. The fact is that the clock is ticking. Now is the time for everyone to get behind this deal. It is in our hands to decide if we want this deal, no deal or, indeed, no Brexit at all. I know which option I prefer, and I urge all right hon. and hon. Members to join me in supporting this deal.

--- Later in debate ---

[Ms Abbott]

I am not asking the House to believe me. I am simply drawing to the attention of the House what former heads of MI6 and defence chiefs have said. It is for the House to weigh up what value it gives to the opinion of those gentlemen.

[Sajid Javid]

Perhaps it would help if I responded to that remark as well. I have a great deal of respect for Lord Guthrie and Sir Richard Dearlove, but on the particular issue in this letter, they are wrong. There is nothing in this deal that changes our relationship with NATO, with our US allies as intelligence partners or with our wider “Five Eyes” partners—nothing at all.

[Ms Abbott]

First, much of that has not been decided; it is part of the future political framework. Furthermore, it is for the House and the public watching this debate to decide what weight they give to the opinions of former heads of MI6 and former defence chiefs. The point I am making is that it seems to me that the Home Secretary has been a little careless in his assurances around security and the safety of the nation, and it is at least debatable whether this deal gives us the assurance we need.