Oral Answers to Questions
Sajid Javid Excerpts(6 years, 1 month ago)
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Mr Virendra Sharma (Ealing, Southall) (Lab)
The Secretary of State for the Home Department (Sajid Javid)
With your permission, Mr Speaker, I would like first to express how shocked and appalled I am at the deadly gun attack that took place this weekend at the synagogue in Pittsburgh. I am sure that the whole House will want to join me in expressing our deepest sympathies for the victims and those injured, as well as their families. The UK stands shoulder to shoulder with our Jewish friends across the world and utterly condemns antisemitism in all its forms.
My thoughts today are also with the friends and families of the victims of the terrible crash at Leicester City football club. I thank the emergency services for their response to this awful tragedy. I know that they did their absolute best.
Turning to Question 1, Government support towards integration is given through English language tuition, but it is available only once asylum seekers are recognised as refugees. This focuses resources on those recognised as being in need of protection.
Sajid Javid
The hon. Gentleman raises an important question. It is right that we support those who are given protection in ways to integrate into British life, and language is important to that. I assure him that we have a good budget in this area; in 2016-17, it was £99 million of the total adult learning budget.
Michael Fabricant (Lichfield) (Con)
Does my right hon. Friend agree that perhaps the success of the Jewish community in this country has been its willingness to integrate, to do in Rome as the Romans do and to learn the language? That is not always the case with other ethnic groups, so it is a question not only of providing sufficient funds but of encouraging them to learn the language and become a part of our community.
Sajid Javid
It is right, of course, that this Government do more to welcome all communities and help them to integrate. That is why the Government published—I published it when I was Communities Secretary—an integration Green Paper, which we will build on. It is also worth commending the work that World Jewish Relief does to help all communities to integrate.
Mr Speaker
In the light of the terrible tragedy in Leicester, it is with particular feeling that I call Mr Keith Vaz.
Keith Vaz (Leicester East) (Lab)
I thank the Home Secretary for the comments that he made following the death of Khun Vichai and four others in the helicopter in Leicester. Khun Vichai was an amazing man—someone who spent so much time in Leicester and did so much for the club—and he was adored by the people of Leicester. He will be greatly missed, and it is kind of the Home Secretary to mention him today.
On the substance of the question from my hon. Friend the Member for Ealing, Southall (Mr Sharma), the issue is not just English language lessons but the right to work, which goes hand in hand with being able to speak English. Will the Home Secretary look again at the rules to make sure that those who are waiting can get their right to work quicker and asylum seekers can be fully integrated in our society?
Sajid Javid
It will be a difficult time for the right hon. Gentleman’s community and he has our full support in dealing with this tragedy.
On the issue of asylum seekers and support, the right to work is also very important. He will know that after 12 months, asylum seekers start getting some rights to work, but we are always looking at what more we can do.
Bob Blackman (Harrow East) (Con)
I associate myself with the remarks by the Home Secretary in relation to the terrible attack in Pittsburgh and the victims of the terrible tragedy in Leicester.
In my schools in Harrow, 161 languages are spoken and it is vital that we integrate young people, but they are getting the education. What more can we do to integrate the adults who come here and need this training, so that they can take their place in our society?
Sajid Javid
My hon. Friend is right to raise that. He may recall that the integration strategy, which was launched earlier this year, talked of almost 700,000 adults in Britain who speak no or very poor English. That has led to more work in this area, especially on using members of the communities concerned as mentors to try to encourage others to take up English language learning.
Alex Burghart (Brentwood and Ongar) (Con)
Danielle Rowley (Midlothian) (Lab)
The Secretary of State for the Home Department (Sajid Javid)
EU citizens make a huge contribution to our economy and society, and we want them to stay. The EU settlement scheme enables them to do so, in line with the draft withdrawal agreement. The scheme provides a simple streamlined process for residents and EU citizens and their family members to obtain their new UK immigration status.
Danielle Rowley
The Roslin Institute in my constituency conducts world-leading scientific research, and it benefits significantly from the expertise of the EU citizens who work there. Given the Government’s plans to level down the rights of EU citizens living here from 30 March onwards and the false categorisation of many scientific researchers as low-skilled, what is the Secretary of State doing to ensure that EU researchers do not find the UK a hostile environment for themselves and their families and choose to go elsewhere?
Sajid Javid
The Government are supporting all those EU citizens who wish to stay in our country. As I said, we actually want them to stay, not just because of the economic benefits they bring but because they are part of our society and part of many of our families. So we want them to stay, and as we have made clear, whether there is a deal or not, they will still be welcome to stay. Our new immigration system will continue to welcome talent from across the world.
Sir Edward Davey (Kingston and Surbiton) (LD)
How does the Home Secretary propose to honour his promises to EU citizens living in the UK and to British citizens in the EU in the event of no deal? Will he now seek to negotiate and ratify a citizens’ rights agreement with the EU that would come into force if there were no wider deal?
Sajid Javid
We have made it clear that if there is no deal—which we do not expect, but we need to plan for all eventualities—all 3.5 million EU citizens in the UK will be allowed to stay and welcome to stay.
Afzal Khan (Manchester, Gorton) (Lab)
Today, I wrote to the Home Secretary about the Home Office illegally requiring DNA data for people’s immigration applications. We have just had the Windrush scandal, and the EU settlement scheme will be the biggest task that the Home Office has ever undertaken. With an additional 3.5 million EU citizens subject to the hostile environment, it will be a question of when, not if, another scandal will break. The Home Secretary has committed to conducting a review of the structure and processes of the Home Office. Will that review be fully independent, and will it roll back the hostile environment?
Sajid Javid
I gently remind the hon. Gentleman that the first Ministers to stand at this Dispatch Box and talk about the hostile environment were Labour Ministers. He should never forget that. Also, almost half the people affected by the Windrush saga were pre-2010. He should reflect on that as well. He is right to say that the EU settlement scheme is large and ambitious, and we are confident that it can be delivered. In our beta testing of the scheme so far, 95% of the people taking part say that it has worked very well for them.
Mr Ranil Jayawardena (North East Hampshire) (Con)
The Secretary of State for the Home Department (Sajid Javid)
The distress that local communities face as a consequence of unauthorised encampments is unacceptable. The Government have recently consulted on what more can be done to ensure that existing enforcement powers are used effectively and on whether additional powers are required.
Mr Jayawardena
Will my right hon. Friend join me in unequivocally damning the disruption and antisocial behaviour caused to innocent residents by illegal Traveller encampments? May I urge him to go further and to give the police more powers to tackle trespass, from which all our constituents deserve the right to be protected?
Sajid Javid
Yes, I join my hon. Friend in that; I fully recognise that unauthorised encampments can cause the settled community significant stress. I have seen that in my own constituency of Bromsgrove, and he has seen it in his. I am not convinced that the existing powers are strong enough, which was why, as Communities Secretary, I launched a consultation, and we will be responding to it shortly.
Kate Green (Stretford and Urmston) (Lab)
Has the Home Secretary read “Policing by consent: Understanding and improving relations between Gypsies, Roma, Irish Travellers and the police”, the report published last week by the Traveller Movement? Will he take note of the concerns in that report that police officers still display signs of unconscious bias and racism towards the Traveller community, and will he meet the all-party parliamentary group for Gypsies, Travellers and Roma to discuss those concerns?
Sajid Javid
I have not yet had the opportunity to read that report, but I will certainly take a look now that the hon. Lady has mentioned it. She reminds the House that the vast majority of the Traveller community are law-abiding citizens, but there are a few, as there are in any community, who break the law through unauthorised encampments, and what people want, including perhaps people in her community, is a balanced approach.
Mr Marcus Jones (Nuneaton) (Con)
My constituents have suffered significantly from illegal Traveller encamp- ments for several years, leading to a significant loss of local amenity and significant cost to council tax payers. I am glad that my right hon. Friend is working with the Secretary of State for Housing, Communities and Local Government on that matter, but enforcement is key, so will he reassure me that whatever powers are put in place are backed up with decent, proper enforcement?
Sajid Javid
It is worth reminding the House that there is a joint consultation across the Government between the Ministry of Housing, Communities and Local Government, the Ministry of Justice and the Home Office and that it will lead to better powers, whatever the results.
Stephen Pound (Ealing North) (Lab)
The fact remains that the system simply is not working. This lawlessness is having a corrosive effect on local communities, and there have been catastrophic consequences for local government finance. Will the Home Secretary please listen to the suggestion that I have made many times before? We should use the number plates of these gleaming, glistening chariots that invade our open spaces and prosecute these malefactors through the identification of their vehicles.
Sajid Javid
I dare not heed Pound, but the hon. Gentleman makes an important point. The consultation’s purpose is to look not just at what is happening at the moment, but at what new powers and sensible policies should follow to deal with this issue.
Alison Thewliss (Glasgow Central) (SNP)
Chris Elmore (Ogmore) (Lab)
The Secretary of State for the Home Department (Sajid Javid)
The Minister for Policing has spoken to all police forces about the demands that they face. We have increased police funding by over £460 million this year, including by providing additional flexibility through the council tax precept.
Chris Elmore
The Home Secretary will be aware that the South Wales police and crime commissioner, Alun Michael, is lobbying the Home Office for additional funding because Cardiff, as a capital city, receives no additional funding despite hosting major sporting and cultural events. Will the Home Secretary support Mr Michael’s bid and deliver new funding for the South Wales police authority area?
Sajid Javid
The Minister for Policing has met the hon. Gentleman’s local force—I believe he actually met the hon. Gentleman to discuss the issue—and we are giving the matter careful consideration.
Vicky Ford (Chelmsford) (Con)
Last week, the police force in Chelmsford, Essex, and its local partners came first in the country for the national Pubwatch scheme, which has reduced violent crime at night by 45%. Will the Home Secretary praise Essex police and continue to help to fund our frontline?
Sajid Javid
Essex police force has my full congratulations on what it has achieved, which shows what can be done to tackle serious violence with creative thinking. Indeed, I may well invite the force to the cross-party serious violence taskforce.
Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
I associate myself with the Home Secretary’s remarks on the tragedy in Leicester and on the horrific events in Pittsburgh. Our thoughts and prayers should be with the family and friends of the slaughtered and with the people of Pittsburgh.
The Home Secretary will be aware that the National Audit Office has clearly set out how the Government have failed to protect police funding. Does he accept that this is a mark of shame and is putting the public at risk? Since 2010, over 21,000 police officers have been cut under the Tory Government’s austerity policy. All our constituents can see the consequences in delays in responding to 999 calls and in rising violent crime. Will we see the Chancellor today offer any additional funding for policing? The fear must be that the Government will not even properly fund the police pension settlement.
Sajid Javid
The right hon. Lady is right to talk about policing and the incredible work that the officers and staff do, but it is worth reminding the House that Labour planned to cut police spending by 5% to 10% had it won the 2015 election. Labour did promise an increase in 2017, but it was not enough, because we increased police funding by more than Labour promised—by £460 million. Labour went on to vote against that increase. Not a single Labour MP voted for an increase in police funding when they had the opportunity, so we will not take any lectures from Labour on policing.
David T. C. Davies (Monmouth) (Con)
Wes Streeting (Ilford North) (Lab)
The Secretary of State for the Home Department (Sajid Javid)
We will be launching a £200 million youth endowment fund to intervene with children at risk of serious violence; we will be consulting on a new duty to support the multi-agency approach to tackling violence; and we will be undertaking a review of drug misuse.
Wes Streeting
The recent murder of a 23-year-old man in my constituency has once again brought violent crime to the forefront of concerns in my community. My constituents understand that whether in Labour-led cities such as London or in Tory shires, cuts to police numbers are having a serious impact, which is leading to increases in violent crime across the country. When will the Home Secretary accept that and put the money back into the police that our communities need?
Sajid Javid
The hon. Gentleman is absolutely right to raise this. He will know that the Government have a cross-government serious violence strategy, but we do need to do more. That was why I recently announced these further steps, especially the new £200 million fund, which will help prevent violence.
Sir David Evennett (Bexleyheath and Crayford) (Con)
Does my right hon. Friend agree that we need to remain committed to steering young and often vulnerable people away from crime? What is the Department doing to strike a balance between prevention and robust law enforcement?
Sajid Javid
My right hon. Friend is right to raise this. We have this new £200 million fund announced earlier this month, and we also have an early intervention youth fund of £22 million.
Louise Haigh (Sheffield, Heeley) (Lab)
The Home Secretary might not want to take any lessons from Labour on policing, but in March Her Majesty’s inspectorate of constabulary warned that
“the lives of vulnerable people could be at risk”
if cuts continue. In May, the Metropolitan Police Commissioner said she was “certain” that the Government’s cuts have contributed to violent crime. In September, the National Audit Office warned that the Home Office
“does not know if the police system is financially sustainable.”
Last week, the Select Committee on Home Affairs declared that the police could become “irrelevant” without serious investment in today’s Budget. Every one of those warnings has been ignored by the Government. Can the Home Secretary tell us why he thinks they are all wrong and he is right?
Sajid Javid
Of course the police need to have the right mix of resources as well as other factors, which is why we have increased police funding this year by more than £460 million. But the hon. Lady also knows this is not all about resources. For example, the changes in drug markets are playing a big role, which is why I hope she would welcome the review that I have recently announced.
Chris Stephens (Glasgow South West) (SNP)
Chris Stephens (Glasgow South West) (SNP)
The Secretary of State for the Home Department (Sajid Javid)
It has been a busy few weeks at the Home Office as we continue in our efforts to deliver for the British people. On Thursday, regulations that allow the medicinal use of cannabis-based products will come into effect, providing relief to those people, particularly children, who have known so much pain. I shall shortly visit the United States to monitor progress on my challenge to tech giants to help us to fight child sexual exploitation. For those who fall short, there will be no place to hide.
Chris Stephens
On Friday, my constituent was supposed to be moved by Serco to new social housing accommodation, following a successful claim. However, that did not happen, and Serco removed beds, heating and £22.50 in cash. Does the Secretary of State believe that Serco is a rogue provider of services that should be removed its contract?
Sajid Javid
I am happy to take a closer look at the case that the hon. Gentleman mentions. He will know that we have consulted the Scottish Government, local government and others on a new approach, and we are confident that that new approach will bring significant improvement.
Gareth Johnson (Dartford) (Con)
Nick Thomas-Symonds (Torfaen) (Lab)
I thank Max Hill QC for his work as the reviewer of counter-terror legislation—a role that he left on 12 October to become the Director of Public Prosecutions. Given that his departure was announced on 24 July, why has no successor been appointed and the post been left vacant with counter-terror legislation going through Parliament? What on earth is the Home Office excuse for this sheer negligence?
Sajid Javid
We are about to start the process for appointing Max Hill’s successor. To suggest that that has held back progress on counter-terrorism would be completely incorrect. The new counter-terrorism strategy was launched just a few months ago and sets out how seriously the Government take the issue.
Theresa Villiers (Chipping Barnet) (Con)
In the light of the horrors of Pittsburgh, will the Government provide assurance—[Interruption.]
Theresa Villiers
Thank you, Mr Speaker.
In the light of the horrors of Pittsburgh, can the Home Secretary provide the reassurance that both the Government and the police will always take very, very seriously the security of the Jewish community and other minorities who may be subjected to hate crimes and violence?
Sajid Javid
I can absolutely provide that reassurance to my right hon. Friend. In fact, this weekend, following that tragedy, I spoke to the head of the Community Security Trust to offer that reassurance. It is an organisation that we are proud to support, but we want to look at new ways of helping the community with its security needs. It is sad, in this day and age, that any community needs security of that type but, for as long as they do, we will always be there. Tonight, I will also be attending a vigil to mark the terrible tragedy at Pittsburgh.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
The perpetrator of the Pittsburgh murders has a history of posting the most vile antisemitism, Islamophobia and threatening comments. Similarly, the man suspected of sending pipe bombs to prominent Democrats threatened the life of a political commentator via a tweet a few months ago, but Twitter said that that did not violate its online guidelines. In the wake of these terrible tragedies, what are the Government doing to address the very serious issue of online hate?
Sajid Javid
The hon. Lady is again right to raise this matter. We have seen the role that social media is playing not just in Britain, but abroad, in feeding hate. That is one reason why the Government recently refreshed our anti-hate strategy and that is exactly one of the things that we will be looking into further.
Mark Pawsey (Rugby) (Con)
This summer, Rugby saw a number of illegal Gypsy and Traveller encampments on new housing sites. Our local councillor, Jill Simpson-Vince, brought together developers and Warwickshire police to put a protocol in place. Can the Secretary of State encourage others to follow Warwickshire’s lead?
Steve Double (St Austell and Newquay) (Con)
Meat and fish processing businesses in my constituency rely heavily on migrant workers. Many of their staff are highly skilled even though their skill is not formally recognised by a qualification. What steps are the Government taking to make sure that these sorts of skills are properly recognised in our future immigration policy?
Sajid Javid
Our food and drink industry is vital to the success of our economy and I know that many Cornish businesses are very successful in this sector. I can reassure my hon. Friend that we will be taking these issues very seriously as we develop our new immigration system.
Mrs Madeleine Moon (Bridgend) (Lab)
Sajid Javid
If the hon. Lady would care to write to me, I will look closely at the case that she has mentioned.
Greg Hands (Chelsea and Fulham) (Con)
Next March will see the 40th anniversary of the brutal assassination of Airey Neave on these premises. Airey Neave’s family, my constituents, are seeking more information about the circumstances of the murder. I have been told that my questions on this have been transferred from the Northern Ireland Office to the Home Office. Will my right hon. Friend the Home Secretary agree to meet me and Airey Neave’s family to discuss how they can get answers on how and why Airey Neave was murdered 40 years ago?
Ruth George (High Peak) (Lab)
Bill Grant (Ayr, Carrick and Cumnock) (Con)
May I seek an assurance from the Minister that any revised immigration policy will reflect the needs of the farming and fishing community in Scotland and indeed the whole UK?
Sajid Javid
I can give my hon. Friend that assurance, and that was one reason why we recently launched a pilot for a seasonal workers agricultural scheme for 2019.
Emma Reynolds (Wolverhampton North East) (Lab)
Chris Philp (Croydon South) (Con)
When we leave the European Union, we will of course have control of all aspects of immigration policy. Does the Home Secretary agree that we can then prioritise higher-skilled immigration as a way of boosting our nation’s productivity?
Sajid Javid
Yes, I agree with my hon. Friend. That is exactly what we will do, and we will set out the approach in the White Paper in a few weeks.
Liz Twist (Blaydon) (Lab)
Sajid Javid
The hon. Lady’s local police force will be getting an extra £5 million this year, and she will also know that later this year we will have the policing settlement—something that I know she will look forward to.
Kirstene Hair (Angus) (Con)
The seasonal agricultural workers pilot scheme was warmly welcomed both by farmers and by agricultural bodies across the United Kingdom. [Interruption.] Will the Minister update farmers in my constituency on when further detail will be released? [Interruption.]
John Spellar (Warley) (Lab)
Sajid Javid
The right hon. Gentleman will know that West Midlands police had an increase of almost £10 million this year. However, it is always worth listening to local forces. I am happy to meet west midlands MPs, as I have done in the past, and to listen more.
Immigration: DNA Tests
Sajid Javid ExcerptsThursday 25th October 2018
(6 years, 1 month ago)
Commons ChamberRead Full debate Fisheries Bill 2017-19 View all Fisheries Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for the Home Department (Sajid Javid)
With permission, Madam Deputy Speaker, I would like to make a statement on the use of DNA evidence in immigration applications.
Many thousands of immigration applications are received every year that involve people applying to come to, or remain in, the UK on the basis of a family relationship with somebody who is already here. If an individual does not have sufficient evidence to show that they are related to someone in the UK, they sometimes choose to take a DNA test to prove the relationship. Officials then consider this evidence as part of their claim. Very often, it will be to the advantage of the applicant because it can establish family relationships beyond doubt where the other available evidence is sometimes insufficient.
The provision of DNA evidence must, however, be entirely voluntary. At the end of June, it was brought to our attention that there were some immigration cases where the provision of DNA evidence had been made a requirement for the issuance of a visa or the granting of leave to remain, and not simply a request. Such demands are unacceptable. I want to take this opportunity to apologise to those affected by this practice. In this context, the law states that the provision of DNA evidence should always be voluntary and never mandatory. My predecessor made that absolutely clear when she brought in changes in 2014.
Once we were made aware of the issue, we immediately commissioned an urgent internal review, which I am publishing today. Copies will be available in the Library. My right hon. Friend the Immigration Minister will also be writing today to the Home Affairs Committee to outline the key points of the review and to provide a copy. The review covered the legal aspects of DNA use, policy and guidance, caseworking practice and correspondence with applicants, as well as oversight arrangements relating to the use of DNA. It outlines a number of areas in which guidance was unclear or wrong. It also outlines areas of operational practice where DNA evidence was improperly required and provides some initial information on the possible scale of the issue. The review makes a number of recommendations about how to address the root causes within the border, immigration and citizenship system that led to this operational practice.
This review is not, however, a conclusion to the work. The numbers and information in the report have been collected at pace and still need to be fully assured and are subject to change. Further work is needed to ascertain the full scope of the issue. Regardless of the number of people affected, one case is still one too many, and I am determined to get to the bottom of how and why in some cases people could be compelled to supply DNA evidence in the first place.
The majority of cases identified so far have been part of Operation Fugal, which, according to the report, started in April 2016 to address patterns of fraud in some specific family and human rights immigration applications. Letters sent as part of that operation incorrectly stated that the applicant must provide DNA evidence and that not providing such information without a reasonable excuse would lead to the application being refused on suitability grounds. It has been reported that 83 applications had been refused at the time the report was written, and seven of those seem to have been refused on suitability grounds due solely to a failure to provide DNA evidence. A further six appear to have been refused on suitability grounds for failure to provide DNA evidence, although that was not the sole reason.
In addition to Operation Fugal, we have identified an improper approach to the use of DNA evidence in two further areas. The first relates to adult dependent relatives of Gurkhas. In January 2015, a scheme was expanded to allow adult dependent children of Gurkhas who were discharged before 1997 to settle in the UK. Published guidance stated that DNA evidence may be required and that applications may be refused if that evidence was not provided without a reasonable excuse within four weeks. That published guidance was wrong and has now been updated. The report suggests that 51 cases were identified where DNA evidence was requested from applicants at their own cost. At the time the report was written, we were aware of four cases from the same family unit whose application was refused solely because they did not provide DNA evidence. Those decisions have now been corrected.
The second case relates to Afghan nationals. In 2013, applications to resettle in the UK from Afghan nationals who were formerly employed by the UK Government began to be accepted. The terms of the scheme included mandatory DNA testing for family groups, paid for by the UK Government. Current investigations suggest that no one making an application under that scheme was refused because they did not take a DNA test. None the less, mandatory testing should not have been part of the scheme, and that requirement has now been removed.
Let me be clear: across our immigration system, no one should have faced a demand to supply DNA evidence, and no one should have been penalised for not providing it. In particular, I extend my apologies to those Gurkhas and Afghans who have been affected. The two schemes I have described were put in place to help the families of those who have served to keep our country safe, and I am sorry that demands were made of them that never should have been made.
I reassure the House that I am taking action to correct the situation. First, I have given clear instructions that officials must not seek DNA evidence on a mandatory basis in any immigration case. Secondly, I have set up a new taskforce so that anyone who feels that their case may have been influenced in any way by an inappropriate demand for DNA testing can get advice and support. Thirdly, we will be looking to reimburse any individual who has suffered financial loss because we required DNA evidence when we should not have done so. Fourthly, we will continue closely to examine whether this approach might have been taken in any other parts of the immigration system. So far we know that three cohorts have been affected, but we must investigate whether there are any more. I will be asking for independent assurance on everything we do as we establish the facts. Finally, I know that the immigration system is operated by many highly committed people, but we must ensure that the structures and processes they use are fit for the modern world and fit for the new immigration system that we will be bringing in after we leave the European Union.
I will review more broadly our structures and processes to ensure that they deliver a system in a way that is fair and humane. I will now consider what form that review will take, but my starting point is that it would be helpful to have independent oversight. The review will also need to build on the lessons learned from the Wendy Williams review, and I will want Wendy to play a full part in this wider exercise.
When I became Home Secretary, I made clear that I would be prepared to take action to put right any wrongs as and when I became aware of them. Today, I promise the House that I will get to the bottom of what has gone on in relation to DNA evidence, and I will build an immigration system that provides control but that is also fair, humane and fully compliant with the law.
Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
I thank the Home Secretary for prior sight of his statement on the improper use of DNA evidence. He will be aware that all our constituents, including those of immigrant descent, want an immigration system that is robust, but they also want it to be fair. The widespread public response to the Windrush scandal tells us how seriously the general public take the question of fairness in our immigration system.
We now know from the Home Secretary’s statement that the mandatory provision of DNA was neither legal nor fair. He stated that under the law, DNA evidence must always be provided on a voluntary basis. Can he therefore clarify that the demand for DNA evidence was, in itself, illegal, and if so, what legal consequences will follow? Members across the House will no doubt be shocked to learn that among the first victims of this abuse were Gurkhas and Afghans—men and women who put their lives at risk to keep this country safe. Ministers must clarify how long this practice has been taking place, and under what internal Home Office regime it was allowed or encouraged and at what level.
The Home Secretary spoke about reviewing the current structure and processes of our immigration system, which I welcome. He will be aware that the Law Society has said that there are serious flaws in the immigration system, and one indicator of those flaws is the state of appeals. In the last year for which we have records, fully 50% of appeals were upheld, which is an indicator of a system that is internally flawed. Waiting times for immigration appeals have risen by 45%. The Home Secretary talks about independent oversight, but what more effective oversight is there than a system of appeals that is speedy and that works?
Finally, I remind the Home Secretary that the visa and immigration service faces what will possibly be the biggest single influx of applications in its history when EU nationals who live in the UK seek to settle their status post Brexit. It is a matter of urgency that we put in place processes and structures that can guarantee a speedy, efficient and fair resolution of cases.
Sajid Javid
I thank the right hon. Lady for her comments. She asks a number of reasonable and sensible questions to which I will reply. She started by saying that the immigration system must be robust—we all agree with that, absolutely—and that it must also be fair. The issue I have brought to the House today is of concern to us all and something that, at least in this regard, is not fair. As I said at the start, this should not have happened, and there should not have been any request in any immigration case, whether family related or not, for mandatory DNA evidence.
The right hon. Lady asked me to make it clear that this is illegal. My understanding is that the Home Office has never had the express power to require anyone to give DNA. It has never had that express power. There have been a number of Acts over time that have referred to this and tried to make it clear. As I mentioned in my statement, my right hon. Friend the Prime Minister was, when she was Home Secretary, the first Home Secretary to put it completely beyond doubt by amending an Act—I think a 2007 Act—and then again in 2014 to make it absolutely clear in law. As I say, the Home Office has never had the power to compel anyone to provide DNA evidence.
The right hon. Lady will know that we want to have a further review to look into this much more deeply and wanted independent assurance of that. She may be interested to know that we are finding practices, in the cases to which I have already referred, that might go back further. For example, in 2009 two pilots were established by the then Government: the familial testing pilot, which used DNA evidence to verify a child’s biological connection with a family during asylum screening; and the human provenance pilot, which used DNA testing and a technique called isotope analysis to attempt to establish whether asylum applicants were from the country of origin that they had claimed. It is therefore important that we have a review that is thorough and goes back as long as it needs to, because, as I say, the Home Office has never had the power to compel people to supply DNA evidence.
The right hon. Lady referred to the broader review of structures and processes. I thank her for welcoming that. She referred to work that has already been done by the Law Society on part of the structures and processes in the immigration system. I have a great regard for the Law Society, which does just this type of work. It is just the kind of organisation we should be listening to.
The right hon. Lady also referred to the appeals process. There have, over recent years, been a number of changes to the appeals process which I think make it fairer, but she is right to raise this issue. This is clearly a very important part of the immigration system, making sure it is fair and that people feel they have had the right to make their case properly and the right to have a person take a second independent look at their case. There is work to be done there.
Finally, the right hon. Lady referred to the EU settlement scheme, which again she is right to refer to. It is a big and ambitious scheme which, over a relatively short period of time, is designed for 3.5 million European citizens. We want them to stay in our country. Whether there is a deal or no deal, we have been very clear that we want them to stay and we want to make that as easy as possible. I do not doubt how ambitious that is. The Home Office has dedicated a significant amount of resources to it and there is significant oversight of the scheme. I can tell her that the reports from the beta testing that has taken place so far, on a limited number of cases in their thousands, have been very encouraging. If I remember correctly, I think most people found that they could register in about 20 minutes through the app system that has been developed. Approximately over 90% of people asked how they found the process said that it was very straightforward and easy to use, but she is right to raise this issue. It is one of those things we all need to get right.
Sir Oliver Heald (North East Hertfordshire) (Con)
I welcome the review and the recognition that the provision of samples should be on a voluntary basis. However, does the Home Secretary agree that firm immigration control is important and that providing this sort of evidence is a way for an applicant to have their application dealt with in a speedy way? It is good evidence and a very useful thing. I do not know whether he would like to clarify that, because it seems to me that, yes, it should not be mandatory, but it is a very good thing and often in the interests of the applicant.
Sajid Javid
My right hon. and learned Friend makes a good point. First and foremost, it is worth stating again that it should never be mandatory to supply DNA evidence. He is right to point out that where individuals feel it can help their case and want to submit DNA evidence voluntarily we should always be open to that. He is also right to say that in many, many cases it helps individuals to make their application and get exactly what they want.
Patrick Grady (Glasgow North) (SNP)
I am grateful to the Home Secretary for advance sight of the statement, although when I saw the title “Immigration” I hoped perhaps he was coming to provide a more detailed answer to my question to the Prime Minister yesterday about the crisis in the visa system. But then the Home Secretary has his fair share of crises to choose from.
The Scottish National party accepts that from time to time DNA can be a fair and useful tool in processing immigration applications, but it is clear now that it has become dangerously and unethically overused by the Home Office, making life unnecessarily difficult for applicants. We have seen: children who already have British passports being asked for DNA when trying to renew them; other kids being asked for a new test, even though it had already been provided; and, the root of today’s statement, people receiving demands for their DNA even though the guidance said that alternative proof was perfectly acceptable. This is another example of the Home Office being out of control and the result of a migration target with which they are still completely obsessed. It is more evidence that the hostile environment lives on.
We welcome the clarity that it is absolutely not and never will be mandatory for DNA testing, and we welcome the apology that has been offered. Will the Home Secretary confirm that it is now policy that acceptance of the relationship by Government for a different purpose, such as child support, will be sufficient for immigration purposes? Is it the case that if the relationship is accepted for one immigration or nationality purpose, it will not subsequently be challenged unless there are exceptional reasons? Is there guidance on how to handle unexpected DNA results? I understand there used to be publicly available guidance about what happened if a DNA test showed that the biological father was not the presumed father. Where is that guidance, and will it be released and updated?
Finally, sometimes DNA can be the only means of proving a relationship in refugee family applications and Dublin III applications. Such tests used to be funded by the Home Office for family reunion, as many refugee families are destitute. Why not return to that position if the Government are genuinely keen to pursue a humane approach? Of course, they could also do that by adopting the private Member’s Bill on family reunion promoted by my hon. Friend the Member for Na h-Eileanan an Iar (Angus Brendan MacNeil).
Sajid Javid
First of all, the hon. Gentleman refers to DNA testing with regard to the immigration system being overused. I would just caution him. As I said in my statement, more work needs to be done to see how widespread what should not have happened, the mandatory use, was. In many cases, it is voluntary. I hope the hon. Gentleman is not suggesting that it should not even be allowed in voluntary cases. [Interruption.] No, he is not. Clearly, where an individual feels it would help their application, I think it is right and proper that the Home Office takes that into account. But let me be clear: where it has been mandatory that it is not acceptable. That should not have happened.
The hon. Gentleman asked about other parts of Government, in particular the Department for Work and Pensions, and, where there is voluntary testing, whether it can be used between Departments. I am happy to take that to my right hon. Friend the Secretary of State for Work and Pensions, and I will make sure that the hon. Gentleman gets a response on that.
The hon. Gentleman talked about the funding of DNA tests and whether there is help with funding. The key point is that if a DNA test is funded by the Government, for whatever circumstances, it should only be in a case where it is voluntary, not mandatory.
Sir Robert Syms (Poole) (Con)
I thank the Home Secretary for rapidly coming to the House and giving us this statement, which sets out a clear plan of action for how to deal with what may arise. The immigration system is highly complex. I look forward to the Government, when they come forward with the immigration Bill, setting out something new, transparent and workable, and which, with sufficient training, will keep our borders safe.
Sajid Javid
I thank my hon. Friend for his comments. He is absolutely right to point out that the immigration system is highly complex. We have seen evidence today of where it can sometimes go wrong. We should not let that take away from the fact that it successfully processes tens of thousands of applications each year, with lots of hardworking people in the Home Office doing a stellar job. When it goes wrong, however, we need to react. He is right to link this with the new immigration system, which we will introduce after we leave the EU. This is a further lesson on how we can simplify it, maintaining control while also making it fairer and more compassionate.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The contents of the Home Secretary’s statement are shocking and may have had a devastating impact on families’ lives. It would be helpful to know whether everyone affected has been contacted. I welcome the Home Secretary’s approach but, given that this comes after the Windrush crisis, he will recognise that it means that things have gone badly wrong in the Home Office. So that we can pursue the matter, will he ensure that the full Alex Allan review is sent to the Select Committee? Will the Secretary of State ensure that the review that he has rightly set up is wide enough to include the impact of Government targets, such as the net migration target, on decisions that may have been made on a casework basis?
Sajid Javid
I thank the right hon. Lady for her comments and for her work as Chair of the Home Affairs Committee, which rightly provides scrutiny of such issues. I hope that we have the opportunity to discuss the matter further at the Committee. As I have said, alongside the report that has already been done on this, we will be writing to the Select Committee today with further information that will be published for the whole House.
The right hon. Lady brought up the Windrush scandal, in which, as we now know, many people were wrongly treated. There is ongoing work in terms of lessons to learn from that. As I mentioned in my statement, the work that is being done independently, especially by Wendy Williams, is an important part of the wider review of structures and processes. In relation to Windrush, the right hon. Lady mentioned the Alex Allan review. The Cabinet Secretary is considering that issue, and we will shortly proceed with what we can and cannot publish on that.
Mr John Hayes (South Holland and The Deepings) (Con)
The Home Secretary spoke with alacrity and clarity about the need to get the system right and, in the words of the shadow Home Secretary, to make sure that it is both fair and robust. To that end, it is important that people who choose to offer DNA should be encouraged to do so, if it speeds up their cases. All of us across this Chamber have dealt with cases in which there have been long delays and people have been left in almost endless limbo. The voluntary provision of DNA might be a helpful tool for dealing with that. I hope that the Home Secretary will look at that in the review that he is about to carry out.
Sajid Javid
My right hon. Friend makes a very important point. It is good to remind the House that my statement was about the wrongful mandatory use of DNA evidence; as he says, DNA evidence can be a very helpful tool when it is completely voluntary. I understand that the Home Office has, in some cases, helped individuals to do that on an absolutely voluntary basis, because the provision of such evidence can help people, especially if they are in particularly distressing or difficult situations or they are otherwise vulnerable. I think it is helpful to point out that when someone chooses to provide DNA evidence, and it is purely their choice, that should be taken into account.
Sir Edward Davey (Kingston and Surbiton) (LD)
I thank the Home Secretary for his statement, and particularly for his tone and apology. Is it not the case, however, that the DNA scandal suggests that the Home Office’s hostile environment policy pushed officials to break the law? Will his structure review consider a root-and-branch reform of this nasty culture and consider giving the processing of immigration and asylum applications to a new unit that is independent from the Home Office—a unit that can ignore political pressures and simply work efficiently, fairly and lawfully?
Sajid Javid
I think the right hon. Gentleman meant to refer to a compliant environment. That is an environment in which we make sure, on behalf of British citizens, that we have a robust immigration policy that is fair to people, but that enables us to be strong on those who set out to abuse our immigration system and enter or settle in our country illegally—for example, in fraudulent cases—not least to be fair to those who use legal routes for migration to or settlement in the UK.
It is worth reminding the right hon. Gentleman that for five years he was part of a Government that worked on compliant environment policies, which began many years before that with previous Governments. He now appears to have a problem with some of those policies, but I do not remember him raising them when I sat alongside him in Cabinet. That said, there absolutely are lessons to learn from this. We must conduct the right review, with independent oversight, and learn those lessons.
Daniel Kawczynski (Shrewsbury and Atcham) (Con)
Unlike the vast majority of my colleagues in this Chamber, I am an immigrant to this country. I am proud to be the first Polish-born British Member of Parliament. When I came here in 1978, if the state had asked me for a DNA sample, I would have had no problems whatsoever with providing that. I disagree fundamentally with the Secretary of State, and I do not understand why he is apologising. Does he have the full support of the Cabinet for his statement? What is the matter with the United Kingdom asking for a DNA sample when somebody comes to this country and seeks to become a British citizen?
Sajid Javid
Let me take my hon. Friend’s question in two parts. First, he pointed out that he is an immigrant. I love immigrants who have settled in our country, and that includes him. On his second point, whether or not he thinks we should mandate the provision of DNA—he is entitled to his own view on that—the law does not allow us to mandate it, and that is why I am apologising
Kate Green (Stretford and Urmston) (Lab)
Can the Home Secretary confirm that, where the Home Office holds DNA evidence that it did not obtain lawfully, and that it should not have obtained, the evidence will be deleted from its records?
Sajid Javid
That is another good question. I wish I could confirm whether the Home Office does or does not hold such evidence and if it does, to what extent, but I do not have answers to all the questions. When I have the answers and they have been independently looked at, I will be very happy to come back to the hon. Lady and give her a proper response.
Victoria Prentis (Banbury) (Con)
Can the Home Secretary confirm that, where there is other proof of parentage—for example, a birth certificate—a DNA test, even if provided on a voluntary basis, will not be requested?
Sajid Javid
I am happy to confirm that for my hon. Friend. It is worth highlighting that applicants who voluntarily provide DNA often do so because they are in conflict zones, because they are from countries where records have been destroyed or have become unreliable, or because they have become refugees and can no longer access their records. In such a case, someone may voluntarily offer DNA, which can provide a quick way of determining the facts and helping that person.
Diana Johnson (Kingston upon Hull North) (Lab)
In his statement, the Home Secretary said that the matter was brought to Ministers’ attention at the end of June. I very much welcome the statement, but I wonder whether Ministers asked questions of officials at any point to reassure themselves that DNA samples and evidence were being used appropriately.
Sajid Javid
As I understand it, the matter was originally brought to Ministers’ attention by a question from the hon. Member for Manchester, Gorton (Afzal Khan), who is on the Opposition Front Bench. I believe he had concerns as a result of a constituency case and he tabled a written question, to which the Minister for Immigration responded, about Government policy. As I have said today, it has never been Government policy to request DNA mandatorily. The question prompted further investigation, and within days of the matter being brought to the Minister’s attention an internal review was launched. We now have the outcome of that first review, but, as I have said, it is not the conclusion of this. We need more answers.
Mr Philip Hollobone (Kettering) (Con)
How many immigration applications are made each year on the basis of a family relationship, and in what proportion is DNA voluntarily supplied? Presumably, the Home Secretary has been given that information. Will he share it with the House?
Sajid Javid
That is a good question. I do not have the information at hand, but I would be very happy to write to my hon. Friend.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
My constituent Maria, who has dual nationality, has been resident—indeed, a teacher—in the UK for 41 years and has been married to a UK national for as long as I have been alive, but she is unable to obtain a UK passport in her married name, by which she has been known in this country for four decades. She has been told that, if she changes back to her name of 40 years ago, she may be able to obtain a passport. Will the Home Secretary look at her case, and exercise some of the common sense that has been lacking thus far?
Sajid Javid
I have listened carefully to what the hon. Gentleman has said about his constituent’s situation. If he sends me further information, I shall be happy to take a look.
Nick Smith (Blaenau Gwent) (Lab)
Former Gurkha soldiers who served in our armed forces deserve the very best treatment. Specifically, what new speedier systems will be established to support those brave families better in the future?
Sajid Javid
It is worth our reminding ourselves that the Gurkhas have been an integral part of our British armed forces for more than 200 years. We owe them—the Gurkhas who are in Britain and the Gurkhas who are not, and their predecessors—immense gratitude for everything that they have done to help our country. That is precisely why a scheme was already in place, before the DNA issue arose, to help Gurkhas to settle in the UK if they chose to do so. We have discovered through the review that was carried out that when the scheme was expanded to allow even more Gurkhas—and the adult dependent children of Gurkhas who were already here—to settle, some were improperly asked to provide DNA, and, indeed, told that they must do so. In the cases of which I am currently aware in which that was done and visas were refused, we have corrected the position and the visas have been issued, but at this point I cannot tell the House that those are the only cases, because there is a further review to be conducted.
Mr Marcus Jones (Nuneaton) (Con)
I welcome my right hon. Friend’s determination to improve the immigration system. The use of DNA evidence is an important tool, but it is clearly not mandatory under the law. Will my right hon. Friend reassure the significant number of Gurkha veterans and their families who reside in my constituency that he will continue to ensure that all outstanding cases, and those not yet identified, are dealt with expeditiously and in a way that is sympathetic to the people involved, and that those who have been affected will be compensated?
Sajid Javid
I am happy to give my hon. Friend some assurances on just that issue. The cases at which we are currently looking, particularly those involving Gurkhas, will be dealt with expeditiously, as he has requested, and there will be no mandatory requirement for DNA evidence. Should people wish to provide it, that is entirely up to them, and of course it will be considered. As I said in my statement, we are looking at ways of reimbursing those who may have had to spend money on DNA tests.
Peter Grant (Glenrothes) (SNP)
The doctrine of ministerial responsibility makes it clear that Ministers are responsible for what goes wrong in their Departments even if they knew nothing about it. I appreciate that the Home Secretary has taken that to heart today, and has come to the House to apologise. There is also a long-standing convention that, when something goes badly wrong in a Department—and surely acting illegally is pretty badly wrong—the only honourable course for the Minister is to resign. Does that doctrine still apply in the Home Office today?
Sajid Javid
I should have thought that the hon. Gentleman would be interested in helping to sort things out when they go wrong. That would be the way in which to try to help his constituents if they were caught in something like this. However, it is appropriate that, as we do further work and carry out a review, we look into the chronology of all this and how far it goes back. I have asked officials to establish the exact chronology of events, and to find out what advice was given to what Ministers and when.
Dr Sarah Wollaston (Totnes) (Con)
Mandatory DNA testing is not only illegal but unethical, and it can put lives at risk. I therefore welcome the statement, but does my right hon. Friend agree that in building a fair and humane system, we must also recognise the importance of the confidentiality of medical records? Will he look at a letter that I received from NHS Digital on 22 October, in my capacity as Chair of the Health and Social Care Committee, expressing concern about revised guidance that followed assurances given in the House about the importance of confidentiality earlier this year?
Sajid Javid
My hon. Friend speaks with experience of these issues, and I strongly agree with her that mandatory DNA testing is not only unlawful but unethical. She raised the issue of confidentiality and mentioned a letter that she was sent as Chair of the Health and Social Care Committee. I should be happy to look at that and to respond to her fully.
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
The Home Secretary has outlined a shocking and illegal breach of trust on the part of Home Office and immigration officials. He will, of course, be aware that the Home Office is the only Department of its kind in Europe that operates an arbitrary and non-limited form of detention. Under that system, 27,000 people were detained last year, 50% of whom were subsequently released. They included one of my constituents, Duc Nguyen, a Vietnamese national who is a victim of human trafficking and human slavery. It is against Home Office protocols to detain such people. Will the Home Secretary undertake to investigate whether coercive DNA-gathering practices have been taking place in detention centres under the Home Office?
Sajid Javid
The hon. Gentleman states that we have an “arbitrary” approach to detention; I strongly rebut that—we do not have such an approach. He should know that when anyone is detained, there must be a reasonable prospect of removal within a reasonable time. In recognising that improvements could nevertheless be made to our detention system, we commissioned the Shaw review, and as the hon. Gentleman may recall, I came to the House not so long ago to respond to the review and accepted many of its recommendations.
Mr Steve Baker (Wycombe) (Con)
Having repeated his commitment to improving the fairness and humanity of the immigration system, will my right hon. Friend pay particular attention to the system of visit visas, which causes so much misery, so often, to thousands of British people just because their families happen to be outside the European Union?
Sajid Javid
My hon. Friend raises an important point. As we define and set up a new immigration system when we leave the EU, we shall have much broader scope and opportunities to improve that situation.
Vicky Ford (Chelmsford) (Con)
Immigration cases are often complex, and I thank the Home Office and its team for the sensitive and timely manner in which they have dealt with a number of cases that have crossed my desk recently. I also thank my right hon. Friend for the wider review of the immigration system. Surely what is most important is that we get the structures right so that fast and clear decisions can be made when necessary.
Sajid Javid
I thank my hon. Friend for her comments. She is absolutely right about the importance of that wider review of the structures and processes. She refers to cases that she has had to bring to the attention of Ministers. Although it seems from what she said that those have been resolved, Members should not feel that they must keep bringing cases to Ministers’ attention. I should like to see a system in which the vast majority of cases are sorted out properly in the first place, and that is the kind of system that I am trying to build.
Henry Smith (Crawley) (Con)
I welcome the comprehensive review of the immigration system that the Home Secretary has announced. In that fair and humane spirit, will he incorporate the provisions of my British Indian Ocean Territory (Citizenship) Bill, which is on the Order Paper for consideration tomorrow, in the provisions of the new nationality legislation? They would give British citizenship to people descended from British subjects who were forcibly removed from the Chagos Islands in the late 1960s.
Sajid Javid
I commend my hon. Friend for spotting this opportunity. He has brought forward a Bill that I know that he has thought long and hard about, and we have discussed it. It might be helpful—if he feels that it would be helpful—for him to have a meeting with the Immigration Minister to discuss the matter further.
Chris Skidmore (Kingswood) (Con)
The Home Secretary has mentioned ensuring that we have fairness in our immigration system. Fairness also means dealing with abuse of the system, particularly through the use of fraudulent documentation. When I was a Minister, I was struck by the increasing complexity of fraudulent cases, particularly those that the Driver and Vehicle Licensing Agency was investigating in Swansea. Will the Home Secretary give an assessment of the extent of fraudulent documentation in the immigration system and tell us what the Home Office is doing to tackle it?
Sajid Javid
My hon. Friend is right to point that out. Everyone wants a fair and compassionate system, but they also want that system to be robust and for the rules to be enforced. If someone tries to take advantage of the system, clearly that must be pursued. I referred in my statement to Operation Fugal, and I understand that one reason why it was begun was that a pattern of fraud was recognised by Home Office officials. When many of those cases were investigated by the police, the Crown Prosecution Service brought charges against individuals. I will not talk about those particular cases, for obvious reasons, but that helps to demonstrate that when people are engaging in wrongdoing, we will pursue that.
Tom Pursglove (Corby) (Con)
I commend my right hon. Friend’s leadership and the robust steps he is taking, but can he confirm whether there are any known outstanding cases? If so, will the processing of them be expedited?
Sajid Javid
There may be some known cases that are outstanding and we are expediting them. Operation Fugal addresses some complex cases involving DNA that might have been mandatorily required and that need further investigation, but we will try to deal with those within days when we can.
Maggie Throup (Erewash) (Con)
My right hon. Friend alluded in his statement to guidance that was unclear or wrong. Can he assure the House that guidance for the new immigration system that will be put in place as we leave the EU will be correct and clear?
Sajid Javid
Yes, I am happy to give that assurance, and it is a perfectly fair question. When a Home Secretary stands at the Dispatch Box and says that there was wrong guidance in the past, one of the lessons that can be learned without needing a review is that we must be much more careful about guidance in the future.
Alan Mak (Havant) (Con)
On my right hon. Friend’s wider review of structures and processes, will he ensure that Border Force, a key Home Office agency, fully considers the potential of new and advanced technologies in making sure that our future border security system is both fair and efficient?
Sajid Javid
I can give my hon. Friend that assurance. Border Force and some of the technology it uses are already way ahead of the situation in many other countries. However, as we develop a new immigration system, Border Force has been looking at what other countries have done that we could learn from. Lessons were learned, for example, from a recent exercise with Australia, and we can look at some things that are being done there.
Alex Chalk (Cheltenham) (Con)
Anyone choosing to drive on Britain’s roads does so with the understanding that from time to time a police officer may stop them and require them to provide a specimen of breath, failing which they could be liable to prosecution. In those circumstances, does my right hon. Friend agree that a system that is optional and scrupulously safeguards the human rights of immigrants is exactly as it should be?
Sajid Javid
I absolutely agree with my hon. Friend. He has again emphasised that providing DNA should be optional, because it can help those individuals, and if they choose to provide it, we should take that seriously, but it should be just that—optional, not mandatory.
Will Quince (Colchester) (Con)
I thank the Home Secretary for his statement and welcome the steps that he is taking to put this situation right. Does he agree that it is essential in cases of this nature that the Government act not only quickly, but with openness and transparency?
Sajid Javid
I agree, and that is why I decided to publish and put in the Library for the whole House to see the internal review that has already been done and was commissioned within days. That is why I will be writing to the Home Affairs Committee today as well, and no doubt there will be future opportunities to keep the House updated, whether by me, the Minister for Immigration or another Minister.
Kevin Foster (Torbay) (Con)
I welcome the Home Secretary’s openness and bluntness in his statement. DNA evidence will clearly be useful in cases when people have come from areas of conflict and other forms of records might no longer be available. How will he look to set out to those who are looking to apply for immigration status in this country how DNA evidence will help them, but is not required to be provided by them?
Sajid Javid
My hon. Friend is right to raise that point. Let me refer again to the scheme to help Afghan nationals. Afghanistan is a good example of a clear conflict zone. Many Afghan nationals, such as interpreters, help British forces, and we owe them a duty of respect and have a responsibility to them. I had already made changes a few months ago to welcome more of them to settle in our country, if they wish, and from a safety point of view we must help in such cases. Under that scheme, they should not have been told that this was mandatory. Once the system is explained, people might believe that providing DNA will help them and then choose to do so. In those cases involving Afghan nationals from that conflict zone, given the work they did for this country, we can even look to pay for that, but the key point is that the process should always be optional for them.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
I welcome the news that my right hon. Friend has set up an urgent review, but given that DNA evidence has been sought from applicants under successive Governments, does he agree that this issue should not be politicised, as happens all too often?
Sajid Javid
I agree, but a decision on whether an issue is politicised cannot be taken by just one side of the House. This is an important point, and it is worth reminding ourselves that after the wrongs done to the Windrush generation were first discovered, a review of historical cases over the summer showed that almost half those cases in which people suffered detriment took place under the previous Labour Government. Since then, there has been a much more co-operative approach across the House. I think that that is what the public want to see, and it is what they would want to see in this case as well.
Matt Warman (Boston and Skegness) (Con)
A compassionate immigration system is, above all, an efficient immigration system, so I welcome the review my right hon. Friend is carrying out. Will he, however, commit that in the new immigration system, which will of course apply to far more people once we have left the European Union, he will make the case for using DNA to speed up applications, because that can be very much in the interests of applicants?
Sajid Javid
That is an important point. I think it is already the situation that where someone chooses to provide DNA evidence, it generally speeds up their case, because DNA is pretty straightforward to analyse and to make a determination about compared with cases involving paperwork that sometimes goes back and forth between the applicant and the Home Office. In cases where people choose to do this, the matter should be dealt with as quickly as possible.
Luke Graham (Ochil and South Perthshire) (Con)
I welcome my right hon. Friend’s announcement that he will review the immigration system. Can he assure the House that concerns raised in cases from across the United Kingdom will be taken into account when forming these new structures to ensure that our new policies and system will provide not only clarity, but consistency across the UK?
Sajid Javid
My hon. Friend is right. As we review our immigration system and consider any changes, it is crucial that they will apply clearly and uniformly in exactly the same way throughout the United Kingdom.
Eddie Hughes (Walsall North) (Con)
It is 34 years since Dr Alec Jeffreys pioneered the use of DNA finger- printing at Leicester University, which we in the UK should be incredibly proud of. Can the Minister assure me that that will continue to be an option for settling immigration cases?
Sajid Javid
I can assure my hon. Friend that when someone makes the choice for themselves to provide biometric details or evidence, such as through DNA fingerprinting, we should absolutely take that into account, not least to help them with their case.
Bill Presented
Fisheries Bill
Presentation and First Reading (Standing Order No. 57)
Mr Secretary Gove, supported by the Prime Minister, the Chancellor of the Duchy of Lancaster, Secretary Dominic Raab, Dr Secretary Fox, Secretary David Mundell, Secretary Alun Cairns and Secretary Karen Bradley, presented a Bill to make provision about policy objectives in relation to fisheries, fishing and aquaculture; to make provision about access to British fisheries; to make provision about the licensing of fishing boats; to make provision about the determination and distribution of fishing opportunities; to make provision enabling schemes to be established for charging for unauthorised catches of sea fish; to make provision about grants in connection with fishing, aquaculture or marine conservation; to make provision about the recovery of costs in respect of the exercise of public functions relating to fish or fishing; to confer powers to make further provision in connection with fisheries, aquaculture or aquatic animals; to make provision about byelaws and orders relating to the exploitation of sea fisheries; and for connected purposes.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 278) with explanatory notes (Bill 278-EN).
Modern Slavery: 2018 Annual Report
Sajid Javid Excerpts(6 years, 1 month ago)
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The Secretary of State for the Home Department (Sajid Javid)
Today, I am publishing the 2018 UK annual report on modern slavery. The report covers the whole of the UK and has been drafted in collaboration with the Northern Ireland Executive, the Scottish Government and the Welsh Government. This report sets out an assessment of the scale of modern slavery in the UK, and outlines the actions that have been taken to combat it over the last year.
A copy of the report will be placed in the Library of the House.
[HCWS1020]
G6 Lyon
Sajid Javid Excerpts(6 years, 1 month ago)
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The Secretary of State for the Home Department (Sajid Javid)
The informal G6 group of Interior Ministers held its most recent meeting in Lyon on 8 and 9 October 2017. Representatives from the USA, Morocco and the European Commission also attended the meeting.
The summit was chaired by the French Prime Minister and Interim Interior Minister, Édouard Philippe. I represented the United Kingdom. The other participating States were represented by Dr Joachim Brudzinski (Minister of the Interior, Poland), Dr Stephan Mayer (State Secretary, Germany), Matteo Salvini (Minister of the Interior, Italy) and Fernando Grande-Marlaska (Minister of the Interior, Spain).
Morocco was represented by Interior Minister Abdelouafi Laftit. The European Commission was represented by Dimitris Avramopoulos (Commissioner for Migration, Home Affairs and Citizenship) and Sir Julian King (Commissioner for the Security Union). The United States was represented by Jeff Sessions (Attorney General USA) and Claire Grady (acting Deputy Secretary, Department of Homeland Security). Gilles de Kerchove, the EU’s counter-terrorism co-ordinator, also attended.
The G6 commenced with a working dinner focused on managing illegal migration flows. During the discussion I promoted the UK’s efforts to tackle people smuggling and human trafficking, and highlighted the UK’s work upstream and our commitment to work with EU partners on this after we leave the EU. I also stressed the importance of recognising that organised crime is a key threat we need to address.
The second plenary session was on combatting the threat of returning foreign terrorist fighters. During this session I referred to the UK’s cross-governmental approach to managing returnees and the need for an end-to-end holistic approach to the issue.
The third session was a working lunch which focused on security co-operation with Sahel countries. During this session I highlighted the UK’s commitment to the region and discussed our support on security and stabilisation. I also encouraged partners to share information to develop shared understanding of local issues and highlighted the problem of the use of kidnap for ransom as a source of terrorist funding.
The final session considered terrorist use of the internet. I highlighted the fact that the UK is leading the way on preventing terrorist use of the internet, encouraged the G6 to support the UK’s strategic approach of engaging directly with content service providers and sought their support for action to combat child sexual exploitation online.
The next G6 will take place in Germany in 2019.
[HCWS1014]
Immigration
Sajid Javid Excerpts(6 years, 2 months ago)
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The Secretary of State for the Home Department (Sajid Javid)
The Government deeply regret what has happened to the Windrush generation and are determined to right the wrongs they have experienced under successive Governments. The Home Office has put in place a series of measures to support those affected, one of which is the design of a compensation scheme to compensate those members of the Windrush generation who have faced difficulties in establishing their status under the immigration system.
On 19 July I published a consultation paper on the design of this compensation scheme for those who have suffered a loss as a result of these difficulties. This consultation was due to be open for a period of 12 weeks, closing today (11 October).
I am keen to ensure that the consultation exercise is thorough and allows sufficient opportunity for everyone who wants to respond, to do so. Martin Forde QC, the independent adviser appointed to oversee the development of the scheme, has written to me asking for the consultation period to be extended. This is based on his engagement with various community groups and the roadshows he has undertaken in recent weeks where people have said they need more time to respond. There are also a range of events over the coming weeks of Black History Month which would provide for a greater input into the consultation phase.
I have therefore agreed to extend the consultation by five weeks to 16 November. As I have said before I want to move quickly but carefully in establishing the scheme and this short extension balances the need to give people more time to respond to the consultation while minimising undue delay to the launch of the scheme.
Following the consultation my priority is to establish a scheme which will pay appropriate compensation as soon as possible. In the meantime, we will continue to offer people direct support to establish their immigration status.
My officials have already put several measures and initiatives in place to help those who are concerned about benefits, housing or employment. We believe that using established avenues of support is the best way of ensuring those in immediate need get the necessary support right now. Additional measures for those in immediate need include a dedicated team for vulnerable people within the Windrush taskforce, which has so far assisted over 450 people where an urgent need for support or advice has been identified; a “Fast-Track” service with the Department for Work and Pensions to confirm status and residence and arrange access to benefits; steps to secure accommodation with local authorities for those identified as homeless; and interim guidance to employers and landlords. We have also reached an agreement with Citizens Advice to provide bespoke professional advice, including debt advice, to anyone experiencing immediate financial problems.
There may be some urgent and exceptional cases where it is right to consider whether individual circumstances warrant a payment to be made before the compensation scheme is in place. I have asked my officials to develop a framework for considering such cases and I will publish that policy in due course.
[HCWS993]
Cannabis-based Products: Medicinal Use
Sajid Javid Excerpts(6 years, 2 months ago)
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The Secretary of State for the Home Department (Sajid Javid)
Today, the Government are laying the Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018 (the 2018 regulations) in the House. These regulations reschedule cannabis-based products for medicinal use and will come into force on 1 November 2018.
On 19 June, I announced a two-part review to look at the scheduling of cannabis-related medicinal products under the Misuse of Drugs Regulations 2001 (the 2001 regulations). I have been clear that my intention was always to ensure that patients have access to the most appropriate course of medical treatment. I stressed the importance of acting swiftly to ensure that where medically appropriate, these products could be available to be prescribed to patients. I have been clear that this should be achieved at the earliest opportunity while ensuring that the appropriate safeguards were in place to minimise the risks of misuse and diversion.
Building on the expert advice we have received, first from the chief medical adviser to the UK Government and then the Advisory Council on the Misuse of Drugs (ACMD), the regulations we have laid today give effect to my commitments. I outline in this statement the main features of our approach.
The 2018 regulations introduce a definition of “cannabis-based product for medicinal use in humans”. Only products meeting this definition will be rescheduled to schedule 2 to the 2001 regulations and de-designated from the 2015 designation order. Any product which does not satisfy this definition will remain a schedule 1 drug and only be available under a Home Office licence.
To constitute a “cannabis-based product for medicinal use in humans”, a product must satisfy three requirements:
It needs to be a preparation or product which contains cannabis, cannabis resin, cannabinol or a cannabinol derivative;
It is produced for medicinal use in humans and;
Is a medicinal product, or a substance or preparation for use as an ingredient of, or in the production of an ingredient of, a medicinal product.
While the evidence base further develops and clinical expertise builds, the Government believe it is important that access to these products is strictly controlled so as to prevent unintended misuse, harm and diversion. The 2001 regulations therefore only allow three access routes for the order, supply and use of these products by patients. These are as follows:
A special medicinal product for use in accordance with a prescription or direction of a doctor (who has made the decision to prescribe) on the specialist register of the General Medical Council;
An investigational medicinal product without marketing authorisation for use in a clinical trial or;
A medicinal product with a marketing authorisation.
This brings these products explicitly into the existing medicines framework. There are well-established mechanisms for the supply of unlicensed medicines to patients with exceptional needs. Unlicensed medicines of this sort are known as “specials”. They can only be manufactured in or imported into the UK by a manufacturer or wholesale dealer that has a licence from the MHRA to do so and are expected to meet standards of good manufacturing practice (GMP).
The decision to prescribe is only restricted to a doctor on the specialist register of the General Medical Council where the cannabis-based product is an unlicensed “special” medicinal product for use by a specific patient. Once a product is licensed by the MHRA, it will be available for prescription in the same way as any other schedule 2 drug.
I have been consistently clear that I have no intention of legalising the recreational use of cannabis. To take account of the particular risk of misuse of cannabis by smoking and the operational impacts on enforcement agencies, the 2018 regulations continue to prohibit smoking of cannabis, including of cannabis-based products for medicinal use in humans.
Until recently, licences for schedule 1 drugs were generally issued for research purposes. As we have seen in recent cases, there may be exceptional circumstances which would require a schedule 1 licence to be issued for medicinal or treatment purposes. In the exceptional event that an individual will need to be issued a schedule 1 licence for treatment, the 2018 regulations will ensure that the Secretary of State can determine that no fee should be paid in that case.
Until the changes come into force on 1 November 2018, the independent expert panel, set up to provide me with clinical advice on individual licence applications, will remain in place to consider any application received before then.
These provisions will apply to England, Wales and Scotland. My officials continue to engage closely with the Department for Health in Northern Ireland, which intends to mirror these legislative amendments.
These regulations are not an end in themselves. The ACMD will be conducting a long-term review of cannabis and the National Institute for Health and Care Excellence (NICE) has been commissioned to provide advice for clinicians by October next year. The Government will monitor the impact of the policy closely as the evidence base develops and review when the ACMD provides its final advice.
Further explanation of the legislative changes is set out in the explanatory memorandum to the regulations.
[HCWS994]
Deportation with Assurances Review
Sajid Javid Excerpts(6 years, 2 months ago)
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The Secretary of State for the Home Department (Sajid Javid)
In November 2013, the then Home Secretary asked David Anderson QC to conduct a review of the framework of the UK’s Deportation with Assurances (DWA) policy, and to make recommendations on how the policy might be strengthened or improved, with particular emphasis on its legal aspects. My predecessor published Mr Anderson’s report and made copies available in the vote office on 20 July 2017.
On announcing Mr Anderson’s report to this House, the then Home Secretary stated that the Government would respond through a Command Paper. I am pleased to be publishing this Command Paper today (Cm 9712). Copies will be available in the Vote Office.
[HCWS984]
Report of the Independent Reviewer of Terrorism Legislation
Sajid Javid Excerpts(6 years, 2 months ago)
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The Secretary of State for the Home Department (Sajid Javid)
Max Hill QC, the Independent Reviewer of Terrorism Legislation, has prepared a report on the operation in 2017 of the Terrorism Act 2000, the Terrorism Act 2006, the Terrorism Prevention and Investigation Measures Act 2011, and The Terrorist Asset-Freezing etc. Act 2010.
In accordance with section 36(5) of the Terrorism Act 2006, I am today laying this report before the House, and copies will be available in the Vote Office. It will also be published at: www.gov.uk.
I am grateful to Mr Hill for his report. I will carefully consider its contents and the recommendations he makes, and will respond formally in due course.
[HCWS985]
Abortion Clinic Protest Review
Sajid Javid Excerpts(6 years, 2 months ago)
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The Secretary of State for the Home Department (Sajid Javid)
As Parliament will be aware, concerns were raised with my predecessor about the tactics of some of the protest activities taking place outside abortion clinics in England and Wales. In response, she ordered an in-depth assessment to understand the scale and nature of the protests and to establish if more needs to be done to protect those requiring an abortion.
Understandably, there has been a significant level of interest in this review. The Home Office published a call for evidence in January this year and received over 2,500 responses. These came from a range of interested parties, including abortion service providers, abortion service clients, those engaging in anti-abortion demonstrations, police forces and local authorities. The review explored the existing laws to protect people from harassment and intimidation. It also considered the experiences of other countries in addressing problems relating to anti-abortion activities outside clinics and hospitals.
The review gathered upsetting examples of harassment and the damaging impact this behaviour has had on individuals. This behaviour can leave patients distressed and has caused some to rebook their appointments and not follow medical advice in order to avoid the protestors. In some of these cases, protest activities can involve handing out model foetuses, displaying graphic images, following people, blocking their paths and even assaulting them. However, what is clear from the evidence we gathered is that these activities are not the norm, and predominantly, anti-abortion activities are more passive in nature. The main activities reported to us that take place during protests include praying, displaying banners and handing out leaflets. There were relatively few reports of the more aggressive activities described above. Nevertheless, I recognise that all anti-abortion activities can have an adverse effect, and I would like to extend my sympathies to those going through this extremely difficult and personal process.
Through the review, we also found that anti-abortion demonstrations take place outside a small number of abortion facilities. In 2017, there were 363 hospitals and clinics in England and Wales that carried out abortions. Through the review, we found that 36 hospitals and clinics have experienced anti-abortion demonstrations.
Having considered the evidence of the review, I have therefore reached the conclusion that introducing national buffer zones would not be a proportionate response, considering the experiences of the majority of hospitals and clinics, and considering that the majority of activities are more passive in nature.
In making my decision, I am also aware that legislation already exists to restrict protest activities that cause harm to others. For example, under the Public Order Act 1986, it is an offence to display images or words that may cause harassment, alarm or distress. This Act also gives the police powers to impose conditions on a static demonstration if they believe it may result in serious public disorder, serious damage to property or serious disruption to the life of the community or if the purpose of the assembly is to intimidate others. There are also offences under the Protection from Harassment Act 1997 when someone pursues a course of conduct which they know will amount to the harassment of another person.
Civil legislation also exists and can be used to restrict harmful protest activities. We have seen evidence that such legislation has been effective. Ealing Council recently introduced a public spaces protection order under the Antisocial Behaviour, Crime and Policing Act 2014 to restrict anti-abortion demonstrations. The Government will publish information on the current legal remedies that are available in tackling intimidation and harassment.
In this country, it is a long-standing tradition that people are free to gather together and to demonstrate their views. This is something to be rightly proud of. However, it is vital that how views are demonstrated is carried out within the law, and never more so than on such an issue that can have such a personal impact on individuals. This Government are absolutely clear that no one should feel harassed or intimidated simply for exercising their legal right to pregnancy advice and abortion services, and I am adamant that where a crime is committed, the police have the powers to act so that people feel protected.
Where protesters are breaking the law, we will do all we can to ensure those people are brought to justice and for support to be provided to victims. I am asking the police to work closely with abortion service providers, offering advice on public safety and security, as well as helping to ensure that all incidents of intimidation and harassment are recorded and appropriate action taken. The police will also continue to actively engage in community discussions in areas facing heightened tensions.
We want to ensure that all those who are affected are properly supported. Police and crime commissioners (PCCs) have a role to play with their responsibility for commissioning victim support services. This year, the Government have allocated £68 million to PCCs to locally commission or provide support services for victims of crime. I am asking PCCs to ensure that services are available and accessible to those affected by crimes that are committed during abortion clinic protests, regardless of whether the crimes have been reported to the police.
We are engaging with the Welsh Government on the outcome of the review.
While the evidence today suggests that national buffer zones would not be a proportionate response, I will keep this important matter under review.
I thank Members across this House for their engagement on this issue.
[HCWS958]
Independent Reviewer of Terrorism Legislation: Reports
Sajid Javid Excerpts(6 years, 2 months ago)
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The Secretary of State for the Home Department (Sajid Javid)
In accordance with section 36 of the Terrorism Act 2006, Max Hill QC, the independent reviewer of terrorism legislation, prepared a report on the operation in 2016 of the Terrorism Act 2000 and part 1 of the Terrorism Act 2006, which was laid before the House on 25 January 2018. He also prepared a report on the use of terrorism legislation following the Westminster Bridge terrorist attack, which was laid before the House on 22 March 2018.
I am grateful to Mr Hill for his reports and have carefully considered the recommendations and observations included in them. I am today laying before the House the Government’s responses to both reports, copies of which will be available in the Vote Office. They will also be published on gov.uk.
[HCWS960]