Nationality and Borders Bill

Sally-Ann Hart Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Sally-Ann Hart (Hastings and Rye) (Con)]

Should nations prevent anyone from crossing their borders? We are all citizens of the world, so should we all have the right to live and work where we choose? All Governments have a responsibility to their citizens to keep their country safe, and ensure economic and social stability for their citizens. There would be mass immigration without border control, which would put enormous burdens on infrastructure and public services, inevitably leading to economic instability and unemployment. These are the reasons why every single country has its own rules about who may travel, work and reside within its borders. Every country has the right to protect its borders and every country has legal migration routes via visas or work permits.

Every day, thousands of migrants and refugees leave their countries in search of refuge, safety and better lives. Refugees are unique in their plight. They have fled their country and are unable or unwilling to return because of war, violence or fear of violence, or being persecuted because of their race, religion, sexuality, nationality or political opinion. An economic migrant is different from a refugee, being someone who leaves his or her country of origin for education or for financial or economic reasons. Economic migrants choose to move to find a better life—they do not flee war-torn countries or move because of past persecution—and there are legal routes for economic migrants to come here. Refugees and migrants are not the same, even though many people, especially Opposition Members, argue that all migrants should be treated as if they were refugees on the basis that they are all seeking a better, more secure life. The United Kingdom has a proud record of helping those fleeing persecution, oppression or tyranny from around the world, alongside providing around £10 billion a year to support people through our overseas aid. The UK is a global leader in refugee settlement. Between 2016 and 2019, as a country we resettled more refugees from outside Europe than any member state of the EU. In total, across all Government-funded resettlement schemes, the UK has resettled more than 25,000 vulnerable refugees in need of protection over the past six years, with around half being children. More than 29,000 family reunion visas have been issued in the past five years.

I welcome this Bill because it seeks to retain a compassionate approach and combine it with increased firmness, fairness and efficiency. I welcome the ambition to see an asylum system based on need, so as to better protect and support those who require our help the most. I welcome the fact that the Government are strengthening the safe and legal routes for refugees and fixing historical anomalies in British nationality law. I welcome the Government’s commitment to ensuring that resettlement programmes are responsive to emerging international crises and that persecuted minorities are represented. Continuing to resettle refugees directly from regions of conflict and instability fulfils our manifesto commitment to support those fleeing persecution. Our refugee settlement scheme has protected thousands of people in the past few years.

I welcome the improved support for refugees provided for in this Bill to help those vulnerable people build their lives in the UK. The enhanced integration package and immediate indefinite leave to remain in the UK for refugees who are resettled through our safe and legal routes will make it more attractive to use legal means of resettlement than illegal ones and help deter perilous crossings.

It is well known that refugees seeking asylum in the UK are not penalised for entering illegally. I welcome life sentences for people smugglers. By cracking down on illegal immigration, we can prioritise those in genuine need. That will help prevent people making dangerous and unnecessary journeys to the UK. I particularly welcome the commitment to tackle modern slavery and the increased protections for those found to be victims of modern slavery.

For too long, criminal gangs have profited from our broken asylum system at the expense of vulnerable people who need protection and the British public who pay for it. The Nationality and Borders Bill will create a fair, but firm system, delivering on our promise to take full control over our borders.

Police, Crime, Sentencing and Court Bill

Sally-Ann Hart Excerpts

Report stage
Monday 5th July 2021 Commons Chamber

[Sarah Champion (Rotherham) (Lab) [V]]

It is an honour to speak in this debate after having served on the Bill Committee. While I am deeply worried about part 3 of the Bill, which undermines the right to protest, I will spend the short time I have on my amendments, which aim to improve the criminal justice response for victims and those at risk of sexual exploitation and all forms of abuse.

The 2019 national police wellbeing survey identified that 57% of police officers responding reported post-traumatic stress symptoms, which would warrant an evaluation for PTSD. A Police Federation survey of 18,000 members found that attending traumatic or distressing incidents was one of the top 10 reasons why respondents were having psychological difficulties at work. John Apter, chair of the Police Federation, stated in evidence to the Committee:

“The covenant gives us a great opportunity to put in place mandated levels of psychological support and training”.––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 20, Q30.]

My amendment 25 acts on those concerns and would ensure a clear focus within the police covenant on the impact of working with trauma, ensuring that the impact on officers’ wellbeing and morale is mitigated. We owe them that.

Turning to amendment 51, after years of campaigning with Baroness Grey-Thompson and the hon. Member for Chatham and Aylesford (Tracey Crouch) I welcome the measures in the Bill to extend the definition of positions of trust to include faith leaders and sports coaches, which is a vital step in improving safeguarding. However, the Bill still leaves children vulnerable to abuse from other adults in positions of trust, such as driving instructors, private tutors or counsellors. I urge Ministers to adopt my more comprehensive solution, which ensures that children across all activities and settings are protected from adults in positions of trust.

The Bill should do more to address child criminal exploitation. The Children’s Commissioner estimated that at least 27,000 children are at high risk of exploitation by gangs. Despite the scale of child criminal exploitation, there is a lack of shared understanding about what it is and the forms it takes. Questions are not consistently asked when children are identified as being associated with criminal activity. Children are arrested for crimes that they are being forced to commit, while the adults who exploit them are not brought to justice. My new clause 23 would introduce a statutory definition of “child criminal exploitation”. That would enable a shared understanding and a better multi-agency response, and it would support professionals to spot the signs of exploitation earlier and disrupt grooming.

Finally, I turn to new clause 24, which is supported by 41 Members across the House and to which the Minister gave a good hearing. I was astounded when I realised that registered sex offenders are changing their names without notifying the police, despite a legal requirement to do so. Current notification requirements leave the onus on the offender to report a change in their name. The result is that many slip under the radar of the police, with potentially devastating consequences. This serious safeguarding loophole leaves sex offenders free to get a new name, a new driving licence and a passport, and then to secure a new disclosure and barring service check, with which they can go on to gain jobs working with children and vulnerable people. Alarmingly, an FOI request by the Safeguarding Alliance, which I thank for its support on this matter, found that more than 900 registered sex offenders went missing between 2017 and 2020, and that was with only 16 of the 43 forces responding.

We cannot rely on sex offenders to inform the police themselves if they change their names. New clause 24 requires the Government to undertake a review into the problem and to propose solutions within a year of the Bill being passed. I hope that the strength of support for the clause will make the Minister consider working with me to get the changes we seek.

[Sally-Ann Hart (Hastings and Rye) (Con)]

I welcome this Bill, which backs the police to cut crime, building on our record of cutting crime, backing our front-line officers and reforming our justice system to make sure that criminals spend longer in jail. However, I will focus my comments on new clauses 55 and 42.

Having an abortion is a significant, irreversible and life-changing event for a woman, and I know that most women do not make the decision to abort lightly. Women who seek abortions need compassionate advice and support, but probing new clause 55, tabled by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), is at odds with the recognition that abortion is a difficult and heavy decision that requires support and compassion. Removing safeguards and legal provision around abortion devalues women’s experience of abortion and drives the focus away from quality healthcare.

The amendment’s proposal to decriminalise abortion would, in my view and in the view of numerous constituents in Hastings and Rye who have contacted me on the subject, introduce abortion on demand for any reason up to birth. Abortion would be available on demand for any reason. Evidence shows that after a few weeks, unborn babies are sentient beings in the womb. Who gives them a voice? We should ask ourselves what kind of a society we are that we would condone that.

[Dame Diana Johnson]

As I expressed in my short contribution, we need to get the facts straight here. Will the hon. Lady point to where the amendment says that there will be no safeguards around abortion? It talks about decriminalisation, not deregulation.

[Sally-Ann Hart]

The right hon. Lady points out that the amendment talks about decriminalisation, but it does not underline the safeguards. As 800 or so medical professionals said in an open letter to her,

“Your proposal to allow abortion up to birth in this country would be to attack the heart of the medical profession: our core duty to protect life whenever and wherever possible.

The British public prides itself on being a reasonable, humane and tolerant society. Such an extreme and radical abortion law has no place in the UK.”

Seventy per cent. of women favour a reduction in abortion time limits, and we see from recent history that abortion time limits align to the viability of a baby—the point at which a baby can survive inside or outside the womb. We should therefore seek to reduce the time limit, save for exceptions.

New clause 42, introduced by the hon. Member for Ealing Central and Acton (Dr Huq), would impose censorship zones outside abortion clinics. That goes against the long-standing tradition in the UK that people are free to gather together to express their views. It also goes against this Government’s commitment to human rights and freedom of speech in our party manifesto. The right to protest is the cornerstone of our democracy.

Although I personally find it somewhat offensive and lacking in compassion for people to gather outside an abortion clinic, where women should be given space when accessing an abortion, what I find offensive may be different from what other people find offensive. If we ban speech or assembly because of the likelihood of causing offence, we will have to ban far more than demonstrations outside abortion clinics.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Does my hon. Friend agree that many abortion clinics are co-located with general hospitals, which could curtail the rights of trade unionists and health workers to demonstrate outside their own hospital?

[Sally-Ann Hart]

I acknowledge that that is the case. If we cannot have demonstrations, that sets a dangerous precedent, and I urge hon. Members to reject the new clause. Current laws provide wide-ranging powers for authorities to keep public order and protect women and the public from genuine harassment and intimidation. An extensive review undertaken by the Home Office in 2018 concluded that

“legislation already exists to restrict protest activities that cause harm to others.”

Most notably, under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, public space protection orders can be used. The UK’s first buffer zone around an abortion clinic was established in 2018 by Ealing Council, in the constituency of the hon. Member for Ealing Central and Acton, using a public space protection order. It prevents protesters from gathering up to 100 metres from the clinic. Other local authority areas have brought in similar public space protection orders. In summary, I urge Members of the House to reject the new clause.

[Bell Ribeiro-Addy (Streatham) (Lab)]

I rise to speak to the new clauses in my name, and owing to time constraints I will focus my comments mainly on those. I would, however, like to give my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) the chance to intervene further.

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

Sally-Ann Hart Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

Like other hon. Members, I rise to speak to Lords amendments 4 and 5. Lords amendment 5 would ensure that EU citizens received physical proof of settled status if they request it.

The Government have responded to calls for physical proof by saying that digital status

“cannot be lost, stolen, damaged or tampered with.”

What a great argument. Why don’t we move to digital passports next? For EU citizens living in the UK, their settled status certification could soon have similar importance to a passport. Also, the Government’s response is simply not true. Digital data is regularly lost and stolen. It is also not true that digital data cannot be damaged or tampered with. The3million has heard of just that from an EU citizen—the photograph of her digital status has been swapped with another, without her knowledge or consent.

Some 22% of people do not have the essential digital skills for day-to-day life in the UK. Those who struggle with digital skills will not be able to access their status when they need it without further help. It will mean widespread discrimination in a number of areas from finding employment or a place to live to opening a bank account. A survey from the Residential Landlords Association found that 20% of landlords are less likely to consider renting to EU or EEA nationals simply because it is becoming very complicated. Is it any wonder that the lack of physical documentation is causing real anxiety? Digital simply does not work. Lack of physical documentation will have very real consequences for EU citizens living in the UK. Amendment 5 simply ensures that EU citizens have the same quality of life, housing and employment. The callous disregard of this Government for people and their rights because we have left the EU has been sickening, and I simply do not believe that that is what the British people voted for.

I urge Members to protect children and families by supporting amendment 4. I simply cannot understand the cruelty that has driven this Government to decide not to guarantee family reunion. What has become of this once tolerant nation whose rules were based on a humane response to tragedy and hardship? All too often, it is now children who lose their lives in the dangerous attempts to be reunited with a family member. Those children are already traumatised by conflict, loss of family members, destitution and fear for their lives. Families must be together, and the UK should guarantee that. Removing safe and legal routes to the UK is cruel and counterproductive. Again, this is such a shame given that we once had a humane and compassionate response to people in hardship. It simply increases the risk of dangerous journeys and exploitation by criminal gangs and we have already heard much about that this evening.

Research from the UN High Commissioner for Refugees shows that children are especially likely to resort to people smuggling when access to family reunion is delayed or at risk. What is more, our communities are ready to support unaccompanied children, to give them a home and a chance to rebuild their lives. Councils have pledged 1,400 places for unaccompanied child refugees in Europe if only the Government would provide them with a legal route. It is inexplicable that this Government are not prepared to support the efforts of councils and local people whose hearts are simply in the right place. We have a choice about the sort of country that we want to be: do we callously turn our backs on those most in need, or do we uphold the values of compassion and humanity? I have not given up on urging the Government to listen to compassion and humanity. I urge the Government and Members across the House to please do the right thing.

[Sally-Ann Hart (Hastings and Rye) (Con)]

I welcome this Bill, which ends free movement, takes back control of our borders, delivers on people’s priorities and paves the way for a modern, fairer, points-based immigration system that will welcome skilled workers from across the world to contribute to the United Kingdom’s economy, communities and public services.

I want to consider the amendment that proposes that children of EEA and Swiss nationals who are in care or entitled to care leavers’ support are granted automatic indefinite leave to remain under the EU settlement scheme. The Government have legislated through the EU withdrawal agreement Act to protect the residence rights of EEA and Swiss citizens and their family members who are in the UK by the end of the transition period. In addition, the Government fully opened the EU settlement scheme to such citizens and their family members in March last year.

The concern is that if eligible children are not identified and supported into the scheme, they will be at risk of being left here unlawfully through no fault of their own. This amendment would give EEA and Swiss children who are currently in the UK a default safety net to qualify under the EU settlement scheme if it were later found out that the necessary paperwork had not been lodged at the appropriate time by either a social worker or a local authority. No matter the circumstances in which these children find themselves here, they are innocent and, on the face of it, this amendment would be a sensible and humane measure to take. We cannot have another Windrush-type situation where children who have been legally in the UK for most of their lives apply later for a job or for accommodation as adults, only to find that there is no trace of them through no fault of their own.

It is of concern that looked-after children and care leavers who currently call the UK home are at risk of being left undocumented if they do not receive settled status through the EU settlement scheme. The Government have acknowledged that just 40% of identified looked-after children and care leavers have had applications made on their behalf some 18 months since the launch of the EU settlement scheme, which is extremely worrying. However, the Government have confirmed that they have focused on working closely with local authorities to ensure that vulnerable groups get UK immigration status under the scheme. I urge them to continue to support local authorities in those endeavours.

Channel Crossings in Small Boats

Sally-Ann Hart Excerpts

Wednesday 2nd September 2020 Commons Chamber

[Chris Philp]

I do not believe that the Home Office breaches its human rights obligations; we take them extremely seriously. We suffer from a large number of very late legal challenges—often repeated legal challenges, brought sequentially on ever shifting grounds—and we are working as hard as we possibly can to make sure that our laws are properly and fairly applied.

[Sally-Ann Hart (Hastings and Rye) (Con)]

Does my hon. Friend agree that our European friends and partners, not just the French, need to do more to help the UK prevent the crossings by focusing more resources and determination on cracking down on the organised criminal gangs across Europe that are exploiting individuals seeking a better life and forcing them on to boats to make perilous journeys across the channel, needlessly?

[Chris Philp]

I completely agree. I think European Governments have a moral obligation, as much as anything else, to join us in the work we are doing to put these dangerous and ruthless gangs out of business. They are taking the most vulnerable people, exploiting them, abusing them and taking money from them. It is completely unacceptable. We are going to take the action that we need to on our side of the channel, and I hope that other Governments around Europe do exactly the same.

Counter-Terrorism and Sentencing Bill

Sally-Ann Hart Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st July 2020 Commons Chamber

[Stephen Farry (North Down) (Alliance)]

It is a privilege to follow the hon. Member for Rutland and Melton (Alicia Kearns). I recognise her deep experience around these issues.

I primarily want to talk to amendments 1 to 5 in my name and in the names of others. At the outset, let me stress my support for the Bill overall, and for the aims of tackling terrorism and of keeping our people and our communities safe from that threat. All of us from Northern Ireland have been deeply touched by terrorism in a very particular way over the past 50 years, but given the references that have been made to 7/7 and its anniversary that has just passed, I would like to read into the record thoughts about my cousin, Ciaran Cassidy, who was brutally murdered at Russell Square. His remains laid unidentified for six days, which brings home the enormity of the issues with which we are dealing. I accept the need for tougher sentencing and recognise that that brings very significant benefits, but it is important that we acknowledge that there is a much wider picture here, which involves trying to address terrorism at source and to prevent people falling into terrorism and being influenced by others. It is important that we bear that wider context in mind.

My main concerns lie in the application of the Bill to Northern Ireland. I certainly see attractions in the overall uniform approach across the UK in avoiding a two-tier system, and, indeed, Northern Ireland does want equal protection in that respect from the broad principles and framework of this Bill. None the less, we do need to recognise that, when it comes to implementation of those principles, a one-size-fits-all approach does not always work, and that flexibility needs to be considered in certain circumstances.

My main focus is around clause 30 and the retrospective application of the Terrorist Offenders (Restriction of Early Release) Act 2020 to certain terrorist offenders in Northern Ireland, primarily a small number of dissident republicans. I am happy to see a tougher sentencing regime going forward, but I am concerned that the retrospective application will, in practice, bring relatively little benefit and could be counterproductive in a number of ways.

To date, the Government have only really addressed this issue in terms of the argument around interfering with judicial discretion and the potential implications for article 7 of the European convention on human rights. We can beg to differ on that particular issue, and we will see what happens down the line. In particular, I want to stress the concern around the potential propaganda opportunities that could be given to dissident republican terrorists and their fellow travellers.

Some people may seek to twist what the Government are doing into an argument that this somehow shifts the goalposts and creates a context for political imprisonment. We have had a sad history in Northern Ireland, from internment to the hunger strikes and beyond, of terrorists and their allies using the situation in prisons and framed grievances for wider agitation in the community and recruitment purposes.

The terrorist threat in Northern Ireland remains severe. The Police Service of Northern Ireland and the security service are doing an excellent job in tackling that terrorism, but it is, ever, a difficult challenge that they face. There are, sadly, still ongoing incidents and bomb incidents, and people losing their lives. We need to be mindful of that.

The Minister will be aware that the Northern Ireland Human Rights Commission has raised concerns about clause 30. He will also know that my party colleague, the Minister for Justice in Northern Ireland, has raised those concerns and had a number of conversations with him. Indeed, there is a considerable question mark over whether the necessary legislative consent motion will get through the Northern Ireland Executive and Assembly.

It is important that there is ongoing discussion and dialogue beyond the passing of the Bill through the Commons later today, whenever it hits the other place for consideration. Let us not finish that dialogue today. I will press not press my amendments to a vote, but I urge the Government to listen to the very genuine concerns I raise from the Northern Ireland perspective.

[Sally-Ann Hart (Hastings and Rye) (Con)]

It is a pleasure to follow the hon. Member for North Down (Stephen Farry), who spoke with great insight. I want to touch on the purpose of sentencing, which is primarily: to punish the offender; to reduce crime by preventing an offender from committing more crime; to act as a deterrent to others from committing similar offences; to reform and rehabilitate by changing an offender’s behaviour to prevent future crime and reoffending; and to protect the public from an offender and from the risk of more crimes being committed. When it comes to terrorism and terrorist offences, we must shout from the rooftops that, as a united country and as a people, we will not tolerate terrorist criminality even if it is from young adults. This behaviour is morally wrong, and there is no place for it in our society.

We are all incredibly lucky to live in such a free and tolerant country. We have freedoms not always found in other countries, which we too often take for granted. We must get tough, with zero tolerance as a country on people who wish to do us harm and try to disrupt our way of life. Some of these terrorists can have a long-term goal, and we need to be sure that, when they are released, they no longer seek to do us harm. We must face reality that, for some terrorist offenders, the risk to do harm endures, and we cannot be certain whether rehabilitation is simulated or real.

Terrorism comes in many forms to create fear and anxiety, and to stifle debate. Some people forget that terrorism has an impact on our human rights by affecting our enjoyment of the right to life, liberty and physical safety. It impacts on individuals, our communities and our society by undermining our peace and security. It threatens our social and economic development. An individual’s security is a basic human right, and protection of individuals is a fundamental duty of Government. I therefore welcome the Bill and its creation of a new serious terrorism sentence for dangerous offenders whose acts are very likely to have caused or contributed to multiple deaths. The 14-year minimum jail term, with up to 25 years spent on licence, will act as a real deterrent and send a strong message that this country will not tolerate and will not be cowed by the ill will of terrorists.

Oral Answers to Questions

Sally-Ann Hart Excerpts

Monday 8th June 2020 Commons Chamber

[Dr Julian Lewis (New Forest East) (Con)]

What steps her Department is taking to stop migrants crossing the English Channel illegally.

[Sally-Ann Hart (Hastings and Rye) (Con)]

What steps her Department is taking to stop migrants crossing the English Channel illegally.

[Giles Watling (Clacton) (Con)]

What steps her Department is taking to stop migrants crossing the English Channel illegally.

--- Later in debate ---

[Chris Philp]

It is worth emphasising that where boats get into difficulties in French waters—for example, if their engine breaks down—the French will pick them up and take them back to France. We must, as my right hon. Friend says, be mindful of safety of life, but we are reviewing our operational practices in these areas, for the reasons he mentions. Half the attempted crossings are intercepted by the French on the beach. We have so far, since last January, returned 155 people who have crossed and we seek to return many more.

[Sally-Ann Hart]

Migration policy is a core aspect of our national sovereignty. Will my hon. Friend please confirm that the UK will have a fair immigration policy that welcomes people who come to the UK legally, irrespective of nationality or religion, and that we will take back control over illegal immigration?

[Chris Philp]

I entirely agree with the point my hon. Friend makes, and with the similar points made by my hon. Friend the Member for Dover (Mrs Elphicke), on this topic. We have a points-based system coming into force shortly. We granted asylum or protection to 20,000 people last year, one of the highest figures in Europe, and we welcomed 3,000 unaccompanied asylum-seeking children, the highest number of any country in Europe. Our legal migration methods are entirely fair. We should therefore be policing illegal migration routes with complete effectiveness, and the Home Secretary and I are determined to do that.

Covid-19: UK Border Health Measures

Sally-Ann Hart Excerpts

Wednesday 3rd June 2020 Commons Chamber

[Priti Patel]

The hon. Lady clearly disagrees with that. At the same time, we will continue to work with the industry to look at new measures.

[Sally-Ann Hart (Hastings and Rye) (Con)]

In terms of our soft borders, which are our beaches, can my right hon. Friend reassure the residents of Hastings and Rye that the migrants illegally crossing the channel in small boats who are not returned to France are being given health checks for their own safety and wellbeing and for the safety and wellbeing of my constituents?

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

Sally-Ann Hart Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 18th May 2020 Commons Chamber

[Sally-Ann Hart (Hastings and Rye) (Con) [V]]

Importantly for this country, which has always welcomed immigrants, the Bill will enable the alignment of treatment of EU and non-EU citizens as part of our future immigration system. The Bill reflects the concerns of the British people and ends free movement, giving everyone the same opportunity to come to the UK, regardless of where they come from. In line with our manifesto commitments, there will be no automatic route into the UK for foreign workers with few formal qualifications. We can attract the talent and skills from around the world that our economy needs as we emerge from coronavirus. The new, fair immigration system will be flexible and in line with advice from the Migration Advisory Committee, which will keep the occupation shortage list under regular review to ensure that it reflects the needs of our labour market.

Immigration will no longer be used as a replacement for investment in the domestic British workforce. We have an abundance of talent and skills in this country, which must be developed and utilised. Most of us, except for those who support open borders, believe that countries should have an unalienable right to decide who gets to enter their land for work. To seek and strive for such a right does not make us anti-immigrant—quite the opposite. The UK is made up of a rich tapestry of people, and as a country we are the better for it. It is right that people from all over the world are treated fairly and equally, so far as immigration into this country is concerned, under our rule of law. We have a rule of law allowing legal immigration from non-EU countries, but it has far too often been exploited by illegal immigrants and people smugglers and traffickers. It is not right that those who have arrived here illegally are seen by some to have a presumptive right. People who avoid the law are not acting within the law, and are therefore acting illegally.

I welcome the introduction, from the end of the transition period, of a single, consistent and firmer approach to criminality across the immigration system. In my constituency of beautiful Hastings and Rye, we have seen hundreds of migrants land on our shores in small boats from France, most recently at Pett Level at the weekend. They are not refugees, as some insist on calling them. They are migrants, who move for a variety of reasons but who generally make a conscious choice to leave their country to seek a better life elsewhere. They are free to return at any time if things do not work out as they had hoped or if they wish to visit family members and friends left behind.

Refugees are forced to leave their country because they are at risk of, or have experienced, persecution. Their concerns are of safety and human rights, not economic advantage, and as such they seek asylum in the first safe country that they arrive in. Many have experienced trauma or have been tortured, causing them to risk their lives in search of protection. They are not free to return to their homelands unless the situation that forced them to leave improves.

Worryingly, we have seen unaccompanied children arrive who are thought to be victims of trafficking. The people who have been landing on our beaches are coming over from France via unauthorised, illegal crossings, having paid thousands of pounds to a criminal—a people smuggler—to do so. I want to be clear: we must press down hard on those exploiting the vulnerable and using them as part of their human trafficking system. Those making the perilous journey across the English channel are risking their lives by doing so, and we must discourage these journeys. We must ensure that those caught up in human trafficking gangs and smuggling rackets are protected and that those orchestrating the journeys are stopped.

France is a safe country. They are not fleeing persecution. Under EU law—the Dublin regulation—asylum must be sought in the first country people arrive in. Furthermore, many have travelled through a number of safe European countries before arriving in France and then going on to UK. If we do not emphasise the difference between migrants and those seeking asylum or refuge, it promulgates misconceptions about the most vulnerable—the refugees, for whom we need to provide the best possible sanctuary. We need to safeguard and expand refugees’ rights and protect them.

Ultimately, we need to ensure that the British public have trust in our immigration system and remain welcoming of legal immigrants and refugees. That can be achieved with the new, robust, fair and independent migration system controlled by the United Kingdom, making sure that illegal migrants do not have not a presumptive right to stay—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. The hon. Lady has exceeded her five minutes.

Oral Answers to Questions

Sally-Ann Hart Excerpts

Monday 23rd March 2020 Commons Chamber

[Andrew Jones (Harrogate and Knaresborough) (Con)]

18. What steps her Department is taking to dismantle the operations of county lines drugs gangs.

[Sally-Ann Hart (Hastings and Rye) (Con)]

19. What steps her Department is taking to dismantle the operations of county lines drugs gangs.

[The Secretary of State for the Home Department (Priti Patel)]

We will not tolerate the abhorrent gangs that are terrorising our towns and exploiting our children, when it comes to county lines drugs gangs, and we have committed £25 million of targeted investment to boost law enforcement to roll up these drug lines.

--- Later in debate ---

[Priti Patel]

My hon. Friend is absolutely right. This is about protecting children, including vulnerable children, but it is also about safeguarding. Everyone has a duty and a responsibility when it comes to safeguarding children. When schools finally reopen, they will play a very important role in making sure that children are protected, that they get back into education and on a stable footing, and that they will not be susceptible and vulnerable to these types of criminal activities.

[Sally-Ann Hart]

Hastings and Rye has serious issues regarding county lines, with drug dealers deliberately targeting young and other vulnerable people. Sussex police is working hard with local partners to combat drug dealers, but it needs the support of the justice system, imposing strong deterrent sentences to ensure zero tolerance of drug gangs, particularly during the coronavirus crisis. What steps is my right hon. Friend taking to ensure that the Home Office and the Ministry of Justice are working together to pursue a zero-tolerance policy for drug gangs?

[Priti Patel]

My hon. Friend is absolutely right. Through the crime and justice Cabinet Committee that we now have, we look at this from an end-to-end perspective. The Home Office has put in £25 million specifically to target county lines drugs gangs and to roll up county lines. She has highlighted a really important point about the role of the criminal justice system in sentencing and deterrence, and about how we should work together to use intelligence to go after the gang leaders and cut the head off the snake—the people who are fuelling this awful, abhorrent crime.

--- Later in debate ---

[Priti Patel]

We are working with the Department for Transport and across Government on screening, but it is important that the House recognises that where there is proper scientific evidence, we are following it. This will all be under review, and as things change and more evidence comes from the chief medical officer, that is what we will being doing across Government, day in, day out.

[Sally-Ann Hart (Hastings and Rye) (Con)]

T6. In the time of extreme crisis facing this country the vast majority will pull together, and they are doing so in the spirit of community and solidarity. Unfortunately, there are always those who will attempt to exploit or take advantage of vulnerability and weakness. What measures is my right hon. Friend taking to ensure that the British people, our streets and our communities remain as safe as ever?

[Priti Patel]

My hon. Friend raises an essential question about the safety and security of the public and our communities at this time. It is fair to say that we have seen incredible resilience among the British public. In all constituencies, people are behaving in a generous and community-minded way. That helps and it is what we want to see. At the same time, we are seeing organisations and individuals coming together and working with our local police, our local authorities and our local resilience forums, and we will continue to encourage that.

Children and Domestic Abuse

Sally-Ann Hart Excerpts

Tuesday 3rd March 2020 Westminster Hall

[Victoria Atkins]

The hon. Lady knows that there is already provision under the domestic violence concession in some circumstances. I am pleased that she raised migrant women, because, as I hope she knows, alongside our introduction of the Bill the Government published today our further response to the Joint Committee’s recommendations, and in that we set out our response to this particularly difficult situation. She will understand the complexity involved. At the moment, I am afraid, we are still reviewing the consultation responses, but we have said that we will set out our conclusions before Report stage in this House.

One of the key functions of the domestic abuse commissioner will be to encourage good practice in the identification of children affected by domestic abuse as well as the provision of protection and support to people, including children, affected by domestic abuse. Under the terms of the commissioner’s appointment, they are required to have a thematic lead in the heart of their office to represent the interests of children. We are working with the commissioner to address some of the important points raised on community-based services and how those can be provided better across the country.

In terms of helping children above and beyond the law, the statutory guidance and so on, legislation can achieve so much, but much more needs to be done to address the impact on children. That is why in 2018 we launched the £8 million fund for children affected by domestic abuse, which funds projects that support children experiencing domestic abuse at home, focused on early intervention and reducing the impact of domestic abuse on children’s physical and mental wellbeing. Those projects are making a difference. We see those services really helping children and young people across England and Wales, supporting them through innovative practices and therapy.

The hon. Member for Birmingham, Yardley (Jess Phillips) rightly raised the issue of schools. She will know of Operation Encompass, and we are funding the national roll-out of this fantastic project, which gives the police a set of simple procedures to enable them to communicate quickly and effectively with schools in relation to any pupils who may have been exposed to domestic abuse the night preceding the start of the school day. We all know examples of where the project has had a real impact. It will help schools provide timely and effective help to the pupils involved. Whereas children’s social care intervenes only in the most serious cases, Operation Encompass enables every child to receive support, regardless of whether an incident is recorded as a crime. We have also provided £220,000 to develop and pilot a training programme for children and family social workers to improve awareness of coercive control, indicators of domestic abuse, and how best to support families.

Many Members have raised the impact and role of the family courts, not just in today’s debate but in more general discussions. That is a critical part of our addressing this hidden crime. The welfare of the child is the family court’s paramount concern when making any decision about their upbringing, including with whom the child is to live or spend time. The law is clear that the presumption in favour of contact with each parent will apply unless there is evidence to the contrary, such as in cases that may involve domestic abuse. We have revised a practice direction to set out procedure for the courts to follow when dealing with applications for child arrangement orders where domestic abuse is alleged, which makes it clear that the presumption of contact can be explicitly displaced—

[Sally-Ann Hart (Hastings and Rye) (Con)]

Will the Minister give way?

[Victoria Atkins]

I am so sorry; I have about 30 seconds left.

We have an expert panel to gather evidence to better understand how the family courts are responding, because we understand the concerns that hon. Members and survivors have expressed. The panel is working through a body of evidence and we expect its findings and recommendations for next steps to be published this spring.

I thank the hon. Member for Blaydon again for raising the issues in this debate as well as all people not just in this place but outside who are working so hard to support the victims and survivors of domestic abuse, including children. We are committed to getting this Bill right. With their help, we can.