TOEIC: Overseas Students

Seema Malhotra Excerpts

Wednesday 24th July 2019 Commons Chamber

[Caroline Nokes]

It is worth reflecting on the fact that many of those caught up in this attended a very small selection of colleges, which have subsequently been shut down. There were very close links between colleges being found to be operating outside their licences and these accusations of cheating. However, I must reflect on the fact that there were over 30,000 cases where there was absolute evidence that people had cheated. There were also 22,000 cases where there were questionable results. All those people were given the opportunity to resit a test. However, it is important to reflect on what my right hon. Friend the Home Secretary said in his statement yesterday: we are looking at the other issues and particularly at whether we can give people who maintain their innocence another opportunity to challenge the finding of deception. However, the independent expert found that the likelihood of false matches was very small indeed and likely to be less than 1%.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I welcome the Minister’s reference to understandable concerns, and I get the sense that she will want to see this issue concluded as quickly as possible. I have been contacted by at least six constituents who are unable to work and support their families as a result of the alleged cheating in TOEIC. They have lost their visas and been threatened with deportation, and their children’s education has been put at risk. They have not had the chance to prove their innocence. Their lives are on hold, and their families are under great strain. They are living in limbo. How reassured should my constituents feel by the Minister’s statement that they will be able very soon to get the chance to clear their name and, indeed, to get justice for what they have been through?

[Caroline Nokes]

As I have said, those with questionable tests were given the chance to resit the test at the time. We are clearly stating that the route via an article 8 claim to a family life is one that we wish to enable people to pursue, and they should make another claim. Obviously, I cannot stand here and comment on individual cases, but we are giving people the opportunity to make an article 8 claim, and I hope that that provides a mechanism going forward.

European Union (Withdrawal) Act

Seema Malhotra Excerpts

Wednesday 5th December 2018 Commons Chamber

[Bambos Charalambous (Enfield, Southgate) (Lab)]

One of the saddest things to have come out of the Brexit referendum vote on 23 June 2016 has been the rise in racism, and the fear and uncertainty felt by EU citizens living in the UK and also by those from non-EU countries living here. I have heard from my constituents in Enfield, Southgate who are EU nationals, married to UK citizens, working in UK institutions, paying taxes in the UK and making a positive contribution to our society that they are now seriously worried about their future, fearing that their family will be torn apart by the confusion caused by the Government’s position on EU citizens living and working in the UK.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Does my hon. Friend agree that this is also having a huge impact on children? I recently met such children at a primary school, and their parents are unsure about their future, let alone about where their children will be going to school.

[Bambos Charalambous]

My hon. Friend makes an excellent point. That is something I have noticed from speaking to children—I am a governor of two schools—and that factor has also been raised with me.

Although the Government’s proposed settlement scheme may help some of my EU constituents living in Enfield, Southgate, the withdrawal agreement does not guarantee that the rights of EU citizens living in the UK and of UK citizens living in EU countries will be protected. If my previous and current experience of the Home Office is anything to go by, I have no confidence that the Home Office will be able to cope with the 5 million or so settled status applications that it will have to process. The Home Office is struggling even to cope with some of the Windrush claims, so how it will cope with settled status applications is anyone’s guess.

It is a shame that the Government have not produced their immigration White Paper yet. We are being asked to approve this deal blindly, when immigration was one of the reasons why people voted to leave. The truth is that for years the Government have been trying to show that they are tough on immigration. However, rather than have an honest debate about it, they have decided, just to look good, to kowtow to every knee-jerk reaction to every negative news story about immigration.

The latest net migration statistics, out last week, show that the number of EU migrants coming to the UK was 74,000, whereas the number of non-EU migrants was 248,000. It seems that the Government have been unable to control migration since they promised to do so when they came into power in 2010.

We need a sensible debate about migration to this country. This country needs migrants. On 1 January 2018, the UK was ranked 153rd in the world for percentage population growth, with a rate of just 0.52%. Considering that we are all living longer and that population growth in the UK is stagnating, we need migrants to keep the NHS running, work in our care industry, work in the hospitality sector, collect the crops and package the produce from our farms.

We live in a global world where collaboration is part of everyday working life. In May, I visited the Institute of Cancer Research, where I met scientists, researchers and doctors from all over the world who are all working together to help develop a cure for different types of cancer, trying to discover the relationship between lifestyle choices and causes, and looking at genetic cell mutations and how they can be prevented. All this collaboration is done for our benefit, and the idea that barriers would be put up to restrict this good work is just madness.

Collaboration on a global level takes place in virtually every sector, whether it is finance, advertising, creative industries, the nuclear sector or even the creative industries. Many orchestras, artists and performers work with international colleagues, and they need to be able to do so if they are to ensure that we have the very best cultural enrichment and that it is shared across the world.

My parents were immigrants. They came to the UK from Cyprus in the 1960s. They worked hard and made a positive contribution. A significant number of hon. Members who have a claim to immigrant heritage have similar stories to tell. We should celebrate the contribution of immigrants to UK life. It makes us all the richer, as I have outlined above.

I have heard stories of non-UK workers being picked up in vans on street corners to go to work on building sites and being paid a fraction of the minimum wage, thus undercutting what UK workers would be paid. Let us go after those using such sharp employment practices, and make sure that no one can be paid less than the minimum wage, and that people’s employment rights and health and safety at work are protected.

The Prime Minister described the withdrawal agreement as taking back control of our borders. Well, the current immigration figures show that nothing of the sort is happening right now. The Prime Minister also said that the UK’s immigration policy will be based on the skills and talents that someone has to offer. That fails to take account of the EU workers who provide seasonal unskilled labour in the agriculture and hospitality sectors, to name but two. Worse, we have yet to see the draft immigration White Paper. The withdrawal agreement makes us worse off. It is not good for jobs and the economy. I will vote to reject the deal on Tuesday.

TOEIC Visa Cancellations

Seema Malhotra Excerpts

Tuesday 4th September 2018 Westminster Hall

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

rose—

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

rose—

[Wes Streeting]

I give way to my neighbour, my hon. Friend the Member for Ilford South (Mike Gapes).

--- Later in debate ---

[Wes Streeting]

I strongly agree. In fact, when I come to describe the Home Office’s handling of this, we will see that an independent inquiry is necessary.

[Seema Malhotra]

I congratulate my hon. Friend on securing the debate and on his excellent speech. Does he agree that, as well as the incredible social injustice that has happened under this Government’s watch, the reputational impact that families have suffered, which has led to depression and affected whole families, including children, demands an extensive apology and potential compensation? Does he also agree that the huge cost to the taxpayer of enforcement action and otherwise should be investigated?

[Wes Streeting]

I strongly agree and will talk in some detail about those issues. The UK is highly regarded around the world as a country that has respect for the rule of law and an independent judiciary. It also has a Government who are supposed to respect that rule of law, but in too many cases I am afraid we have seen blanket decisions and people deported without an opportunity to defend their innocence. I believe the Government have acted unlawfully and I am afraid that this country’s reputation for respect, access to justice and upholding the rule of law is not warranted in this case.

Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018 Detention Centre (Amendment) Rules 2018

Seema Malhotra Excerpts

Wednesday 6th June 2018 General Committees

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

It is a pleasure to serve under your chairship, Mrs Moon. I am grateful for the opportunity to speak. I will make just a few comments because there have already been a number of contributions. This is an important debate, and I am convinced that the issue is an important priority for the Minister. I have had experience of it as a Member of Parliament; I have been struck by the importance of having a system based on the values we believe in. Our immigration policy must be fair and humane, and we must treat people in that way when they are in the care of the state.

I want to talk about detainees with mental health issues, such as schizophrenia, because I am concerned that the current safeguards, and proposed amendments to them, do not address that issue. People who have been through difficult or distressing circumstances, have experienced war or terrorism, have been tortured or whose families have been tortured, are at risk of developing mental health conditions.

A case I have raised with the Minister previously—I am writing to her about it—will illustrate why I think the issue should be part of a wider discussion. I was made aware of this case, which is still ongoing, a few years ago. A family fled their country and sought asylum in the UK. Over the course of a few years all the family members, bar one, received asylum and went on to become British citizens. Only the youngest member of the family did not: there was no explanation of why somebody who was a child when they fled Afghanistan for their life, after being a victim of torture, would be suddenly left in limbo. He was detained a few years ago. He had already started to suffer from medical conditions such as schizophrenia, and the uncertainty about his status—he was unable to continue studying or live independently—contributed to them significantly.

It was a harrowing situation. When he was in police detention, his family was not sure where he was to start with, and he did not have his medication. His family did not know how long it would be before he was deported and where he would go. He was taken to a detention centre, where he was not given the right dosage of medication. He was expected to administer the medication himself, but was not in a position to do that. During his detention, his condition worsened considerably, not least due to the anxiety about being there, the uncertainty about where he would go next, and the strain and stress on his family caused by the possibility that he would be sent back to Afghanistan, where he did not have any family members, where he would be at risk, given what had happened before, and where he had not lived since he was a child. His medical condition meant that he needed significant intervention not just from his family but from a range of health services.

It was extremely unfortunate that that triggered some very distressing episodes. His condition is still a huge challenge for him and his family. He has never fully recovered from that episode. What struck me on my visit to the detention centre at the time when he was there was that the staff were not adequately informed or trained to deal with such a difficult and sensitive matter.

None of us wants to be in a position as politicians, whether as Ministers or the Opposition, where we preside over a system in which something like this could happen. It is not someone’s fault if they have a mental health condition. I know from friends and family members that when somebody is suddenly diagnosed in their teenage years or early 20s, it can bring the family a sense of loss for the person they knew; they also have to cope, day in, day out, with the uncertainty that the condition brings and the change that can happen in a person, day to day. They can be fine one week and then an episode can trigger some sort of psychosis, and then they are out and need almost 24-hour care.

How do we address those wider issues, as part of our consideration of adults at risk as a result of what they and their families have been through? How do we make sure, humanely, that those issues are not contributed to? How should we consider in more general terms the issue of people without settled status? I would be grateful if the Minister answered those points. I thank the Committee again for the opportunity to speak.

Windrush

Seema Malhotra Excerpts

Wednesday 2nd May 2018 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My right hon. Friend is making an excellent speech. Is she as surprised as I am that, despite the national debate over the last two weeks, when my office called the Home Office MP helpline yesterday to support a Windrush-affected constituent and inquire about the process, we were told that the helpline staff had been given no guidance on citizenship applications? My constituent, who has to prove that he has been here since 1965 with two forms of ID for every year, is in despair.

[Ms Abbott]

It does not seem that we have moved away from the Windrush situation altogether if somebody is being asked for two pieces of documentation for every year they have been here, as that was the problem for the Windrush generation—excessively rigid demands for documentation and no proper guidance.

Gender Pay Gap

Seema Malhotra Excerpts

Wednesday 18th April 2018 Commons Chamber

[Victoria Atkins]

My hon. Friend has hit the nail on the head when it comes to cultural change. I very much hope that women employees and shareholders are looking at the performance of their companies and asking themselves, “Is this how we want this company to behave?” Let us be clear: more than 10,000 businesses have been having a conversation about this issue at board level in a way they simply would not have been a year ago. I am keen that we look at this not just in terms of regulations, but in terms of cultural change and cultural ambition.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I thank my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) for asking this urgent question and for starting us off with her characteristic insight, constructive challenge and no-nonsense approach to the issue.

For employers with a particularly large gender pay gap, would the Minister consider exploring a threshold above which an organisation would be required to publish an action plan for closing or reducing that gender pay gap?

[Victoria Atkins]

We have thought about this carefully. At the moment, we are saying that it is best practice for companies to publish action plans, and a lot of companies are doing so. I want to take businesses with us. I do not want to set the Government’s face against them. We want this change to happen and we know that the public will exists, so although we are advising organisations to publish action plans as best practice, that does leave us with options should companies not choose to follow that guidance.

Windrush Children (Immigration Status)

Seema Malhotra Excerpts

Monday 16th April 2018 Commons Chamber

[Amber Rudd]

I am sorry that my hon. Friend’s constituent is having such a challenging time. I urge her to ask the Immigration Minister to take a look at his particular case.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Following her statement, could the Home Secretary clarify whether her Department is still expecting people to prove their rights while they have no recourse to public funds and no right to work? What is her message to those who may need legal advice, but cannot afford it?

[Amber Rudd]

It is my firm belief that the individuals who will be able to access this group in the Home Office will not need legal advice, because the process will be simple and one in which my team will try to assist. We will be able to use information across Government, so that we can help prove their national insurance number or their school records without calling on them to send in so much detail. It will be a shared responsibility, which I think will make a big difference.

Police Funding

Seema Malhotra Excerpts

Wednesday 28th March 2018 Commons Chamber

[Louise Haigh]

If the hon. Gentleman read Labour’s manifesto, he would see that we committed to funding 10,000 neighbourhood officers by reversing the cuts to capital gains tax. That was laid out in our manifesto and forms part of the motion before the House, which we will have a welcome opportunity to vote on.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My hon. Friend is making an excellent speech. Does she agree that crime has a cost? People and businesses are paying the price for the lack of policing to keep them safe in our communities, and it is high time the Government took that seriously.

[Louise Haigh]

Absolutely. If the Government were in opposition they would be crying bloody murder, because there is not only an economic but a human cost to the enormous rise in crime that we have seen as a result of their cuts in police funding.

Draft Police Powers of Designated Civilian Staff and Volunteers (Excluded Powers and Duties of Constables) Regulations 2018

Seema Malhotra Excerpts

Monday 19th March 2018 General Committees

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

It is a pleasure to serve under your chairship, Dame Cheryl.

I welcome the regulations, which amend section 38 of the Police Reform Act 2002. That section enables civilians employed by police forces, or police volunteers, to be designated as having additional police powers. As we have heard, the regulations insert the power to conduct an intimate search into the list of reserved powers in part 1 of schedule 3B, thus prohibiting chief officers from designating it as a power of staff or volunteers. That is important, as the addition of that power to conduct an intimate search to the list will ensure that the most intrusive powers remain available only to police officers.

Will the Minister explain how the way the power is to be designated will be communicated, so that it is clear? Can he include in his answer the regulations on conducting an intimate search, ensuring that there are appropriate safeguards and keeping appropriate records? The wider principles on supporting designated civilian staff and volunteers can be helpful in particular areas of policing in our communities. That approach provides sustainability and continuity of relationship between police and the community.

For all powers in all circumstances, there must be clear safeguards and clear communication, so that there can be no circumstance where volunteers are put in a difficult, distressing or inappropriate situation, and so that constables are also clear as to their role. It is right that the measure also preserves and makes clear that the office of constable is central to the delivery of policing locally.

Hate Crime

Seema Malhotra Excerpts

Monday 12th March 2018 Commons Chamber

[Victoria Atkins]

Any such issue will be an operational matter for my hon. Friend’s local police force, but I know that she is a good advocate for her local community and I am sure that she will be asking searching questions of the police and the police and crime commissioner to ensure that that alleged offence receives the attention it deserves.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The Government are right to say that this is a hate crime that has no place in our modern society. I want to pay tribute to our communities in Hounslow, which have a track record of working together to build understanding between all our communities. Will the Minister confirm that the police will have the resources they need to work together effectively and fast across the country to track where these horrific letters are coming from, who is disseminating them and who is behind them, and will she ensure that our schools and communities have the resources they need to stop this activity in its tracks and to support those communities that will rightly feel at risk and under threat?

[Victoria Atkins]

The hon. Lady has identified the fact that this has an impact not just on the people who receive these letters in their homes but also on the wider neighbourhood. I again ask anyone who has received any of these sorts of communications to please report them to the police. The Home Office is in constant communication with the police to ensure that they have the resources they need to tackle this.