Oral Answers to Questions
Debate between Baroness May of Maidenhead and Lisa Nandy(6 years, 5 months ago)
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Lisa Nandy (Wigan) (Lab)
The Prime Minister
The hon. Lady refers to documents that she describes as having been leaked from the Department for Transport. No Government respond from the Dispatch Box to leaked documents they have not seen. In advance of the timetable changes for both Northern and Govia in May, a separate independent panel was set up by the DFT to reassure the Department about the nature of those plans.
The Prime Minister
The hon. Lady may shake her head, but that independent panel was set up, and that independent panel advised the Department for Transport.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Lisa Nandy(6 years, 8 months ago)
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The Prime Minister
I say to my right hon. and learned Friend that we are indeed committed. We have given that commitment—we gave it in the December joint report and we have given it in the negotiating stage that was completed last week—to ensure that there is no hard border between Northern Ireland and Ireland, and also to ensure that businesses in Northern Ireland can continue to trade freely with the rest of the United Kingdom and vice versa. We are working to ensure that we have tariff-free trade and trade that is as frictionless as possible. As I am sure he will know, trade between the UK and the EU is not completely frictionless today, but we will ensure that trade is as frictionless as possible in the future. We have put forward proposals and we have started discussing them in detail with the European Commission, and I assure my right hon. and learned Friend that the Home Secretary and others are taking the steps necessary to ensure that we have the arrangements in place for when we come to the end of the implementation period.
Lisa Nandy (Wigan) (Lab)
It has been four weeks since the independent inquiry into child sexual abuse published a damning report about the treatment of British children sent overseas by their Government. They were physically, sexually and emotionally abused, separated from siblings and wrongly told that their families were dead. Successive Governments supressed information, ignored warnings and continued to send children to harm for decades. The report is unequivocal that compensation is owed and that this is now urgent. Many have died and others are dying, but in the last four weeks the Government have failed to issue a response, to set out any timetable for a response or even to agree which Department is responsible for formulating a response. The Prime Minister commissioned this report. Will she now get a grip on her Government, stand by its verdict and ensure that no more have to die waiting for justice?
The Prime Minister
I did indeed commission the work that is being done in looking at the treatment of children and the abuse of children in the past. I think that that was important. I said at the time that I thought that many people would be shocked by some of the results, including, obviously, the issue of former child migrants to which the hon. Lady has referred.
I can confirm that the Department of Health and Social Care is responsible for policy on former child migrants. As the hon. Lady will know, we have funded the Child Migrants Trust since 1990 so that it can expand its work in seeking resolution for former child migrants and their families. It has received more than £7 million, and in the 1990s we provided £1 million for travel to help former child migrants to be reunited with their families. At the time of the Government’s formal national apology to former child migrants in 2010, an £8 million family restoration fund was established.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Lisa Nandy(7 years ago)
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The Prime Minister
My hon. Friend stands up well for his county and constituency on this matter. I am very happy to confirm that we will maintain that commitment in our forthcoming industrial strategy White Paper. We do want to see a fairer distribution of infrastructure spending across the country because we know that infrastructure investment is important to unlocking economic opportunities, economic growth and productivity in our towns, villages and cities. We have backed that with ambitious commitments to increase our spending on infrastructure by 50% over the next four years, but I can assure him that we will be looking at that infrastructure spending across the whole country.
Lisa Nandy (Wigan) (Lab)
The Prime Minister
I will, of course, look back at the questions that the hon. Lady said that she raised with me in this House. I assume that she raised those with me when I was Home Secretary. I am very clear that the Whips Office—I hope that this goes for all Whips Offices across the House—should make it clear to people that, where there are any sexual abuse allegations that could be of a criminal nature, people should go to the police. It is not appropriate for those to be dealt with by Whips Offices; they should go to the police. That continues to be the case.
As I say, I will look at the questions that the hon. Lady raised with me, but I am very clear that we will take action against those where there are allegations that we see and the evidence is there that there has been misconduct. I say to her that I hope that we will all send a message from this House today that we want people in this place to be able to feel confident to bring forward cases, and we need to ensure that those cases are dealt with in a way that people can have confidence on both sides that they will be properly investigated. That means I want to see a good process in this Parliament, so that people do not feel that they have to go through a party political process to have their allegations considered.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Lisa Nandy(8 years ago)
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The Prime Minister
My right hon. Friend raises an important issue. Of course the staffing and provision for the monitoring service are matters for the BBC, but we are clear about the importance of the service. It provides high-quality reporting for the Foreign Office, the Ministry of Defence and other parts of Government, and of course for the BBC itself. As part of the charter renewal process, we are talking to the BBC about a new agreement in relation to the BBC monitoring role that we believe will result in an improved service for Government, not a reduced one.
Lisa Nandy (Wigan) (Lab)
The Prime Minister
I recognise the importance of this issue to the hon. Lady. It is one on which she has campaigned, and she champions the cause of the victims and survivors. Of course, like her, it is the victims and survivors whom we must always keep at the forefront of our minds. That is why it is important that this inquiry is able to continue, and I agree. This point was made this morning by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the new Chairman of the Home Affairs Committee. We owe it to the survivors and victims for the inquiry to continue. I have to say that, having seen the work that Professor Alexis Jay did in the Rotherham inquiry, I have absolute confidence in her ability to undertake this inquiry.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Lisa Nandy(8 years, 1 month ago)
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The Prime Minister
I thank my hon. Friend for raising that issue. I am sure that he is not the only Member of the House who has had that experience, and he is certainly not the only person who has been affected, as Members will know from their constituency mailbags. The Consumer Rights Act 2015 introduced a review of online ticket sales. Professor Mike Waterson’s independent report on online secondary ticketing makes a number of recommendations, including some whereby the industry itself could better protect itself from the problem. The Government will look very carefully at those recommendations to see what can be done to address the issue.
Lisa Nandy (Wigan) (Lab)
The Prime Minister
I recognise that the hon. Lady has taken a particular interest in this issue. I am sure that she will recognise, as I hope other Members do, why it was that I set up the inquiry. For too long, people who had been subjected to child—[Interruption.]
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Lisa Nandy(8 years, 2 months ago)
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Lisa Nandy (Wigan) (Lab)
The Prime Minister
On the process point, it is not for the Prime Minister to insist who attends before a Committee of this House. I understand that Dame Lowell Goddard has been invited to attend the Committee. I think that the hon. Lady and I share, as do many hon. Members across this House, a desire to see the issues of these appalling crimes of child abuse being properly looked into. That is important. Dame Lowell Goddard has set up the inquiry and the truth project. Many aspects of it are already in place and operating, and I am very pleased that Alexis Jay has taken on the role of chairman of the inquiry. She chaired the Rotherham work, and I think that she will do this work extremely well and we will have answers to questions that so many have been asking for so long.
Prime Minister
Debate between Baroness May of Maidenhead and Lisa Nandy(8 years, 2 months ago)
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The Prime Minister
I am happy to join my right hon. Friend in doing that. It is important. I think that everybody across this House will wish those talks well and hope that they will have a successful conclusion.
Lisa Nandy (Wigan) (Lab)
Q14. It has been two years since the Prime Minister set up the child abuse inquiry, which is now on to its fourth chair, and last week the outgoing chair said that it had become inherently unmanageable. Given that the Prime Minister appointed Dame Lowell Goddard to her position, will she insist that she come before this House to explain herself? Surely child abuse survivors deserve an explanation. (906352)
The Prime Minister
On the process point, it is not for the Prime Minister to insist who attends before a Committee of this House. I understand that Dame Lowell Goddard has been invited to attend the Committee. I think that the hon. Lady and I share, as do many hon. Members across this House, a desire to see the issues of these appalling crimes of child abuse being properly looked into. That is important. Dame Lowell Goddard has set up the inquiry and the truth project. Many aspects of it are already in place and operating, and I am very pleased that Alexis Jay has taken on the role of chairman of the inquiry. She chaired the Rotherham work, and I think that she will do this work extremely well and we will have answers to questions that so many have been asking for so long.
Child Sex Abuse (Rotherham)
Debate between Baroness May of Maidenhead and Lisa Nandy(10 years, 2 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mrs May
The whole question of vulnerable witnesses and how they can be supported to ensure that they can give the evidence that is essential to bring prosecutions has already been considered by the Ministry of Justice and the Home Office. The national group chaired by the Minister for Crime Prevention is looking again at the issue.
Lisa Nandy (Wigan) (Lab)
Months ago, I wrote to the Home Secretary asking for the terms of reference of the overarching inquiry and, in particular, to ensure whether it would be capable of shining a spotlight on abuse wherever it had occurred, including in this place. Seven weeks later, I had a response that said that the terms of reference would be published when they were agreed. We have just heard that the protection of vulnerable witnesses has stalled and we know that the inquiry still has no chair. I still have absolutely no idea whether the inquiry will have a remit to consider this House or elsewhere. The Secretary of State says that the perpetrators will be brought to justice, but what will she say to those brave young people in Rotherham, Rochdale, Keighley, Oxfordshire and around the country whose perpetrators have not been brought to justice and who look at this House and see that, decades on, other people still have not got justice for the abuse they suffered?
Mrs May
I recognise that, and that is one reason we are setting up the overarching inquiry to consider the historic allegations, to learn the lessons and to ensure that we can ensure for the future that people are brought to justice. The hon. Lady said that the protection of witnesses has stalled, but it has not. Action has already been taken to support vulnerable witnesses and we are looking to see whether anything more needs to be done. This is an ongoing process, not something that happens once, is all done and that is it. We need constantly to look to see whether there is more we can do to ensure that victims feel able to come forward. I hope that by our shining a spotlight on all this victims will feel better able to come forward and that they will be believed, but we need to ensure that, when they do, they are.
Child Abuse
Debate between Baroness May of Maidenhead and Lisa Nandy(10 years, 4 months ago)
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lisa Nandy (Wigan) (Lab)
Has the Home Secretary given any thought to the new legal powers that may be needed by this child abuse inquiry but may take some time to establish? My understanding is that records kept by the Whips are not subject to freedom of information, but are subject to data protection. If the inquiry panel has no power to hold those data or compel information to be shared, how will it bring justice for survivors?
Mrs May
The inquiry panel that I have set up is not a statutory inquiry panel under the Inquiries Act 2005. What we have made clear, though, is that if there comes a point at which the chairman of the panel believes that its work could better be carried forward as a statutory inquiry panel under the 2005 Act, we will be prepared to change it into such a panel.
Modern Slavery Bill
Debate between Baroness May of Maidenhead and Lisa Nandy(10 years, 4 months ago)
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Mrs May
My hon. Friend must be psychic. I was about to say that the treatment meted out to victims by traffickers and slave drivers is inhumane, degrading and often disturbing, and there can be no better use of the assets seized from a perpetrator than to provide reparation to their victims. Courts currently have the power to order convicted traffickers to pay compensation to their victims and can use money collected under a confiscation order to ensure that such compensation is paid in full. It is therefore unacceptable that in the past 11 years there have been only three such cases in which a criminal convicted of a principal offence of human trafficking has been ordered to pay compensation in that way. The Bill seeks to remedy that by creating a bespoke order for modern slavery offences so that, where a perpetrator has assets available, the court must consider making an order to provide reparation to the victim and give reasons if it does not do so.
Lisa Nandy (Wigan) (Lab)
The Home Secretary will be aware that successful prosecutions of cases involving children are very low. One of the reasons for that is encapsulated in a problem with the Bill, which is the omission of a specific definition of child trafficking. As she will know, children cannot consent to their own exploitation. I draw her attention to clause 39, which states:
“A person is not guilty of an offence if…the person is compelled to do that act.”
Children cannot consent to their own exploitation, and therefore that defence is no use to children. That is why I hope she will join me and many other Members on both sides of the House in supporting the inclusion of a specific definition of children trafficking in the Bill.
Mrs May
We have looked at that issue, which was one of the issues raised in the various discussions, including in the Joint Committee. We have not included a specific child trafficking offence because of the difficulties that that could lead to in a prosecution, such as arguments about whether an individual should be prosecuted for the specific child offence or for the more general offence. That is why we have taken a different approach. [Interruption.] The hon. Lady shakes her head, but she should let me finish my response. That is why we have left it with a general offence, but we make it absolutely clear—this specifically addresses the point that she raises—that the slavery, servitude and forced labour offence can be effectively prosecuted where the victim is vulnerable, for example a child. We are aware of the issues that she raises about whether it could be argued that a child is not able to give consent, and therefore whether they are able not to give consent, but that is explicitly covered in the arrangements in the Bill. There are very good arguments why there would be considerable difficulties in dealing with a specific child offence. Another issue that would be raised is that an individual’s age often cannot be proved. If we did not have a general offence, it would make a prosecution more difficult.
Lisa Nandy
I am grateful to the Home Secretary for giving way, and I do not want to take up other people’s time, but this point is incredibly important. I worked with child trafficking victims for nearly a decade before I came to this place, so I know, and the Home Secretary knows, that children go through a gruelling process. They are often told by their trafficker to say certain things. They say things in interviews because they have been told what to say, or they say what they think the interviewer wants to hear. They often cannot cope with the processes that they are put through, so having a specific child trafficking offence in the Bill would ensure that those children are seen and recognised as what they are, which is children. They are not trafficking victims, immigrants or children who have been moved for the purposes of exploitation; they are children who have been abused. Including such an offence would send a powerful message that we need to get those processes right.
Mrs May
I absolutely appreciate the passion with which the hon. Lady makes that point, and the experience on which she draws in doing so, but we have taken evidence from a number of areas and heard a number of people point out quite forcefully the difficulty of a child-specific offence where age is uncertain. For example, in evidence to the pre-legislative scrutiny Committee, Riel Karmy-Jones, a barrister who deals with trafficking offences, said that
“problems arise over separate offences that pertain specifically to children—for example, when the age of the child is not easily determined and you end up relying on age assessments, which I have done in some of the Nigerian trafficking cases.”
In those circumstances, if we did not know the age of the child, we would end up in court arguing about whether the specific offence was right, rather than being able to rely on the general offence.
Similarly, Detective Inspector Roberts, when asked whether a child-specific offence would help, replied:
“Not as a separate offence. The legislation perfectly encompasses it, but I would share Mr Sumner’s view—
another police officer—
“about the sentencing guidelines certainly around children and it being an aggravated offence… I think wholly different legislation would be unnecessary and complicated.”
We want to ensure that prosecutors and the police can deal with this as sensibly and easily as possible so that we get more prosecutions, but the evidence indicates that trying to introduce a child-specific offence might complicate prosecutions rather than make them easier.
Child Abuse
Debate between Baroness May of Maidenhead and Lisa Nandy(10 years, 4 months ago)
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Mrs May
As I have said, the terms of reference will be published in due course. It is my intention that it should be a wide inquiry. It should therefore be possible for it to look not just at state institutions but at other bodies to see whether they have been protecting children appropriately or not, as the case may be.
Lisa Nandy (Wigan) (Lab)
In the mid-1990s, a senior ex-Whip who had served in the 1970s told the BBC that the Whips Office routinely helped MPs with scandals, including those, in his own words, “involving small boys”, and that they did so to exert control over those individuals and prevent problems for the Government. That is just one powerful example of how personal and political interests can conspire to prevent justice from happening. May we have a full commitment that the inquiry will consider not just the police and social services but what happens at the heart of power, and that if those systems are found to exist today, they will be overturned, whether or not it makes life uncomfortable for political parties, Parliament or the Government?
Mrs May
It is not my intention that political parties be outside the scope of the inquiry. It has to be wide-ranging and it has to look at every area where it is possible that people have been guilty of abuse. We need to learn lessons to ensure that the systems we have in place are able to identify that and deal with it appropriately.
Oral Answers to Questions
Debate between Baroness May of Maidenhead and Lisa Nandy(12 years, 4 months ago)
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Mrs May
I thank my hon. Friend for that question, and he will have heard my hon. Friend the Immigration Minister making exactly that point earlier this afternoon. We think it is absolutely right that we focus on having the brightest and the best coming to the UK, and that we root out the abuse that, sadly, was allowed to occur in the system for too long under the previous Government, so that students are genuinely coming here for an education. That is exactly what we are doing by ensuring that colleges that have abused the system are not able to bring people in.
Lisa Nandy (Wigan) (Lab)
T3. The UK Border Agency recently produced information showing that children from Vietnam, China and Nigeria were significantly less likely to be recognised as trafficking victims by the national referral mechanism. Will the Minister take seriously the concerns raised with his Department by non-governmental organisations that this system is failing to protect those children adequately?
European Convention on Human Rights
Debate between Baroness May of Maidenhead and Lisa Nandy(12 years, 5 months ago)
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Mrs May
I shall speak in more detail about the best interests of the child, so perhaps the hon. Lady will wait and see if I answer her query in the comments that I make.
On the criminality issue first, the test for private life will also be a stringent one. Deportation will be proportionate unless the foreign criminal has been continuously resident in the UK for at least the past 20 years, excluding any period of imprisonment, and they have no social, cultural or family ties with their country of origin. For offenders aged under 25, deportation will be proportionate unless they have spent at least half their life residing continuously in the UK, excluding any period of imprisonment, and they have no ties with their country of origin. In all other cases, other than in exceptional circumstances, deportation of the foreign criminal will be proportionate.
Mrs May
May I make a little more progress? My hon. Friend may choose to try again when I have finished dealing with this issue.
For the most serious foreign criminals—those sentenced to four or more years in prison—deportation will almost always be proportionate. Article 8 rights should prevent deportation of serious foreign criminals only in the most genuinely exceptional circumstances. So I ask the House to agree that the rights of the British public should outweigh the rights of foreign criminals in the way the new immigration rules describe. The choice for a foreign national wishing to avoid deportation is now simple: do not break the law.
I said that I would come on to the best interests of a child. The best interests of a child in the UK must always be a primary consideration. That is what the law requires and the new immigration rules reflect how the best interests of a child should be taken into account in striking a proportionate balance between an applicant’s family life and the public interest, for both criminals and non-criminals. For non-criminals, where a child would have to leave the UK as a consequence of the decision to remove their parent, the question is then whether it is reasonable to expect the child to leave. The best interests of the child will normally be met by remaining with their parents and returning with them to their country of origin, unless the child is a British citizen or has been resident in the UK for at least the past seven years and it would not be reasonable to expect the child to leave the UK.
For criminal parents, there is a broader range of circumstances in which the public interest may outweigh the best interests of a child. For serious foreign criminals, those sentenced to four or more years, the best interests of a child will only outweigh the public interest in deportation of the foreign criminal in exceptional circumstances. For criminals sentenced to between 12 months and less than four years, or those sentenced to less than 12 months but whose offending has caused serious harm or who are persistent offenders and show a particular disregard for the law, deportation will still normally be proportionate.
Lisa Nandy
I am grateful to the Home Secretary for giving way; I know that she wants to make some progress. Can she give an assurance that decision makers will not try to second-guess what is in the best interests of a child? We would not accept that in any other form of decision making relating to children. The individual circumstances of the child must be considered in the decision-making process.
Mrs May
One of the points about what we are doing, to which I tried to allude earlier, is that there is a statutory duty—in section 55 of the Borders, Citizenship and Immigration Act 2009—to safeguard and promote the welfare of children in the UK. We are now bringing the consideration of the best interests of the child formally into the new immigration family rules, which reinforces that point.
I was talking about criminals who have been sentenced to between 12 months and less than four years or who are persistent offenders. Article 8 will prevent a deportation only if they have a genuine and subsisting parental relationship with the British citizen child or a child who has lived in the UK for at least the last seven years, if it would not be reasonable to expect the child to leave the UK with the foreign national criminal and if there is no other family member able to care for the child in the UK. Unless all three conditions are met, it will normally be proportionate to deport the criminal. If the criminal’s child is not a British citizen and has lived in the UK for less than seven years, the criminal can still be deported. If it will be reasonable to expect the child, whatever their nationality, to leave the UK, the criminal can still be deported. If there is another family member who can care for the child in the UK, the criminal can still be deported. These requirements represent a rational and proportionate qualification of article 8 rights in the interests of public safety and security, and I invite the House to endorse them.