Oral Answers to Questions

Debate between Baroness May of Maidenhead and Sarah Teather

Monday 17th November 2014 Commons Chamber

[Mrs May]

I agree that we need to be able to intervene earlier, so that we can ensure that predatory behaviour is tackled before children are put at risk. Officials had a further meeting with the NSPCC as recently as last Friday to discuss the matter further. I can assure the hon. Lady and the House that we will complete our consideration of the issue as a matter of urgency, so that we have the opportunity to table an amendment to the Serious Crime Bill should we wish to do so.

[Sarah Teather (Brent Central) (LD)]

T3. As the Minister will know, over the last few months I have been chairing an inquiry in which a cross-party group of Members of Parliament has been investigating immigration detention and the treatment of detainees. We have heard some very disturbing evidence from detainees themselves about the impact on their mental health, and also from representatives of the Royal College of Psychiatry and the British Medical Association. The panel would like an opportunity to discuss the Minister’s written evidence with him in person. May I encourage him to come and give evidence to our inquiry? We should be very happy to work around all manner of difficulties in his diary.

Immigration Bill

Debate between Baroness May of Maidenhead and Sarah Teather

Thursday 30th January 2014 Commons Chamber

[Mrs May]

If citizenship was granted purely because someone used fraud or deception, did not disclose a material fact or used incorrect facts, and if we would not have granted citizenship had we known the full facts, the decision would be to deprive that individual of citizenship. I will not comment on the type of case that the hon. Lady has set out, but the initial question would be whether citizenship would have been granted if the full circumstances had been known at the time of the application. If the full facts had been known, would the decision have been not to grant citizenship? If so, the decision would be to remove citizenship.

[Sarah Teather (Brent Central) (LD)]

Yesterday the House heard many noble speeches about our international obligations and humanitarian protection led by the Home Secretary. I was the first to congratulate her on that. Today, as the clause is drafted, she appears to be asking for a blank cheque to remove people’s rights to have rights. I wonder whether she can see the irony in that and whether our international leadership does not also cover such an important fundamental right?

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[Mrs May]

I am making a few comments about the new clause. I would like to hear my hon. Friend the Member for Esher and Walton speak about it and hear whether he intends to press it to a vote.

I think that where children are involved the new clause weakens the Bill, and as I have said, there are concerns about how the measure would operate and its practical implications. I think it would lead to circumstances in which—potentially for a significant period of time—we would not be able to deport people who otherwise we would be able to deport.

[Sarah Teather]

Given the strong line the Home Secretary has taken on trafficking, how does she feel about the exclusion of article 4 of the European convention on human rights from the new clause?

[Mrs May]

I have indeed taken a strong line on trafficking, but the exclusion of certain other articles of the convention in the new clause is one of the aspects that makes it incompatible with that convention and raises the issue of how it would operate. I have already indicated that I think the new clause is incompatible with the European convention, and I am raising some of the other practical issues that I think would be its impact. I think we will find it harder to deport people because of some aspects of the new clause, and that more cases will go to the European Court as that would become the first decision maker in a number of cases. There would be considerable litigation in the domestic courts if we found ourselves seeking to remove someone contrary to a rule 39 indication. Those are practical issues about whether we can deport individuals.

I recognise the concern of my hon. Friend the Member for Esher and Walton, and others, about our ability to deport foreign criminals, and in relation to the European convention on human rights. I have said on many occasions that it is necessary for the Government to determine and sort out our relationship with the European Court of Human Rights and the European convention on human rights, and as far as I am concerned, nothing should be off the table in doing that. Today we are considering a Bill that will deal with the deportation of foreign criminals.

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[Mrs May]

We have given a great deal of thought to the way in which our measures will operate. The changes that we propose will strengthen our ability to deal with those who are here illegally. We are, for example, strengthening our ability to enforce penalties for those who employ illegal workers. The system enabling employers to determine whether the workers whom they employ are here legally or not is in place, is well known and is running properly, and the same will apply in the other areas that we are discussing.

The Bill will also help to discharge the Government’s commitment to introduce exit checks on people leaving the UK in order to tackle overstaying and prevent people from fleeing British justice.

Let me now go into a little more detail, although not too much, because I know that others wish to speak. The Bill substantially reforms the removals system, and ensures that illegal migrants who have no right to be in the UK can be returned to their own countries more quickly. We inherited a complex system involving multiple stages before an individual can be removed, allowing numerous challenges to be issued during the process. The Bill will ensure that we adopt a system whereby only one decision is made. Individuals will be informed of that decision, and if the decision is that they can no longer stay in the UK, immigration enforcement officials will be allowed to remove them if they do not leave of their own accord. The Bill also reforms the system whereby illegal migrants held in detention centres are allowed to apply for bail, and it gives immigration officers stronger powers so that they can establish the identity of illegal immigrants by checking fingerprints and searching for passports.

The current appeals system is also very complex. There are 17 different immigration decisions that attract rights of appeal, but the Bill will cut that number to four, which I think will prevent abuse of the appeal process. It will also ensure that appeals address only fundamental rights. It will make it easier to deport foreign criminals by requiring individuals to appeal from abroad after deportation, unless they face the prospect of serious harm.

[Sarah Teather]

I do not intend to make a speech, because I know that others wish to speak, but an issue that has not been mentioned at all today is health. The organisation Doctors of the World, whose clinic I visited last week, is very worried about the Bill’s impact on those who do not have residence status. Such people are often extremely vulnerable, and many have been trafficked.

[Mrs May]

The hon. Lady has raised a number of concerns about aspects of the Bill, and has indicated her objection to it overall. A number of the changes that we are making relate to migrants’ access to services, but I think that the issues to which she has just referred are within the purview of the Department of Health, and are therefore not relevant to the Bill.

We are strengthening our ability to deal with cases in which it has not been possible to deport foreign criminals because they have had recourse to an argument relating to article 8. That is a qualified right under the European convention, and we are now putting it into primary legislation. We expect the courts to respond appropriately.

We will require migrants who will be here temporarily to pay a surcharge so that they contribute to the NHS. I think that most hard-working people would agree that that is appropriate. We have improved our ability to deal with sham marriages.

The deprivation of citizenship is an important new power. As I indicated to the shadow Minister for Immigration, we are happy to discuss with him the full impact of that power. The Minister for Immigration will have those discussions with him. What we are doing meets our international obligations and will strengthen our ability to deal with those who wish to act in a way that is seriously prejudicial to the UK.

The Government are getting to grips with immigration. Net migration is down by nearly a third since its peak in 2010. Net migration from outside the EU is down to 140,000 and is at its lowest level since 1998. The reduction is being driven by cuts in the number of people coming to this country. In 2013, there were nearly 100,000 fewer people immigrating to the UK than in 2010.

We are making good progress with our reforms. We are transforming the immigration and border system. We have abolished the UK Border Agency, established two new operational commands, tightened immigration routes where abuse was rife, strengthened the system of granting students permission to enter or stay in the UK, reformed the family visa system, and set an annual limit on the number of non-EU economic migrants who are admitted to the UK. All those reforms are working well and are doing much to tackle the chaotic and dysfunctional system that we inherited from the previous Government, but we need to go further.

The Bill will build on our achievements. It will ensure that immigration serves our economic interests and that our system commands the respect of the British public, who need and deserve an immigration system that is fair, reasonable and measured. I commend the Bill to the House.

Syrian Refugees

Debate between Baroness May of Maidenhead and Sarah Teather

Wednesday 29th January 2014 Commons Chamber

[Mrs May]

We are working hand in hand with the UNHCR, but we are doing so with very particular priorities and with a degree of flexibility that we feel being part of the programme to which the hon. Lady refers would not give us.

[Sarah Teather (Brent Central) (LD)]

Having visited Jordan and seen the conditions in which Syrian refugees are living, I am absolutely delighted that the Home Secretary has made this statement—I hope that it gives her heart to think that doing the humane thing for refugees is often popular and not always unpopular. I am a little disappointed that we are not signed up to the UNHCR’s scheme, but so long as we are working hand in hand with it to identify the vulnerable people, that is what is most important. I ask her to keep under review the priorities she has set as the crisis unfolds, because the people who are the most vulnerable may well change over time. If we are to have our own programme, rather than the UNHCR scheme, that might be important.

[Mrs May]

I take the hon. Lady’s point about continuing to look at the priorities we have set. As I have said, those priorities tie in with other work we are doing in the region. I think that it is important to have that degree of flexibility, which is what having our own scheme gives us. However, I reiterate the point I made in answer to the previous question: we are working alongside and hand in hand with the UNHCR.

Immigration Bill

Debate between Baroness May of Maidenhead and Sarah Teather

Tuesday 22nd October 2013 Commons Chamber

[Mrs May]

I have taken a number of interventions and will now make some progress.

I will set out the elements of the Bill in context. First, the Bill will cut abuse of the appeal process. It will streamline the labyrinthine legal process, which at present allows appeals against 17 different Home Office decisions—17 different opportunities for immigration lawyers to cash in and for immigrants who should not be here to delay their deportation or removal. By limiting the grounds for appeal to four—only those that engage fundamental rights—we will cut that abuse.

Secondly, we will extend the number of non-suspensive appeals so that, where there is no risk of serious and irreversible harm, we can deport first and hear appeals later. We will also end the abuse of article 8. There are some who seem to think that the right to family life should always take precedence over public interest in immigration control and when deporting foreign criminals. The Bill will make the view of Parliament on the issue very clear. Finally, the Bill will clamp down on those who live and work in the UK illegally and take advantage of our public services. That is not fair to the British public and to the legitimate migrants who contribute to our society and economy.

[Sarah Teather (Brent Central) (LD)]

Did the Home Secretary take advice from colleagues in the Department for Education on the extent to which her definition of article 8 is compliant with our obligations under the UN convention on the rights of the child?

[Mrs May]

I can assure my hon. Friend that we have had a number of discussions with colleagues in the Department for Education on the operation of the proposals in the Bill. There is an agreement across the Government that we need to do precisely what I have just set out in response to my hon. Friend the Member for Ilford North (Mr Scott): we must ensure that we are fair to those people who come here legitimately and do everything the right way, but we must also make it easier to remove those people who do not have a right to be here.

Oral Answers to Questions

Debate between Baroness May of Maidenhead and Sarah Teather

Monday 7th January 2013 Commons Chamber

[Mrs May]

They are UK-wide figures.

[Sarah Teather (Brent Central) (LD)]

22. When she expects to announce the asylum support rates for 2013-14.