255 Lord Coaker debates involving the Home Office

Tue 29th Oct 2019
Domestic Abuse Bill (First sitting)
Public Bill Committees

Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons
Tue 29th Oct 2019
Domestic Abuse Bill (Second sitting)
Public Bill Committees

Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons

Law Enforcement Agencies: Duty of Candour

Lord Coaker Excerpts
Tuesday 22nd June 2021

(2 years, 10 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My Lords, the Home Secretary fully expects the Metropolitan Police to respond positively to this report and to set out publicly the clear steps it intends to take to avoid making the same mistakes again. She has written to the Metropolitan Police Service Commissioner setting out her expectations and she will update the House on progress following a response from the Metropolitan Police and others.

Lord Coaker Portrait Lord Coaker (Lab)
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This absolutely terrible and shocking incident adds to the legacy of the damaged trust of all aggrieved Hillsborough families and others in the police. It is devastating for the Morgan family, who fought so hard to get the truth; it is painful for the communities the police serve; and it is painful for the vast majority of officers, who serve with integrity. It is plain to see just how urgent the need is to get this statutory duty of candour in place. Notwithstanding what the Minister has already told the House, what work has begun to get that recommendation implemented? When will the duty be in place and how will it be enforced, thereby earning and maintaining public confidence in the police? This is urgent, and we want the Government to move as quickly as possible.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I say to the noble Lord that I agree with pretty much everything he says. This work is urgent. I know that work is progressing at pace and that the Home Secretary wants to speak to the family before making further progress on it.

Passport and Visa Measures

Lord Coaker Excerpts
Wednesday 9th June 2021

(2 years, 11 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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Again, I put it back to the noble Baroness: what about people who cannot afford a passport and do not live in the EU? Do they not matter?

Lord Coaker Portrait Lord Coaker (Lab)
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I think that many in the House will be extremely disappointed with the responses the Minister has given. Last year, noble Lords raised this issue, warning of potential problems. Given that these have now arisen, can the Minister tell the House how many EU schoolchildren she estimates will be affected by the changes? Is she not concerned in the slightest that barriers to visiting and learning in the UK will give a negative impression of our country to those young people and their families—one that might, in time, be to the detriment not only of our economy but of our cultural and global reputation?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The noble Lord will not be surprised to know that I do not agree with him. In terms of numbers, it is very difficult to prove a negative: for example, how many children will not be able to visit because of the system we have. One might also about children who are currently outside of the EU. I mentioned collective passports, which are a route for groups of children to come to this country and are, I think, very affordable.

Immigration Rules: Statements of Changes

Lord Coaker Excerpts
Thursday 27th May 2021

(2 years, 11 months ago)

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Lord Coaker Portrait Lord Coaker (Lab) [V]
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My Lords, I refer to the register of interests and my role as a research fellow on modern slavery at the University of Nottingham. It is an honour to make my first contribution from the Opposition Front Bench. I start by thanking the noble Baroness, Lady Williams, for her usual courtesies in welcoming me. I look forward to our future discussions.

The three instruments before us include 640 pages of policy changes. I have six minutes to speak, which would optimistically work out at over 100 pages per minute. Whatever our differing views, the whole House—including the noble Lord, Lord Green—is perhaps united on the way these changes have been made, which has lacked transparency and made scrutiny harder. The instrument published in October 2020 covers everything, from the simplification of existing rules to citizens’ rights after transition and the Afghan interpreters scheme. As the SLSC reported, its scope is “wholly unjustifiable” and makes the law less accessible. What do the Government say to that and what will they do differently going forward?

The Minister knows of our disappointment that the health and care visa did not cover significant numbers of care workers, who, alongside other key workers, kept this country going through the pandemic—though I note that “senior care worker” has now been added to the shortage occupation list. Where is the Government’s detailed plan on social care?

On the BNO route, Labour has pushed the Government to ensure this scheme is genuinely accessible. Does the support package announced earlier this year cover issues including recourse to public funds and tuition fee status? Can the Minister give an update on routes for younger people in Hong Kong born after 1997—for example, ensuring that the existing youth mobility scheme can offer a clear path to citizenship?

I turn to the EU settlement scheme. The 30 June deadline is approaching, and we welcome that guidance on the “reasonable grounds” for late applications has now been published. But for those who miss the deadline, what support will be in place to signpost them to application? We understand that the Government intend to continue funding grant-funded organisations to support late applications to the scheme, but the crucial question is: how long will that support last?

The report from the3million says that people in the middle of university admissions or mortgage applications are finding themselves impacted by the Home Office’s delay. Can the Minister please give an update on how many hundreds of thousands of applications are currently held up? What will be done to prevent people losing rights while their application is pending?

According to the latest figures, fewer than 50% of EU looked-after children and care leavers have secured settled status, with one-third yet to apply—that is only the children who have so far been identified. Could the Minister therefore give an update on efforts to identify and support looked-after children?

Buried—this is why more debate is important—in the first instrument are the really concerning powers to deport a person solely on the grounds of being homeless. Have the Government used this power during the pandemic?

The Statement published on 10 December lays some groundwork for government plans on asylum. The SLSC raised concerns that these changes

“may imperfectly achieve their policy objectives.”

We agree. The Government’s two-tiered plans for asylum take their eye off people smugglers and instead seek to penalise the refugees exploited by them.

On enforcement, how many—if any—of the international agreements needed for this policy are now in place? How many people smugglers have been successfully prosecuted since 2019? The UNHCR says that the plans are damaging, expensive and will not work, so what conversations have Ministers had with the UN and other partners since the policy was announced?

What is so far missing is the crucial information on safe and legal routes, which are vital for people fleeing situations that we can barely imagine. How many refugees will be welcomed under the new UK resettlement scheme? Where are the detailed plans for family reunion? I pay tribute to my noble friend Lord Dubs for all his work on this issue. Safe Passage reports that, despite this Government’s assurances, children are facing ever-longer waiting times since Dubs and Dublin closed.

There are so many other issues that I and many other Members, whatever our views, would have wished to have had the time to cover. I close by briefly welcoming the expansion of the Afghan interpreters’ ex gratia relocation scheme and the introduction of the ARAP, which we hope we will be able to continue to discuss in future debates. Really, a debate as important as this needed more time.

Domestic Abuse Bill (First sitting)

Lord Coaker Excerpts
Committee Debate: 1st sitting: House of Commons
Tuesday 29th October 2019

(4 years, 6 months ago)

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Luke Graham Portrait Luke Graham
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Q There is no commissioner in Scotland. We have no equivalent. Currently, it falls between the courts and Police Scotland to pick up some of the activity. We have no commissioner, so this would not be a substitute; it would be a complement. The idea is that, just as in Wales, you would have a role in that consultation on the work. Obviously, a legislative consent motion could be passed in the Scottish Parliament so that this was done in consultation and agreement with different levels of government rather than being imposed with an iron fist. I just wonder whether you foresee problems on an operational level. I know about the political bits; those are for us to deal with. I am just interested in that operational point.

Nicole Jacobs: Without having thought about it very much, I would say that some of those points seem obvious, but I am afraid I would have to consider some of the others further. There are things I know of happening in Edinburgh in children’s social care—“Safe and Together”—on which we are already co-ordinating with England. There are really obvious things to me about learning and maybe some shared research and other matters. On whether it extends to the whole list, I would have to come back to you or defer to your decisions.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
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Q Welcome to the post. What should we say in the Bill about perpetrators? There is a lot about prevention orders and so on, but what should we say about that? Should we say anything about rehabilitation or should we just lock them all up? What should we do?

Nicole Jacobs: I would say a couple of things. There are some criminal justice elements in the Bill. Making those robust and effective is not necessarily to do with locking people up but about ensuring that the criminal justice system is working in the way that it should and that is set out. I believe that one of the things we do not do enough is to prioritise multi-agency working around the courts system. In the area I have come from, we have specialist courts. We have a court management group, which is all the criminal justice partners and the specialist service, and they can collectively remember and problem solve around the mistakes that they inevitably may be making. That is not intentional; sometimes it is to do with the bulky way that our criminal justice system works. In terms of holding perpetrators to account, I suppose the one thing I would really encourage the Committee to consider is in what ways, in piloting the DVPOs, we could consider what helps to make the implementation work. We should not just say, “Are the police doing it or not?”, as if it is down to one entity; it has to be the whole of the criminal justice system working.

Having said that—I talked about the duty—I believe there is very little consistency in terms of enabling people to engage and change their behaviour. I would include that in the broadening of the statutory duty. Again, you will hear later from Jo Todd, who is much more of an expert than me, about the breadth of service. There is a perpetrator strategy that many organisations have signed up to that I am very interested in, and which I am sure you will have sight of or will perhaps be given in written evidence. I would stand behind that type of strategy, which is about prevention, provision of service and what I would call incentives to change—both carrots and sticks. What do we do to really have the breadth of provision that we need? Of all the domestic abuse provision, that is probably the most patchy in terms of where you could find places to change.

Lord Coaker Portrait Vernon Coaker
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Q Did you say you had seen the draft of the framework document—that you have been talking to the Minister about a draft of the framework?

Nicole Jacobs: I have not been talking to the Minister about it.

Lord Coaker Portrait Vernon Coaker
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Q Did you say you have seen a draft?

Nicole Jacobs: I have seen a draft, yes.

Lord Coaker Portrait Vernon Coaker
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Q Do you think it would be helpful for the Committee see that draft when we get to clause 10?

Nicole Jacobs: I do not know if I am getting into your processes too much here. I think it is being prepared.

Victoria Atkins Portrait Victoria Atkins
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It is in hand, Mr Coaker. That point is very well understood.

Lord Coaker Portrait Vernon Coaker
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Q That is very helpful. So we are going to see a draft before we get to clause 10 rather than at the end. That is helpful; thank you very much.

Nicole Jacobs: I might have said “at the end” meaning published to the public.

Lord Coaker Portrait Vernon Coaker
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Q That is fine. It is quite helpful. Just to say to you, Nicole, it is very helpful for us to see drafts before we discuss the clause, so we know what we are talking about, rather than appearing at the end of the Bill as a framework that we do not know anything about.

Nicole Jacobs: I can imagine, yes.

Lord Coaker Portrait Vernon Coaker
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It is therefore very helpful that the Minister has helped to support your remarks that we are going to see that before clause 10.

Paul Scully Portrait Paul Scully
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Q Welcome to the role, Nicole. You mentioned your views on the gendered nature of domestic abuse at the beginning. Some people have been suggesting that we should have a violence against women and girls commissioner, rather than a Domestic Abuse Commissioner. What are your views on that?

Nicole Jacobs: I understand the logic. Obviously, some of those who have said that are colleagues of mine. One of the things we would all have to understand about doing that is just how broad a remit you would be moving to. That would certainly extend well beyond all the discussion we have had this morning, to do it properly and do it well.

While many strategies and, certainly, the Government strategy is a violence against women and girls strategy—I appreciate that—when I am describing to you the breadth of what needs to happen for domestic abuse, it is a heck of a lot of work. There is a lot of progress to make. In doing that, it will strengthen certain aspects of what we call those strands of violence against women and girls. For example, so-called honour-based marriage, forced marriage—all these things intersect. By strengthening the approach in general, you are addressing aspects of that, but you are certainly not covering the whole breadth of it. That is when I was referring back to my looking forward to working with the Victims’ Commissioner, and certainly the national advisers in Wales and colleagues in Scotland, where there is a lot of expertise on that. If you wanted to broaden my remit to that, I feel I have the background and understanding to do it, but I would just caution that you are talking about a huge difference.

Again, going back to the very first thing I said to you, the reason I was so motivated by this role is the breadth of what still needs to happen. Sometimes, we think, “Oh, we’ve been talking about domestic abuse for years and years and somehow it’s all sorted.” Well, it is really not. It has shaky foundations, and I think that is what we can address here.

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Wendy Morton Portrait Wendy Morton
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Q I am really interested in hearing that you are sharing some of the work you are doing in the west midlands. You mentioned Domestic Abuse Matters training. In addition to that, could the police introduce any other measures to encourage victims to come forward to the police in the first instance?

Louisa Rolfe: We have done a lot to improve people’s confidence. If a victim is to have confidence, I have got to ensure that all the charities I work with have confidence, so that every IDVA we have a relationship with, as well as every GP or health visitor who might come across a victim, will reassure them and give them confidence in reporting to the police.

There is a lot of really good work going on nationally. For example, the IRIS—identification and referral to improve safety—project is live in Birmingham and a lot of other places across the UK. GPs and health practitioners are trained to recognise the signs of domestic abuse and to be able to tell a victim in a very informed way what happens when you report to the police. Often, people have a lot of fear about the consequences of reporting to the police, and it is really important that there is immediately accessible advice and support for victims as well.

Lord Coaker Portrait Vernon Coaker
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One of the real issues that has dogged us for years is the postcode lottery in dealing with domestic abuse and the different responses from agencies and police forces in different parts of the country. Some do it better than others, and prosecution rates vary, with some taking into account emotional abuse as well as physical abuse. Your role is to try to pull all that together and generate a national standard that everyone adheres to. Is it fair to say that there is still a lot of difference between forces? What are we doing to try to ensure that everyone is raising their standard to that level?

The National Police Chiefs’ Council will say, “As senior officers, we will adhere to these standards. It is absolutely right and we agree with all of it,” but we all know that sometimes it does not always work in practice. How big a challenge is that for each force? What will you do on that and what more could we do to help?

Louisa Rolfe: There are a number of issues here. When I meet with the sector and the charities, I also meet with a representative from every policing region in the UK. Additionally, the Police Service of Northern Ireland, Police Scotland and the Welsh forces are represented in that meeting. We share best practice.

There is a lot to be said for working closely with the College of Policing in ensuring that, when we are developing policy and practice, it is evidence-based. We took a long time developing the Domestic Abuse Matters training with charities and what I like about it is that it is very focused on challenging culture and perceptions. We have run a number of independent academic evaluations that prove that it increases officers’ empathy and understanding. That is the one training that I recommend nationally, and forces are rolling that out.

It is quite challenging: in my own force, the training has taken us nearly a year, because it requires an abstraction of nearly 25% of your workforce to be trained face to face. You need to commit to developing trainers within your workforce who can continue to develop practice and understanding. It is quite a big ask, but we are rolling it out slowly across forces nationally.

On the work on the domestic abuse risk assessment, the DASH tool is very good and still very effectively used by IDVA services, charities and specialists. For many years, lots of forces and academics told me that it was not working for first responders. We have worked with Cardiff University women’s safety unit to develop something that we know through evaluation better identifies coercion and control with first responders. We have worked with the College of Policing to develop authorised professional practice, so that there is one standard, and I work with regional leads and force leads. I publish a newsletter regularly to forces and practitioners across the UK on improvements and the work we are doing.

A lot is going on to improve practice, but some is dependent on local variation and local arrangements. There is a balance—I do not want to stifle innovation. Some of the best work has been developed in forces and then shared. Northumbria has done a lot of work on developing a multi-agency tasking and co-ordination response to perpetrators. That has now influenced the work the College of Policing has done and will be part of the guidance on how to better manage serial perpetrators. One of our challenges is the willingness of partner agencies locally to work with policing to develop an approach to multi-agency safeguarding and management of perpetrators.

Lord Coaker Portrait Vernon Coaker
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Q Is there anything more that we could do? We have the inspectorate later and could try to influence what they inspect, I guess. What you said is absolutely right and exactly what one would expect you to do, but we still know that there will be individual forces where this will not happen in the way that you or any of us would want. How do you drive that change?

Louisa Rolfe: HMICFRS has included domestic abuse in its PEEL inspections—police effectiveness, efficiency and legitimacy—and it has been a significant part of that. You will hear from Zoe Billingham, the lead HMI, later. We talk quite regularly. If she finds significant variation in forces, she will often flag it with me so that I can work with local leaders to address that. The biggest challenge is how we embed a more public health approach. I hear from charities that their concerns are less about policing and more about how we ensure that all agencies can work together and prioritise this effectively.

Sarah Newton Portrait Sarah Newton
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Q I would like to start by saying to my colleague, the hon. Member for Swansea East how brave she was to share her experience. It reminds us all that every part of the country and every sort of woman is very much affected and how important this work is, so I am grateful to Carolyn. Talking about the Welsh valleys and traditional cultures resonates with me as I represent Cornwall. The point about older women being reluctant to come forward is very much borne out in the evidence.

I thank the deputy chief constable for being with and answering the questions so well. In the new definition in the Bill, we will extend domestic abuse to other family members—grown-up adults and older people—and the abuse that they commit, which is really important. You have described a long process of domestic abuse training—IRIS training, partnership working—to get the frontline police officers sufficiently trained to be able to recognise domestic abuse. This is another huge challenge you are now going to face in extending that definition and the training, so that people are looking out for a different group of victims and perpetrators. How will you go about doing that?

Louisa Rolfe: Thankfully, much of the training we have invested in and the work on domestic abuse risk assessment will apply, because it identifies coercive controlling behaviour, which is often prevalent in those relationships where there are adult children and an elderly parent. I do not worry that we will struggle.

The police service has been working for many years to better understand and address vulnerability, and that is why we had such a dramatic increase in the reporting and recording of domestic abuse. In reality, many of those incidents are already recognised and reported. The challenge is often in the provision of adequate support services, to ensure that victims feel confident that they can take that leap and pursue a prosecution.

There are some great domestic abuse perpetrator programmes out there, such as the Drive Project, which focuses on addressing behavioural change. The evaluation of that programme has shown that it reduces abuse by 30%, which is hugely impressive. However, the reality is that the College of Policing recently looked at the provision of perpetrator programmes and found that only 1% of perpetrators participate in them. I do not think that that is because of the reluctance of perpetrators; it is about the lack of availability.

We found in the significant increase in the reporting of domestic abuse that many incidents might not meet the threshold for prosecution. In the absence of perpetrator programmes to address the behaviour, we are in a difficult position. We must do something, so we focus on safeguarding victims, but we really want to work with other agencies to ensure that there is also a solution to address that behaviour.

Domestic Abuse Bill (Second sitting)

Lord Coaker Excerpts
Committee Debate: 2nd sitting: House of Commons
Tuesday 29th October 2019

(4 years, 6 months ago)

Public Bill Committees
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Gillian Keegan Portrait Gillian Keegan
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Q Clearly, if implementation has been patchy previously, it is going to be absolutely key. Do you think this point about training and the patchy response is at all linked to the fall in the number of prosecutions and the number of people coming forward?

Zoe Billingham: When we inspect across domestic abuse, we try to take a whole-system approach, in so far as it relates to policing. We look at a whole range of measures all the way across; where we see drops in areas of performance, we are concerned.

Starting with the moment a call comes into a control room, if we see that forces are not attending to domestic abuse incidents as quickly as they should, that is warning flag No. 1. Warning flag No. 2 is when the responding officers who attend those incidents tend to arrest less. All forces have a policy of positive action, but the number of times that an alleged perpetrator of domestic abuse is arrested varies between 80% in some forces and 30% in others, and that variation worries us. Warning flag no. 3 is when too many cases are being discontinued post-arrest on the basis that the victim does not support police action. Nearly 50% of domestic abuse cases are discontinued on that basis, and that worries us. We see variance among forces in all parts of that whole-system approach, and the orders are one part of that system in which we see that variance.

As an inspectorate, we would like to see less variance and greater consistency, because a victim of domestic abuse in Cumbria is self-evidently entitled to the same level of police service as a victim in Camden. We set that as our expectation—rightly so, I think.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
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Q Thank you, Zoe, for coming along. Are there serial offenders among police forces in terms of variance? Are there forces that you go to that are not as good as they should be, and then you go back and they are still not as good as they should be? I think I know the answer. If that is the case, what can you do about it and why cannot we do anything about it? You identify the problem, but then it just carries on.

Zoe Billingham: It is really interesting; policing has a habit of working like the swing of a pendulum. A force may be at variance in, for example, its rate of arrest, and we will put in our report—our local report—a recommendation that that should be reviewed and looked at. When we come back, we are listened to and we will follow that through, and we find that that may have changed. However, the danger is that, in addressing and focusing responses on one particular area that we have identified in our report, the eye is taken off the ball elsewhere. Although the force may correct one part of the whole-system approach, there may be something that then surprises us and surprises them.

For example, the force may be arresting more but may actually then be disposing of more cases, on the basis that the victim does not support police action. Now, that may be an appropriate thing to do, but we are concerned that too often that resolution is being used because hard-pressed officers simply have not got the time to take the correct action to pursue the criminal justice route and outcome.

Lord Coaker Portrait Vernon Coaker
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Q But what if the public wanted to know that? If you want to know how good a school’s exam results are, it is quite easy to find out—it is quite easy to compare schools. That is not so true of police forces, is it? I mean, what you say is quite right, but we know that there are police forces that do not improve their way of tackling domestic abuse by their serious violence strategy going west—they do both, even with the same resources and difficulties, even rural forces compared with rural forces or city forces compared with city ones. Everything is the same, yet there is a difference in performance.

Would it not help if there was greater public awareness of that? How can the inspectorate publish that information so that people can look at it and say, “My police force is not as good as equivalent forces”? League tables?

Zoe Billingham: Well, I am not sure—

Lord Coaker Portrait Vernon Coaker
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Q No—I just threw that out there. I am just trying. I do not agree with that either, but I am frustrated by the lack of that sort of thing.

Zoe Billingham: What we have promised to do since 2014 is to inspect police forces on domestic abuse every year—year on year—until the service is what we would want it to be. We have lived up to that promise and we are still inspecting forces year on year, which is an indicator that we are still not satisfied with the performance that we find. We have to bear in mind that in the intervening period—between our starting in 2014 and now—there has been a whopping great increase in the amount of demand being placed on officers. There has been an 88% increase in recorded domestic abuse-related crime.

Lord Coaker Portrait Vernon Coaker
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Q An 88% rise? When is the base year for that?

Zoe Billingham: In the three years from 2015 on, there has been an 88% increase. It represents 10% of all crime and 40% of all crime with violence.

Lord Coaker Portrait Vernon Coaker
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Q Sorry to interrupt; I am just trying to think. Was that 10% of crime that people have gone to?

Zoe Billingham: Some 10% of all recorded crime that police deal with, and 40% of all violence, has a domestic abuse-related basis.

We do what we call our police effectiveness, efficiency and legitimacy, or PEEL, inspections; I am sorry to go into so much detail. We review police every year, and within our vulnerability section we always look at domestic abuse. Within that, we always provide the public with a judgment on their police performance, of either “outstanding”, “good”, “requires improvement” or “inadequate”. We think that brings a degree of transparency, and we supplement that with an annual report. We have published four—in 2014, 2015, 2017 and 2019—to shine the light on this area.

However, I think that the sentiment behind your question is this: “Should the public be made increasingly aware of this issue?” Our answer would be a resounding yes. We are playing a small part in that as the inspectorate, but there might well be more that we can do—in fact, I am sure of that.

Lord Coaker Portrait Vernon Coaker
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That is very helpful.

Sarah Newton Portrait Sarah Newton (Truro and Falmouth) (Con)
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Q Clearly, from the numbers that you are giving us, there has been a huge increase in the trust in police for the victims to come forward and report. The work that you have been doing with police forces is clearly moving in the right direction, so thank you.

The Bill seeks to simplify procedures for police officers, which hopefully will result in higher levels of prosecution. It also gives new powers or responsibilities to police officers, particularly for two groups of people: children and family members. We increasingly understand that when children in households are under exposure to domestic abuse and violence, it will make them more likely to be either a perpetrator or a victim. From your inspections of the constabulary, what steps are you seeing them take to identify those children and refer them?

The other type of domestic abuse now caught in the Bill, which I think is brilliant, is adult family members abusing elderly members or people with disabilities in their families. Again, that is a new area for the police to be tackling. Bearing in mind what you said about resource constraints, what evidence have you seen of the police tackling those particular issues?

Zoe Billingham: I can help particularly on the children front because we do a lot of inspection, including with other inspectorates, on the police response and other agencies’ response to children. Since 2014, we have seen a far greater awareness, particularly among those initially attending officers on the scene, of the importance of considering the impact of the domestic incident on the child.

When we first started inspecting, I was new to the area, but I was pretty horrified that police officers would often go into households with children who were themselves victims of the particular incident, even though they may have been in another room. The police officers were not even speaking to the children and checking that they were okay. We have seen a big shift now in the police’s understanding of the importance of safeguarding children and referring them into local authorities as appropriate, so that the appropriate safeguarding conferences can then take place.

We have seen an increase in the workload, which is why forces have invested in protecting vulnerable people areas and departments, which includes children. We continue to encourage that as an inspectorate so that children are put at the heart of this. We also see the prevalence of schemes such as Operation Encompass—an incredibly simple scheme where, if police attend a domestic abuse incident overnight, an arrangement with all the local schools means that a single person in the relevant school is notified that the child has had the most traumatic experience. The teacher can take steps—perhaps seemingly very small ones—to care for that child during the course of the following day, and subsequently. Some of these things are very easily done. They take a bit of arrangement to put in place, but they are not that costly. They do require a will and leadership.

I am not as able to help on elder abuse specifically, but would be happy to write to you if there are any specifics that I can think of that would help on that.

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Luke Graham Portrait Luke Graham
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Q This is important, and I do not want to put you in a constitutional hotspot, but devolved does not mean separate. A lot of the Bill is meant to be set by the UK Parliament. Some Members will push for it to be extended in certain areas to Scotland. As I have experienced with my constituents, domestic abuse in relationships does not respect county or other political boundaries. Do you agree that—framed as the Bill is about sharing best practice, sharing standards, ensuring that certain standards are reinforced throughout the entire United Kingdom and ensuring that analysis is shared throughout the United Kingdom—this is a good space for the Bill to play in, and that it can respect devolution within the United Kingdom and the role of central Government?

Nazir Afzal: Yes, 100%. The victim referral pathways could involve a victim from—well, I had one a long time ago in London who was moved to Inverness. If we do not have common practices, and so forth, rest assured that that would be a recipe for disaster. You need to have an understanding across borders, despite the fact that, jurisdictionally, there will be differences.

Lord Coaker Portrait Vernon Coaker
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Q In your evidence to us just a few minutes ago, you said that there were some issues with the Bill and that you would be happy to share them with the Committee. Could you please do that?

Nazir Afzal: Absolutely. The main one is the public duty. We have found in Wales that unless you mandate it, it does not happen. Furthermore, unless you ring-fence it, it does not happen either. Our experience—the experience across England and Wales, actually—has been that if people have made cuts, they have made them in areas they see as soft, and strangely, they see this area as soft. That is ridiculous, frankly, but none the less that is what they do. Unless you say—we have not said this in Wales—“0.5% of your income must go on whatever it is” and ring-fence it, it does not happen.

The public duty side of it certainly needs to be clearer, because people do opt out. One third of mental health trusts in England do not have a strategy that deals with domestic abuse. Given the number of victims who will be suffering either as victims or, potentially, as perpetrators, that is scandalous. My experience tells me that unless you mandate these things, it does not happen. That is issue No. 1, and I clearly think that is right.

Black and minority ethnic victims have been let down. Do you know how many independent domestic violence advisors in England and Wales work specifically with BME people? There are four.

Lord Coaker Portrait Vernon Coaker
- Hansard - -

Q Say that again. Four?

Nazir Afzal: There are four IDVAs in this country who are specially trained to work with BME victims. Given the population, that is not right.

Lord Coaker Portrait Vernon Coaker
- Hansard - -

Q How many are there altogether, do you know?

Nazir Afzal: Hundreds. That issue needs addressing.

There is also the rural-urban thing—I have said this specifically about Wales, but it is true of England as well. If you are a victim in a rural area, the perpetrator is probably known to everybody. To access support, you need transport—the support is not available locally—but we give everybody the same amount of funding. We give an NGO in Birmingham the same funding as we give one somewhere in Shropshire, but the one in Shropshire probably needs more funding per person than the one in Birmingham. We need to address that. Again, I do not know how you do that, but it needs to come from the top down, rather than the bottom up.

There are issues around refuge funding and refuge services. My personal view—it is the Wales view, too—is that the safest place for a victim is his or her home. The refuge should always be seen as an emergency, rather than as the first port of call, which is what it is commonly seen as. There are very few refuges with provision for children. You wait until mid-December, when it is coming up to Christmas: they will be turning away children left, right and centre, but what happens? They end up in emergency accommodation or going back to their abuser, because the support is just not available to them. Strange as it may sound, when I spoke to the Welsh Cabinet, one of the environmental Ministers mentioned pets. I was not aware of this. Victims do not leave home because of their pet. Apart from the Dogs Trust, as I understand it, there is very limited provision for animals in those circumstances, so they end up remaining with the perpetrator. Something needs to be done about refuge funding. It goes back to the sustainable funding issue I mentioned earlier, which needs to be addressed.

There are bigger issues. Your colleague, Sarah Champion, mentioned early marriage or child marriage yesterday. There are a substantial number of victims. I know the Minister asked for more detail, but my personal view is that you should ban child marriage under the age of 18. Too many 16 and 17-year-olds are forced into marriage, and too many suffer significant abuse at that age. Unless you put an age limit of 18 on marriage, you are not going to be able to prevent that from happening. The Bill offers you that opportunity.

Lord Coaker Portrait Vernon Coaker
- Hansard - -

Q Do you know what the estimates are? How many marriages are there?

Nazir Afzal: There are roughly 200 marriages of 17-year-olds every year.

Lord Coaker Portrait Vernon Coaker
- Hansard - -

Q Do you know what it is for 16-year-olds? The Minister will be able to get that.

Nazir Afzal: I do not know. The Minister will probably know better than I do.

Lord Coaker Portrait Vernon Coaker
- Hansard - -

Q Was that figure of 200 for England and Wales?

Nazir Afzal: Yes, but a lot of religious marriages are not registered. A lot more than 200 are not registered because they are religious marriages.

Lord Coaker Portrait Vernon Coaker
- Hansard - -

Q Have the Government made an estimate of the number of non-registered marriages?

Nazir Afzal: I do not know. Again, the Minister will know better than I do. I have dealt with cases, and the most amazing ones—the most bizarre, horrible ones—involved people who were forced into marriage at 16 and 17. Some of them died at the age of 19 and 20. There is a gap that needs to be addressed, and maybe the legislation could do that.

There is another area in which I would agree with other campaigners. Twelve years ago, I met with somebody called Iain Duncan Smith—I don’t know if you know him—and he was running a campaign with Refuge about driven suicide. A lot of victims of domestic abuse are driven to commit suicide, and as it currently stands, there is no law that can hold somebody to account for that. I tried to bring one in back then, and the Court of Appeal said that we could, but we were not able to succeed. You probably know the fact that two women are murdered every week in domestic abuse cases, but you probably do not know that 10 women kill themselves every week.

Lord Coaker Portrait Vernon Coaker
- Hansard - -

Ten women—

Nazir Afzal: Ten women, every week, in England and Wales will kill themselves because of domestic abuse. That is Refuge’s figure.

None Portrait The Chair
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The Minister wants to come in on this point.

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Lord Coaker Portrait Vernon Coaker
- Hansard - -

Q Emily, could you say a little about the difficulty with elderly people disclosing the fact that they are victims of this sort of abuse, and how difficult that must be? This morning, somebody raised the issue of older people, and I think this is a problem as you get older—hopefully, younger people have a different attitude, which is that you don’t suffer in silence. Have you made any estimate of the number of people that this affects? What initiatives have you found that have made a difference? What can we do about it, given that it is not only physical abuse and the economic abuse that Sarah was just talking about, but emotional abuse, control and those sorts of things?

Emily McCarron: You are right to say that older people often suffer in silence because they face a range of barriers to reporting the abuse. In many instances, it might be that they have suffered from the abuse for a very long time and are simply resigned to it or feel that no one is really listening to them. They might be very frightened. It is also the case that some older people have cognitive and physical decline, which makes it much harder to report. We know that there are very few services available to older people. We have reports from older people that they think that domestic abuse services are not for them; they think they are for younger women and do not want to take up the places of younger women and children, so are reluctant to report the abuse. It is also due to fear and a reliance on people financially. In many instances, they might not want to leave the perpetrator, so it is about what the correct response to that person’s needs is. That is why we are calling for a better response from healthcare professionals.

As it stands, the Bill is very focused on the criminal justice response, and that may not always be the only response that is right for older people. We are calling for better co-ordination and links between the criminal justice system, the healthcare system and local authorities, for a more co-ordinated response that is also linked up to social care, which obviously plays a part.

We are also calling for greater links with local authorities. At the moment, the possibility of domestic abuse is not always fully considered in assessments under the Care Act 2014, so we are calling for a better understanding of it. Certainly some successful training programmes have been delivered specifically to train people up on the needs of older people, because it is not always the criminal justice response that is needed.

Huw Merriman Portrait Huw Merriman
- Hansard - - - Excerpts

Q Emily, may I take you back to your suggestion that the definition be widened to include carers? I can absolutely see the logic of that, but is there not a danger? Currently, “personally connected” effectively means being or having been in a relationship or being a relative. If you extended that to carers, why would you not extend it to people who provide paid services to the home, for example? There is a danger that you go from “personally connected” towards “comes into contact”. Where would you stop? I wonder if you have thought about that in terms of extending the definition.

Emily McCarron: We have. We see that there is a role for the Care Quality Commission to play in ensuring sufficient safeguards for professionals who provide paid professional care. We are going on the evidence we see at Age UK, on what the calls to our information and advice service tell us, and on case studies. We are seeing that, in addition to intimate partner abuse, older people raise concerns about the abuse they experience at the hands of unpaid carers. I can see that there would be some concerns about how far that goes, but we are just going on the evidence.

We see that older people are experiencing abuse at the hands of their carers. As I have said, that is related to their vulnerabilities, and often that person is the only person who they see—they are not in contact with many other people. We are seeing evidence of the same coercive control and of older people adapting their behaviour to deal with the abuse that they experience—for example, sticking to their rooms and avoiding all conflict. That is exactly the same pattern of abuse and coercive control that we see in other examples of domestic abuse. That is really what is driving our desire for this amendment to expand the definition of abuse.

Major Incident in Essex

Lord Coaker Excerpts
Monday 28th October 2019

(4 years, 6 months ago)

Commons Chamber
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Priti Patel Portrait Priti Patel
- Hansard - - - Excerpts

My right hon. Friend is right to raise that issue, as he has done previously. It is clear that this is not a UK-specific issue but an international one. While a great deal of work is done internationally, through global compacts and migration funds, there is much more we can do, working collaboratively with international partners and our friends and allies, to deal with the root causes—the upstream issues—and criminality and to put something into statute globally to stop this happening again.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
- Hansard - -

Our outrage continues. The latest statistics from the National Crime Agency show that the top nationalities for potential victims of trafficking to the UK were Albanian, Vietnamese and Chinese. Given what we may or may not know, what discussions has the Home Secretary had, particularly with Albania, China and Vietnam, about what is going on and what more can be done to stop it?

Priti Patel Portrait Priti Patel
- Hansard - - - Excerpts

The hon. Gentleman is absolutely right. He will know, through his work on the all-party group on human trafficking and modern slavery, that there are specific source countries—he named some of them—where we see far too much trafficking and criminality. There are discussions taking place—I will not reel them all off, but I have been involved in some—and many more will follow. I emphasise, however, that, outside the Home Office, much more can be done across other Departments, and I will pursue that this week. We have seen various streams of activity by other Departments, but we need to join that up to ensure that we speak with one voice to these countries and that we ourselves have a much more coherent approach.

Major Incident in Essex

Lord Coaker Excerpts
Wednesday 23rd October 2019

(4 years, 6 months ago)

Commons Chamber
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Priti Patel Portrait Priti Patel
- Hansard - - - Excerpts

My right hon. Friend is absolutely correct. There have been recent cases where that has taken place, and rightly so. Criminals must be pursued and prosecuted, and we must use every single lever of law enforcement to confiscate their funds and assets. I know that has recently happened in other cases.

My right hon. Friend is right that, as a country, we have levers in our own legislation that enable us to send out a very strong signal internationally. We must do more of that.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
- Hansard - -

I welcome the Home Secretary’s comments and the tone with which she made them. We are all horrified by what has happened. May I stress the importance of international co-operation and ask the right hon. Lady to make herself aware of the work going on in the Council of Europe? Led by the Foreign Secretary, the aim is to improve concerted action on human trafficking in all Council of Europe member states and beyond.

Priti Patel Portrait Priti Patel
- Hansard - - - Excerpts

The hon. Gentleman is absolutely right, and I thank him for his work through the all-party parliamentary group on human trafficking and modern slavery. He gives a good example of collaboration not just in the House but across other organisations—in the Council of Europe and across Governments multinationally. We must pursue that, because of what we are witnessing and experiencing right now. One case is too many, but when 39 people die in our country in such an awful way, that is not acceptable. We have to do much more work together to stop such things from happening.

Immigration Detention: Victims of Modern Slavery

Lord Coaker Excerpts
Wednesday 17th July 2019

(4 years, 9 months ago)

Commons Chamber
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Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
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I think that the Minister has rather missed the point of what we are all saying. There is genuine shock across the House at the fact that it is Government policy to lock up victims of modern-day slavery as immigration offenders. What everybody is saying in different ways to the Minister is that that is unacceptable, and when is it going to stop?

Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

The hon. Gentleman might have missed the comment that I made at the start of this urgent question. Just because somebody is a victim of modern slavery or trafficking does not mean that they have immigration status in this country. It is important that we reflect on the fact that our first port of call is to offer a voluntary return, so that somebody may go back to their country of origin and receive support there. There are reintegration packages. We must not assume that we are best placed to assist those people who have been trafficked.

Immigration Detention: Trafficking and Modern Slavery

Lord Coaker Excerpts
Tuesday 9th July 2019

(4 years, 10 months ago)

Westminster Hall
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Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
- Hansard - -

It is a pleasure to serve under your chairmanship, Sir Gary. I start by declaring an interest, which appears in the Register of Members’ Financial Interests. I co-chair the all-party parliamentary group on human trafficking and modern slavery, of which my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) is also an officer. I congratulate her on having secured this debate.

I very much agree with my hon. Friend. I started to write a few comments for this debate and then abandoned them, because what I really wanted to say is that I just do not believe, as my hon. Friend said, that the Minister, anybody in the Government or indeed anybody who works in the Home Office wants to deliberately harm these people. But as I sat writing, I got to the point that everyone knows this is happening, so how does it carry on? Why does nobody stop it? Over the last few months in particular, I have found myself in quite a number of debates thinking, “If we can’t stop it, where do the public go?” I know the Minister cares about this, which is why I wanted to start with it, but she is a Minister of the Crown, and she, along with others, is responsible for the policy and its implementation. When it goes wrong, as it clearly has in some respects, she will be appalled at the individual circumstances, but this is a systemic failure. It is a failure of public policy.

All of us here are frustrated, even more than we are angry, about why we cannot do something about this. I will make a couple of other points, but I wanted to stand up alongside my hon. Friend and others and to say to the Minister that she should use this debate as a further incentive—a further motivation—to say, “This is not made up. This is not according to the guidance that we have set. This is not what is supposed to happen, so why is it still happening?” The Minister has the authority to bring people together and demand that, if a contract is not being properly implemented, those responsible are held to account and something is done about it. The cry from everyone will be, “If the people who work in immigration are not following the guidelines, do something about it.”

Although the reports my hon. Friend referred to are outstanding, I am sick of reading them. I think we have all read the report that Women for Refugee Women has published today. It is a disgrace; there is no other word for it. It should be on the front page of every newspaper. In our country, in 2019, victims of modern slavery are imprisoned. That is not the sort of country we are. That is not the sort of country the Minister represents, or that any of us represents. But that is what is happening.

For goodness’ sake, can the system not wake up? Can it not regenerate itself and have a bit of passion and urgency in it? This is not a bureaucratic exercise; this is men, women and children detained, not for a crime, but because they are victims. Which other victims would we lock up? It beggars belief. As I say, I do not feel angry about it—actually, I do a bit—but I do find it unbelievable. Sir Gary, you will have been in the position, as we all have, of having somebody come to one of your surgeries and raising an issue where you just sit there—I know I am getting older—and have that “I can’t believe it” moment. You just cannot believe it. I say to the Minister that this is one of those moments.

Only today, a Sky News report—published alongside the Women for Refugee Women report about Chinese women—stated that 507 potential victims of modern slavery were locked up. The Government’s response did not dispute that figure; it was just the bureaucratic response of, “Well, they are only there for a little while, and most of them are released, so it is fine.” That is not good enough. There are 507 people locked up. Is that not unbelievable? Is it not incredible? In 2019, 507 potential victims of modern slavery are locked up. That is not good enough. It is not right, and it is not the sort of country that any of us wants to live in.

Going back to what my hon. Friend the Member for Birmingham, Yardley said, the heart of this is that these are victims of crime, not immigration offenders. Until the system gets hold of that fact, recognises it and runs its policy accordingly, we are going to lock innocent people up. We are going to lock innocent families up. We are going to put children behind bars. People say that is emotive, but that is the truth of it. These people cannot come and go; if they cannot come and go, and there are fences with people guarding them, what is that called? We get into propaganda if we are not careful. These are prisons, in which people are locked up.

I say again to the Minister that this has to be sorted out. I have been saying so for years, as have other people; some have been campaigning on this issue for years. Why is it that when somebody is brutalised, terrorised, forced into work or forced into sex—when a child is working umpteen hours, terrified that their family is going to be beaten up or killed if they co-operate with the police, and frightened of all the different threats they face—the first thing we do when we get most of them is lock them up? It is partly because we say that we do not believe them or that they are not co-operating with the police. Can I come clean here? If my family were threatened with being mercilessly killed, I am not sure the first thing I would do when arrested by a police officer in a country that I was not used to, that I did not know and that had a language I did not properly understand would be to say, “Quite right, officer. Take me down to the station. Let me help you out as best I can to bring before the courts the people who have been threatening me and who told me that if I co-operate they are going to kill my family.” That is not the real world. What do we do? We lock them up. I am not going to say much more, because in a sense, that encapsulates it.

I have bundles of things in my office—stacks of reports, of statistics, of this and that—but my hon. Friend the Member for Birmingham, Yardley has made the case that this is not good enough, and I am making that case as well. What are we going to do? I know the Minister does not want this to happen, but she is a Minister of the Crown; she is the person responsible. She has the opportunity, the chance and the power to do something about this. If she does not have the power in a democratic society, who does? She is part of Her Majesty’s Government—an elected Member of Parliament who is the Government official with responsibility for this issue, and she can do it.

Why are trafficking victims held? Is it public policy? If not, why does it happen? How long are these people held for? How many are there? Sometimes, we are not even totally sure of the data. How many children are among them. Is it none, or some? Are they detained only if they are with their family? What guidance is there, and how do the Minister or the Government check the guidance is followed? In evidence to the Home Affairs Committee, the Home Secretary himself said he was not totally sure that the guidance was put in place and properly acted on. As my hon. Friend said, Mr Justice Julian Knowles said in his judgment that the Government’s 45-day policy for someone found to have conclusive grounds was illegal and would have to be changed. Can the Minister clarify what the Government’s response has been? My understanding is that they have said they will no longer implement the 45-day policy for those found to have conclusive grounds. Will the Minister confirm that? Although it is a slight aside to the debate, that issue is important.

I will finish with this point. These women, these men, these children—these victims—have no voice. We are their voice; they are the voiceless. We are speaking up for them. We are crying out and shouting out for them. Is anyone listening and is anyone going to act on what is being said?

--- Later in debate ---
Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
- Hansard - - - Excerpts

It is a pleasure, as always, to serve under your chairmanship, Sir Gary, and I congratulate the hon. Member for Birmingham, Yardley (Jess Phillips) on securing this important debate. I pay tribute to her tireless campaign work on the rights of women and victims of domestic violence. Many of us have heard her powerful speeches in the Chamber and Westminster Hall on several occasions, and we heard another such speech this afternoon.

I thank hon. Members for their contributions to this important debate. The hon. Member for Glasgow North East (Mr Sweeney) described becoming a Member of Parliament as a steep learning curve, and I assure him and others that becoming the Minister for Immigration is also a steep learning curve. I was as struck as other Members will have been when visiting immigration removal centres. One of my first visits was to Brook House, which the hon. Member for Manchester, Gorton (Afzal Khan) referred to, and my second was to Yarl’s Wood. Subsequently I have been to Campsfield House, Colnbrook and Harmondsworth, and I am conscious that our immigration removal centre estate provides a necessary service that remains part of our immigration policy. It is, however, important that when detention occurs, it takes place sparingly and in the most humane way possible.

As I said, my role as Minister for Immigration involved a steep learning curve, particularly when learning about the shocking exploitation of vulnerable individuals from overseas, who are duped by the promise of a better life in the UK. The hon. Member for Edmonton (Kate Osamor) mentioned the false promises that some people are sold when offered a different life in the UK, and that is one of the most horrific things. In too many cases those people are not brought to the UK for a better life; they are sold into prostitution or forced labour, and tackling that abhorrent crime has always been a priority for the Government.

The hon. Member for Stoke-on-Trent Central (Gareth Snell) mentioned the report “Supported or Deported”, and as has been stated, Home Office correspondents in that report disclosed that 507 individuals who were believed to have reasonable grounds in their trafficking cases were detained under immigration powers in 2018, either before or after receiving an NRM decision. Although that number is correct, the statement is not, because those 507 individuals were not detained after getting a positive decision on reasonable grounds to remain. As clearly stated in the freedom of information response provided by the Home Office, that figure is for people who had a positive decision on reasonable grounds to remain when entering detention, or while in detention. Further analysis of the figures shows that of those 507 people, 479 received a positive decision on reasonable grounds during a detention period. Of those, 328 were released within two days of that decision, and in total, 422 people were released within a week.

I was asked about the availability of legal assistance in immigration removal centres. All detainees in immigration removal centres are made aware of their right to legal representation and how they can obtain such representation within 24 hours of their arrival at an IRC. The Legal Aid Agency operates free legal advice surgeries across the detention estate in England. Detainees are entitled to receive up to 30 minutes of advice regardless of financial eligibility or the merits of their case. There is no restriction on the number of surgeries a detainee may attend. If a detainee requires substantive advice on a matter that is in the scope of legal aid, full legal advice can be provided.

At all IRCs, detainees who already have legal representation may receive visits from their advisers by appointment. Those visits take place in private, in designated interview rooms within sight, but not the hearing, of custody officers. Of course, detainees are also able to contact representatives by telephone.

The hon. Member for Gedling (Vernon Coaker) made reference to the recent judicial review. The Home Office is always trying to build its understanding of the complex needs of victims of modern slavery and to improve the support available. That case highlights the importance of tailoring support according to the individual needs of victims. In response to it, we will embed a more needs-based approach in our services.

Lord Coaker Portrait Vernon Coaker
- Hansard - -

This is an important point. Does that mean that the arbitrary 45-day limit does not apply to any individual in those circumstances?

Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

It is difficult for me to comment on the application to individuals, but I will certainly come back to the hon. Gentleman with a fuller response to that point.

Several comments were made about the reform of the national referral mechanism and the importance of ensuring that the NRM gets victims of modern slavery the support they need. We have made significant progress in delivering that complex reform programme, including the launch of the single competent authority, which is an expert caseworking unit responsible for all NRM decisions, regardless of an individual’s nationality or immigration status. That unit has replaced the competent authorities previously located in UK Visas and Immigration, Immigration Enforcement and the National Crime Agency. To improve the decision-making process, we have set up an independent, multi-agency assurance panel of experts to review all negative conclusive grounds decisions, adding significantly to the scrutiny such cases receive.

The hon. Member for Glasgow Central (Alison Thewliss) mentioned the detention of children. I wish to reassure her that the UK ended the routine detention of children in immigration removal centres in 2010 and then enshrined that in primary legislation in the Immigration Act 2014. There remain limited circumstances in which children may be detained, but that is usually in a family unit immediately prior to removal. That requires ministerial authority should a family be detained for more than 72 hours, and there is a maximum of one week. I reassure her that this year—in 2019—no children have been detained at Dungavel immigration removal centre. There was one age dispute case, but the individual was found to be an adult.

The hon. Member for Edmonton mentioned women in immigration detention, and we heard from several Members about Yarl’s Wood. On 6 June this year, the independent monitoring board published its Yarl’s Wood annual report for 2018. The IMB made positive comments about the continuing efforts at the centre to retain and recruit female staff and to improve healthcare provision. We have considered all the recommendations in the report and an action plan has been drawn up in response to concerns raised. We take our responsibilities towards detainees’ health and welfare very seriously. The provision of 24-hour, seven-day-a-week healthcare in all immigration removal centres, including Yarl’s Wood, ensures that individuals have ready access to medical professionals and levels of primary care in line with individuals in the community.

The hon. Lady also raised the specific issue of victims of trafficking from Nigeria. Last summer, or perhaps last autumn, I travelled to Nigeria and listened to harrowing accounts of people who had been trafficked. I also heard about some of the measures that the Nigerian Government were taking to address what is a very serious problem in that country. I am very conscious that there are significant numbers of Nigerians among victims of human trafficking found in detention in Libya or attempting to cross the Mediterranean. A disproportionate number of Nigerian victims of international trafficking come from Edo state in the south-west, where long-standing trafficking networks operate.

Modern slavery programming in Nigeria is a cross-Government effort, with each Department—the Home Office, the Department for International Development and the National Crime Agency—working co-operatively and focusing on areas of comparative advantage. The Home Office’s own modern slavery fund programme provides support and reintegration assistance to victims of trafficking and supports the judiciary to process trafficking. In addition, DFID funding has been directed to the International Organisation for Migration to rehabilitate victims returned from Libyan detention camps. That is a separate cohort of victims from those supported by Home Office funding. There is a real need for us to continue to work with DFID to help develop livelihood options for communities at risk of trafficking in Edo state and to help local government and civil society respond to trafficking there.

The hon. Member for Manchester, Gorton raised some issues with rule 35 of the detention centre rules. We are committed to ensuring that the rule 35 process operates effectively as a reporting system for removal centre doctors’ concerns about the welfare of detainees. In March this year, we launched our targeted consultation on the overhaul of the detention centre rules. The operation of rule 35 is a key element of that and is closely linked to the operation of the adults at risk policy. Input from non-governmental organisations, the independent detention oversight bodies and medical experts will ensure that the replacement for rule 35 better supports the identification, reporting and caseworker consideration of people with vulnerabilities. In the year 1 April 2018 to 31 March this year, 2,146 individuals were the subject of a rule 35 report made by a medical practitioner.

Various hon. Members mentioned the adults at risk policy. In September 2016, we implemented the adults at risk in immigration detention policy, a key part of our response to Stephen Shaw’s original review of the welfare of vulnerable people in immigration detention. The policy does not, as some have interpreted it as doing, mean an automatic exemption from immigration detention for any particular group of people. Under the policy, vulnerable people are detained, or their detention continued, only when the immigration considerations in their particular case outweigh evidence of vulnerability. Cases are reviewed regularly and also when new evidence comes to light.

I appreciate that there has been criticism of the adults at risk policy. However, as Mr Shaw said in his follow-up review last year,

“it would be folly to give up on the Adults at Risk policy. It is best thought of as an exercise in cultural change, and like all such programmes it will take time to reach full fruition. The focus on vulnerability that”

the policy

“has engendered is a genuine one”.

I believe that the policy will prove its full worth as it develops further and once it and the systems around it are in full alignment. Stephen Shaw made a number of recommendations for improvements in these areas and we are working hard, in conjunction with experts and in discussion with external organisations, to make the system as effective, protective and workable as possible.

It is worth remembering that the adults at risk policy replaced a policy that determined whether vulnerable people should be detained by reference to the concept of “very exceptional circumstances”. The difficulty with that approach was that nobody—caseworkers, legal representatives or detainees themselves—could interpret that in a consistent way. The adults at risk policy represents a much more coherent way of assessing the appropriateness of detention of vulnerable people and is a rational and proportionate approach.

Several hon. Members challenged me with the question, “What has changed?” That is a really important part of the comments I want to make and something I really wish to emphasise. We are committed to reducing the number of people in detention, to improving the welfare of those who are detained and to providing appropriate support to the most vulnerable in detention. Detention is used sparingly for securing the removal of individuals who do not have leave to remain in the UK, and people are detained for as short a time as possible.

We are detaining fewer people. At the end of December 2018, there were 30% fewer individuals in detention than a year earlier, and it is likely that that figure will be lower still this year. Over time, changes in legislation, policy and operational procedures will reduce the number of those detained and the duration of detention before removal, in turn improving the welfare of those detained.

Modern Slavery Act: Independent Review

Lord Coaker Excerpts
Wednesday 19th June 2019

(4 years, 10 months ago)

Westminster Hall
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Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
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It is a pleasure to serve under your chairmanship, Mrs Main. I declare my interest in the Register of Members’ Financial Interests. I congratulate my right hon. Friend the Member for Birkenhead (Frank Field) on securing the debate, and on his report with the right hon. Member for Basingstoke (Mrs Miller) and Baroness Butler-Sloss in the Lords.

I know that the Minister is committed to doing all that she can on this issue, so my remarks are really a challenge to us as an institution, and as a Parliament, rather than a criticism. We all want to end slavery and trafficking; that goes without saying. However, we have an opportunity to ask how we can wake the system up a bit, and make it go a bit faster. I was in Government, and it is a great source of frustration for me that some of the sensible amendments that the Government have started to accept were tabled in 2015. They should have been adopted then, and the Government are now adopting them four years later.

We all understand why people outside sometimes get frustrated. In a sense, that fuels populism, because people ask, “Why doesn’t the system get a move on?” Everybody knows that it is a problem. I say to the Minister that this is a real opportunity to get hold of this issue, and say that not only will we be outraged, frustrated and angered by it, but we will drive the system much more quickly than at present to work in a way that makes a real difference.

A difference has been made, of course, but let us look at what the report says. In the limited time that I have, I will make a couple of points in each area. Businesses are still not really conforming to the transparency arrangements, which I know the Prime Minister has made a statement about. I say to the businesses of this country that surely every managing director or board of directors deplores slavery, and I challenge them to put their own houses in order—to use their massive purchasing power to invest in companies, businesses and supply chains that conform to the requirements of the Modern Slavery Act.

Anna Turley Portrait Anna Turley (Redcar) (Lab/Co-op)
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My hon. Friend is making a passionate and well-informed speech. Will he join me in paying tribute to the brilliant businesses around the country who understand the agenda and are trying to do their best about it, such as the Co-operative Group, which has brought in a project called Bright Future that guarantees a job placement for anyone who is a victim of modern slavery?

Lord Coaker Portrait Vernon Coaker
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Yet again, the co-op movement shows the rest of us what can be done. I use this debate to challenge businesses to get their act together—to stop just talking and to show the rest of the country in their investment decisions that they mean what they say. One of the suggestions in the report is more transparency. I know the Minister will address that, and the Prime Minister has already started to address that, which is good.

We come to independent child trafficking advocates. That has to be rolled out much more quickly and has to include not only trafficked children, but unaccompanied children, which is a demand of many of the non-governmental bodies. People would be shocked—I know the Minister is—that we save children, and then we lose them. How can that be right? How can it be right that we take children from the traffickers and put them into the care of the state, and then we lose them, and not just for a short period of time? According to the 2017 report from Every Child Protected Against Trafficking and Missing People, 190 of them have gone and we have no idea where they are. That simply is not acceptable. We have to do better.

The report laid out that the role of the commissioner is a challenge for the Government. The commissioner has to be independent. Governments hate that—I know that from my time in Government. They say they love it, but they hate it, because as soon as the commissioner brings out a report that says the Government need to be doing better, the Government usually row back—although I know the Minister will not do this—and say, “If only the commissioner understood the parameters in which we operate.” That is why the suggestion in the report that the commissioner should be moved into the Cabinet Office rather than the host Department might be a way forward.

It is really important that some of the legal applications are clarified, particularly in terms of what we mean by trafficking and modern slavery, and the relevance to the Palermo protocols and so on. There is a job of work to be done there.

I want to labour one point with the Minister, which completely and utterly bedevils the system, and it bedevils me—I find it intolerable. The Government must reconcile the needs of victims with the immigration system. Somebody can be found to have conclusive grounds for claiming to be a victim of modern slavery or trafficking, and yet they end up with no immigration status at all. The Home Office even looks to send home some of the people in that situation. I know the Home Office will say that it will look at this, and that the processes will all be done very carefully, and so on and so forth. I say again to the Minister, all power to her elbow when she points out to the immigration department of the Home Office that these people are victims of the most heinous crimes and should be guaranteed some security of residence in this country, over and above what they are given at present. It simply is not good enough.

I finish where I started. This is a real opportunity. It is a positive report that reflects the good work that the Government and the whole of the House of Commons have done, and it says to the British people that we know more needs to be done, and we are going to do it.

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Victoria Atkins Portrait The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
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It is a pleasure to serve under your chairmanship, Mrs Main, and I am grateful for your invitation to colleagues to intervene on the Minister as much as possible.

I thank the right hon. Member for Birkenhead (Frank Field) for securing this important debate, and for all his work not just in the review—I will thank him and others lavishly for that in a moment—but over the years. We were struck by his recollection of how he was first alerted to the heinous crime of modern slavery, and by the recollections of other hon. Friends and Members around the Chamber. My hon. Friends the Members for Erewash (Maggie Throup) and for Henley (John Howell), and the hon. Member for Rotherham (Sarah Champion) highlighted the various ways that we have all become aware of, alerted to, and are working on efforts to tackle the range of horrendous crimes against humanity that modern slavery involves. Yet again it is a great privilege to take part in a debate in which the tone, I hope, shows the best of this place, with both constructive criticism and the will to work together. I thank all hon. Members and friends for their participation this afternoon.

The Government are committed to the eradication of modern slavery in the United Kingdom and overseas. Our modern slavery legislation is among the best in the world, but we always seek to improve our response. The hon. Member for Gedling (Vernon Coaker) expressed impatience with this place but also with outside, and the hon. Members for Nottingham North (Alex Norris) and for Strangford (Jim Shannon) noted the evolving methodology of slave owners, and the ways they change their criminal behaviour to avoid detection and exploit more vulnerable people, or find opportunities for selling people in a range of ways. That is what modern slavery is about.

Lord Coaker Portrait Vernon Coaker
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On the evolving nature of the legislation, will the Minister do all she can to ensure that some of the negative reporting about the way traffickers are starting to use the statutory defence included in the Modern Slavery Act 2015 does not deter us from using it? That important provision protects vulnerable victims.

Victoria Atkins Portrait Victoria Atkins
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I am grateful to the hon. Gentleman for his question because we have recently seen negative publicity about that issue. We are clear that that defence exists to protect the most vulnerable people in society, particularly children, and we believe that rolling out independent child trafficking advocates—particularly the new forms that we are trying for UK nationals—will help the police and others to understand where that defence applies properly and lawfully.

Victoria Atkins Portrait Victoria Atkins
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I am grateful to the hon. Gentleman for that. Later in my speech, I will deal with hon. Members’ observations about prostitution. I am always happy to look at the example set in other parts of the United Kingdom and elsewhere.

The methodology is evolving, and we have an open-handed, open-hearted response to tackle this very serious crime. I was pleased that the right hon. Member for Birkenhead, my right hon. Friend the Member for Basingstoke (Mrs Miller) and Baroness Butler-Sloss accepted the Prime Minister’s invitation to review the Act because we do not want to rest on our laurels. We recognise that as the crimes develop, so too must the law. I want to put on the record my sincere thanks to those three colleagues for all the work they have done on this. It is quite something to see the work they have drawn together, with the help of the commissioner experts—I have written to them all to thank them. They have done extraordinary work, and we are truly grateful to them.

We are considering all the recommendations of the final report very carefully, and we hope to respond to them formally before the summer recess. Colleagues who are impatient will have to understand that the wheels of Government turn slowly, and that is a swift response. We are working very hard indeed to achieve that. We recognise that this is an opportunity, as the hon. Member for Gedling said.

I will touch on the review’s four themes, and I hope hon. Members will understand that I cannot commit to particular recommendations today. I am delighted that Dame Sara Thornton took up the role of Independent Anti-slavery Commissioner on 1 May. Anyone who has met Dame Sara or had the privilege of working with her knows how independently minded she is. I know from my meetings with her how much she is relishing the opportunity to work in this arena, bringing her policing experience with her. I have no doubt that she will bring some huge improvements to the way in which we deal with modern slavery in this country. It is a vital role that offers independent insight and challenges public authorities to ensure the UK’s response remains among the best in the world. We very much welcome the review’s recommendations on how to ensure the role’s independence, and we are working closely with Dame Sara to take them on board.

Last week, the Prime Minister announced the creation of a new Government modern slavery and migration envoy to help advance the Government’s international modern slavery objectives. That is something that colleagues were keen to recommend. My hon. Friend the Member for Henley gave examples from Nigeria, with which we must work closely because we are sadly a destination for a great number of the traffickers from that country. My hon. Friend will know that the Home Office is using the modern slavery fund to tackle modern slavery in key source countries, including Nigeria, where we have committed £5 million to deal with the issue. Through events such as the Santa Marta Group conference, I have met some of the amazing people who work with people—predominantly women—in Nigeria who are at risk of being trafficked or have been trafficked. I am absolutely convinced about the invaluable role that their work plays.

Lord Coaker Portrait Vernon Coaker
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This is a difficult question, but I will ask it because the Minister is more sympathetic to this than others in the Home Office. She talks about women from Nigeria who may have been trafficked to this country. If they are confirmed to be victims of trafficking through the national referral mechanism and receive a conclusive grounds decision, what immigration status should they have at the end of that?