Stop and Search

Afzal Khan Excerpts

Monday 12th November 2018 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on proposed changes to police stop-and-search powers.

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

The Government fully support the police in using their stop-and-search powers when they have lawful grounds to do so. This is a vital policing tool when used correctly. We will always ensure that police have the necessary powers to keep people safe, and that is why we work very closely with the National Police Chiefs’ Council to keep under review the stop-and-search powers that the police need to help keep the public safe. This House should be clear that we have no plans to change the requirement that reasonable grounds for suspicion are needed before a routine stop and search is carried out.

We are, however, working with the police, including the national police lead for stop and search, to see how we can reduce bureaucracy and increase efficiency in the use of stop and search. The Home Secretary has been clear that that is something we are looking at, and that he will say more on this in due course.

The House will be aware that the Government introduced a comprehensive reform package for stop and search in 2014 in response to evidence that the power was not used fairly, effectively or, in some cases, lawfully. Since introducing those reforms, the arrest rate following a stop and search has risen to 17%—the highest since records began. As the Home Secretary has said, he wants police officers to feel confident, trusted and supported when they are using stop-and-search powers lawfully. If there are things getting in the way of them using those powers, these need to be looked at.

The Government are determined to do all they can to break the deadly and dreadful cycle of violence that devastates the lives of individuals, families and communities. That is why we will always look to ensure that the police have the powers they need and our support to use them lawfully.

[Afzal Khan]

We have all read the reports that suggest that the Home Secretary is pressing for greater use of stop-and-search powers and amending the grounds of reasonable suspicion that currently govern stop and search. Does the Minister agree that that is, in effect, a move to random stop and search not based on evidence? [Hon. Members: “No!”] Okay. Is the Minister aware that the current policy, which he wants to remove, was introduced by one of the Home Secretary’s predecessors, who is now Prime Minister, and that she made that reform of police stop-and-search powers based on evidence, not on chasing easy headlines? Has the Home Secretary bothered to examine that evidence?

The use of the stop-and-search scheme was announced by the then Home Secretary in a statement to Parliament on 30 April 2014. She stated that the principal aims of the scheme were to achieve greater transparency and community involvement in the use of stop-and-search powers, and to support a more intelligence-led approach, leading to better outcomes.

Is the Home Secretary aware of the very poor outcomes of the previous implementation of stop and search, and that the Home Office itself and the College of Policing, as well as Her Majesty’s inspector of constabulary, found that there were only 9% or 10% arrest rates from random stop and search? Does the Minister accept that this was a colossal waste of police resources? As a former police officer, I can tell him that that is the case. Is he aware that, according to his Department’s own research, black people are eight times more likely than white people to be stopped and searched, and Asian people are twice as likely?

Finally, intelligence-led stop and search does work. It is an important tool in the police arsenal. I am in favour of it. The Labour party is in favour of it. Random stop and search does not work, and the Minister has no evidence that it will. We do know, however, that it can poison community-police relations. Is he not trying to distract from the fact that knife crime is soaring under his Government, while they have cut 21,000 police officers?

[Mr Hurd]

I thank the hon. Gentleman for his questions. Unfortunately, this all starts from a false premise, which is newspaper speculation that is entirely wrong. I go back to my statement: this House should be clear that we have no plans to change the requirement that reasonable grounds for suspicion are needed before a routine stop and search is carried out. We are not going back to random stop and search, to use his words.

The hon. Gentleman set out eloquently the case for reform that this Government made on stop and search, which means that stop and search is now conducted in a totally transformed environment in terms of the transparency and accountability around it. We are now at record levels for the ratio between stop and arrest, so we are not going back to the bad old days when over 1.4 million people were stopped with only 8% or 9% of them arrested. That is not what this is about. This is about recognising that we now have a million fewer stops and searches than we did in 2009-10, and that we are—I think on a cross-party basis—absolutely determined to bear down on this horrendous spike in violent crime. We need to be sure that the police have the confidence to use the tools at their disposal, and stop and search is one of those tools. There is evidence that the police have lost some confidence in using it, and what the Home Secretary is setting out in his interviews and articles is his determination to restore that confidence and give the police confidence in the powers that they have. We can look at ways of reducing the bureaucracy and anything else that is getting in the way of that, but this is about trying to save lives.

Oral Answers to Questions

Afzal Khan Excerpts

Monday 29th October 2018 Commons Chamber

[Sajid Javid]

We have made it clear that if there is no deal—which we do not expect, but we need to plan for all eventualities—all 3.5 million EU citizens in the UK will be allowed to stay and welcome to stay.

[Afzal Khan (Manchester, Gorton) (Lab)]

Today, I wrote to the Home Secretary about the Home Office illegally requiring DNA data for people’s immigration applications. We have just had the Windrush scandal, and the EU settlement scheme will be the biggest task that the Home Office has ever undertaken. With an additional 3.5 million EU citizens subject to the hostile environment, it will be a question of when, not if, another scandal will break. The Home Secretary has committed to conducting a review of the structure and processes of the Home Office. Will that review be fully independent, and will it roll back the hostile environment?

[Sajid Javid]

I gently remind the hon. Gentleman that the first Ministers to stand at this Dispatch Box and talk about the hostile environment were Labour Ministers. He should never forget that. Also, almost half the people affected by the Windrush saga were pre-2010. He should reflect on that as well. He is right to say that the EU settlement scheme is large and ambitious, and we are confident that it can be delivered. In our beta testing of the scheme so far, 95% of the people taking part say that it has worked very well for them.

Asylum Seekers: Right to Work

Afzal Khan Excerpts

Wednesday 24th October 2018 Westminster Hall

[Caroline Nokes]

The hon. Gentleman makes an interesting and important point. When I was at the DWP, I was often to be found saying that work was good not only for people’s financial wellbeing, but for their emotional and physical wellbeing. We know that children will have better outcomes if their parents are in work.

I am oft to be heard talking about finding better routes into work for our refugee populations. I absolutely recognise that we have a great deal of work to do in that respect, because the employment outcomes for refugees are way below the general population, and way below where we would want them to be, notwithstanding the fact that we know that many people who come here, particularly under the vulnerable persons resettlement scheme, have specific challenges, which may be about long-term sickness or having large families or children with disabilities. We in this place and in this Chamber will all know that we have established many of our networks, relationships and friendships through our colleagues and through being at work. It is important that we find successful routes in.

I am referencing refugee communities in particular, but it is not lost on me that I receive many representations from right hon. and hon. Members, from the non-governmental organisation community and from individual asylum seekers whom I have had the opportunity and privilege to meet. They, too, would like the opportunity to be able to make a contribution and establish the same levels of networks and friendships that we all do through work.

I am listening carefully to the complex arguments about permitting asylum seekers to work, and I will of course consider further evidence that comes forward. As many Members will know, and as my right hon. Friend the Member for Meriden rehearsed, the Government’s current policy is to grant those seeking asylum in the UK permission to work where their claim, through no fault of their own, has not been decided after 12 months. Those allowed to work are limited to jobs on the shortage occupation list, which is based on expert advice from the Migration Advisory Committee. My right hon. Friend made her point absolutely perfectly by referring to ballet dancers.

The policy aims to protect the resident labour market and ensure that any employment meets our needs for skilled labour. Members will know that the shortage occupation list is currently under review. All asylum seekers can make a valuable contribution to their local communities by undertaking volunteering activities. My right hon. Friend referenced the event she hosted recently alongside Refugee Action. We heard about the experiences of a number of people who had been through the VPRS and the asylum system more generally. The point about language was made repeatedly.

I was most struck by a young lady who had come here on the vulnerable persons resettlement scheme. She had been in the country for only six months and she used what I regarded as a terrible term, which I utterly reject, when she said, “When I came here, I was useless.” That really struck home because in no way was that young woman useless. Within six months she had got herself to such a level of English that she gave a word-perfect speech to a packed room at the Conservative party conference. That will not win many accolades from some Members here today, but conference is a tough gig. It is not always the easiest audience to speak to, but she did it beautifully. She said, “Six months ago I was useless, but now I am sitting here, working, and able to give a speech to you all.” It was hugely impressive. We also heard from a gentleman called Godfrey—the same gentleman my right hon. Friend referenced in her speech—who spoke at length about how volunteering had enabled him to feel that he was making an important contribution and given him back a sense of self-worth.

The hon. Member for Strangford (Jim Shannon) spoke about how his community had wrapped its arms around Syrian families who had been resettled under VPRS. The work that we have done on community sponsorship, learnt from other countries such as Canada, has absolutely shown us that communities are willing to accept and welcome refugees into their midst. They are often best placed to help and are incredibly supportive, providing a network that enables refugees to make friends they can turn to for support in times of crisis. I might sound like a stuck record, but also provided are those all-important routes into work, which we all recognise are important.

[Afzal Khan (Manchester, Gorton) (Lab)]

Will the Minister give way?

[Mr Clive Betts (in the Chair)]

Order. Hon. Members cannot intervene from the Front Bench.

Foreign Fighters and the Death Penalty

Afzal Khan Excerpts

Thursday 11th October 2018 Commons Chamber

[Mr Wallace]

What these individuals who are suspected of an offence and many others have coming is justice. We will do everything we can to work with our allies to see that justice is administered in a way that follows due process and that takes place in a court of law, where there is a separation between the judiciary and the Executive, where people have a right to defence and to make an argument, and where the rule of law prevails. That is what they and anybody else who involves themselves in that type of terrorism has coming to them, and that is what we are trying to uphold.

[Afzal Khan (Manchester, Gorton) (Lab)]

May I also apologise for not being here at the start of the urgent question?

Wednesday was World Day Against the Death Penalty. The Foreign Office Minister in the other place spoke about the Government’s absolute opposition to the death penalty. The Labour party also opposes the death penalty. It is barbaric and was rightly abolished in this country more than half a century go. Yet, at the same time, the Government have agreed to help the US in prosecuting El Shafee Elsheikh and Alexanda Kotey, who could ultimately face the death penalty. I will say no more on this specific case, as it is subject to a High Court challenge.

The Labour party makes it absolutely clear that those who commit abhorrent crimes should face the full force of the law, but in bringing people to justice we should never sacrifice the very values that those who wish us harm seek to attack. We are therefore rightly concerned following the Government’s revelation that, on two previous occasions going back some years, the UK has co-operated with foreign states in cases involving the death penalty. Does the Minister agree that if the Government oppose the death penalty in principle, they must oppose it in every case without exception?

It was revealed in the court earlier this week that the Home Secretary had written to the former Foreign Secretary stating that

“significant attempts having been made to seek a full assurance, it is now right to accede to the mutual legal assistance request without an assurance”.

Can the Minister explain what “significant” means in this context? Also, what response was received from the US authorities when these requests for full assurance were made? Furthermore, what new material factor caused the Secretaries of State to conclude that assurance was no longer necessary, in contravention of the long-standing policy of successive British Governments and their commitments to opposing the death penalty in all circumstances? Why did the Government not renew the death penalty strategy in 2016? Is that an oversight? If not, when do they intend to come to the House to explain the matter? Finally, does the Minister agree that making exceptions undermines our own credibility on human rights issues around the world?

[Mr Wallace]

I think both the hon. Gentleman and I were slightly caught short by the speed of the previous urgent question. I will do my best to answer his questions. Our guidance for upholding our principled position on the death penalty and following MLA requests is contained in the OSJA, published in 2011. Paragraph 9(b) on the death penalty clearly states:

“Where no assurances are forthcoming or where there are strong reasons not to seek assurances, the case should automatically be deemed ‘High Risk’ and FCO Ministers should be consulted to determine whether, given the specific circumstances of the case, we should nevertheless provide assistance.”

It was our view that there were strong reasons not to seek assurances.

This case has no easy solutions. It is easy for everyone to say, “We want justice for the victims”, but the options before this Government, our security forces and our citizens do not include a magic wand to get people miraculously into a UK court or provide evidence that matches the statute book that we happen to have. The strong reasons that, we would say, mean that the rights of those individuals detained are better served by a judicial trial in the United States are that they have a better chance of proper representation in a court of law than if they were left in detention by non-state actors in a war zone in north Syria, sent to Guantanamo Bay—something that the Government oppose fully—or allowed to go back into the battlefield and wreak murder and death in the same way that they have been accused of doing in the past. Those were the options on the table that we as Ministers, charged with keeping people safe and balancing our obligations, and implementing the Government’s policy as set out in the OSJA, have to weigh up. We felt that there were strong reasons not to seek death penalty assurances when sharing the evidence for a criminal trial in the United States.

Asylum Accommodation Contracts

Afzal Khan Excerpts

Wednesday 10th October 2018 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Main, and I congratulate my hon. Friend the Member for Stockton North (Alex Cunningham) on securing this timely debate. I thank all Members for their contributions and for the important and powerful examples they have given from their own areas.

I, too, will start with an example from my constituency. A few months ago I was approached by a journalist who had visited asylum accommodation for mothers and babies in Longsight, Manchester. The conditions he described and evidenced were truly shocking. There were bedbugs on the family’s bed—he sent me photos of the children’s bites—and the mother could not sleep because of the sound of mice. Traps were full of cockroaches, and the extent of the damp was worsening a child’s asthma. Although supposedly for mothers and babies, this was in fact a mixed hostel, with families in the basement, and the upper floors inhabited by men. One mother was forced to stay in such accommodation for months, even after her doctor and health visitor had asked for her to be moved. As I said at the time, nobody, let alone families with children, should be forced to live with cockroaches, bedbugs, damp, leaks and mice.

The even greater tragedy, however, is that that was not an isolated case—we have heard about such things again and again this afternoon. The conditions in much asylum accommodation have long been appalling, and concerns have been raised consistently and by a wide range of parliamentary and external bodies. The Home Affairs Committee, the National Audit Office and the Public Accounts Committee have all published highly critical reports of the current COMPASS contracts.

Less than a year ago, I was in this Chamber discussing urgent recommendations made by the Home Affairs Committee, many of which have yet to be resolved. The Home Secretary is currently sitting on a report from the independent chief inspector of borders and immigration, which was sent to him on 9 July and should have been published within eight weeks. Third sector organisations and faith and community groups have been ringing alarm bells about the contracts for years. Last month, 14 local authorities took the unprecedented step of writing to the Home Secretary to warn that the asylum accommodation system is on the brink of collapse, and that he must personally step in. It is therefore unacceptable and profoundly undemocratic that the Government are taking an “as is” approach to the new contracts, which are due to be renewed next month.

What Labour is calling for, and what a Labour Government would oversee, is the return of responsibility for asylum accommodation, and the billions that come with it, to local authorities. In the absence of that, the very reasonable key recommendations from local authorities and third sector and community groups should be incorporated.

There are three broad issues that urgently need to be addressed. First, key stakeholders are being kept in the dark on the procurement process. Feedback during the consultation was not taken on board, and problems were treated as one-offs, rather than as symptomatic of wider failings. In a letter to the Home Secretary, the leaders of eight local authorities in Yorkshire said they were disappointed by the decision to seemingly limit public scrutiny until the re-tender process was closed. They described the transition to the current COMPASS contracts in 2012 as a failure, with mass sudden homelessness prevented only by local authorities stepping in.

Local authorities, charities and community groups are an essential part of asylum accommodation delivery. They are already central to integrating asylum seekers, and they are the ones who step in when things go wrong. It is essential that the Government are transparent with both the public and Parliament during this procurement process.

Secondly, local authorities lack oversight over asylum accommodation. Asylum seekers are not evenly distributed across the UK, with 35 local authorities—less than 10% of the total—hosting three quarters of the asylum seekers in dispersal accommodation. Many towns and cities across the north of England have more asylum seekers in a handful of wards than entire regions in the south and east of the UK. This often causes problems in local areas, especially as local authorities have no power to veto where accommodation will be procured.

I outlined earlier the awful condition of some accommodation. Local authorities need the power to inspect properties and safeguard vulnerable people. Despite being the ones who step in when contracts fall short, often to prevent destitution, local authorities do not have the power to regulate the conditions of asylum accommodation. The new contracts must give more powers and resources to local authorities to oversee and inspect accommodation in their areas.

Finally, all these measures must improve the shocking conditions of asylum accommodation. No one should be forced to share a bedroom, and providers should respect local rules on homes in multiple occupation. There must be better provision for vulnerable asylum seekers. To highlight just one example, pregnant women are being moved late in their pregnancy and at very short notice, interrupting their maternity care. That can have a significant impact on the mental health of the women, who have often already faced significant trauma. Maternity Action has called on the Government to require contractors to comply with existing Home Office guidance on the dispersal of pregnant women and new mothers and to collect data to enable the Home Office to monitor compliance with that guidance.

The proposed COMPASS contracts are worth £4 billion and will be binding for the next 10 years, with no review period built in. The previous contracts did not have adequate review provisions, but there was at least a break clause after five years. So far, the Government have not recognised or addressed the wide-ranging criticisms of the current arrangements. Will the Minister commit to taking a more transparent approach to ending the appalling conditions that are, at the moment, common in asylum accommodation?

--- Later in debate ---

[Caroline Nokes]

I thank the hon. Gentleman for making that point; I will certainly think about it.

On break clauses, there are indeed mechanisms within the contracts being proposed to ensure that any changes that the Home Office wishes to make in the future can be enacted appropriately, so these are not contracts that are set in stone for a 10-year period. As I said, there is a break clause at seven years, but we will also have the opportunity to make changes that we may need to make.

[Afzal Khan]

I thank the Minister for giving way. I have two very simple questions for her. First, can she tell us what significant improvements there will be in the new contracts? Secondly, can she say whether there will be any penalties for any breach of contract or poor performance?

[Caroline Nokes]

I thank the hon. Gentleman for that intervention. I am conscious that I only have a couple of minutes left and I was hoping to move on to the bits of my prepared speech that actually include those points.

Alongside the Ministry of Housing, Communities and Local Government, we continue to explore how central and local government can work better together to enable us to meet our international commitments and to let service providers, local partners and civil society play their part. We are currently working with a number of local authorities to develop a place-based approach to asylum and resettlement, and considering how closer working and greater collaboration could work in practice.

As I have said, I have met many local authorities and the devolved Governments, but we are determined to improve standards and will stipulate more standardisation in the initial accommodation estate. That will ensure that there are dedicated areas for women and families, and more adapted rooms for those with specific needs, including pregnant women.

The new contracts will improve service-user orientation, to help service users to live in their communities and access local services. There will be better data-sharing with relevant agencies, to better join people to those services. The new contracts will also focus on safeguarding and improvements to support—

British Citizenship Fees: Children

Afzal Khan Excerpts

Tuesday 4th September 2018 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

It is an honour to serve under your chairmanship, Mr Hollobone. I thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for securing this debate and also the other Members who have contributed. There appears to be a consensus that the amount charged is not acceptable.

As of April this year, the cost of registering a child for citizenship was £1,012—a 51% increase since 2014. There are no exemptions, waivers, reductions or refunds for the fees, even though the Secretary of State has the power to make provision for them. Such outrageously high fees mean that children from poor and low-income families are prevented from accessing their right to citizenship. Constantly increasing the price of an application makes it almost impossible to plan for future costs, and increases the chances of people losing status because they cannot afford the price. It is important to stress that the children would not be claiming anything. They are not paying for citizenship to be granted by the Government, but for their existing entitlement to citizenship to be recognised.

Speaking to the Home Affairs Select Committee, the Home Secretary said the fee is,

“a huge amount of money to ask children to pay for citizenship”.

He said he would

“get around to”

looking at fees. My first question to the Minister is: has anybody got around to looking at the issue yet? The aspect of fees that I personally have greatest difficulty with is the profit that the Home Office makes on the applications. Of the £1,012 that is charged, £372 is the cost of administration and almost two thirds is profit. The Free Movement website estimates that the Home Office has made nearly £100 million in profits over the past five years. Such profits are unjustified because it is far from clear where the profits go.

It used to be the case that additional charges on visa and citizenship application fees contributed to a migration impact fund, which had a direct and measurable impact on communities experiencing high levels of migration. One of the first things that the coalition Government did was to scrap that widely praised scheme. They have since introduced a controlling migration fund, which is less accountable and less directly measurable than the previous scheme.

The profits are also potentially unlawful. The Secretary of State has a duty to safeguard and promote the welfare of children and to act in children’s best interests. The high cost of fees is in conflict with that duty. The impact assessment for the latest fee increase makes no reference to children and protecting their rights. Protecting the welfare of children has become even more vital as the hostile environment extends to more and more aspects of everyday life. Many children do not even know that they need to register for citizenship until they are prevented from taking out loans and going to university, accessing the NHS, or even going on school trips.

The costs of citizenship are not only contained in the fees. Recently, a family in my constituency approached my office for help; they were at the end of their tether. They had already paid the enormous cost of citizenship for their child. They were then asked to pay for a DNA test, even though the Immigration Minister had said that that was not Home Office policy. The family had only a week to get all the information together. In the end the application was refused, and they had to pay for an appeal. In total they have paid £1,783, and they were not in the best financial circumstances to begin with.

The immense complexity of our immigration and nationality system and the lack of legal aid, coupled with constantly increasing fees, makes it very difficult to gain documentation as a young person in the UK. I want to touch on why it is important for young people to have citizenship rather than other forms of temporary or permanent leave. It is vital that children have certainty about their lives and future prospects. Registering citizenship ends a young person’s engagement with the laborious, complex and high-cost immigration process. It is also vital to a young person’s identity that we, as a country, recognise that they are British. Other forms of leave do not reflect the identity that the young person might feel very strongly in themselves. It can be humiliating for someone who has no other place to claim as their home not to have the ability to rent a property, get a job and open a bank account with the most obvious form of ID—a passport.

In conclusion, the Government are undertaking a lessons learned review of Windrush. An essential part of that is to make sure that such a disaster never happens again. We have a large population of undocumented citizens who are a ticking time bomb for another Windrush-like scandal. The issue should be treated with urgency. Will the Minister set out what steps she is taking to review fees for registering children as British citizens in the immediate future?

--- Later in debate ---

[Caroline Nokes]

I refute that. The Government very clearly have a separate shortage occupation list for Scotland, which I would have made clear at the Scottish Affairs Committee and am doing again today. The Migration Advisory Committee has specifically looked both at sectors and at regions. We absolutely believe that immigration policy should be reserved and I will continue to hold that view. However, I used the opportunity of the parliamentary recess to travel widely—to Scotland, Northern Ireland and, just last week, to Wales—to hold roundtables with business people and to talk to them about the impact of Brexit on labour mobility and their expectations. All of that work is important to me and feeds into the forthcoming policy on immigration post- Brexit.

I hope that I have reassured the hon. Member for Manchester, Gorton that we have got round to looking at this. He asked specific questions about safeguarding children and the impact assessment for immigration and nationality fees. The Home Office takes its responsibility for the welfare of children very seriously. We make sure that we treat children with care and compassion and that is an absolute priority. I want to make it clear to him that citizenship, unlike leave to remain, is not a necessary prerequisite to enable a person to remain in the UK and enjoy any of their convention rights. As such, the Home Office’s view is that there is no breach of the European convention on human rights in requiring a person to pay a fee for citizenship applications.

[Afzal Khan]

Will the Minister explain why it is appropriate that children should pay fees to subsidise a visitor who is coming to Britain for a short period?

[Caroline Nokes]

I would very gently point the hon. Gentleman to the Immigration Act 2014, which gives us the ability to set fees. That has enabled us to look very carefully at the range of services provided by the borders, immigration and citizenship services and to make decisions accordingly. I am sure that he would agree that we want visitors to come to the UK to contribute to our economy. Particularly over the coming months and years, it is absolutely imperative that we make Britain an outward-looking, open country where visitors can come easily and help us to continue our sustained economic growth.

I am committed to reviewing our approach to setting fees for visa, immigration and nationality services, including taking account of the issues raised in this debate, the debate in the House of Lords in June and representations made to me elsewhere. As I have said, with fees from immigration and nationality services bringing in more than £1.3 billion of income per annum, which contributes significantly to our ability to afford and maintain a secure and effective border, decisions have to be taken in the round.

In the meantime, the Government remain entirely committed to maintaining the welfare of children who come into contact with the immigration system, ensuring that they are treated fairly and humanely. I am sure we will return to this issue, and that the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East will not let it go. As I have said, I have noted the strength of feeling expressed by all who have spoken today and I have given my word that I am giving active consideration and am keen to see it brought to a resolution.

TOEIC Visa Cancellations

Afzal Khan Excerpts

Tuesday 4th September 2018 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I thank my hon. Friend the Member for Ilford North (Wes Streeting) for opening the debate in such a powerful and forceful manner. I also thank all other Members who contributed.

The situation of TOEIC students has a long history. The original controversy came to light in 2014, when BBC’s “Panorama” uncovered an unacceptable situation of bogus colleges and fake tests through which people were illegitimately gaining UK visas. There was a crackdown, and the Government revoked or curtailed the visas of thousands of students. We have now reached a point where the pendulum has swung too far in the other direction. Thousands of innocent students have been victims of the crackdown. A prolonged and unnecessarily hostile legal fight with the Home Office has taken years to reach a settlement. The effect on innocent people caught up in the TOEIC scandal has been catastrophic and constitutes a grave injustice. The Government have not confirmed the numbers, but I have seen estimates that between 4,000 and 7,000 students have been falsely accused of faking their tests and deported.

Four years after the scandal, many students still have no resolution to their cases. For many, their mere presence in the UK was made unlawful. They have been subject to the hostile environment, stripped of the right to study, to work, to find accommodation and to access banking and NHS services. Because the charge is of having engaged in fraud, many students have felt compelled to stay in the UK to clear their names. They are unlikely to obtain entry clearance in the future without removing the charge from their record.

In 2016, the Home Affairs Committee heard from a witness who clearly said that they did not cheat on their English language test. They were arrested, their home was searched and they were taken to prison and made to wait 20 hours until somebody came and told them why they were even there. The combination of a traumatic event like that, followed by years of legal uncertainty over their status, has caused psychological and emotional damage, potentially to thousands.

The TOEIC scandal and the prolonged aftermath expose two wider problems in the Home Office. First, the appeals process is insufficient and is not conducive to swift justice. High fees, the stripping back of appeal rights, the lack of access to legal aid and the hostile environment combine to make it very difficult for people to seek justice and rectify wrong Home Office decisions. Initially, the TOEIC group was only allowed out-of-country appeals. It took a prolonged legal fight to establish that they should have the right to contest the decision in the UK. It is extremely difficult to launch an out-of-country appeal. The technology often does not work and any difficulties can result in a case being postponed for months.

The Financial Times featured the case of a man who emigrated to the UK from Bangladesh. His student visa was suspended over allegations he cheated on an English language test in 2014. He returned to Bangladesh and now faces a two-hour walk to the nearest place where he can use the internet to make an international telephone call. His case has been adjourned until December, leaving him with months of uncertainty before he can clear his name. He described his situation as follows:

“My future is being destroyed here, not only financially but morally”.

In the case of Ahsan, which was decided at the end of 2017, the judges ruled that students who had lived and studied in the UK for a number of years should not be summarily removed from the UK with only an out-of-country appeal. The NUS is aware of at least eight cases currently before the Court of Appeal that are due to be heard in November. Is the Minister aware of any ongoing cases where appellants are not allowed to be in the country? Will she confirm what the Home Office’s approach is to TOEIC appeals? Will the Home Office restore the rights of those appealing while their case is being decided?

The second issue that has been exposed by the TOEIC issue is the Home Office’s lack of a human face. Many of the students accused of cheating on their English language tests have never had the chance to speak directly to anybody at the Home Office about their case. Many of the students accused of cheating speak very good English. I heard of someone studying for a degree in English literature who was accused of cheating on their English language test. Why would someone possibly cheat when their vocabulary is wider than that of many MPs? Can the Minister tell us if those accused of cheating will have the chance to sit their tests again to prove that they can pass on their own?

Throughout the Windrush scandal, we heard calls for the return to a face-to-face approach in immigration. Lucy Moreton from the ISU, the union for borders, immigration and customs staff, said that face-to-face interviews with visa and immigration applicants vanished around 2014. That had a bearing on the Windrush scandal, and it clearly has had a bearing on TOEIC as well. As part of her review of Windrush, and of the Home Office’s handling of the TOEIC scandal, will the Minister commit to reintroducing a human face to the Home Office’s approach to visas and immigration?

--- Later in debate ---

[Caroline Nokes]

The hon. Lady asks whether the Home Office has offered compensation. We have not, because what we have seen in successive High Court judgments is that our ability to rely on an accusation of fraud was appropriate. We heard a lengthy quote from a senior High Court judge, who, it is interesting to note, said in a subsequent case that new evidence that the Home Office had provided was focused and much more substantial. That same judge also found that evidence was sufficient to make our accusation of fraud.

[Afzal Khan]

The question that is being asked is not about the Home Office being right in some cases. The question is, in the cases where it has been wrong, has it offered any compensation?

[Caroline Nokes]

The Home Office has enabled people to take cases to judicial review. The Home Office has established that we can rely on the evidence of fraud that we very clearly have, and the links to criminal gangs. It is important that we recognise that there was significant, widespread and indeed very lucrative fraud taking place in these cases. Our enforcement investigations uncovered evidence of impersonation and of proxy test-takers. I very much regret that this has happened. Innocent applicants may well have been caught up in widespread fraud, but we also have reports from judges that there were a number of different reasons why individuals might have undertaken the deception, even if they spoke very good English.

Non-EEA Visas: Inshore Fishing

Afzal Khan Excerpts

Tuesday 17th July 2018 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Betts. I, too, congratulate the hon. Member for Moray (Douglas Ross) on securing the debate.

Fishing is an economically as well as culturally important sector for the UK. The UK fishing industry employs approximately 12,000 people, of whom an estimated 20% are non-EU migrants. As demonstrated by the passionate speeches in this debate, the sector faces an acute labour shortage. This is a common thread in a number of sectors: agriculture, care work, hospitality and the NHS are all already suffering from labour shortages. The net migration target, delays in the immigration Bill and lack of clarity in the Brexit White Paper all contribute to uncertainty and potential exploitation in these areas. The Government must get past Cabinet infighting on Brexit and provide these vital sectors with clarity and security for the future.

For the last eight years, the Government’s migration policy has been driven by a wrong-headed net migration target. Reducing numbers is put ahead of the concerns of business and our economy. Fishing is a prime example of a sector that has suffered under this target. The Home Affairs Committee found that the net migration target undermines public confidence,

“because it acted as a quarterly reminder that the Government was unable to control immigration in the way it had promised.”

As the Institute of Directors and many other business groups have pointed out, it is a completely random number, plucked out of thin air because it sounds good, absent of any understanding of the needs of our economy. Recent concerns around the quality of data underlying the target should be the final nail in the coffin for the net migration target. With such serious doubts around the data underlying these net migration figures, an immigration policy that drives only towards reducing the net migration numbers is impossible to defend.

The immigration Bill that was originally promised last year has been pushed back to the autumn, brought forward to this side of the recess and pushed back again to the end of this year. The Government have been saying for months that all migration concerns will be addressed by the Migration Advisory Committee’s report. I found it astounding that the Government do not feel the pressing need to address this issue. While there are, of course, concerns about migration post Brexit, a number of sectors, such as inshore fishing, are suffering labour shortages now, even with access to the free movement of labour. These sectors cannot wait for the vague promises of clarity in the MAC report in September. The MAC’s remit is broad. There is no guarantee for fishing, agriculture or any other sector.

[Angus Brendan MacNeil]

The hon. Gentleman is absolutely correct: we cannot wait until September for that. Although some of the newspapers might not be here, this debate is being watched outside. I have just received a message from my constituent. Christina MacNeil said:

“Surely this will be resolved as soon as possible—it’s not rocket science to see the benefits that will be gained.”

I thank the hon. Gentleman for making that point.

[Afzal Khan]

I agree with that comment. The sectors that are suffering will be central to the MAC’s recommendations. Even if they are, we will have to wait for a Government response and it will take time to implement whatever the proposed scheme turns out to be. The Brexit White Paper published last week contained only 20 paragraphs on immigration. They are very narrow. There is no mention of what the proposals will be for low-paid, so-called low-skilled workers, often found in the inshore fishing industry. At this point, there is no time for the Government to bring an immigration Bill before the recess. I hope that when we come back in September they will move quickly to provide clarity and reassurance to sectors already suffering from shortages.

I would like to address briefly the risk of exploitation in this sector. In the last 10 years, deeply concerning reports of slavery and human trafficking aboard British fishing ships have come to public attention. Isolated working combined with poor regulations makes fishing workers particularly vulnerable to abuse. Remedies are often out of reach. Living conditions are often poor. Many migrant workers live aboard their vessels while in port. These vessels are not designed for long-term living. This sector is already hard to regulate. Certain visa arrangements are leaving workers at a higher risk of exploitation. The current transit visa system and 12-nautical-mile exemption leave loopholes open for exploitation. Without the opportunity to build a network in the UK, workers are less resilient. It is vital that whatever scheme we end up with, workers are not tied to their employers in the way that we have seen with domestic workers.

The Gangmasters and Labour Abuse Authority has done good work in the area of labour inspection and enforcement, but its remit is very narrow, covering only food processing, agriculture, horticulture and shellfish gathering. The UK’s enforcement model is complex and confusing. A number of different bodies are responsible for different parts of the labour market. According to Focus on Labour Exploitation, the UK has one of the poorest-resourced labour inspectorates in Europe. The International Labour Organization recommends a target of one inspector per 10,000 workers. The UK falls well below that target, with one inspector for every 25,000 workers.

It is vital that proactive inspection efforts are increased as we leave the EU and new opportunities for exploitation arise. Self-identification among victims of exploitation is low. The most vulnerable to abuse are the least likely to come forward. This includes migrants, who, faced with a hostile environment, are fearful about their immigration status and potential immigration repercussions for them coming forward.

In conclusion, the Government’s migration policies have, so far, been driven by the net migration target and Tory infighting on Brexit. The inshore fishing sector provides stark illustration of the damage of this approach. The Government have again delayed the immigration White Paper. Sectors such as fishing cannot wait another year for clarity on their future workforce. The Government must get on with announcing their future migration policy and ensure that it provides adequate protection for vulnerable workers.

[Mr Clive Betts (in the Chair)]

I remind the Minister to allow a minute at the end for the mover of the motion to respond.

Oral Answers to Questions

Afzal Khan Excerpts

Monday 16th July 2018 Commons Chamber

[Caroline Nokes]

There is clear and published guidance on how a family unit may be defined, and on the separation of individuals from their family group for immigration reasons. Cases may involve pre-existing separation of family units for non-immigration reasons. For instance, in the case of foreign criminals, children might already have been taken into care when the individual received a custodial sentence.

[Afzal Khan (Manchester, Gorton) (Lab)]

The Prime Minister has condemned Trump’s family separation policy, but this Government’s hostile environment separates parents from their children every day. As my hon. Friend the Member for Wakefield (Mary Creagh) pointed out, last week the Home Office was forced to pay £40,000 in damages for falsely imprisoning a father, unlawfully separating him from his daughter for three months. The Home Office failed at every stage of the process. The Home Secretary has said that he will pause the hostile environment, but immigration detention is a key part of it. Will the Government look again at indefinite detention, and at the use of detention more widely, and publish the Shaw review in good time for us to examine it before the summer recess?

[Caroline Nokes]

The hon. Gentleman will have heard me say that some cases might involve pre-existing separation. As I have highlighted, back in 2009 there were more than 1,000 children in detention, and that number has now been reduced to 44. The Home Office has acknowledged the mistakes that were made in the case he mentioned, but it is important to reflect on the role that detention plays in ensuring that those who have no right to be here and no right to our public services are removed in a timely manner.

Draft Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018

Afzal Khan Excerpts

Monday 16th July 2018 General Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Christopher.

The Labour party opposes this draft statutory instrument. Significant powers to collect biometric data have been too widely defined and the regulations have been drawn up without regard to vulnerable groups, adequate consultation or the Brexit negotiations.

Our first area of concern is the scope of the powers in the draft regulations. Will the Minister clarify what data the Home Office will collect, and from whom, under this statutory instrument? The EU settlement scheme says that EU citizens will be required to provide a facial image, but does not mention other biometric data. Will she confirm that EU citizens applying for settled status will not be required to supply, beyond a facial photograph, fingerprints or other biometric data? Will she also confirm that the draft regulations do not allow any changes to those requirements without coming back to Parliament? Will she confirm that the Home Office will not have the power to collect biometric data beyond fingerprints for non-EU family members of EU citizens?

The Home Office has repeatedly emphasised that the application process will be streamlined, user-friendly and entirely digital. Will the Minister confirm that requiring applicants to provide biometric data, including fingerprints, means that an application cannot be completed online? That will place further barriers to registering this large population before the end of the implementation period, and increase the likelihood that we will have a large undocumented population, come the end of the transition period.

The draft regulations deal with family members of EU citizens, but do not specify to which family members they refer. That leaves open the possibility that British-born children, or children who have spent most of their life in the UK, may be required to pay to provide biometric data. Can the Minister confirm that special consideration will be made for children, so that they do not have to go through the lengthy and expensive process of providing biometric data? The Migration Observatory has highlighted the children of parents who either do not apply for settled status or do not know that their children need to apply as being particularly at risk. How is the Minister further protecting children who are dependent on their parents for a settled status application?

Secondly, we are concerned that not enough is being done to mitigate the impact of this measure on vulnerable groups. Not enough has been done to reduce the costs for citizens with lower income. In the case of a family of five, regardless of their financial situation, they will need to pay £227.50 to apply for a status that they did not need before. This is a significant cost for individuals and families to bear, and might even deter them from applying for settled status, which would leave them vulnerable, as they might become undocumented in the country. What financial assistance will the Government provide to low-income people who need to apply for settled status?

Can the Minister also confirm whether providing biometric data to the Home Office will be an additional cost, and therefore an additional barrier, to applicants? The former Immigration Minister spoke to the Lords EU Select Committee in December and assured it that we could forgo health insurance for students and those who are economically inactive. There is no mention of that in the statutory instrument, so can the Minister confirm those comments?

Although it is welcome that, to some extent, advice and support for applicants will be provided, it is not clear what the scope of that assistance will be, or how many caseworkers there will be and what training they will receive. The Minister has talked before about a customer contact centre. Can she provide any further information about who will staff the centre and whether information disclosed to it will be passed to immigration enforcement officials?

The question of how employers, landlords or banks have been consulted on the settled status scheme remains ambiguous. Applicants need to prove their status to these people or bodies in order to obtain a work contract, bank account or rental agreement. There is already evidence that EU citizens are being discriminated against in the rental and employment markets. What specific consultation has taken place with employers, landlords and bank groups on the settled status scheme and how has their advice been incorporated thus far?

We are concerned that successful applicants will not be given any physical document that evidences their status, as current biometric residence card holders are. This is a serious problem for the digitally illiterate. For example, there are particular concerns among the Gypsy, Traveller and Roma communities that this decision will effectively amount to exclusion of their communities, so will the Minister consider introducing physical proof of status?

Our third area of concern is around the lack of consultation. Paragraph 10 of the explanatory memorandum says:

“The Home Office has not undertaken a full public consultation, but the policy has been discussed with its internal and external stakeholders, such as groups representing EU citizens in the UK”

and other groups. What specific groups have been consulted to represent EU citizens in the UK, and how have their assessments of the amendments been incorporated in the draft? Also, what further details can be provided about the future full public consultation that will take place?

Paragraph 5 of the explanatory memorandum says that the Minister for Immigration believes this statutory instrument is compatible with the European Convention on Human Rights. However, as this statutory instrument deals with collecting biometric data, we do not believe that it is enough for the Minister to make that judgement on her own. Will she carry out a full and thorough consultation on the instrument’s compatibility with the European Convention on Human Rights?

Paragraph 12 of the explanatory memorandum says that the impact on the public sector

“is expected to be minimal as these Regulations only affect individuals.”

Tens of thousands of EU nationals work in our NHS and public sector. The Scottish Government are paying for all public sector workers’ settled status applications. Will the Minister consider doing that for other parts of the UK too?

Finally, we are concerned about the potential impact on negotiations with the EU. The statutory instrument has been drafted without regard for the Brexit negotiations or the EU law that still applies to the UK while we are a member of the EU. The Government have consistently neglected the negotiations. The previous Secretary of State for the Brexit Department hardly visited Europe for negotiations, and the new Secretary of State has decided to take an evening off rather than attend the first day of the first round of negotiations since he got the job.

[Richard Graham (Gloucester) (Con)]

The shadow Minister is making a number of points. Clearly there is a pay-off between full and maximum consultation and having something that is implemented in a timely way, so that it is available for people as soon as possible. On his second point—which is beginning to deviate into personal criticism of the politicians involved—does he accept that, for those of us on the Brexit Select Committee, this is an incredibly important development that is absolutely in kilter with the tone of the negotiations, which is to resolve problems for citizens, whether European or British?

[Afzal Khan]

I thank the hon. Gentleman for his question. I do not disagree that it is important; that is precisely why I am asking the questions. It is vital that we get this right.

What discussions has the Minister had with the EU to establish whether it will accept the provisions in the instrument, and what evaluation has she carried out to establish that the powers are legal while we are still members of the EU, given that we are not requiring UK citizens to submit the same kinds of data? There are serious concerns that the EU settlement scheme will cause an explosion of bad advice from phoney solicitors, exploiting vulnerable applicants. With vital protections stripped away in the recent Data Protection Act 2018, there is an even greater need for good advice. What is the Minister doing to make legal advice available for those who need it among the 3.6 million?

I have outlined the serious concerns that the Labour party has about the statutory instrument. The powers have been insufficiently defined, there has been no thorough consultation, and there has been too little regard for our negotiations with the EU. The EU settled status scheme is being introduced in the context of the “hostile environment”. Ministers have claimed that the process will be straightforward and streamlined, and that caseworkers will be given the benefit of the doubt. However, such an approach would require a total overhaul of the culture and training in the Home Office. I do not believe that that can be achieved in 18 months, so it is essential that we protect all the safeguards, checks and balances that we can.