Nationality and Borders Bill

Alison Thewliss Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

I observe in passing that provisions in this part of the Bill that refer to unreasonable moves being taken in tribunal by applicants is something on which the Government should proceed with great caution. We have all seen through our own constituency case loads the way that the immigration services operate, and I suspect strongly that if the same test were ever applied to the Home Office as the Home Office seeks to apply in this case to applicants, it would find itself in some significant difficulty.

[Alison Thewliss (Glasgow Central) (SNP)]

I rise to support the amendments in the name of my colleagues. I also speak in my capacity as chair of the all-party parliamentary group on immigration detention. We have many concerns about the Bill. As my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) mentioned, there is a degree of overlap between what I wish to say today and some of the measures that we addressed yesterday.

The UK Government propose a quasi-detention system for new arrivals. The all-party parliamentary group on immigration detention has taken a great deal of evidence on the harm that such facilities cause. We looked at Napier and Penally barracks, and others such as Tinsley House and Yarl’s wood, which were used for quasi-detention. We found, very much so, that these facilities undermined the health of vulnerable people, dehumanised them and also made vulnerable those who did not consider themselves that vulnerable to begin with.

Those facilities featured: physical and social isolation; prison-like conditions with people feeling under surveillance 24/7; and shared facilities, meaning a lack of dignity and privacy, and, of course, during the period of covid, the risk of covid, which the Government failed to take into account, basically facilitating an outbreak among those unlucky enough to be living there. Due to their very nature, the facilities also ended up being targeted by the far right, further making those who happened to be living there very, very vulnerable.

The evidence that we received in our inquiry found a lack of safeguarding, healthcare and access to legal advice. The Home Office equality impact assessment on the facilities set out that people seeking asylum were not analogous to British citizens and other permanent residents in need of welfare assistance. As we heard yesterday, facilities such as these and offshoring facilities were tried, and failed, in Australia.

The implication of what we are discussing today was discovered by the Jesuit Refugee Service, which in the course of its work encountered residents at Napier barracks whose asylum screening interviews had revealed clear indications of trafficking, yet individuals had been transferred to those sites when they should never have been there in the first place. This happened initially, which could perhaps be accepted as a mistake or oversight, but also as late as June 2021, when such issues should not still have been going on, and people should have been identified as victims of trafficking. Solicitors engaged in the site found similar circumstances, where people who had been trafficked ended up in this inappropriate accommodation.

The provisions are concerning in a number of ways, because such facilities are difficult for people to be in. I had a conversation with somebody earlier in the week who suggested that the UK Government and the Home Office have not thought this through. I disagree with that in some respects, because to me this is a very deliberate policy of removing people from legal support—their opportunity to make the best case of putting themselves before the immigration system—and from communities, where they could build links, settle in, make friends and engage with people who had perhaps come from their own countries. It is a deliberate policy of removing people from the healthcare and support they need to get well and recover from trauma. All those things make it easier for the Government to send these people away—and that is not done in the name of my constituents or my party. We do not agree with the proposals and this ideological pandering to the lowest common denominator, because the people we are speaking about are very vulnerable.

I fully support amendment 6 on late disclosure, because the provisions place people, such as those who ended up in this quasi-detention system, in a trap. I see people in my surgeries week in, week out who are already disbelieved by the Home Office. It puts people at risk to say that if they do not disclose everything at the point where they are being told that they must disclose, the case will be stacked against them.

[Chris Stephens (Glasgow South West) (SNP)]

Is this provision not of huge concern to constituents in Glasgow South West and Glasgow Central—women, in particular, who have been subjected to sexual violence and would not necessarily disclose that at the first interview?

--- Later in debate ---

[Alison Thewliss]

Indeed; they may take a long time, and may not have the language, to disclose that very traumatic experience. Those who were held in this quasi-detention system were not necessarily even provided with notice of their substantive interview. It was sprung on them, in many cases with very little notice. Let us imagine someone being woken up in the morning by somebody saying, “Today’s the big day—your substantive interview. Spill your guts”, and their not having the capacity to explain what happened to them, having not processed the trauma that they have been through, yet if they do not do so there and then, their case may fall apart completely. That is a brutal system, but not only do the Government have that system just now, they want to roll it out yet further.

[David Linden (Glasgow East) (SNP)]

I am grateful to my constituency neighbour for giving way. She is absolutely right, as is my hon. Friend the Member for Glasgow South West (Chris Stephens), to place on record the fact that many women, for example, who have experienced sexual violence, will not feel comfortable declaring that in the first interview. Does she agree—we see this in our cases in Glasgow—that one of the common concerns that we get from constituents is that quite often when they go to these interviews, the person interviewing them does not have any qualifications or knowledge on these matters, and that therefore these constituents of ours, who she is right to say are incredibly vulnerable, pick up very quickly that even if they try to explain the situation to somebody, that person will not actually understand?

[Alison Thewliss]

Yes. I am sure that like me my hon. Friend has read through the transcripts of people’s substantive interviews, including some of the ludicrous questions that people have been asked by Home Office officials. There is just a lack of understanding of the trauma that people have been through. There is no way by which people are understood; rather, the Home Office is trying to catch people out at every turn. It is a game that people are not equipped to participate in.

The Government are failing victims of trafficking, both male and female. As difficult as it is for many women to explain how they have been trafficked, men who have been trafficked for sexual purposes will also find that very difficult to explain, particularly those who have been housed in mass accommodation such as Napier barracks; they will find it difficult to live among other men and to deal with that trauma there as well.

There was no privacy in Napier, Penally and the other facilities. Those men were asked to give their substantive interview and to speak to their lawyers without any privacy whatever, in common spaces such as kitchens. To explain their cases in earshot of other people, without having the privacy and the dignity that they should have, retraumatises people all over again. The Government should be ashamed of treating people this way. It is inhumane.

I want briefly to mention the work of the Trafficking Awareness Raising Alliance, based in my constituency in Glasgow, which does amazing work to support women who have been trafficked. In my experience, the Home Office is not doing its bit. A woman came to speak to me at a surgery in 2017. She had limited English and had clearly been through traumatic experiences. She had first been encountered by the police in 2014, three years prior to coming to me, but did not receive her substantive interview until 2017, and my office was still working on her case two years after that. How is somebody supposed to get on with their lives, heal, move on and make a new life for themselves away from trauma, when they are reminded of that trauma every day when they wake up in the morning—if they manage to wake up in the morning, because many also suffer lack of sleep and other symptoms of trauma?

The Home Office is not doing its bit. Although people should not be rushed into making disclosures, once they have done so and the case is under way, the Home Office should ensure that it is not delayed by petty bureaucracy. A lot of the bureaucracy in the case that I mentioned was as simple as getting the woman’s name and date of birth right, but we were going back and forth for months. The Home Office comes to lecture all of us on the asylum system being broken in this country, and I agree that it is certainly broken, but what the Government are proposing is certainly not the way to fix it.

[Several hon. Members rose—]