Nationality and Borders Bill (Fourteenth sitting)
Anne McLaughlin Excerpts(3 years ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Stuart C. McDonald
No, I am not saying that. What I am advocating is the position at present—that the decision maker looks at all the evidence that is available in the round. If somebody is 50, I cannot imagine them needing an invasive scientific procedure to establish that they are over 18. I am not by any stretch of the imagination saying that we just take somebody’s word for it. I am advocating for the status quo. By all means the Government can introduce some sort of advisory board, but that should not supplant and take over the functions of local authorities—but that, unfortunately, is how I see these new clauses working.
The new clauses suggest that there will be implications for a person’s credibility if they choose not to undergo the medical procedures. I object, as a point of principle, to Parliament telling decision makers what to think about someone’s credibility when it is those decision makers—not us—who know the circumstances of the decision that they have to make. It is particularly objectionable given that professional medical bodies thoroughly object to these so-called scientific procedures. Despite the fact that professional bodies have said that these tests are inappropriate, the Government are telling decision makers that, if a young person says, “Well, the medical professionals say this is inappropriate, so I won’t undergo this,” they must find that young person lacking in credibility.
I repeat the point I made in relation to earlier clauses about the impugning of the credibility of those making statements on someone’s behalf. It is especially bizarre that a medical report by a multi-disciplinary panel of experts could have its credibility maligned simple because a child or young adult refuses to undergo one of these so-called scientific methods of testing introduced through regulations by the Secretary of State. Not only is it bizarre; it also undermines the fundamental idea that people should be able to give free consent to medical procedures and examinations, and not be pressured into them. Similarly, it undermines the principle that such a procedure should happen only if it delivers a scientific benefit for that person.
What consultation has there been? We have not been able properly to scrutinise or ask questions of relevant witnesses in relation to these specific provisions. Is consent to be sought from devolved Governments on the basis that large tracts of these new clauses relate to how local authorities should exercise functions related to devolved legislation? In the absence of assurances on any of those fronts—the evidence of problems, proper consultation and devolved consent—the case for change is absolutely not made. On the contrary, there are all sorts of dangers in these clauses that could have serious consequences for children.
Anne McLaughlin (Glasgow North East) (SNP)
I will be brief, as I have just a couple of questions. Ethics aside, as is the want of this Government—if that is not the case, why are they running away from the amendment tabled by the hon. Member for Sheffield Central?—I want to look at the issue of estimating the maturity of a child’s skeletal system by comparing images with databases of children of the same age and gender. Do children in Ethiopia develop at a comparable rate to children in the UK, because I understand that that is who they are going to be compared to? Do children in Eritrea and Sudan develop at the same rate? The British Medical Association seems pretty certain that they do not. If that is the case, how long will it take to build databases of comparable images for each country or region, and has that work started?
Bambos Charalambous (Enfield, Southgate) (Lab)
The Government have tabled new clauses 29 to 37 to replace clause 58, which was a placeholder clause on age assessments. Colleagues have already made the point about lack of scrutiny. Having received these new clauses so late in the day, we have not had a chance to see proper evidence, because we were not aware of what has been said. Clearly, as part of its role a Committee must have time to scrutinise. I am sure we will do the best we can with the time we have been given, but it really is not best form to have so many Government new clauses so late in the day on such an important issue.
We are concerned that the age assessments referred to in new clauses 29 to 37 risk violating children’s rights. I thank the Refugee and Migrant Children’s Consortium, a coalition of over 60 organisations, for its excellent briefing on these new clauses and for sharing its concerns about their inclusion in the Bill. If implemented, the new regulations and measures on age assessments will significantly increase the risk that children in the system will be treated as adults and criminalised. Before we discuss specific measures, it is worth noting that age assessments are not straightforward, nor are they an exact science. The measures in this Bill fail to recognise that it is impossible to determine age precisely, especially when there is an absence of documentation, which is often the case. By introducing a higher standard of proof in age assessments, more children in the system will be wrongly treated as adults, with devastating consequences.
For unaccompanied children in the asylum system, age is fundamental to receiving the support and protection they need. In the UK, age determines how or whether someone is supported by children’s services and has access to education; whether they are provided with asylum support by the Home Office and dispersed to a different part of the UK; and whether they are accommodated or detained with adults. It is imperative that we get age assessment right, and we all agree that there are clear safeguarding issues when people claiming to be children are later found to be adults, but it is also true that the effects of children being wrongly treated as adults are significant. I therefore urge colleagues to consider those safeguarding risks in relation to new clauses 29 to 37.
New clause 29 defines various terms, including “age-disputed person”, which governs the persons to whom the provision on age assessments will apply. As it stands, new clause 29 will mean that age assessment is required whenever there is insufficient evidence to be sure of age. Of course, as we know, this is true in many if not all cases. In practice, this clause therefore puts the burden of proof on a child to prove that they are under 18.
This is problematic for a couple of reasons. Children who come to the UK on their own from countries such as Afghanistan face challenges when asked to prove their date of birth. First, the registration of births and the importance placed on chronological age differs across the world. Secondly, and perhaps more significantly, there is often a lack of documentation. For example, many children who come to the UK have never had official identity documents in the first place, or have had documents taken from them or destroyed during their journey to the UK.
It is worth sharing an example, and I thank the Refugee and Migrant Children’s Consortium for bringing it to the Committee’s attention, as it highlights both the challenges in determining age accurately and the impact of wrong decisions. This case refers to a young person named K, who arrived in the UK from Iran and was held in a police station. He was 16 years old when he left Iran, and he told the staff at the police station his date of birth. They explained that, based on the date of birth, he was now 17.
K was then questioned by someone—he believes they were from social services—who did not believe he was 17, as they believed he looked older. Before entering the UK, K had been living in the jungle in Calais, and had not properly washed for a long time and had grown a beard. K was pressured into accepting he was 18 years old, and the Home Office recorded his age as 18. This meant he was not referred to a local authority for a full age assessment and was dispersed into adult asylum support accommodation in a hotel. He was the only child in the hotel and was left very scared. He reported that adults in the accommodation were taking drugs and he could not eat during his time there.
K managed to get in contact with the British Red Cross, and a safeguarding referral was made to the relevant local authority. The local authority promptly arranged to visit the young person, and two social workers agreed that it was highly likely that K was the age he was claiming to be. K was immediately moved and provided with full support under section 20 of the Children Act 1989. The local authority completed a full needs assessment and quickly took action to refer him to a GP, dentist, optician and immigration solicitor, and supported him to enrol in college. He had been suffering from asthma, and had not received any medical support since he arrived in the UK.
K’s case highlights what can happen when a young person is wrongly considered an adult in the asylum system, and the effects are stark. They lose access to the support and protection they need. That is why we must be incredibly careful to develop appropriate and fair age assessments, and also ensure that they are a function of the child protection and safeguarding system more widely.
In relation to K’s case, I have mentioned the fact that children are in hotels, and there is a real question about what safeguarding goes on in hotels. I know the Minister is deputising today, but could he look into that for me and to write back to me, or ask officials to do so at some stage, about what safeguarding for children does go on in hotels?
In new clause 30, the Home Office will be given the power to make regulations on how to assess age and introduce a standard of proof on the balance of probabilities for age assessments. The current standard when age is disputed in the context of an asylum appeal, developed through years of case law, is that of a reasonable degree of likelihood. Given the complicated nature of assessing age, introducing such a high standard of proof would significantly increase the risk of children being wrongly treated as adults. Indeed, new clause 30 undermines current statutory guidance from the Department for Education, which makes it clear that age assessments
“should not be a routine part of a local authority’s assessment of unaccompanied or trafficked children”.
Craig Whittaker
I will come on to that when I discuss further measures in new clause 32, but our opinion is that the amendment is not necessary and I ask the hon. Member for Sheffield Central to withdraw it. On the new clauses, clause 58 is one of the six clauses drafted as placeholder clauses of introduction, as indicated in the explanatory notes and memorandum for the Delegated Powers and Regulatory Reform Committee. It was drafted as such in the interests of transparency to make clear our intention to bring forward substantive provision on age assessment. New clauses 29 and 35 are intended to replace clause 58 entirely.
Before I touch on the other clauses, regarding new clause 32, we have already said that determining a young person’s age is an inherently difficult task. One of the questions posed earlier was how we do that as a comparator between other young people growing up in less well-developed countries. Under current arrangements where an individual’s age is disputed, local authorities must already undertake an age assessment. That typically involves two appropriately qualified social workers undertaking a series of interviews with the young person and taking into account any other information that is relevant to their age. However, even where those assessments are conducted thoroughly and reach reasoned conclusions, they are fraught with difficulty, as one would imagine. Such assessments can have a wide margin of error. We are aware of cases where a Merton-compliant age assessment, as they are called, has been conducted on the same individual by different social workers and has come to very different conclusions about the person’s age. Given that context, the use of scientific age assessments represents an additional and important source of evidence to help decision makers in a difficult task, allowing them to better come to accurate judgments. At the end of the day, that is our aim.
Various scientific methods of age assessment are already in use across most European countries, and have been for several years. In Finland and Norway, which I mentioned earlier, radiographs are taken to examine development of the teeth and the fusion of bones in the wrist. Two certified experts perform the age assessment and must jointly agree on the person’s age. In France, X-rays are taken to examine the fusion of the collarbone, alongside dental and wrist X-rays. In Greece, dental X-rays are used alongside social worker assessments.
Anne McLaughlin
What are the experts comparing with? My question is, will they be comparing the bone density or whatever with that of children of the same age in the UK, knowing that the development of children from other parts of the world is very different, or will they have a database of comparable images of the skeletal system—whichever part they are using—from each of the other countries? Is that something that is happening at the moment, or will they just be compared with UK-based children?
Craig Whittaker
I suspect that the answer to the hon. Lady’s question is that how that is assessed will be down to the individual scientific advice given on the individual case at the time. I cannot see a like-for-like comparator for a child from Ethiopia or Sudan, which was mentioned earlier, being a child in this country. That is why the scientific evidence is a much more accurate way of assessing. It can be a great tool in the arsenal of assessing a child when compared with our existing system, which is the Merton assessment by two individual social workers. Given the challenges of assessing an individual’s age, we see no good reason why such technologies should not also be used. In all good faith, this is one of several tools in the arsenal. To further enhance my answer to the question asked by the hon. Lady, the precise scientific method of assessment will be specified in regulation, following scientific advice.
We are also making it clear within new clause 32 that a decision maker will be able to draw a negative credibility inference if an individual refuses to undergo a scientific age assessment without reasonable grounds. The introduction of any scientific method would be entirely undermined if someone who was asked to undergo such an assessment could simply refuse to co-operate. By legislating to develop our own scientific age assessment capability, we hope to emulate best practice across Europe and to ensure that unaccompanied asylum-seeking children are provided with the care they are entitled to in a safe environment.
Let me turn to the rest of the amendments in the group before I answer some of the questions. Amendment 168 is consequential on new clauses 32 and 33. It provides that the regulation-making powers in the clauses are commenced automatically two months after Royal Assent.
The purpose of new clause 29 is to define an “age-disputed person” and to set the parameters to whom the age-assessment clauses apply. It clarifies the meaning of a number of terms, including “age-disputed person”, “immigration functions”, “immigration officer” and the respective definitions of “local authority” in England, Wales, Scotland and Northern Ireland. The clause also defines the meaning of “relevant children’s legislation” across the four nations of the United Kingdom.
New clause 30 relates to the establishment of a decision-making function in the Home Office, referred to as the national age assessment board, or the NAAB, as I think the hon. Member for Enfield, Southgate referred to it. The NAAB will have responsibility for conducting age assessments of age-disputed persons on referral from the local authority or another public authority specified in regulation. Where an age-disputed person is referred to the NAAB by a local authority, the NAAB assessment will be binding on both the Home Office, in relation to immigration functions, and the local authority when determining access to children’s services. Alongside new clause 30, new clause 31 relates to the establishment of the NAAB. While most NAAB age assessments will be conducted on referral from a local authority, the new clause stipulates that the NAAB may, in certain situations, conduct age assessments on age-disputed persons for the sole purpose of deciding whether or how the Secretary of State should exercise any immigration functions.
Paul Blomfield
I am interested in that observation, and I hope the right hon. Gentleman will lead the charge to persuade the Government to allocate far more resources for the training of health professionals and to tackle the crisis they have created within our health service over the past 11 years.
Amendment 151 will try to ensure that the Government are clear-eyed about the impact of their policy and the trade-offs they are prepared to make, as well as the impact on UK public services, communities and businesses. The amendment would allow the public to examine that trade-off, too. It would ensure that the Government track the impact of their policy, and are transparent with business and trade over the impact any visa penalties might have, either through reduced travel or through deteriorating relationships with those countries.
The Government talk a lot about global Britain, but through our examination of the Bill we have seen many threats to that and a lot of ways in which they plan on sowing discord with other nations around the world, damaging our reputation in the international community. I know that the Minister will not vote for clause 59 stand part, but I would welcome his thoughts on the wider impact of the replacement clauses, along the lines of my amendment. I would appreciate it if he could tell us whether any such impact assessments are being considered.
I have an important point to make about new clauses 9 and 10, to which I hope the Minister can respond. There is significant concern that these clauses will prevent people from joining refugees in the UK through the family reunion route. Let us consider the countries cited in The Daily Telegraph again: Pakistan, Iran, Iraq, Sudan, Eritrea and the Philippines. Since the start of 2019, 8,480 people from Iran, Iraq, Sudan and Eritrea have been granted refugee family reunion visas to join loved ones in the UK. That equates to just over half—53%—of all family visas granted over that period. Some 3,584 of those visas were for children and 5,771 for women or girls. The new clause, as drafted, would potentially apply to visas for refugees coming to the UK under one of the Home Office’s resettlement schemes, including the relocation scheme for Afghan nationals who have previously worked with the UK Government or applicants from Hong Kong for British national overseas visas.
So, if the Government are determined to proceed with these new clauses, at the very least new clause 9 needs to be amended to include an exemption for refugee family reunion and other protection routes. I should be grateful if the Minister would indicate whether the Government are willing to do that.
Anne McLaughlin
We support amendment 151 for the self-explanatory reason that we need to know the impact of these actions. We are not saying that visa penalties should never be imposed in any circumstances, but we share many of the concerns voiced by the hon. Member for Sheffield Central and I will focus on a couple of them.
The Government say this clause will incentivise other countries to co-operate with the UK Government to remove those who have no right to be in the country, but they have presented no evidence that this will be the case. Saying it is one thing, but if they are so confident of it they should do some work and, as the hon. Member for Sheffield Central asks in his amendment, publish a report examining the impact on our relations with other countries.
The Joint Council for the Welfare of Immigrants says that this clause will affect, among others, workers, including key workers. Have not the Brexit restrictions on key workers coming into the country taught us anything? There are also tourists and their massive contribution to our economies; performers; students—who pay thousands of pounds to study at our universities, many of which would struggle to survive without them—and academics, among others, including the family members of British citizens. Again, we are punishing the wrong people.
Specifically, I want to express the concerns of Elizabeth Ruddick of the UNHCR about the impact on family reunion. The UNHCR’s concern is that although the clause gives the Home Secretary flexibility on the type of penalties to impose, nothing explicitly prevents the imposition of penalties on applications for refugee family reunion. Elizabeth Ruddick says that delaying refugee family reunion on that basis is likely to violate their human rights, particularly under article 8 of the ECHR. Will the Minister do that thing that his colleague has done a lot in Committee, which is to reassure us that that will not happen? For the record, I am not reassured, but reassurances have been offered throughout the Committee and it would be good to hear his thoughts at least.
Craig Whittaker
I think what the hon. Member has asked me to do is put a time limit on this, and I have already said clearly that just does not work. We have a duty to those in the immigration system, but we have a duty to protect the public too. The introduction of a 28-day detention time limit would severely limit our ability to remove those who refuse to leave voluntarily, and would encourage and reward abuse, to answer the question raised by the hon. Member for Sheffield Central, in some cases from individuals who present a genuine threat to the public, which is not the effect I consider the hon. Members intend with new clause 38.
Anne McLaughlin
Does the Minister not think that if someone represents a threat to the public, they would be in jail? If they are not in jail, there is no evidence that they represent a threat to the public.
Craig Whittaker
The hon. Lady is absolutely right, but we are talking about those who are a threat to the public. We have to have a duty of care. In fact, the first role of the Government is to protect their own citizens.
New clause 38 would allow those who wish to frustrate the removal process to run down the clock, in answer to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, until the time limit is reached and release is guaranteed. It would encourage late and opportunistic claims to be made simply to push them over the 28-day limit.
New clauses 38 to 40 are at total odds with the main objectives of the Bill, which will streamline the asylum process, ensuring that outstanding claims and appeals are dealt with much more effectively, with access to legal advice, while enabling us to remove more easily those with no lawful right to remain in the UK. In summary, it is the firm view of this Government that the introduction of a time limit would significantly impair the UK’s ability to proportionately and efficiently remove individuals who have no right to be here and who, in some cases, represent a significant danger to the public. I therefore respectfully ask the hon. Member to withdraw the amendment.
Nationality and Borders Bill (Fourteenth sitting)
Anne McLaughlin ExcerptsTuesday 2nd November 2021
(3 years ago)
Public Bill CommitteesRead Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 2 November 2021 - (2 Nov 2021)
Stuart C. McDonald
No, I am not saying that. What I am advocating is the position at present—that the decision maker looks at all the evidence that is available in the round. If somebody is 50, I cannot imagine them needing an invasive scientific procedure to establish that they are over 18. I am not by any stretch of the imagination saying that we just take somebody’s word for it. I am advocating for the status quo. By all means the Government can introduce some sort of advisory board, but that should not supplant and take over the functions of local authorities—but that, unfortunately, is how I see these new clauses working.
The new clauses suggest that there will be implications for a person’s credibility if they choose not to undergo the medical procedures. I object, as a point of principle, to Parliament telling decision makers what to think about someone’s credibility when it is those decision makers—not us—who know the circumstances of the decision that they have to make. It is particularly objectionable given that professional medical bodies thoroughly object to these so-called scientific procedures. Despite the fact that professional bodies have said that these tests are inappropriate, the Government are telling decision makers that, if a young person says, “Well, the medical professionals say this is inappropriate, so I won’t undergo this,” they must find that young person lacking in credibility.
I repeat the point I made in relation to earlier clauses about the impugning of the credibility of those making statements on someone’s behalf. It is especially bizarre that a medical report by a multi-disciplinary panel of experts could have its credibility maligned simple because a child or young adult refuses to undergo one of these so-called scientific methods of testing introduced through regulations by the Secretary of State. Not only is it bizarre; it also undermines the fundamental idea that people should be able to give free consent to medical procedures and examinations, and not be pressured into them. Similarly, it undermines the principle that such a procedure should happen only if it delivers a scientific benefit for that person.
What consultation has there been? We have not been able properly to scrutinise or ask questions of relevant witnesses in relation to these specific provisions. Is consent to be sought from devolved Governments on the basis that large tracts of these new clauses relate to how local authorities should exercise functions related to devolved legislation? In the absence of assurances on any of those fronts—the evidence of problems, proper consultation and devolved consent—the case for change is absolutely not made. On the contrary, there are all sorts of dangers in these clauses that could have serious consequences for children.
Anne McLaughlin (Glasgow North East) (SNP)
I will be brief, as I have just a couple of questions. Ethics aside, as is the want of this Government—if that is not the case, why are they running away from the amendment tabled by the hon. Member for Sheffield Central?—I want to look at the issue of estimating the maturity of a child’s skeletal system by comparing images with databases of children of the same age and gender. Do children in Ethiopia develop at a comparable rate to children in the UK, because I understand that that is who they are going to be compared to? Do children in Eritrea and Sudan develop at the same rate? The British Medical Association seems pretty certain that they do not. If that is the case, how long will it take to build databases of comparable images for each country or region, and has that work started?
Bambos Charalambous (Enfield, Southgate) (Lab)
The Government have tabled new clauses 29 to 37 to replace clause 58, which was a placeholder clause on age assessments. Colleagues have already made the point about lack of scrutiny. Having received these new clauses so late in the day, we have not had a chance to see proper evidence, because we were not aware of what has been said. Clearly, as part of its role a Committee must have time to scrutinise. I am sure we will do the best we can with the time we have been given, but it really is not best form to have so many Government new clauses so late in the day on such an important issue.
We are concerned that the age assessments referred to in new clauses 29 to 37 risk violating children’s rights. I thank the Refugee and Migrant Children’s Consortium, a coalition of over 60 organisations, for its excellent briefing on these new clauses and for sharing its concerns about their inclusion in the Bill. If implemented, the new regulations and measures on age assessments will significantly increase the risk that children in the system will be treated as adults and criminalised. Before we discuss specific measures, it is worth noting that age assessments are not straightforward, nor are they an exact science. The measures in this Bill fail to recognise that it is impossible to determine age precisely, especially when there is an absence of documentation, which is often the case. By introducing a higher standard of proof in age assessments, more children in the system will be wrongly treated as adults, with devastating consequences.
For unaccompanied children in the asylum system, age is fundamental to receiving the support and protection they need. In the UK, age determines how or whether someone is supported by children’s services and has access to education; whether they are provided with asylum support by the Home Office and dispersed to a different part of the UK; and whether they are accommodated or detained with adults. It is imperative that we get age assessment right, and we all agree that there are clear safeguarding issues when people claiming to be children are later found to be adults, but it is also true that the effects of children being wrongly treated as adults are significant. I therefore urge colleagues to consider those safeguarding risks in relation to new clauses 29 to 37.
New clause 29 defines various terms, including “age-disputed person”, which governs the persons to whom the provision on age assessments will apply. As it stands, new clause 29 will mean that age assessment is required whenever there is insufficient evidence to be sure of age. Of course, as we know, this is true in many if not all cases. In practice, this clause therefore puts the burden of proof on a child to prove that they are under 18.
This is problematic for a couple of reasons. Children who come to the UK on their own from countries such as Afghanistan face challenges when asked to prove their date of birth. First, the registration of births and the importance placed on chronological age differs across the world. Secondly, and perhaps more significantly, there is often a lack of documentation. For example, many children who come to the UK have never had official identity documents in the first place, or have had documents taken from them or destroyed during their journey to the UK.
It is worth sharing an example, and I thank the Refugee and Migrant Children’s Consortium for bringing it to the Committee’s attention, as it highlights both the challenges in determining age accurately and the impact of wrong decisions. This case refers to a young person named K, who arrived in the UK from Iran and was held in a police station. He was 16 years old when he left Iran, and he told the staff at the police station his date of birth. They explained that, based on the date of birth, he was now 17.
K was then questioned by someone—he believes they were from social services—who did not believe he was 17, as they believed he looked older. Before entering the UK, K had been living in the jungle in Calais, and had not properly washed for a long time and had grown a beard. K was pressured into accepting he was 18 years old, and the Home Office recorded his age as 18. This meant he was not referred to a local authority for a full age assessment and was dispersed into adult asylum support accommodation in a hotel. He was the only child in the hotel and was left very scared. He reported that adults in the accommodation were taking drugs and he could not eat during his time there.
K managed to get in contact with the British Red Cross, and a safeguarding referral was made to the relevant local authority. The local authority promptly arranged to visit the young person, and two social workers agreed that it was highly likely that K was the age he was claiming to be. K was immediately moved and provided with full support under section 20 of the Children Act 1989. The local authority completed a full needs assessment and quickly took action to refer him to a GP, dentist, optician and immigration solicitor, and supported him to enrol in college. He had been suffering from asthma, and had not received any medical support since he arrived in the UK.
K’s case highlights what can happen when a young person is wrongly considered an adult in the asylum system, and the effects are stark. They lose access to the support and protection they need. That is why we must be incredibly careful to develop appropriate and fair age assessments, and also ensure that they are a function of the child protection and safeguarding system more widely.
In relation to K’s case, I have mentioned the fact that children are in hotels, and there is a real question about what safeguarding goes on in hotels. I know the Minister is deputising today, but could he look into that for me and to write back to me, or ask officials to do so at some stage, about what safeguarding for children does go on in hotels?
In new clause 30, the Home Office will be given the power to make regulations on how to assess age and introduce a standard of proof on the balance of probabilities for age assessments. The current standard when age is disputed in the context of an asylum appeal, developed through years of case law, is that of a reasonable degree of likelihood. Given the complicated nature of assessing age, introducing such a high standard of proof would significantly increase the risk of children being wrongly treated as adults. Indeed, new clause 30 undermines current statutory guidance from the Department for Education, which makes it clear that age assessments
“should not be a routine part of a local authority’s assessment of unaccompanied or trafficked children”.
Craig Whittaker
I will come on to that when I discuss further measures in new clause 32, but our opinion is that the amendment is not necessary and I ask the hon. Member for Sheffield Central to withdraw it. On the new clauses, clause 58 is one of the six clauses drafted as placeholder clauses of introduction, as indicated in the explanatory notes and memorandum for the Delegated Powers and Regulatory Reform Committee. It was drafted as such in the interests of transparency to make clear our intention to bring forward substantive provision on age assessment. New clauses 29 to 37 are intended to replace clause 58 entirely.
Before I touch on the other clauses, regarding new clause 32, we have already said that determining a young person’s age is an inherently difficult task. One of the questions posed earlier was how we do that as a comparator between other young people growing up in less well-developed countries. Under current arrangements where an individual’s age is disputed, local authorities must already undertake an age assessment. That typically involves two appropriately qualified social workers undertaking a series of interviews with the young person and taking into account any other information that is relevant to their age. However, even where those assessments are conducted thoroughly and reach reasoned conclusions, they are fraught with difficulty, as one would imagine. Such assessments can have a wide margin of error. We are aware of cases where a Merton-compliant age assessment, as they are called, has been conducted on the same individual by different social workers and has come to very different conclusions about the person’s age. Given that context, the use of scientific age assessments represents an additional and important source of evidence to help decision makers in a difficult task, allowing them to better come to accurate judgments. At the end of the day, that is our aim.
Various scientific methods of age assessment are already in use across most European countries, and have been for several years. In Finland and Norway, which I mentioned earlier, radiographs are taken to examine development of the teeth and the fusion of bones in the wrist. Two certified experts perform the age assessment and must jointly agree on the person’s age. In France, X-rays are taken to examine the fusion of the collarbone, alongside dental and wrist X-rays. In Greece, dental X-rays are used alongside social worker assessments.
Anne McLaughlin
What are the experts comparing with? My question is, will they be comparing the bone density or whatever with that of children of the same age in the UK, knowing that the development of children from other parts of the world is very different, or will they have a database of comparable images of the skeletal system—whichever part they are using—from each of the other countries? Is that something that is happening at the moment, or will they just be compared with UK-based children?
Craig Whittaker
I suspect that the answer to the hon. Lady’s question is that how that is assessed will be down to the individual scientific advice given on the individual case at the time. I cannot see a like-for-like comparator for a child from Ethiopia or Sudan, which was mentioned earlier, being a child in this country. That is why the scientific evidence is a much more accurate way of assessing. It can be a great tool in the arsenal of assessing a child when compared with our existing system, which is the Merton assessment by two individual social workers. Given the challenges of assessing an individual’s age, we see no good reason why such technologies should not also be used. In all good faith, this is one of several tools in the arsenal. To further enhance my answer to the question asked by the hon. Lady, the precise scientific method of assessment will be specified in regulation, following scientific advice.
We are also making it clear within new clause 32 that a decision maker will be able to draw a negative credibility inference if an individual refuses to undergo a scientific age assessment without reasonable grounds. The introduction of any scientific method would be entirely undermined if someone who was asked to undergo such an assessment could simply refuse to co-operate. By legislating to develop our own scientific age assessment capability, we hope to emulate best practice across Europe and to ensure that unaccompanied asylum-seeking children are provided with the care they are entitled to in a safe environment.
Let me turn to the rest of the amendments in the group before I answer some of the questions. Amendment 168 is consequential on new clauses 32 and 33. It provides that the regulation-making powers in the clauses are commenced automatically two months after Royal Assent.
The purpose of new clause 29 is to define an “age-disputed person” and to set the parameters to whom the age-assessment clauses apply. It clarifies the meaning of a number of terms, including “age-disputed person”, “immigration functions”, “immigration officer” and the respective definitions of “local authority” in England, Wales, Scotland and Northern Ireland. The clause also defines the meaning of “relevant children’s legislation” across the four nations of the United Kingdom.
New clause 30 relates to the establishment of a decision-making function in the Home Office, referred to as the national age assessment board, or the NAAB, as I think the hon. Member for Enfield, Southgate referred to it. The NAAB will have responsibility for conducting age assessments of age-disputed persons on referral from the local authority or another public authority specified in regulation. Where an age-disputed person is referred to the NAAB by a local authority, the NAAB assessment will be binding on both the Home Office, in relation to immigration functions, and the local authority when determining access to children’s services. Alongside new clause 30, new clause 31 relates to the establishment of the NAAB. While most NAAB age assessments will be conducted on referral from a local authority, the new clause stipulates that the NAAB may, in certain situations, conduct age assessments on age-disputed persons for the sole purpose of deciding whether or how the Secretary of State should exercise any immigration functions.
Paul Blomfield
I am interested in that observation, and I hope the right hon. Gentleman will lead the charge to persuade the Government to allocate far more resources for the training of health professionals and to tackle the crisis they have created within our health service over the past 11 years.
Amendment 151 will try to ensure that the Government are clear-eyed about the impact of their policy and the trade-offs they are prepared to make, as well as the impact on UK public services, communities and businesses. The amendment would allow the public to examine that trade-off, too. It would ensure that the Government track the impact of their policy, and are transparent with business and trade over the impact any visa penalties might have, either through reduced travel or through deteriorating relationships with those countries.
The Government talk a lot about global Britain, but through our examination of the Bill we have seen many threats to that and a lot of ways in which they plan on sowing discord with other nations around the world, damaging our reputation in the international community. I know that the Minister will not vote for clause 59 stand part, but I would welcome his thoughts on the wider impact of the replacement clauses, along the lines of my amendment. I would appreciate it if he could tell us whether any such impact assessments are being considered.
I have an important point to make about new clauses 9 and 10, to which I hope the Minister can respond. There is significant concern that these clauses will prevent people from joining refugees in the UK through the family reunion route. Let us consider the countries cited in The Daily Telegraph again: Pakistan, Iran, Iraq, Sudan, Eritrea and the Philippines. Since the start of 2019, 8,480 people from Iran, Iraq, Sudan and Eritrea have been granted refugee family reunion visas to join loved ones in the UK. That equates to just over half—53%—of all family visas granted over that period. Some 3,584 of those visas were for children and 5,771 for women or girls. The new clause, as drafted, would potentially apply to visas for refugees coming to the UK under one of the Home Office’s resettlement schemes, including the relocation scheme for Afghan nationals who have previously worked with the UK Government or applicants from Hong Kong for British national overseas visas.
So, if the Government are determined to proceed with these new clauses, at the very least new clause 9 needs to be amended to include an exemption for refugee family reunion and other protection routes. I should be grateful if the Minister would indicate whether the Government are willing to do that.
Anne McLaughlin
We support amendment 151 for the self-explanatory reason that we need to know the impact of these actions. We are not saying that visa penalties should never be imposed in any circumstances, but we share many of the concerns voiced by the hon. Member for Sheffield Central and I will focus on a couple of them.
The Government say this clause will incentivise other countries to co-operate with the UK Government to remove those who have no right to be in the country, but they have presented no evidence that this will be the case. Saying it is one thing, but if they are so confident of it they should do some work and, as the hon. Member for Sheffield Central asks in his amendment, publish a report examining the impact on our relations with other countries.
The Joint Council for the Welfare of Immigrants says that this clause will affect, among others, workers, including key workers. Have not the Brexit restrictions on key workers coming into the country taught us anything? There are also tourists and their massive contribution to our economies; performers; students—who pay thousands of pounds to study at our universities, many of which would struggle to survive without them—and academics, among others, including the family members of British citizens. Again, we are punishing the wrong people.
Craig Whittaker
I think what the hon. Member has asked me to do is put a time limit on this, and I have already said clearly that just does not work. We have a duty to those in the immigration system, but we have a duty to protect the public too. The introduction of a 28-day detention time limit would severely limit our ability to remove those who refuse to leave voluntarily, and would encourage and reward abuse, to answer the question raised by the hon. Member for Sheffield Central, in some cases from individuals who present a genuine threat to the public, which is not the effect I consider the hon. Members intend with new clause 38.
Anne McLaughlin
Does the Minister not think that if someone represents a threat to the public, they would be in jail? If they are not in jail, there is no evidence that they represent a threat to the public.
Craig Whittaker
The hon. Lady is absolutely right, but we are talking about those who are a threat to the public. We have to have a duty of care. In fact, the first role of the Government is to protect their own citizens.
New clause 38 would allow those who wish to frustrate the removal process to run down the clock, in answer to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, until the time limit is reached and release is guaranteed. It would encourage late and opportunistic claims to be made simply to push them over the 28-day limit.
New clauses 38 to 40 are at total odds with the main objectives of the Bill, which will streamline the asylum process, ensuring that outstanding claims and appeals are dealt with much more effectively, with access to legal advice, while enabling us to remove more easily those with no lawful right to remain in the UK. In summary, it is the firm view of this Government that the introduction of a time limit would significantly impair the UK’s ability to proportionately and efficiently remove individuals who have no right to be here and who, in some cases, represent a significant danger to the public. I therefore respectfully ask the hon. Member to withdraw the amendment.
Oral Answers to Questions
Anne McLaughlin Excerpts(3 years, 5 months ago)
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Rishi Sunak
I am delighted for Plymouth and its surrounding communities that it has received freeport status. As my hon. Friend says, this is a fantastic opportunity to drive investment and create jobs. I will, of course, work with the Department for Transport on improving transport links across the south-west. She previously welcomed the £2.5 billion upgrade of vital road connections such as the A303, the A30 and the A358, as well as the replacement of the vital Dawlish sea wall, which will improve rail connectivity in the region.
Anne McLaughlin (Glasgow North East) (SNP)
The Financial Secretary to the Treasury (Jesse Norman)
Her Majesty’s Revenue and Customs has a strict duty of confidentiality in relation to information it holds on taxpayers. HMRC will share information on individuals or employers with the Home Office for immigration purposes only where a clear legal basis exists, and it will share or disclose only the information that is necessary and proportionate to the intended purpose through strict adherence to data protection principles, including the UK general data protection regulation. Personal data that is disclosed is minimised where it can be and strictly governed and subject to audit.
Anne McLaughlin [V]
It is not necessary and proportionate in the cases I have been hearing about. In one case, someone who had been here as a highly skilled migrant for 10 years was refused the right to remain because he had miscalculated his tax by £1.20 years previously. What global talent does the Minister think will want to take the risk of uprooting their families to another country that may well kick them out for something HMRC previously said was a minor issue?
Covid-19: Disparate Impact
Anne McLaughlin Excerpts(4 years, 1 month ago)
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Kemi Badenoch
I thank my right hon. Friend for that question. That is something that should happen right now. We want to make sure that things do not happen separately in Government, and I have been very keen to ensure that there is no silo working. A frequent problem is that different Departments do different things, and they often duplicate information and work, so we have been at great pains to make sure that that does not happen.
I share every single thing that I do with Ministers across Departments. We have a group of Ministers who look at equalities in the Department for Work and Pensions, the Department of Health and Social Care and the Department for Education, and we feed into that group everything that we learn. The findings from the race disparity unit and ONS research are fed in as those Ministers make policy, whether in health or otherwise. We do not want this to be a separate Government project that requires new oversight; we all have to work together, and that is how I plan to do it.
Anne McLaughlin (Glasgow North East) (SNP)
I thank the Minister for her statement. I am interested in everything that it contains, and I commend her for volunteering to be part of the vaccine programme.
I want to raise two issues—possibly three, if I have time. Minority ethnic women are particularly over-represented in frontline care roles, so they are at particular risk of job disruption, as highlighted in a report by Close the Gap. Why have the UK Government not matched the Scottish Government’s action of a 3.3% wage increase for all adult social care workers to ensure that at least the real living wage is paid across frontline care, covering all hours worked, including sleepovers?
The Minister said that help that is provided across the population disproportionately benefits black, Asian and minority ethnic people, but that does not apply to those who have no recourse to public funds. I know that she has spoken about this before, but most people who have no recourse to public funds are from black, Asian and minority ethnic communities. Will she support our calls to enable them to get support?
Finally, I note that the Minister said that she would include in future reports updates on other groups who are disproportionately impacted, and I want to make sure that older people are one of those groups. We know that people living in poverty are disproportionately impacted, and one way to lift older people out of poverty is to make sure that they know about pension credit, and to make it as easy as possible to apply for. The more voices across this House and across the Departments who commit to ensuring that older people know about the £2 billion-plus that is unclaimed every year in these islands, the better. I hope that she will commit to paying particular attention to that.
Kemi Badenoch
I thank the hon. Lady for her questions. She is absolutely right to mention older people, who are the most disproportionately impacted group. Someone who is over 70 or 80 is 80 times more likely to have the disease, whereas someone from an ethnic minority background is between 1.2 and 1.8 times more likely to have it. We must keep this in perspective, and we are looking at everybody who is impacted and vulnerable in whatever way.
The hon. Lady asks about money we are spending on adult health and social care. We are spending an unprecedented amount in the pandemic. We have targeted as much money as we possibly can to all the groups we believe need it. It may not be exactly what people asked for, but we are looking at decisions in the round to ensure that we are covering all groups.
Black History Month
Anne McLaughlin Excerpts(4 years, 1 month ago)
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Andrew Bowie (West Aberdeenshire and Kincardine) (Con)
It is a pleasure to speak in this debate. [Interruption.] Ah, the hon. Member for Erith and Thamesmead (Abena Oppong-Asare) has returned to the Chamber; I congratulate her on securing this vital debate. It was a genuine pleasure to hear the passion and pride with which she spoke as she opened the debate earlier. I thank her for ensuring that we have had this debate. I think it is the first time that we have debated Black History Month in this place for five years.
Madam Deputy Speaker, do you know that really frustrating feeling when you want to find a book, but cannot remember the title or the author? That is where I have been today: racking my brain and googling furiously to find the name of a book that I borrowed from Inverurie public library when I was about nine years old. If anyone remembers the name of this book, let me know—write in! It was about a boy who somehow manages to go back in time to early 18th-century Britain and who falls in with a young African kid—a slave who has been transported from his home to the United Kingdom. This book—I really wish I could remember its name—stuck with me because it was the first time I had ever come across the idea that someone could be thought of as lesser than or enslaved to somebody else simply by virtue of their skin colour or place of origin. As a nine-year-old, I simply could not understand it. It really affected me and sticks with me today.
I grew up in 1990s and early noughties semi-rural north-east Scotland, about as far removed from the upbringing of the hon. Member for Ilford North (Wes Streeting) as it is possible to get. I grew up in Inverurie, a town of about 10,000 people, and we had one BME child in my primary school of about 250 pupils. I remember the excitement when a young girl from Thailand joined our class in primary 7 and the incredibly ignorant but entirely understandable questions asked about her home by kids brought up in what I admit was a very sheltered and comfortable environment—Ome, if you are watching this, please forgive us.
I was lucky. I had brilliant teachers and parents who encouraged me to read and ask questions. In secondary school, Inverurie Academy, my history teacher, Mr Anderson—that teacher that everybody has; the legend—taught with an enthusiasm and dry wit that was infectious, using his broken golf putter to point to places on his already very out-of-date map. It was in Mr Anderson’s history class, and because of his teaching, that I began to have a real understanding and appreciation of the fight for civil rights in the deep south of the United States of America, of Rosa Parks, John Lewis and Martin Luther King, and of the fight for equal citizenship. I remember being so inspired by the “I have a dream” speech that I managed to get a CD of great speeches of American leaders, and I listened to it so often on my portable CD player that I wore it down.
I remember being sickened at the images of lynchings in Mississippi, Tennessee and Georgia and how people in my parents’ lifetime—people who looked and lived like me—could treat other people differently simply because of the colour of their skin. I remember asking, as someone who loved and still loves the United States, how a great country founded on the principle that all men are created equal could send young black men to fight and die for freedom in Europe but not allow them freedom and equality at home.
We are not America. We have a very different history in this country, which others have touched on, but my point is that education—teaching—is so important. It challenges, it forces us to question, it takes us out of our comfort zone, and it informs. That is why Black History Month is very important, and it is a shame that this is the first time we have debated it in five years.
It is very good that the Government have an inclusive and flexible curriculum, teaching kids more about Britain’s role in the slave trade, for example, but also about its role—the role of people in this place and of the Royal Navy—in the eventual abolition. Britain was the first and only imperial power to vote money, men and resources to ending the barbaric and inhuman trade in life that cities such as Glasgow and Bristol grew rich on the back of. I am glad that, because of the flexible curriculum, black, Asian and minority ethnic history can be taught across many of the themes of the history curriculum by reflecting the contribution of black, Asian and minority ethnic people across the ages in the UK and more widely.
One of the petitions relevant to the debate is e-petition 324092, entitled “Teach Britain’s colonial past as part of the UK’s compulsory curriculum”. I do not have a problem with that. In fact, I would encourage it—especially in Scotland, where time and again we pass over our colonial history. I have heard in this place that Scotland will somehow become the 60-somethingth country to wrest itself from imperial Britain’s evil clutches, as if we had nothing to do with colonialism and the empire and Scots were not themselves colonialists, traders, governors, plantation owners, soldiers, sailors and missionaries.
Anne McLaughlin (Glasgow North East) (SNP)
Does the hon. Member accept that there are many people involved in the independence movement who make documentaries and are banging the drum to say that Scotland’s role in the slave trade has been overlooked? We want people in Scotland to be aware of it.
Andrew Bowie
Absolutely. There are people in the independence movement and the Unionist movement who would say exactly the same thing: we need to have an honest and robust debate about our history, good and ill. I agree with the hon. Member.
We should teach about our colonial past in schools. We should examine our past critically. We should examine why empire existed in the first place, how it came to pass that a quarter of the globe was under British rule, why European powers vied with one another in the race for Africa, why family of mine and so many other normal Scots found themselves working for a colonial administration in the Indian subcontinent—so much so that at one point, seven out of 10 colonial administrators in India were Scottish—and why Glasgow was the second city of empire.
As the hon. Member for Glasgow North East (Anne McLaughlin) said, in Scotland we should front up and accept the fact that we were very much at the forefront of exploration, expansion, invention and, at times, exploitation. We must do that in a rational, sensible and mature fashion. We do not learn by cancelling history, renaming tower blocks, removing statues and covering up museum displays. In short, we should not hide our history away, for that is what it is—history. It is incredibly complicated because it is written by us—human beings—and human beings are incredibly complicated. Very few people were all good or all bad. Rather, individuals in history, just like us, were human and shaped by their understanding of the world as they found it, their lived experiences and their education.
While acknowledging the wrongs of the past, we should seek to explain, understand and explore and build a better, more understanding future—one built not on guilt, but on a mutual understanding that history means different things to different people. Just like that book I still cannot remember the name of taught me when I was nine years old, and just as Mr Anderson did teaching about the fight for civil rights in 1960s America, we do not increase understanding by telling people that they should be ashamed of their past or their country. Rather, we do so by exploring and explaining what has gone before and putting it in context, thereby working to make our future better than our past. That could and should be the great achievement of Black History Month.
Sir John Hayes (South Holland and The Deepings) (Con)
According to the philosopher Michael Oakeshott, civilisation
“begun in the primeval forests and extended and made more articulate in the course of centuries…is a conversation which goes on both in public and within each of ourselves.”
Conversation, of course, implies a discourse in which no one voice dominates, no one is shouted down and contrasting perspectives are heard and respected, even when agreement is unlikely and compromise unexplored. Yet, we now live in an age where many have no interest in a real conversation and where delight is taken in silencing dissenting voices. We live in an age where some talk of the importance of history, but really mean propaganda—when someone is suggesting, in essence, that people educate themselves, know the doctrine, learn the mantra and toe the line. In our brave new world, activist groups vie for attention by shouting ever louder in what can best be described as a competition of victimhood.
Sir John Hayes
I will not at the moment, but I will a little later.
Each group claims a spurious moral authority founded on its own sense of oppressed marginalisation. The historical truth is dismissed, in cultural Marxist terms, as a construct of persecutors: only they really understand the past and the present, and they now assert that others must be forced to be cleansed by acknowledging their guilt and by recognising their unconscious bias. The notion that we are defined by our race or sexuality is now so ubiquitous that we have become numb to just how disturbingly stultifying it really is. To confine and condense the identity of a unique individual made in the image of God to things over which they have no choice—their gender or their race—is sorrowfully lacking in perspective and ambition.
Some of my colleagues may be reluctant to engage in this debate, but that is not true of the Minister for Equalities, any more than it is true of the Home Secretary or the Attorney General. They are in the vanguard of the battle against this kind of dogmatic, doctrinal cultural Marxism, because they know that politics is palpably about values, not just about dull, mechanistic, economic minutiae. We should celebrate the contribution of everyone to our country, whatever their background, their colour or creed, and of course, in that spirit I welcome Black History Month, but history is very rarely a simple case of black and white, literally or metaphorically. A proper appreciation of history is dependent on understanding that the past is as complex as the present, and that humanity is both flawed and capable of greatness. Let us take the British empire, for example. Though of course it is true that empires begin in the interests of their colonial founders, the crass assumption that all that is subsequently done in their imperial names is exclusively wicked is as stupid as it is simplistic. In the words of the former chairman of the Equality and Human Rights Commission, Trevor Phillips:
“The woke ultras who want to wipe away all symbols of British imperialism don’t speak for families who lived under the Empire”.
Anne McLaughlin
I will not go back to what the right hon. Gentleman said earlier because I have forgotten his exact words, but does he not accept that there are different perspectives when it comes to the empire and our role in it? Should those different perspectives be discussed in education and should we be told about them, or should we just have the one perspective that we have now?
Sir John Hayes
Yes, of course I accept that. I am a trained history teacher, so of course I understand that there are differing interpretations of history. The problem I was describing earlier—the hon. Lady clearly bristled when I was doing so—is that there are those who want to sanitise and reinvent history. The truth is that all we are now is a product of all that came before, good, bad and ugly, and we cannot simply wipe away the past. This is not year zero, and to believe otherwise is, frankly, Orwellian.
Anne McLaughlin (Glasgow North East) (SNP)
I congratulate the hon. Member for Erith and Thamesmead (Abena Oppong-Asare) on securing this debate. I have had a number of messages from my SNP colleagues asking me to pass on their congratulations. The hon. Member said that she came to this place to speak for those who barely get a mention; I want her to know that it has not gone unnoticed, and I know that it will mean so much to the people she was referring to. Sometimes, even if we are not able to change things immediately for people, just knowing that we are fighting their corner makes a difference—although we want to change things, obviously.
I want to say something about the what, the why and the who of Black History Month. What does Black History Month mean to me? To me, much as I love it, I wish that it did not have to happen, and if we incorporated black history into the teaching of our past, not just in schools but generally, and decolonised that teaching, perhaps Black History Month would be redundant, but we have not and until we do, Black History Month is essential. There have been really good speeches from Members on both sides of the House today. I think that Government Members have sometimes been a bit sensitive, but they should not be, because the fault lies with all of us. It is just about being honest in our teaching. Our stories are told from one perspective—the perspective of the colonisers—but how did it look from the perspective of the colonised? The missing perspectives are what decolonising the teaching of history is all about.
In addition to that, what about the black historical figures who get nothing like the attention that the equivalent white figures get? We should not pick and choose like that. One of the best examples I can provide is Florence Nightingale and Mary Seacole, who has been mentioned multiple times today, to my delight. Both should have been taught about and I would argue that Scots-Jamaican Mary Seacole has more reason for us to learn about her, because everything that she did, she had to make happen. She had to fundraise, as we heard earlier, to get to the Crimea and to set up her hospital. It cannot have been easy in those days. I am pretty sure that our teachers are expected to teach about leadership, resilience and entrepreneurship, and Mary Seacole did an equivalent thing to Florence Nightingale in a different way and exemplified all the things that I just mentioned. But for hundreds of years, we did not learn about her, did we? It is about choosing not to be selective in whose incredible achievements we recognise, and it is about choosing not to tell our stories from the perspective of the coloniser only.
Why is this so important? Because until we change, the idea that seeps into a child’s subconscious is that the world was built and developed by white people. It seeps in because they are sitting in class, or reading a book, or watching TV, and learning about the wonderful women who nursed those soldiers, and the great inventors, artists, poets, scholars, writers, and philosophers. They see these incredible people and they are all white, but they were not all white. Those children may not be sitting consciously thinking, “Hmm, all the great people are white”, but as I said, it seeps in. For the black child, they are in danger of growing up believing on some level that the white people of the world must be cleverer, more talented and more relevant. For the white child, how can they possibly avoid growing up believing on some level that it must be true, and that white people, having built the world all by themselves, must be somehow superior?
And here is the why: racism is rooted in untruthful or selective teaching about our past. People are not born racist. They learn it. Like the hon. Member for Brent Central (Dawn Butler), I often hear people saying, “I don’t see skin colour.” I know what they are trying to say, but yes, they do. Young children, however, do not seem to notice skin colour any more than they see eye colour or hair colour. They learn to be racist. We as a society collectively teach them to be racist, but if black children and white children learn about the world from the perspective of all ethnicities, and they see and hear about the people of all ethnicities who have made their contribution to developing our world, and if what seeps into their psyche is more truthful, we will not stop racism, but I am convinced we will reduce it.
So on to the who—who am I talking about? I do not have time to list everyone I want to, so instead I will table a series of early-day motions till the end of October featuring a different figure in black history each time. I have started already and I invite friends across the House to join me in doing that. However, I do want to talk about one person in particular: Andrew Watson, a Scots-Guyanan, who was the first black professional footballer on these islands. He was also an engineer, so he was a high achiever.
Anne McLaughlin
Spoken like a true engineer. His highest achievement, however, was that he played for the Scotland football team on three occasions, captaining the side in his first match. Most importantly, Scotland won each game. [Interruption.] The consensus and smiles may disappear in a moment, when I tell the House that the first of those matches was played at the Oval in Kennington, where he led his team to a 6-1 victory over England. In the next match, we beat Wales 5-1, and in his final international, we beat England again, but sadly, that time it was only 5-1. That is really why he is my hero.
However, I knew nothing about this man until about 10 years ago. There were efforts to get him recognised, and indeed, my hon. Friend the Member for Argyll and Bute (Brendan O’Hara) once made a documentary about Andrew Watson, in conjunction with celebrated broadcaster and journalist—and my friend and constituent—Stuart Cosgrove, who is also an author. As an aside, his latest book is about Cassius Clay. Andrew Watson is now memorialised in the hall of fame at Scotland’s national stadium in Hampden, but why do special efforts and campaigns have to happen for people to be recognised? As the hon. Member for Vauxhall (Florence Eshalomi) explained, it took 12 years to get the statue of Mary Seacole. Do you know, Madam Deputy Speaker, that 80,000 people lined the banks of the Thames to celebrate Mary Seacole when she returned from the Crimean war? How on earth did we manage to whitewash her out of history until recently? Why did it take a campaign to recognise her?
Most people do not wish to be racist, I believe—most of it is simply down to not knowing or not understanding. Part of our job here is to help them, and I invite Members to join the all-party group on unconscious bias, which I co-chair with my friend the hon. Member for Brent Central (Dawn Butler), who gave a brilliant speech and tolerated the nonsense from Government Members extremely well. Our first investigation is on unconscious racial bias, which we will launch shortly—I will send an email about it.
Yes, progress has been made, but it is not enough. I will share a story with Members. My 17-year-old goddaughter Toniann texted me yesterday, saying, “I’m in class and I’m watching Uncle Graham on TV.” Toniann’s mum is white Scottish and her dad is black Jamaican. Uncle Graham is my partner, who was featured in a BBC documentary made by Stewart Kyasimire called “Black and Scottish”. It is on iPlayer, and I urge Members to watch it—it is absolutely brilliant. Here is a child of Scottish Jamaican descent seeing black role models featured in her education, and she was absolutely delighted. The icing on the cake was that she was related to one of them.
The right hon. Member for Islington North (Jeremy Corbyn) noted the decision by Glasgow University to make reparation for the way in which it benefited from the Caribbean slave trade.
Adam Afriyie
The hon. Lady is making a fantastic speech. I am fascinated by the APPG on unconscious bias. Could her first inquiry be on the unconscious bias of the SNP against the English?
Anne McLaughlin
Maybe we will change the inquiry—I need to speak to the hon. Member for Brent North, but perhaps we will change it to the conscious bias of the SNP against the Tories. [Interruption.] Did I hear Conservatives saying, “Hear, hear”? Thank you.
Glasgow University is making reparations for the way in which it benefited from the slave trade. It was the aforementioned Uncle Graham, in his role as chair of Flag Up Scotland Jamaica, of which I am a board member, who approached Glasgow University to suggest that it do that, and it is a lesson in life that if you do not ask, you do not get. The university, to its credit, agreed almost immediately, secured the services of historian Dr Stephen Mullen, did its sums and set about a fantastic reparation programme that is about much, much more than just the money.
I want to end by saying something about tolerance. I have heard too many Members talk about racial tolerance today and how Britain is tolerant. I want to gently but firmly urge them to be careful about their use of that word, or be prepared to explain who exactly we are tolerating and what exactly they do that requires tolerance. Language really matters and we should all, including me, be ready to examine our own.
Draft Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2017
Draft Tax Credits and Guardian’s Allowance Up-rating etc. Regulations 2017
Anne McLaughlin Excerpts(7 years, 8 months ago)
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Anne McLaughlin (Glasgow North East) (SNP)
I draw the Committee’s attention to the explanatory notes to the draft tax credits uprating regulations, which point out that previous Acts required
“the rates of Child Benefit to be reviewed each tax year, however this is not being done for this tax year”
because, as the Minister said, section 11 of the Welfare Reform and Work Act 2016 froze child benefit for four years. The Scottish National party has called on the UK Government to end that freeze, which, coupled with increased living costs, is putting even more pressure on the finances of low-income families. We are talking about pitiful upratings, but for people on such low incomes every penny really counts. The Minister will therefore not be surprised to hear me say that, although we welcome these upratings, the same should be done for all benefits that are currently frozen.
On the other set of regulations, although the SNP disagrees with aspects of the policy intent, the area the Committee is exploring is consequential on a Government policy that is not in itself controversial. That said, we have several wider concerns for the future of the UK economy and the Scottish economy, and they are not just our concerns.
I will not go into too much detail, but the Fraser of Allander Institute has warned that Brexit could reduce Scotland’s economic performance. The institute’s modelling of the World Trade Organisation scenario suggests that after 10 years, GDP would be more than 5% lower—£8 billion in today’s terms—than it would otherwise have been and real wages would be 7% lower, which is equivalent to an average reduction of £2,000 per year. It also projects that the number of people employed would be 3% lower—that is 80,000 jobs.
The Resolution Foundation estimates that, combined with UK Government policies, lower growth post-Brexit will hit low-income households in particular. For example, a lone parent working part time on the national living wage could be up to £2,640 a year worse off by 2020-21. That is just not sustainable for people on such low incomes. A couple with three children on low wages could be up to £3,650 a year worse off by 2020-21.
The European single market has opened Scotland to a market of more than 500 million people. Scottish exports to the EU were worth £12.3 billion in 2015—the EU accounted for 43% of Scotland’s international exports. There are 1,000 companies in Scotland that are owned in the EU, which employ more than 127,000 people. In 2015, Scotland secured more foreign direct investment projects than any part of the UK outside London, and FDI has created 40,000 jobs in Scotland since 2006. Around 181,000 EU citizens live in Scotland, bringing new skills and expertise.
Those are just a few examples of our concerns about the wider economic impact. As the hon. Member for Stalybridge and Hyde said, we will not divide the Committee, but I wanted to take the opportunity to make some comments.
Question put and agreed to.
DRAFT TAX CREDITS AND GUARDIAN’S ALLOWANCE UP-RATING ETC. REGULATIONS 2017
Resolved,
That the Committee has considered the draft Tax Credits and Guardian’s Allowance Up-rating etc. Regulations 2017.—(Jane Ellison.)