UN Syrian Refugees Programme

Barry Gardiner Excerpts

Monday 20th January 2014 Commons Chamber

[Mr Harper]

I am grateful for my hon. Friend’s question, and the fact that it is informed by his recent visit to the region where he was able to see practically what our colleagues in Turkey—one of the neighbouring countries—are doing to help on the ground. In answer to his specific question, he is right: we have been pushing for better access within Syria and we need to continue to do so, so that we and the aid agencies can get access to the 6.5 million internally displaced people and provide the help they need, as well as providing help to those in the neighbouring countries.

[Barry Gardiner (Brent North) (Lab)]

The Minister is absolutely right to praise the Department for International Development for the work it has done, but it is his Department that has been called to the Dispatch Box today, not DFID, and he has undermined his own argument. He said that what is being asked of the Government is simply nugatory—that it is insignificant, that it is a token. If it is so small, why do the Government not do it? Is it because it will contribute to the Minister’s net migration figures? Is that what he is afraid of?

[Mr Harper]

First, Ministers speak at this Dispatch Box for the Government and set out the Government’s policy. We do not have different policies in different Departments. The hon. Gentleman ought to go away and have a look at that, because we have a collectively agreed policy and I am setting out the Government’s response to the question asked by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). The reason why I do not want to agree to the proposition the hon. Gentleman puts is that the Government do not think it is the right solution. We think that the solution we have set out, which is to provide the UK’s largest ever response to a humanitarian crisis, will be more effective in helping in the region, and I think that is the right thing to do.

Immigration Bill

Barry Gardiner Excerpts

Tuesday 22nd October 2013 Commons Chamber

[Mrs May]

I am going to make some further progress.

Part 3 is about migrants’ access to services. We want to ensure that only legal migrants have access to the labour market, free health services, housing, bank accounts and driving licences. This is not just about making the UK a more hostile place for illegal migrants; it is also about fairness. Those who play by the rules and work hard do not want to see businesses gaining an unfair advantage through the exploitation of illegal labour, or to see our valuable public services, paid for by the taxpayer, used and abused by illegal migrants.

Hon. Members will know that the right of non-European economic area nationals to work in the UK is restricted, and where the right to work is granted, it may be restricted to a particular employer or limited hours. Employers are required to ensure that their employees have the right to work in the UK and if they do not, they will face penalties, but the process for enforcing those fines is complicated. The Bill will streamline that process, making employers think again before hiring illegal labour.

Let me turn to the national health service. Many temporary migrants are currently allowed free access to the NHS as if they were permanent residents. Such an approach is extremely generous, particularly compared with wider international practice. Our intention is to bring the rules regulating migrant access to the NHS into line with wider Government policy on migrant access to benefits and social housing. That means restricting access to free NHS care to those non-EEA nationals with indefinite leave to remain and those granted refugee status or humanitarian protection in the UK. Under this Bill, other migrants will have to contribute.

Temporary migrants seeking to stay in the UK for more than six months will have to pay an immigration health surcharge on top of their visa fee. I assure the House that this surcharge will make the system fairer and will not undermine our aim to attract the brightest and the best. We have carefully examined what other countries do and will ensure that the UK offer is a competitive one in a tough global market.

[Barry Gardiner (Brent North) (Lab)]

Will the Secretary of State give way?

[Mrs May]

I want to make more progress.

Dealing with migrants is not new for the NHS. There is already a framework for charging other countries. The NHS must enforce it and recover the cost of treating foreign nationals from foreign Governments, and all of us in government will work with it to make the system work.

The Government also want to ensure that illegal immigrants cannot hide in private rented housing. We are already working with councils to tackle rogue landlords who provide beds in sheds and illegal, overcrowded accommodation. Under the Bill, we will go further and have the necessary powers to deal with rogue landlords who rent homes to illegal migrants.

--- Later in debate ---

[Mrs May]

I will give way to the hon. Member for Brent North (Barry Gardiner), because I have not done so yet.

[Barry Gardiner]

The most recent migration statistics quarterly report by the Office for National Statistics was published in August 2013 and it noted that the net flow of long-term migrants was 176,000, compared with 235,000 in June 2010, when the right hon. Lady’s Government came to power. That suggests that the figure of 25% cited by my hon. Friend the Member for Rochdale (Simon Danczuk) when he intervened earlier is right and that the right hon. Lady’s figure of 33% is wrong. Will she confirm that those are the latest statistics and that the reduction was by 25%?

[Mrs May]

If the hon. Gentleman looks at Hansard, he will see the answer I gave to the hon. Member for Rochdale (Simon Danczuk). I said that net migration has come down by a third from its peak in 2010. That figure is absolutely correct, because in September 2010 the figure was 255,000 and the latest figure, therefore, is a fall of 31%.

--- Later in debate ---

[Yvette Cooper]

My right hon. Friend makes an important point. The Government decided to suspend the contract three years ago, in 2010. There has been a complete freeze with no contract in place and no proper action taking place. He is absolutely right that we need not just proper checks in place when people arrive, but proper checks on deportations and departures to be able to take follow-up action on illegal immigration.

What was the Government’s flagship policy to tackle illegal immigration, which was trailed by the Prime Minister, who this summer promised new action? It was to hire a man with a van to drive around in circles for two weeks. What was the Home Secretary thinking? Did she really think that people here illegally, who have ignored Home Office letters and avoided UK Border Force scrutiny, would change their minds because they saw one of her posters on an ad van? What did she think people were going to say: “Oh, thank goodness I saw the ad van today. I had just forgotten I was supposed to go home. Hang on while I pop out and get an airplane ticket”? Will she confirm that only one person has rung up to return? He did not even see the vans: he saw a picture in The Guardian. This has not just been a blunt instrument; it has been a complete failure. Will she admit that this has been a pointless gimmick from the start?

Last week the Immigration Minister said that the vans could be rolled out around the country, but instead the Home Secretary strung him out and today decided that the policy is a blunt instrument and she will not do it again. Why did she do it in the first place? Will she stand up and tell the House how many people returned home as a result of it? The Immigration Minister said that only one person returned as a result of the ad vans, but will the Home Secretary say how many people have returned as a result of her ad van approach?

This is not just about a policy that is ineffective and a blunt instrument. The Home Secretary sent the van around four London boroughs with the highest proportion of ethnic minority British citizens. One Brent resident—a British citizen—said:

“As a child in the 1970s with migrant parents I remember how ‘go home’ was shouted at us in the streets and graffitied on walls. One of my earliest memories is of the panic I felt when hearing my parents discussing in hushed tones whether we would indeed have to ‘go home’, as we watched the National Front march on TV.”

The Home Secretary agreed to that slogan. She agreed to send it round communities whose parents heard it from the National Front in the 1970s, and whose British citizens work in our public services, build our businesses, and fight in our armed forces today. She signed off and defended that policy, all for the sake of one person returning. She should be better than that, and I hope she is ashamed of what she did.

[Barry Gardiner]

I am grateful to my right hon. Friend for allowing me to intervene, because Brent was one area where the van came round. On the occasions when it did so, the division and hurt that it caused in the community was extraordinary. Does she agree that the policy could not have been introduced because the Home Secretary genuinely thought it was likely to inspire anyone to leave the country, and that instead it was a calculated political propaganda move? As such, her party should pay back to the taxpayer the cost of those vans.

[Yvette Cooper]

My hon. Friend makes an important point, and the Home Secretary should confirm that she will never pursue such divisive gimmicks again. That is beneath her and ought to be beneath the Government.

--- Later in debate ---

[Barry Gardiner (Brent North) (Lab)]

I am proud to speak in today’s debate. The speeches of my hon. Friends the Member for Slough (Fiona Mactaggart) and for Lewisham East (Heidi Alexander) were quite magnificent. They dealt with this issue from their own experience, as did my right hon. Friend the Member for Leicester East (Keith Vaz), Chair of the Home Affairs Committee, who always speaks so eloquently on these matters. I would even say—those who know me will know how much it costs me to do so—that the hon. Member for Brent Central (Sarah Teather) also made a very good speech.

The quality of the speeches comes from the nature of Members’ constituencies. It was instructive that the hon. Member for Henley (John Howell) should say that when the Bill was published he received correspondence from his constituents who, of course, are the landlords, while the constituents who wrote to my hon. Friend the Member for Lewisham East and to me are the tenants. Each of us in this place is properly reflecting the views of our constituents, but, on behalf of those against whom the Bill will be so penal, I hope that hon. Members who do not share the same constituency issues and problems might take note of some of the speeches that have been given already.

I want to focus on the heart of the Bill, which is that the Home Office argues that the immigration appeals framework is flawed. To whom will it give the work? An internal Home Office review estimated that approximately 60% of the volume of allowed appeals are due to casework errors. The Home Office believes that the appeals framework is flawed, but part of the problem with that framework is the poor quality of its initial decisions, which then clog up the appeals process. How can the Home Office believe that an administrative review process will properly go to the heart of the problem? It will not.

As the Bill stands, refused applicants will be required to apply for administrative review within 10 days of receiving the decision. All of us who have extensive correspondence with the Home Office know that most of the decisions come back to lawyers. So lawyers will be required to make that administrative review application within 10 days, but the Home Office must know full well that that simply will not happen. It is not happening at the moment. Many of our constituents do not receive notification from their lawyers until several weeks after even a positive response has been received from the Home Office. The very idea that such a review could be made within 10 days is quite simply incredible. Those officials who have told, written to and persuaded Ministers that this can be done know only too well that that is false.

Under clause 11, where there is right of appeal to the first tier tribunal, refusal decisions made on erroneous grounds or without reference to highly relevant information simply cannot be challenged. The option to raise challenges to unlawful decision making before the High Court in judicial review proceedings will remain, but that means that the time of the High Court judges will be used in pointing out basic errors in Home Office decision making. The Home Office states that the immigration appeals framework is overtly complex, slow and expensive, but reducing the number of appeals will cause the number of applications for judicial review to soar. That will be more expensive, slower and less effective, but it will be the only lawful option left for many cases. The High Court is likely to become the first port of call for those opposing deportation decisions. Again, immigration officials in the Home Office know that. They know that they are taking a bottleneck from one part of the system and putting it in another part where it will be more costly to the public purse.

In the light of the proposed reforms to judicial review funding and challenges to legal aid, including the proposed adoption of a residence test, judicial review will not be practically accessible for a number of cases, leaving individuals without any form of redress and the Home Office with no imperative to improve its processes.

[Mark Reckless]

Will the hon. Gentleman give way?

--- Later in debate ---

[Barry Gardiner]

In one moment.

I listened carefully to the right hon. Member for Mid Sussex (Nicholas Soames), who made the interesting point that without the speed cameras we cannot see things going wrong. On the same principle, if we take off the monitoring, the Home Office will not improve its processes. The light that judges can currently shine on what is going on in the Home Office to show where it is incompetent, where it is taking arbitrary and flawed decisions, will no longer be there. According to the Home Office’s own statistics, 32% of deportation cases and 50% of entry clearance applications were successfully appealed last year. That means that the initial decision was wrong. We need the judges to be able to keep that focus on those wrong initial decisions. Yet the Government’s response to this high margin of error is not to seek to improve the quality of their decision making, but rather to reduce the opportunities for challenge. Instead of improving the bad administration and inefficiency at the heart of the Department, the Government are shifting the responsibility and attacking due process.

The administrative review process already exists for overseas applications, but my own experience of entry clearance manager reviews is that they are slow and of little better quality than entry clearance officers’ decision making. It is difficult to believe Ministers’ estimation that an administrative review would be processed within 10 working days of an application given the historic backlogs that already exist in the Home Office.

The Department has included in its impact assessment a summary of the ongoing costs and benefits of the changes to appeals. It has come up with a figure of £261 of benefits through a decrease in appeal costs. Interestingly, however, it has not included administrative review costs in the cost side of the analysis. It acknowledges that those costs will exist, but it has put in that column the word “unknown”. They are unknown, but the Home Office could have estimated them and did not, because that figure would have made the cost-benefit analysis come out in a way that the Minister did not wish. That is shameful.

In response to the point that my hon. Friend the Member for Rhondda (Chris Bryant) made about the problem of landlords having to check people’s status, the Home Secretary said that we already had such a system for employers. We do, and I will read a letter of 14 December last year from an employer to an employee, whom I will call RS. It states:

“I am writing to advise you that we have received notification from the UK Border Agency regarding your entitlement to work in the UK and would like to invite you to an investigation meeting to discuss this and other aspects of your right to work in the UK…I must advise you that you are currently suspended (no payment) pending further investigation as we have liaised with you and unfortunately you have not provided us with the necessary documents to confirm your eligibility status within the UK.”

A week later, the employer wrote to RS again, stating:

“I am writing further to the investigatory meeting held on Tuesday 18th December 2012…We have received notification from the UKBA to advise us that they cannot confirm your status to work within the UK. We advised you of this notification and requested that you provided us with further documentation…I am therefore writing to you to confirm that you are required to attend a formal disciplinary hearing”.

That was on 21 December. I had become involved in the intervening period and written to the UKBA about the case. It confirmed to me on 19 December that the case had been logged on its computer system, and that from that date the employer should have got a positive response when phoning the employer checking service. I understand that a manager checked on 7 January, but again, the system showed a negative response.

On 9 July, seven months later, I got a letter from the Home Office, which read:

“Thank you for your letter of 18 June with enclosure on behalf of”

RS. It stated that it had received her application on 27 July 2012—a year previously—

“and it is now still awaiting consideration…I am sorry to hear that”

Ms RS

“is experiencing problems with her employers. She may be interested to know that employers can check the eligibility of prospective employees to work in the UK by using the online Employer Checking Service”—

which was precisely what her employer had done the previous December, when she had not been logged on it, and every week and month since. The Home Office has done nothing, and a woman has lost her job and livelihood. The Home Secretary holds that up as an example to show that the system is already working. I think not.

Let us not be down on the landlords, though. I have a letter to the Home Office from a landlord, Mrs Patel, which states:

“I can confirm that”

Mr KA

“is my tenant. He lives at the property with his wife and three children. I understand that he is in great financial difficulties”—

that is because his case has been in limbo with the Home Office for 15 years—

“and I have accommodated this only because he has three very young children. However, I am unable to continue with this arrangement as I have a mortgage and other bills to pay. I would appreciate if his claim could be dealt with urgently so he is able to get help, as I am no longer able to let him stay at the property without paying his rent. I don’t wish to see him homeless, as he has three young children.”

That is a landlord who is acting like a human being. The Bill asks that she instead act like an immigration officer. Tenants often have limited leave to remain in this country and apply for additional leave to remain. During the pending period, what can a prospective landlord do? If they do not know their prospective tenant’s immigration status, they will not take them on.

I have to respect your wish for others to be allowed to speak, Mr Deputy Speaker, although there are of course many cases that I would like to cite. I must finish, however, by talking about the racist van that affected my community so dreadfully this summer. The Government claim that the objective was for people to realise that they could get assistance in going home. However, every person whom the Government could deport has received a letter telling them that. Mr KN has been signing on every single month for 12 years, and on every one of those occasions an immigration officer could have detained him and taken him for deportation. They have not done so. They know where every one of the people targeted by the van lives, but they have not bothered to go and ensure that they are detained and deported, because they do not want the costs. The idea that the racist van was sent out to remind people that they could go home, when thousands of people are not being deported with the full knowledge of the Home Office, shows that that Department is the most dysfunctional in government.

[Several hon. Members]

rose—

Home Affairs

Barry Gardiner Excerpts

Thursday 9th May 2013 Commons Chamber

[Barry Gardiner (Brent North) (Lab)]

The Queen’s speech should not have been written on vellum; it is so thin that it should have been written on onion skin. Being slim and having little content might not be bad things in themselves. When Governments are confused and conflicted, it is sometimes better to do nothing rather than frame incoherent legislation. Unfortunately, the legislation framed in the Queen’s Speech does not meet that test—much of it is incoherent. One cannot help asking how easily the Government’s commitment to supporting people who have saved for their retirement sits with a record of quantitative easing that has eroded savings income through reduced interest rates and reduced annuity rates.

I cannot help but wonder how a Bill to reduce the burden of excessive regulation on business will sit with the immigration Bill, which appears to be the flagship Bill of the Queen’s Speech. The immigration Bill will mean that businesses and landlords will be fined and turned into enforcement agencies of the UK Border Agency and the Home Office. The Government have proudly preached the one in, one out principle, but, notably, the Home Secretary has so far failed to identify any corresponding regulations for that regulatory burden.

The Home Secretary spoke of how she would dispose of immigrants with criminal records. Criminal checks are a vexed issue in the Home Office. In March, I wrote a letter on behalf of a constituent—I will call him Mr S. I was advised in December 2011 that Mr S would be granted leave to remain, subject to security checks. I wrote:

“A further fifteen months has now passed however and”

Mr S

“has still not received a final decision on his case. In your response of September 2012 you acknowledged that due to the delay in concluding”

Mr S’s

“case, the original security checks were no longer valid and a new set had been requested. You also advised that they are only valid for a period of three months.”

I asked:

“Please confirm that this second set of security checks has not now also expired and that you now need to apply for a third set. This would be completely unacceptable; however six months has now passed since your letter in September advising that the second set of security checks had been requested”,

so that might be the case.

In that case, the Home Office had already accepted that somebody would be granted leave to remain, subject to security checks being acceptable, but getting those checks has been impossible for Mr S. During that time—more than a year—he could have been functioning properly, employed in his community and earning, and getting on with his life, but he was absolutely unable to do so because of the incompetence of the Home Office. If we are to have a system in which enforcement is properly carried out and we get rid of people subject to security checks, let us at least ensure that those checks are conducted efficiently.

I have great respect for much of what the hon. Member for Cambridge (Dr Huppert) says in the Chamber. However, I had to laugh when he said, “It would be fine if an employer or landlord simply put details into a computer and got an answer.” Let me tell him what the MPs’ inquiry line and the regional account managers are like. Regional account managers do not always meet their response target of 10 working days. Responses are often holding responses even when they come through. Sometimes, no response at all is received. Rarest of all is a conclusion to a case.

I raised that problem with the MPs’ inquiry office. I was advised that Helen McIntosh, who was formerly in charge of that service, had been moved to other work. At that point, a rota of staff managed the service. It is a constant problem that staff are rotated and moved to other duties, leaving half-finished cases to be picked up again only when the MP chases up the inquiry. In one legacy case last year, we were given repeated assurances over a period of several years that the case would be concluded within deadline after deadline, all of which were not met. Finally, I had a personal commitment from Mark McEvoy to resolve the case by a certain date. When he did not do so I requested a meeting with him. Before that could be arranged, however, I was advised that he had been moved on to other responsibilities.

The idea that one could put a prospective tenant’s name and their Home Office reference number into a computer and get a response by return from the Home Office so that one could say, “That’s fine, you can take the flat next week,” is ridiculous. If hon. Members do not understand that this will lead to discrimination in the provision of services, they are making the cardinal political mistake of believing their own political propaganda.

Let me turn to support for family life, something on which the Government say they pride themselves. A constituent of mine, with a young baby who is a British citizen, is estranged from her violent partner and has been granted limited leave to remain for 30 months on a 120-month pathway to settlement. This single parent who has been subject to domestic violence will have to renew her application every 36 months and pay a fresh, exorbitant fee that, if she is looking after her child, she cannot work to afford to pay. During this period of 10 years, she can work but not claim any of the following public funds: income-based jobseeker’s allowance, attendance allowance, severe disablement allowance, carer’s allowance, disability living allowance, income support, child tax credit, working tax credit, social fund payment, child benefit, housing benefit, council tax benefit or state pension credit. I thank the Government for supporting the family in the way that they do—a woman subject to domestic violence whose child is a British citizen, and they propose to toughen the immigration rules! One could hardly do so.

I want to honour your commitment to letting us move on, Mr Deputy Speaker, so I will stop talking about immigration and move on to the final aspect of the Queen’s Speech that it would be remiss of me not to address: the parts of the speech that were not there. There was talk of the Energy Bill, a carry-over Bill that needs to be finished off. The reference to infrastructure in the Queen’s Speech is clearly part of that. The draft Bill was published and we complained that it contained no energy efficiency measures. We were told they would be in the Bill. The Bill was published. It contained no energy efficiency measures and we were told that they would be introduced in Committee. In Committee, there were still no energy efficiency measures. We were told that they would be introduced later in Committee. By the end of the Committee stage we were told that they would come later still. I hope that they will appear later, on Report. I fear that they will appear later in the House of Lords, and that Members will have no opportunity to scrutinise the key, essential bedrock of any energy policy for the next 40 years—energy efficiency. It is an absolute travesty that the Government are seeking to use a carry-over Bill to deny Members the opportunity to conduct proper legislative scrutiny in this Chamber.

The Government have made a classic mistake when it comes to energy policy. They have looked at energy policy in the way that a phlebotomist looks at an organism, concerned only with the blood supply. Energy is the blood supply that keeps an economy working, but they should look at it like a general practitioner would, by looking that the health of the whole organism. The Government have singularly failed to do that. It is essential that we see our energy policy as part of our economic policy and industrial strategy. That is why the Government have failed to introduce proposals for the second phase of carbon capture and storage. That is why their legislation to ensure that no decarbonisation target for 2030 can be brought into law before at least 2016, and maybe not after that, is a catastrophic failure. It fails to ensure that the relevant investment in low-carbon generation is incentivised. That is locking us, as the Chancellor would have it, into high carbon, fossil fuel growth well into the future. It is ensuring that our industry, and the jobs and growth dependent on it, is not being invested in at the moment.

There are many others who wish to participate in the debate and for that reason I will conclude my remarks. It would have been of great benefit to see a food strategy Bill. It would also be nice to think that the throwaway line at the end of the Queen’s Speech, which said that climate change would be on the agenda of the G8 summit after all, had some substance, but we will have to wait and see.

Alcohol: Minimum Unit Price

Barry Gardiner Excerpts

Thursday 14th March 2013 Commons Chamber

[Mr Browne]

My hon. Friend makes the case for a minimum unit price but, as I have said, it is not as straightforward as she implies. There are practical considerations. There are reasons to be concerned about people on moderate incomes who wish to buy alcohol at an affordable price and do not understand why the Government would wish to set an artificial floor that would make it more expensive for them to buy alcohol. There is a perfectly respectable libertarian argument that individuals should be free to decide how they live their lives without a prescriptive Government attending to the details for them.

[Barry Gardiner (Brent North) (Lab)]

Contrary to the settled view of the House, the Minister has read the responses to the consultation. Will he remind the House which health organisations have responded and what they have said about the cost to the national health service of cheap alcohol?

[Mr Browne]

Large numbers of health organisations have responded. The Under-Secretary of State for Health, the hon. Member for Broxtowe (Anna Soubry), who I am delighted to have here with me, has said that she will write to the hon. Gentleman specifically on who those organisations are, and I am sure that she will do that very speedily.

Oral Answers to Questions

Barry Gardiner Excerpts

Thursday 14th February 2013 Commons Chamber

[Hugh Robertson]

Access to resorts, particularly seaside resorts, is one of the key issues that will drive domestic tourism. The numbers are increasing considerably, but one of the great challenges facing domestic tourism is getting more tourists out of London and into coastal resorts. That is one of the issues we are seeking to address.

[Barry Gardiner (Brent North) (Lab)]

I am sure the Minister will share my disappointment that libraries have become a political football between national and local government. Does he agree that perhaps the best way of safeguarding our libraries is to define more clearly what constitutes a statutory comprehensive library service?

[Mr Vaizey]

We have issued clear guidelines to local authorities based on the Charteris review, but I agree with the hon. Gentleman that libraries should not be a political football. It is important that local authorities be free to make decisions about the future of their library services. The decisions taken by the Labour council in Brent were based on proposals that were six or seven years old and not related to cuts.

European Justice and Home Affairs Powers

Barry Gardiner Excerpts

Monday 15th October 2012 Commons Chamber

[Mrs May]

I have noted the points raised by my hon. Friend and the right hon. Member for Leicester East (Keith Vaz). Europol currently has a very good head. He is British—Rob Wainwright—and has just been reappointed for another term, but I have, of course, heard the points raised in the House today.

[Barry Gardiner (Brent North) (Lab)]

The Home Secretary wants to opt out in general, but opt back in, in particular, which implies she believes that specific measures are very much to the benefit of UK crime prevention and justice. Has she made an impact assessment of what will happen in the period between those measures not being enforced, and the point at which they are reintroduced? Will that impact assessment be made available to the public so that they can participate in the consultation she has mentioned?

London Metropolitan University

Barry Gardiner Excerpts

Monday 3rd September 2012 Commons Chamber

[Damian Green]

I agree with my hon. Friend that the vast majority of universities have been able to cope with the recent growth in foreign students without any problems. We have had to suspend the licence of two other universities since we started effective enforcement action. Both universities managed quickly to resolve the situation and ensure that they could continue as sponsors. That is not the case with London Metropolitan, where the situation is significantly more serious than any previous case we have seen. Indeed, the institution itself must bear the responsibility for what happened in this case.

[Barry Gardiner (Brent North) (Lab)]

Since the third-year students came to this country, the visa conditions have changed. For those third-year students who are unable to secure a new university course within the 60-day period, will the Minister apply the same visa conditions that applied when they came to this country—with the full expectation of finishing their courses at London Met—so that their partners will therefore be allowed to work, which for many is an important source of funding that enables them to be here?

[Damian Green]

I do not think that it would be appropriate to announce relaxations in the rules. Indeed, the hon. Gentleman may not have heard, but I have said that the curtailment letters that start the 60-day period will not go out until 1 October, to ensure that we enable those people to come and find a new course. However, he has also revealed—perhaps inadvertently—one of the problems: people are coming here as students precisely so that they or members of their family can work. People who come here to study should come here to study. That is what the student visa is meant to be for. It should not be, either directly or indirectly, a way to gain a work visa.

Immigration

Barry Gardiner Excerpts

Monday 12th December 2011 Commons Chamber

[The Minister for Immigration (Damian Green)]

I beg to move,

That this House has considered the matter of immigration.

It is very important that the Government have found time for this debate today. Immigration is a big issue for many millions of people, and this Government, unlike their predecessors, are not going to sweep the debate under the carpet. It is very important, because immigration stands at the centre of what we want this country to be.

On the one hand, we know what benefits immigration brings to this country’s culture, society and economy. Many of our communities have been enriched by the contribution of generations of migrants, and it is absolutely right that in today’s competitive global economy we attract the brightest and the best to this country.

[Barry Gardiner (Brent North) (Lab)]

The Minister talks of attracting the brightest and the best to our country. I had a meeting with him a week or so ago about those brightest and best students who came to this country to study at the TASMAC business school. They have been subject not only to the fraud perpetrated on them by TASMAC, which went into liquidation, but to the Home Office now saying that they came to this country to study on one basis, namely that they would be allowed to work for 20 hours in the afternoon, but that that will no longer be admissible, given that they have to extend their visas because the college has gone bust. Does the Minister think that that is fair; and does he think that it is the way to attract the brightest and best in the future?

[Damian Green]

The hon. Gentleman is aware, because he has indeed had a meeting with me, that we must have rules in place. A huge number of bogus and fraudulent colleges have been closed down, one way or another. Of course, genuine students will have been caught up in that, and we give those genuine students 60 days to find a properly accredited college to move to. I think that two months is a fair time in which to ask people to find a new course. [Interruption.] The hon. Gentleman continues to chunter from a sedentary position, but he has to accept that we must enforce the rules and do so fairly; that is why we have the 60-day period. The alternative is to allow potentially bogus students to come here, or genuine students to come here and be exploited by bogus colleges. The tough action we have taken in this field is not only good for our immigration controls but good for genuine students who want to come here—the brightest and the best, to whom I referred—and who will no longer be exploited and defrauded by the bogus colleges that have existed for far too long.

--- Later in debate ---

[Damian Green]

I am pleased to hear from my hon. Friend, who has a long history of campaigning on the issue on behalf of his constituency, that he has seen signs of the success of that activity in Peterborough. As he knows, the problem to which he refers is concentrated in particular areas, so we are not planning to roll the scheme out nationally. That would not be the best use of resources. We want to concentrate on the two or three areas in which that problem is most acute.

Apart from the successful arrests and prosecutions that I have talked about, we are also working to remove people more quickly to more countries. Between May 2010 and October this year, we completed a total of 68 special charter flights of people being removed who had no right to be here, which resulted in 2,542 removals. We are also tackling the problems of the past as they relate to foreign national prisoners. We are starting the deportation process earlier and removing foreign criminals quicker than ever.

Finally, being selective is also about protecting the most vulnerable. Britain should always be open to those genuinely seeking asylum from persecution. As I have said, the asylum system is demonstrably better than it was a few years ago. Over the past 15 months, we have reduced by a quarter the number of asylum seekers awaiting a decision on their application.

[Barry Gardiner]

I welcome much of what the Minister has said, but there appears to be a glitch in the legacy casework that is being cleared up, and I would be grateful if he addressed it before concluding his remarks. When those who have been locked in the last phase of the legacy casework are brought to the attention of the Home Office, instead of the Home Office addressing some of its failings that have left those people in limbo-land, it is fast-tracking them for deportation. The genuine concerns about how their cases have been dealt with have not been addressed.

[Damian Green]

I do not think I understand what the hon. Gentleman means about them being fast-tracked to deportation. That is a legal process, and among the powers that the Immigration Minister does not have—sadly, I sometimes think—is the power to decide how fast the courts operate.

[Barry Gardiner]

rose—

[Damian Green]

I may have misunderstood the hon. Gentleman, so I give way to him again.

[Barry Gardiner]

Perhaps I did not explain the matter as clearly as I should have done. What is happening is that when a Member of Parliament makes representations on a case that has been outstanding, often for many years, and highlights times when the Home Office has failed to respond appropriately or has lost documents, the people in question are suddenly called in for deportation instead of the MP receiving a response that adequately addresses the past loss of documents or failure on the part of the Home Office. Basically, those people are taken out of the system by being taken out of the country, and the problem is not resolved or tackled.

[Damian Green]

If the hon. Gentleman knows of individual cases in which that is happening, I know he will be assiduous in writing to me on the subject. All I can sensibly say is that, as he says, there was clearly a problem. We have now investigated every one of the cases that was left as part of that terrible legacy, and the vast majority of people involved have received a decision. Somewhere between 10,000 and 20,000 cases are still live, either because there has been a long process or, in some cases, because people have reached the end of the road in their legal process, but there are some countries to which it is extremely difficult to remove people, for various reasons that the House will understand. As I said, if he has specific examples, he should let me know and I will take a look at them.

As I said, the asylum process is much better than it used to be, but there is still much that we can do to improve it further. We have specifically initiated an asylum improvement programme aimed at bringing about improvements in the speed, efficiency and quality of decision making. For example, we have introduced an entirely new approach to managing the return of families who have no right to remain in this country. The aim is to encourage and support families to leave voluntarily, with financial and practical assistance, without the need for enforcement action. The number of children entering detention at immigration removal centres and short-term holding facilities fell from 1,119 in 2009 to 436 in 2010 and to just 65 in the first 10 months of 2011. In addition, 14 children entered our pre-departures accommodation in Sussex from its opening in the middle of August to the end of October.

As I hope I have demonstrated to the House, we have taken vigorous and necessary early action to tackle the problem. I know how much passion it raises, and I know how many pressure groups hold strong views on all sides of the argument. We need to have these discussions. If mainstream, moderate politicians do not discuss immigration, we will leave the field clear to the extremists, whether the British National party, the English Defence League or the Islamists, whose only desire is to stir up hatred.

We in this House must lead and shape the immigration debate, and to do so Members of all parties need to have a clear basis for their policies. I will be generous to the hon. Member for Rhondda (Chris Bryant). I do not expect Labour to have a fully worked out policy yet, and I will refrain from teasing him by quoting the noble Lord Glasman’s view about Labour’s lack of honesty on the issue when it was in government. However, I think it is legitimate to ask one simple question. Does the Labour party think that immigration at current levels is too high? If it cannot or will not answer that question, it cannot play a serious part in this important debate.

As I have said, immigration can be beneficial to Britain, but the unsustainable levels that we have seen over the past decade have been damaging to our economy, our society and our country. That is why the Government are working so hard to get a grip on immigration and provide an immigration system that encourages the right people to come here and keeps out those who would harm us. It is not an easy task, and it will take years rather than months, but it is an absolutely essential task for the future well-being of our society. I can assure the House that the Government are implacably determined to get this right.

Metropolitan Police Service

Barry Gardiner Excerpts

Monday 18th July 2011 Commons Chamber

[Mrs May]

Hon. Members have asked that the Prime Minister comes to the House on Wednesday. He will be doing that.

[Barry Gardiner (Brent North) (Lab)]

The right hon. Lady has sought to distinguish the probity of the appointments made by Sir Paul Stephenson and those made by the Prime Minister on the grounds that there is a proper distance between those being investigated and those doing the investigation. Does she agree that there should also be a proper distance between the law-makers in this country and those suspected of lawbreaking?

[Mrs May]

I say what I said earlier about the difference between the Government and the Metropolitan police. The Metropolitan police were in the process of investigating —or had been investigating—the News of the World for alleged wrongdoing. It is right, therefore, that we should look at drawing a line between the investigators and the investigated.

Sex Offenders Register

Barry Gardiner Excerpts

Wednesday 16th February 2011 Commons Chamber

[Mrs May]

I am grateful to my hon. Friend for making that point. I am just pleased that we could take that action today to ensure that we closed that loophole and the others that I mentioned in my statement.

[Barry Gardiner (Brent North) (Lab)]

The Home Secretary has been absolutely right in setting her face against the judgment, but will she confirm that it remains lawful to insist that sex offenders stay on the register for life? Although the measures she has announced are strong and seek to protect the public, she does not have to take them—it would be lawful for her to keep to the higher standard of keeping them on the register for life.

[Mrs May]

We have already had one challenge on this ruled on by the Supreme Court, and there is the prospect of others. We have no further right of appeal through the Supreme Court mechanism, so we are introducing what we believe to be a tough set of measures that will address the issue. Of course, it will continue to be possible for sex offenders to stay on the register for life.