New Plan for Immigration

Bell Ribeiro-Addy Excerpts

Wednesday 24th March 2021 Commons Chamber

[Priti Patel]

I thank my hon. Friend for his constructive tone and comments. The plan is subject to consultation. It should be a people’s consultation. The British public, with the publication today, should absolutely join the consultation, and I encourage all Members to get their constituents on board. At the end of the consultation, we will obviously draft a Bill and bring it to Parliament for a second session.

[Bell Ribeiro-Addy (Streatham) (Lab) [V]]

The 1951 convention relating to the status of refugees and its 1967 protocol state that anyone seeking asylum should be able to claim in their intended destination or another safe country, but the Government’s new plan discriminates by distinguishing between people fleeing the same persecution based on their route or on their mode of transport. Does the Home Secretary realise that, under the new plan, trafficked women, LGBTQ people, and those fleeing political and religious persecution will be left with limited options? Rather than expanding safe and legal routes, the plan could actually leave more of those seeking family reunion at the mercy of people smugglers. The plan does not meet the needs of the most vulnerable, so can she explain how she reconciles this obvious misrepresentation of our obligations under international law?

[Priti Patel]

First of all, I advise the hon. Lady to actually read the immigration plan, because she will see that it is in line with international obligations, including the refugee convention. Secondly, she has spoken about categories of individuals—people seeking to flee who will be persecuted for who they are and for their values. They will, of course, be covered under our safe and legal routes scheme, so she is completely wrong in her misrepresentations.

Policing and Prevention of Violence against Women

Bell Ribeiro-Addy Excerpts

Monday 15th March 2021 Commons Chamber

[Priti Patel]

I thank my hon. Friend for his comments and his practical suggestions. We are doing a lot on CCTV, and we do have the Safer Streets fund, which he will be very aware of. He has raised a number of areas, and I suspect that if he were to join the Committee on the Police, Crime, Sentencing and Courts Bill, he could absolutely contribute to that and make those points there.

[Bell Ribeiro-Addy (Streatham) (Lab)]

I join Members in continuing to extend our thoughts and prayers to Sarah Everard’s family. My constituents have reacted with justified anger to the Metropolitan police’s treatment of those in attendance at this weekend’s vigil to commemorate Sarah and all women who lost their lives to gender-based violence. It is bitterly ironic that an event intended to highlight the issue of public safety for women was blocked on the grounds of public safety. What happened this weekend is a reminder of what happens when police try to completely bypass the views of the communities they serve. Does the Home Secretary recognise that the police’s high-handed approach got the balance between public safety and the right to protest completely wrong? Does she agree that the police’s heavy-handed treatment of female protesters was wrong? Will she now accept that her Police, Crime, Sentencing and Courts Bill is ill-conceived? My constituents are very angry about what has happened and want to know what the Government will do to reassure them that they will proactively address violence against women and girls and deep-seated forms of institutional discrimination in the UK police.

[Priti Patel]

I understand the sentiments that the hon. Lady is raising on behalf of her constituents and obviously recognise the constituency that she represents and the terrible, tragic events that have taken place. All our thoughts are clearly with Sarah Everard and her family. Of course, the Metropolitan police themselves had been involved with the vigil that was planned and spent a great deal of time with the organisers, and the Metropolitan police have been very public about that. I am not going to repeat my comments about seeking greater assurance and ensuring public confidence in policing, hence the reason why Her Majesty’s Inspectorate of Constabulary is now conducting a full, independent “lessons learned” review. I think that is absolutely appropriate. My comments about Saturday evening are on the record and well known.

With regard to the Police, Crime, Sentencing and Courts Bill, that is a manifesto Bill that this Government were elected on, and we will of course participate in its Second Reading later on this afternoon. It is not ill-conceived at all. The British people voted for it. We live in a democracy and this Government will work to deliver on it.

Scheduled Mass Deportation: Jamaica

Bell Ribeiro-Addy Excerpts

Monday 30th November 2020 Commons Chamber

[Bell Ribeiro-Addy (Streatham) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on the scheduled mass deportation by charter plane to Jamaica.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

This charter flight to Jamaica is specifically to remove foreign criminals. The offences committed by the individuals on this flight include sexual assault against children, murder, rape, drug dealing and violent crime. Those are serious offences, which have a real and lasting impact on the victims and on our communities. This flight is about criminality, not nationality. Let me emphasise: it has nothing to do with the terrible wrongs faced by the Windrush generation. Despite the extensive lobbying by some, who claim that the flight is about the Windrush generation, it is not. Not a single individual on the flight is eligible for the Windrush scheme. They are all Jamaican citizens and no one on the flight was born in the United Kingdom. They are all foreign national offenders who between them have served 228 years plus a life sentence in prison.

It is a long-standing Government policy that any foreign national offender will be considered for deportation. Under the UK Borders Act 2007, which was introduced and passed by a Labour Government with the votes of a number of hon. Members who are present today, a deportation order must be made where a foreign national offender has been convicted of an offence and received a custodial sentence of 12 months or more. Under the Immigration Act 1971, FNOs who have caused serious harm or are persistent offenders are also eligible for consideration.

Let me put this flight in context. In the year ending June 2020, there were 5,208 enforced returns, of which 2,630, or over half, were to European Union countries, and only 33 out of over 5,000 were to Jamaica—less than 1%. During the pandemic, we have continued with returns and deportations on scheduled flights and on over 30 charter flights to countries including Albania, France, Germany, Ghana, Lithuania, Nigeria, Poland and Spain, none of which, I notice, provoked an urgent question. The clear majority of the charter flights this year have been to European countries.

Those being deported have ample opportunity to raise reasons why they should not be. We are, however, already seeing a number of last-minute legal claims, including, in the last few days, by a convicted murderer, who has now been removed from the flight.

This Government’s priority is keeping the people of this country safe, and we make no apology—no apology—for seeking to remove dangerous foreign criminals. Any Member of this House with the safety of their constituents at heart would do exactly the same.

[Bell Ribeiro-Addy]

First, no one opposing this flight condones any of the crimes that these individuals have been found guilty of. It is the process of mass deportation that is fundamentally wrong, and it is notorious for bundling people out of the country without due process. Does the Minister recognise that this decision effectively amounts to double jeopardy when those involved in some lesser offences have already served their custodial sentence? Does he recognise the message that that sends about the consequences of being a white offender or a black offender, given the racial disparities in sentencing?

I hope the Minister agrees that no one is above the law, not even the Government, and that no one is beneath adequate defence and proper legal representation, not even those born in other countries. Will he therefore outline whether the deportees have been granted access to adequate legal advice and representation, and whether any have been allowed to appeal this decision, particularly given the lockdown restrictions and the likelihood that they would have no access to legal aid?

On being above the law, the Equality and Human Rights Commission recently found that the Home Office unlawfully ignored warnings that the hostile environment was discriminatory. Can the Minister explain why the Government are so comfortable continuing with a key part of the hostile environment policy when it has been so damningly called into question? Has he considered the 31 children who will be impacted by having a parent removed from this country?

The Home Office has got it wrong again and again on immigration. Will it therefore think again, halt this deportation flight and finally end the illegal hostile environment?

[Chris Philp]

The hon. Lady speaks of what she calls mass deportations. I have already pointed out that, over the last year, of the 5,800 people who have been removed, only 33 have been of Jamaican nationality.

The hon. Lady mentioned black versus white. She was insinuating in her question that there was some element of underlying racism in this, but I have pointed out already that the vast majority of people who have been removed this year have been removed to European countries. This policy applies to people from Spain, France and Italy as much as it does to people from Jamaica. There is no element of discrimination in this policy whatever, and the hon. Lady was completely wrong to insinuate that, in some way, there was.

The hon. Lady asked about double jeopardy. She said that these people have been punished by a prison sentence already, but I say this: if somebody comes to this country, commits a serious criminal offence and puts our constituents at risk, it is right that, once they have served their sentence, or a great part of it, they should be removed. It is not just me who thinks that; it is the Labour Members who voted for this law in 2007 who think that, some of whom are sitting in this Chamber today.

The hon. Lady mentioned the EHRC and the compliant environment. This case is nothing to do with the compliant environment; it is about implementing the Borders Act 2007, as we are obliged to do. In terms of due process, there are ample opportunities to complain and appeal, as many people do, and I have mentioned already the case of a murderer who was taken off the flight just a few days ago following legal appeals.

We are protecting our fellow citizens, and I suggest that the hon. Lady takes a similar approach.

Oral Answers to Questions

Bell Ribeiro-Addy Excerpts

Monday 9th November 2020 Commons Chamber

[Priti Patel]

My hon. Friend raises an important change that is coming through our points-based immigration system, with simplification coming into the system, as he will be aware. He is absolutely right; part of our mantra as global Britain is that we are open to the world and, in particular, to those who want to contribute to our economy and our country.

[Bell Ribeiro-Addy (Streatham) (Lab) [V]]

The British Nationality Act 1981 was amended in 2014 to do away with the outdated notion of illegitimate children and allow a retrospective right to claim a British father’s citizenship by descent. However, the same right was not afforded to the children of British overseas territories fathers. It has been six and a half years since the Government stated their intent to remedy this oversight. What plans does the Home Secretary have to bring about a much needed change in the law?

[Priti Patel]

The hon. Lady is right: that is a much needed change required in the law, and I will make further comments on this in due course.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Bell Ribeiro-Addy Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

Fairness does matter to the people of Rother Valley and EU freedom of movement was never fair, being blatantly discriminatory towards non-EU countries in favour of countries that are largely white and highly developed. That is not what the Opposition will tell us. We have much more in common with our friends in the Commonwealth than with many people in the European Union, but this Bill makes it fair for everyone with the right skills to come and settle in our country. That is why the Bill, unamended, is right.

[Bell Ribeiro-Addy (Streatham) (Lab)]

Much has happened since the last time we debated the Bill in this House. We saw the worst of the pandemic, and we saw the ill-conceived words spoken in this House about who was low-skilled completely disproven, as those same people were our key workers who continue to see us through these tumultuous times. It was refreshing to see some of the regular scare stories about migrants displaced by splashes about migrant key workers. This Bill and the Government’s points-based system, which is not legislated for in the Bill, does not recognise that.

The Institute for Public Policy Research shows that the income threshold would mean that 69% of EU nationals currently here would not even be eligible to enter the country under these new rules. The trade union, Unison, has explained that there will be 122,000 shortages in social care, with projections from think tanks explaining that that could be up to 250,000 by 2030. This does not even help our workforce, our skills shortage or our economy, so what logical reason could there be not to have an impact assessment, as suggested in Lords amendment 1, unless it is a purely ideological one?

I will take some time to debunk some myths about refugees. Refugees are not obligated to claim asylum in the first safe country that they land in, and we are not overrun with refugees. In fact, we are below the European average for asylum applications, with countries such as Germany, France, Spain and Greece all seeing between two and four times as many as the UK, and 85% of all refugees live in developing countries. Our country has a proud tradition of accepting refugees, most notably the Kindertransport children, such as Lord Dubs, and I fully support Lords amendment 4 to continue arrangements to maintain unaccompanied child refugees and family reunion.

As the hon. Member for East Worthing and Shoreham (Tim Loughton) rightly said, without this amendment, there will be no safe and legal routes for vulnerable people. The idea that we would just turn away the most vulnerable is a disgrace, but so is a lot of this Government’s legislation of late. As the great Tony Benn once said,

“The way a government treats refugees is very instructive because it shows you how they would treat the rest of us if they thought they could get away with it.”

The Government have to understand why, following the ongoing Windrush scandal, EU nationals will not be content without physical proof of their status, for which Lords amendment 5 rightfully makes provision. I have said it before, and I will say it again: this is the second time in a decade that a Conservative Government have retrospectively changed the rights of migrants after they have settled in this country. Why should any migrant feel secure?

On the 28-day limit to immigration detention, the Minister has said again and again that there is no indefinite detention, so I would like to know, what is the current limit? I am heartened by the cross-party support that Lords amendment 6 has received and by the release of a number of immigration detainees during the pandemic, but recent outbreaks in Dungavel and Brook House have caused a lot of concern. We have already heard about how much is paid out in claims of false detention. Nearly 70% of those in immigration detention are eventually released and allowed to remain in the UK. Private companies such as Serco and G4S are paid by the Government to hold them. It has to end.

I am proud that the Labour party has consistently and unequivocally stood up to this reactionary Bill since its inception and all its iterations. Our hon. Friends in the other place have done a sterling job in amending some of the most reactionary parts of the Bill, and I support every single one of their amendments. They have tabled these amendments with consideration and compassion to a piece of legislation that so fundamentally impacts the lives of others. It is a disgrace that the Government intend to vote these amendments down, and I wholeheartedly believe that they will sincerely regret this decision.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

It is a pleasure to follow my namesake, the hon. Member for Streatham (Bell Ribeiro-Addy). This Bill is about ending free movement. It is not the place for broader changes to immigration policy in the areas of detention, asylum and care. As ever, the amendments made in the other place are a mixture of the well-meaning but unnecessary and those that seek to undercut this Government’s manifesto commitments. I urge noble Members to reflect on the fact that we have won a majority for these measures. Those of us on the leave side also won the referendum, and continually trying to frustrate what we have repeatedly put to the British people is not a good way for the other place to proceed.

In the brief time I have, I would like to speak about Lords amendments 1 and 2. As the Migration Advisory Committee and the Minister have said, immigration is not the solution to the challenges of the social care system. It depresses wages, and bowing to pressure to exempt it from these rules, in the hope of increasing pay, makes no sense. I was struck by the eloquent speech from the hon. Member for Nottingham East (Nadia Whittome) about her experience in the care sector, and I pay tribute to her work in the sector before and during the pandemic. But our desire to change the immigration system in the future is not to denigrate those who have come here already and served this country so well, particularly during the pandemic. It cannot be the case that we cannot choose to change our system because we believe that that is somehow offensive to people who are already here. We are not proposing to throw people out who are here legally. We are saying that we choose a different future—a future that the British people chose when they chose to leave the European Union and end free movement.

I turn to Lords amendment 2. Under the terms of the withdrawal agreement, EU citizens who settled here before the end of the transition period can apply for settled status, so that the rights they currently enjoy are guaranteed. That is absolutely right. It was negotiated in good faith with the EU, and it applies both ways. But after the end of the transition period, it is right that EU and non-EU citizens should be treated in the same way. There should not be discrimination based on citizenship, and therefore EU citizens should meet the same requirements set out by our immigration rules— the points-based system that we will introduce—as non-EU citizens.

Lords amendment 2 would provide preferential family reunion rights under EU free movement law indefinitely. The result would be that family members of such UK nationals could forever bypass the immigration rules that would otherwise apply to family members of other UK nationals. It would be unfair to other UK nationals wishing to live in the UK with family members from other countries outside the EEA and Switzerland. The British people voted to ensure the creation of a new immigration system built on fairness, not on nationality. The creation of a lifetime right for one group of nationals would undoubtedly be unfair on other UK citizens living overseas who have family members from other parts of the world. When free movement ends, we should treat family members of all UK nationals living abroad equally. We have given a clear date of 29 March 2022 for people to bring close family members to the UK. That is fair. We are giving sufficient time for people to make changes if they wish to do so, but after that we will treat everybody the same.

I do not have time to go over the other Lords amendments, but by rejecting them we will pass the Bill as it was written. It a historic, important Bill. It is absolutely clear that delivering control of our borders, both in terms of the total numbers who come here and the skills that people bring with them, was what the British people—and my constituents in Newcastle-under-Lyme—voted for, and that is what the Bill will let us do. I am happy to vote to bring the Bill one step closer to law.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Bell Ribeiro-Addy Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020 Commons Chamber

[Sir Robert Neill]

My right hon. Friend makes a fair point in that regard. The DPP would be entitled to do that as a matter of course, using the public interest test that would ordinarily apply. We all might concede that that is not an unreasonable proposition under the circumstances. Again, we need more justification from the Minister, as far as that is concerned.

I know that the Minister wants to get this Bill into the best possible shape, and I thank him for his welcome and constructive engagement with me over the last few weeks. I do not want him to think that I am being churlish by raising these points, but it is desirable that we get these matters right, as far as we can. He and I are in much the same place in spirit, but it is about how we can get things right in practice.

Finally, I return to amendment 14. The point was well made—dare I say it, I think the Minister made the opposing case very well—that if the test of reasonable belief is important enough to put in the guidance, it is important enough to put in statute. Anyone who has practised in criminal law will know that reasonableness of belief can be pretty important in determining whether the elements of an offence or a defence are made out, and the Government would do no harm by putting that in the Bill. I hope that the Minister will reflect on that and the other matters that I have raised, and I hope he will recognise that I have done so in the spirit of constructive discussion and in an endeavour to improve the Bill, rather than to obstruct its overall purpose.

[Bell Ribeiro-Addy (Streatham) (Lab)]

As I expect we will not get an opportunity for Third Reading, I start by saying this: another day, and another attempt by the Government to ram through a Bill that puts the Executive and their agents above our laws.

I rise to speak to the amendments and new clauses in my name and those of other hon. Members—amendments that seek to protect our diverse communities, our trade unions and our right to political protest. In doing so, it is important that I correctly frame my contribution and make it clear that I, and others who oppose the Bill, completely understand the need for undercover operations, such as joining a proscribed organisation or selling or possessing drugs as a means to uncover the activities of organised criminals. Ministers have, however, failed to convince us why, unlike other countries, we have decided to legislate for such operations to include authorising criminal actions with no limits—even for the most heinous crimes—with no judicial oversight, and with power so heavily concentrated in the Executive.

Likewise, it is completely bizarre to suggest that the undercover policing inquiry that is due to start next month is irrelevant to this Bill. How can that be so when the inquiry will investigate whether crimes were committed by undercover police officers? The attempt to argue that in the course of such conduct—for example, coercing women into sexual relationships, and infiltrating and sabotaging campaigns and trade unions—no crimes were committed is surprising, to say the least, but to make such assertions before the evidence has begun to be heard, and to introduce legislation that will essentially green-light further such actions, is breathtaking.

Giving the legal go-ahead to such criminal behaviour in the future totally undermines attempts to secure justice for the past. Before I hear anybody say that that is irrelevant, I will point out that it is very relevant to many people and groups, such as the 14 trade unions that recently signed a statement and campaigning organisations including Reprieve, the Pat Finucane Centre, the Hillsborough and Orgreave truth and justice campaigns, the Blacklist Support Group, anti-racist groups and family campaigns for justice. Without question, I stand with them.

[Mr Kevan Jones]

I agree with my hon. Friend that some of the things that have gone on in the past, such as the Finucane case in Northern Ireland, are appalling and perhaps were not covered by what is in place now. But she said that there was no limit to what the state can do under this Bill. However, there is. The Human Rights Act and the 70 pages of guidance—I accept that it should be in the Bill—place limits on such action, because it has to be proportionate. As for trade unions and the other organisations that she mentioned, they are not covered by this. I accept that in the past some bad things went on, as she has mentioned, but that is not the case at present. The Bill simply provides oversight of a process that already is going on.

[Bell Ribeiro-Addy]

I will have to respectfully disagree, but I will come to that point.

Let me start with our amendments that deal with trade unions and blacklisting. Amendment 5 and new clause 4 lay out that a criminal conduct authorisation cannot be granted to a covert human intelligence source within a trade union. Similarly, amendment 6 and new clause 5 seek to prevent the powers in the Bill from being used for blacklisting. Although I understand that the Bill is not about the authorisation of surveillance, in both instances I and my hon. Friends believe it is important to explicitly remove trade unions and blacklisting activity from the powers in the Bill. We cannot and will not simply accept the Government’s assurances, because trade unions are absolutely right to be alarmed. As my hon. Friend the Member for Jarrow (Kate Osborne) explained to the House last week, since 1968, over 3,000 trade unionists have been blacklisted, over 1,000 organisations have been spied on by undercover police, and tens of thousands of ordinary citizens have had files held on them by special branch.

Similarly, for the purpose of protecting legitimate political protest, amendments 3 and 4 seek to remove “preventing disorder” and the

“interests of the economic well-being of the United Kingdom.”

as legitimate grounds for the authorisation of criminality. These grounds are ill defined and wide-ranging, not to mention open to outright political abuse. Again, I point to where they have already been abused. We know that using undercover police, allegedly posing as protesters, to commit crimes and provoke violence, including a violent response from the authorities, has been reported as an ongoing tactic and been discussed in the public domain in recent years, including more recently in the past few months, with regard to the Black Lives Matter protests and climate change and G20 demonstrations. All of these necessarily constitute an unlawful interference.

That is also why I have tabled amendment 1, which seeks to ensure that discrimination on the grounds of protected characteristics are taken into account before any such allowance for criminal conduct is given. I point to that because we know that, in the spy cops scandal, women were unfortunately discriminated against through the way in which they were coerced into sexual relationships, and as we know, ethnic minorities are disproportionately the victims of state violence. As my hon. Friend the Member for Poplar and Limehouse (Apsana Begum) said last week, it is not hard to see that this Bill is just another iteration of the expansion of state surveillance of marginalised communities.

I should also point out that Members from across the House routinely disagree on what is in the interests of the economic wellbeing of this country. Could my disagreement with capitalism be perceived to fall under the auspices of the Bill? Before anybody says, “That’s absolutely ridiculous,” I would remind the House that Labour Members have been subject to surveillance, and no doubt vague and wide-reaching arguments were used at the time. Where does this end?

To respond to my right hon. Friend the Member for North Durham (Mr Jones), is it not also the case that Ministers cannot assure members of the public by saying that the Human Rights Act guards against abuses, as it cannot be applied to individuals, only to organisations? This Bill would permit crimes to be committed in contravention of the European convention on human rights and the individual perpetrators could not be prosecuted, although the UK itself might subsequently be found in breach of the ECHR—a theme that is becoming all too common in the Government’s approach to legislation.

[Joanna Cherry (Edinburgh South West) (SNP)]

As the hon. Lady knows, I and my hon. Friend the Member for Glasgow South West (Chris Stephens) are supporting her amendments, particularly on the trade union angle, but in relation to the Human Rights Act, is it not also true that the Government themselves have argued before the Investigatory Powers Tribunal that the state, in tasking CHIS, is not the instigator of the activity and cannot be treated as responsible for it? There is therefore a real difficulty with the Government trying to give us comfort by reference to the Human Rights Act.

[Bell Ribeiro-Addy]

The hon. and learned Member is absolutely right, and that is why we cannot be comforted by those assurances. They would have to be put on the face of the Bill for us to have any assurance that the Government would not move forward in that way.

It is unfortunate that the Government are laying down a Bill like this, at a time like this, without putting in place clear limitations and proper oversight to prevent what are the gravest violations and curbing the use of such powers for political reasons. Our democracy has to be protected and our rights have to be upheld. Our police and security services should exist to uphold the rule of law, not break it. I therefore urge all Members to vote for the amendments and, if they are not passed, to vote against the Bill.

[Mr David Davis]

I will pay attention to your encouragement to be brief, Mr Evans. Although I support the intent of the amendments in the name of the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), the right hon. Member for Orkney and Shetland (Mr Carmichael), and the hon. Members for Streatham (Bell Ribeiro-Addy) and for Walthamstow (Stella Creasy), I will focus solely on amendment 13.

There is no doubt that there is a need for a Bill like this. Infiltrating terrorist gangs and going under cover as an informant is dangerous and risky work which often requires breaking the law, and the Bill enables authorisation of those breaches of the law. However, amendment 13, in my name and in those of others, explicitly exempts the most serious crimes of murder, torture, rape and others from powers in the Bill. The Government argue that that is not necessary because the Human Rights Act already limits their actions. The question before the House today is this: do we believe that? Do we think that that is sufficient?

Back in the early 1990s, I was one of the Ministers who took the Intelligence Services Act 1994 through the House. Section 7 of the Act enabled MI6 officers abroad to commit crimes in the interests of the state. Inevitably, in the tabloid press, it became known as the James Bond clause, but that is precisely what it was not. It was not a licence to kill. It was a licence to bribe, burgle, blackmail and bug, but it was not a licence to kill. Nevertheless, within a decade, section 7 was being used to authorise rendition, torture and the mass invasion of innocent people’s privacy—crimes that were never countenanced when the Act was put in place. I know that, because I did all the work behind it. It should be understood that the authorisation of those crimes, often within the United Kingdom, occurred after the Human Rights Act had been passed—indeed, while the ink was still wet on its pages in some cases—and it provided precisely zero protection. Likewise, the European convention on human rights, the international convention on torture and the 1949 Geneva convention, to all of which we are signatories and some of which are absolutely binding in law, provided no protection whatever.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Bell Ribeiro-Addy Excerpts

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[James Brokenshire]

The hon. Gentleman makes an interesting point. Some may argue that the inclusion of those words was not of itself necessary, because those agencies are already bound by that requirement. We take the judgment, because of the very relevant points that have been made during the course of the debate, that being clear on the face of the Bill in that regard is helpful. It is reassuring. It creates the context as to how this regime is intended to operate, and that is why it is included in the way that it is.

[Bell Ribeiro-Addy (Streatham) (Lab)]

Will the Minister give way?

[James Brokenshire]

If the hon. Lady will allow me, I will make some further progress, but I will allow her to intervene on me later.

In order to build the credibility and trust of those under investigations, there are occasions where, in carefully managed circumstances and subject to robust independent safeguards, CHIS may need to participate in criminality themselves. This is an inescapable and essential feature of CHIS use and has always been fundamental to this work. Although I am unable to go into the detail about the specific criminality that a CHIS may participate in, for reasons I will come to, limited examples have been discussed in the public domain. For example, a CHIS may be required to join the organisation that they are seeking to disrupt. This membership alone will sometimes be criminal but will be deemed necessary and proportionate to prevent more serious criminality from taking place. Again, without going into the specifics, the use of that tactic enabled the police and MI5 to disrupt a planned terrorist attack on No. 10 and the then Prime Minister in 2017. The necessity of CHIS participation in criminal conduct has been accepted in the UK and around the world for many years. In December 2019, the Investigatory Powers Tribunal found that MI5 has a lawful basis for this activity and recognised that CHIS participation formed an essential part of MI5’s core activities. I want to reassure the House that this Bill does not confer the power to carry out a new activity, but enables CHIS to continue to deploy the methods that they already use. Notwithstanding those powers, this Bill puts that existing practice onto a clearer statutory footing, putting the matter beyond doubt as to Parliament’s intentions. The Bill provides certainty for CHIS and their handlers and will augment our ability to recruit and retain in the future in this regard. It is important to stress that the Bill does not change the position of CHIS who have previously been properly authorised to participate in criminal activity. It has no retrospective effect.

--- Later in debate ---

[James Brokenshire]

I will come on to that issue—this is why, although I wanted to give way to many Members, I wanted at the same time to make progress with my speech. I will not go into the limits of what can and cannot be done because of this issue of what is known as CHIS testing—providing a list against which sources can be tested, which has practical implications to it. What I can say to my hon. Friend is that I will come on to the import of the Human Rights Act in just a second, if he will be patient.

[Bell Ribeiro-Addy]

rose—

[James Brokenshire]

I will give way to the hon. Lady, who has been very patient.

[Bell Ribeiro-Addy]

The Minister has talked about practices that are already permitted, but does he appreciate that there are many, many questions about those practices? That is why there has been the Pitchford inquiry, which has now dragged on for so long that it is about to be called something else. Are the Government not the slightest bit concerned about laying down such a piece of legislation before the inquiry has reported, given the history of agents provocateurs undermining progressive movements such as our trade unions and deceiving women in intimate relationships? All of these things have been carried out before, and people have major concerns about that. Will the Government explain why they have no concerns whatsoever about laying down a piece of legislation without having looked at what that inquiry finds?

--- Later in debate ---

[Nick Thomas-Symonds]

I am grateful for the right hon. Gentleman’s support in that matter, and I am happy that the Minister has made clear that this legislation has no impact on the search for justice in relation to that appalling practice.

The aim of this legislation should be to keep people safe and bring dangerous criminals to justice. I appreciate the assurance that this does not, and is not designed in any way to, disrupt legitimate and lawful trade union activity. Should any Bill do that, it would be opposed by Labour Members.

[Bell Ribeiro-Addy]

From listening to the arguments that have been made, it strikes me that the Bill is presumably intended to protect undercover officers from facing prosecution in a situation where they should not, because they are doing their work. More experienced Members might be able to give me examples of situations where officers have faced prosecution in those circumstances, but I certainly cannot think of any. A few weeks ago, during our debate on the Overseas Operations (Service Personnel and Veterans) Bill, we were told about ambulance-chasing lawyers, and I am wondering whether we will now hear about police-chasing prosecution services.

[Nick Thomas-Symonds]

I certainly would never use divisive rhetoric about those before our courts who are protecting people’s rights; we should be absolutely clear about that. This Bill is on the narrow issue of criminal conduct. It should not and would not have anything to do with trade union and lawful activity, and if it ever did, it would, of course, be strongly opposed. On my hon. Friend’s final point, existing practice versus what happens now is a very important issue. At the moment, this happens in the shadows: it happens where prosecuting authorities are given specific information and the prosecutions simply do not take place. This should be on a proper statutory footing, with the safeguards we are arguing for.

Labour’s commitment is to work in the national interest to keep people, their families, their community and the country safe. That is why I have taken the approach I have with the Bill. We recognise the importance of this activity being on a statutory footing, which is why I will not be opposing the passage of the Bill today. However, in Committee we will look to press the Government on their position. We will hold Ministers to account, seeking to improve the Bill on the vital issue of safeguards, so that the public can have confidence in the process, while law enforcement bodies can carry out the vital work of keeping us all safe.

Draft Immigration (Health Charge) (Amendment) Order 2020

Bell Ribeiro-Addy Excerpts

Tuesday 22nd September 2020 General Committees

[Bell Ribeiro-Addy (Streatham) (Lab)]

I want to associate myself with the remarks of the three previous speakers, particularly those of my hon. Friend the Member for Halifax, because I believe that, overall, immigration surcharges are based on a series of falsehoods.

First, the statutory instrument claims that the order will increase the amount of charge to cover the full cost of use. As a flat charge on all visitors or temporary residents, it is not at all related to use. Some might require no NHS support at all, while others might require substantial NHS assistance, and increasing the surcharge during a pandemic is potentially a disastrous false economy, so I do not know why we are discussing this.

This statutory instrument is also premised on the false notion that the NHS is overwhelmed by health tourism. Despite various Ministers making that claim over a number of different years, they have yet to provide the evidence. On the contrary, according to the Department of Health’s own estimates, the sums are tiny in relation to the overall health budget, which I believe is £140 billion in England alone. In the past few months, the Government have wasted millions on a failed tracing system, faulty face masks, unsafe testing kits and useless antibody tests.

Despite the false claims, it should be clear that that is just another part of the hostile environment policy which, in this case, is used to support the false assertion that the severe problem in the NHS is due to the demand from overseas visitors, when that is simply not so. The truth is that the NHS is underfunded, has health staff shortages—something that could be resolved by allowing more migrants to work in the NHS—and has been starved of funds by outsourcing and privatisation. Those are all Government policies, so I will oppose this statutory instrument.

Counter-Terrorism and Sentencing Bill

Bell Ribeiro-Addy Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st July 2020 Commons Chamber

[Joanna Cherry]

It is a real pleasure to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill), and I endorse his concerns about the provisions in relation to TPIMs. My hon. Friend the Member for East Lothian (Kenny MacAskill) and I have tabled amendments 39 to 41 in relation to the proposed changes to the TPIMs regime. I am also speaking in support of amendments 46 to 51 and 59 to 61, tabled by the right hon. and learned Member for Camberwell and Peckham (Ms Harman), the Chair of the Joint Committee on Human Rights, and signed by me. I will try to keep my comments brief, because I went into these issues in some detail on the Bill Committee and I want to allow others who were not on that Committee to speak.

First, I want to say something about the Prevent strategy review. I endorse what the hon. Member for St Helens North (Conor McGinn) said about that. It is important to remember that it was a recommendation by the Joint Committee on Human Rights, and a successful amendment to the Counter-Terrorism and Border Security Act 2019, which imposed a requirement on the Government to initiate an independent review of Prevent. It has been delayed for reasons that we have heard a lot about, and I think the delay is most regrettable. Clause 47 of this Bill removes the time limit for conducting the review. We in the Joint Committee on Human Rights have concerns about that and we would like there to be a time limit, hence the amendments we have tabled. I am happy to associate myself with the date suggested by the official Opposition.

I note in passing that the delivery of the Prevent strategy in Scotland is devolved, and that although national security is a reserved matter, the Scottish Government’s delivery of the Prevent strategy reflects a rather different procedure. I will not take up too much time with that.

[Bell Ribeiro-Addy (Streatham) (Lab)]

Does the hon. and learned Lady agree that the delay of the review has caused quite a lot of concern in many communities who want better terrorist prevention legislation? Unfortunately, Prevent has demonised Muslim communities and put unfair duties on teachers and NHS workers. All those individuals want better terrorism prevention, but they will not get that if the review is delayed further.

[Joanna Cherry]

I endorse what the hon. Lady says. It is important to remember that black, Asian and minority ethnic communities—particularly the Muslim community —need the Prevent strategy as much as the rest of us, but they must not be demonised by it. That is why I referred to what has happened in Scotland. The Scottish Government, working closely with the Muslim community in Scotland, have managed to avoid that degree of resentment. This review is important for all communities in England and Wales, where unfortunately the same thing has not happened.

I turn to TPIMs. The Scottish National party and the Joint Committee on Human Rights are concerned that a case has not been made out for the changes that the Government wish to make. Others have referred to the views of the independent reviewer of terrorism legislation, Jonathan Hall QC. In the detailed evidence that he gave to the Bill Committee, he described the combination of clauses 37 and 38 as

“a double whammy…not just reducing the standard of proof but allowing TPIMs to endure forever.”

I asked him about the possibility of safeguards, and he suggested the very safeguards that are set out in amendment 46, which is in my name and that of the Chair of the Joint Committee on Human Rights, the right hon. and learned Member for Camberwell and Peckham. Jonathan Hall said that

“if it were right that a TPIM should continue beyond two years, at least at that stage the authorities should be able to say, on the balance of probabilities, that the person really is a terrorist. That is an example of a safeguard.”

He went on to say:

“Turning to the question of enduring TPIMs, another safeguard could be to ensure that a judge would have to give permission—in other words, to treat going beyond the two years without any additional proof of new terrorism-related activity as requiring a higher threshold, or some sort of exceptionality or necessity test, as a further safeguard for the subject.”—[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 15-16, Q33.]

I urge the Government to consider incorporating into the Bill safeguards similar to those suggested by the independent reviewer of terrorism legislation and set out in amendment 46.

As has been said, the problem with the change in the standard of proof is that no operational case has been made for it. I will not anticipate what the Minister will say later, and I may intervene on him if we have time. The independent reviewer of terrorism legislation, Jonathan Hall, who is appointed by the Government and charged with looking at these matters, has said that

“there is reason to doubt whether there exists an operational case for changing the TPIM regime at this point”.

I suggest that the Bill Committee heard nothing in evidence to challenge that. He said that he had had discussions with the Government but had not been able to identify a cogent business case. That is what is missing here. Although this affects only a small number of people at present—of course, it might affect more if the standard of proof is lowered—these are people who have not actually been convicted of any offence, so if the Government want to make such a significant change, it is really important that they bring forward a clear case for doing so.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Bell Ribeiro-Addy Excerpts

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Andrew Bowie]

I share the hon. Gentleman’s views on that issue. In fact, I will come to the seasonal agricultural workers scheme briefly in my speech—if I get that far this afternoon.

In Scotland we have a problem—as I said in my speech on 11 February in this place, we are, as a country, simply not attracting enough people to live, work or invest. The Office for National Statistics estimates that Scotland attracted only 8% of immigrants to the United Kingdom between 2016 and 2018. That is fewer than the north-west of England, Yorkshire and Humber, the west midlands, the east of England, the south-east, London or the south-west. We now have a growing population in Scotland and we need it to continue to grow, but even with freedom of movement we are not attracting enough people to make up for what will soon become a declining population, with deaths already outnumbering births. In 2019, there were 7,000 more deaths than births in Scotland and the problem is even starker in rural communities, as the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) was just saying.

In speaking to new clause 1 the hon. Member for Argyll and Bute was right to draw attention to the effects that the changes to our immigration system will have on the health and social care sector. Although I do not support new clause 1, I urge the Government here and the Government in Edinburgh to work together to find imaginative and creative solutions to the issue, and to work with all stakeholders to see what can be done through the UK-wide immigration system to support and continue to grow the Scottish population, particularly with regard to the health and social care sector on which we rely so much.

Before I move on, it would be remiss of me not to use the opportunity of a debate on immigration to talk about seasonal agricultural workers. I know that I am at risk of sounding like a broken record, as the Minister has heard representations from Scottish Members of Parliament on this issue a few times before, but the fact remains that Scottish agriculture relies on, and therefore simply needs, seasonal labour. A farm in my constituency saw a 15% shortage of seasonal labour last year, which led to an estimated loss of over 100 tonnes of produce. Although I welcome the quadrupling of the seasonal agricultural workers scheme from 2,500 to 10,000 workers—a very welcome first step in this direction of travel—the needs of Scottish agriculture for seasonal labour are, in fact, considerably higher.

Numerous amendments and new clauses have been tabled to the Bill, and no doubt they all have a good intention behind them: Members want to create an immigration system that is fair, humane and understandable. I say in particular to my hon. and right hon. Friends who tabled new clause 29 that although the intent is good, we must allow the negotiations with the European Union time to play out. We have presented an offer to the EU on the future reunion of unaccompanied asylum-seeking children, where it is in the child’s best interests. For the UK to act unilaterally now—as the amendments seek us to do—would undermine the negotiations and make it less likely that we would secure a reciprocal arrangement, which might mean that the number of children we could help would be reduced.

We in this country are rightly proud of the steps that we have taken over the years to provide shelter to refugees fleeing war and persecution from around the world. We have been a beacon of light to the poor and oppressed of the world for generations, and we continue to be that country. We are rightly proud that so many people across the world seek to call the United Kingdom—this country—their home, and I am proud that in moving the Bill forward today we will be taking one more step towards making our immigration system fairer, non-discriminatory and fit for the 21st century.

[Bell Ribeiro-Addy (Streatham) (Lab)]

I rise to speak against this Bill in general and for any new clause that seeks to end the hostile environment.

Ministers seem to create confusion about the contents of the Bill. If they speak in public, they claim that it will introduce a points-based immigration system, which is not true. In any event, it is doubtful whether primary legislation is needed for such a system. When Ministers speak it is clear that they have no intention of introducing a points-based system, but rather an income-based one. There will be some exemptions because Ministers have been forced to accept the fact that many nursing professionals will not meet their planned income threshold, yet at the same time Ministers seem blissfully unaware that social care workers earn nothing like the proposed salary thresholds—and nor do the cooks, cleaners, security guards, porters and many others who have seen us through this pandemic.

Many of these people were on subsistence wages even before years of real-term cuts by the Conservative-led Government from 2010 onwards. There have been huge shortages of all these workers. Ministerial plans—if not this Bill—will only make those staff shortages much worse in care homes, in the NHS and in many other sectors of the economy, both public and private. It is as if this entire public health crisis has passed Ministers by. A plan that will exacerbate the crisis in the NHS and social care is one of the last things that this country needs.

The Bill in its current form is a disaster, so I am pleased to support the new clauses that would impose a strict 28-day limit on immigration detention; end the immigration surcharge, which should be ended for all; reform deportation law and citizenship fees for those who are brought to the UK as young children; and ensure that our moral obligation to child refugees for family reunion remains a legal one. Such provisions would address the glaring issues of our immigration system.



There is a further issue that I want to raise. Last week, the Home Secretary astonished most of us when she said that she would implement the recommendations of the Windrush lessons learned review “in full”. The entire spirit and some parts of the letter of that review run completely counter to the whole thrust of this Government’s immigration policies. In essence, to right the injustices perpetrated on the Windrush victims and to prevent their reoccurrence, the Government’s hostile environment policies have to go in their entirety, full stop.

[Steve Brine]

The hon. Lady keeps referring to this hostile environment. Let me just quote for her. In May 2007, the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), then the Labour Immigration Minister, stated in a consultation document put out by the Home Office:

“We are trying to create a much more hostile environment in this country if you are here illegally.”

Will she accept that and apologise to those of us on the Government Benches, please?

[Bell Ribeiro-Addy]

I will not apologise, but I will point out that the Conservative party has been in power for 10 years. To continuously blame various different Labour leaderships makes no sense. I have said it before and I will say it again: this is the second time in a decade that a Conservative Government have retrospectively changed the rights of migrants after they have entered this country. We saw the misery that the Immigration Act 2014 caused the Windrush generation. What does it say about us that we are bringing EU nationals under the same rules?

I turn to what is in the Bill and its real effects on workers here, whether they are from overseas or not. There is a real risk that the effect of the Bill will be to lower the rights of all migrant workers in this country and, in that way, lower rights and terms and conditions for all workers. Crucially, the right to residency will be dependent on employment status. There is no right to a family life enshrined in the Bill, and “no recourse to public funds” remains an explicit policy. The combination of those and other factors effectively creates another, lower tier of the workforce, with fewer rights and very limited means of enforcing even those.

That is dangerous enough to migrant workers, but it can also rebound on the entire workforce as unscrupulous employers play divide and rule. Our legislation on health and safety, on equal pay and on opposing discrimination is not enforced vigorously enough as it is. If a large section of the workforce can be treated as second class, the situation will get worse for everyone. Quite simply, the Bill is not fit for purpose as it stands.

[Saqib Bhatti (Meriden) (Con)]

I am pleased to speak on the Bill, not least because immigration is a topic that can invoke the strongest of emotions, yet it is imperative that we have an immigration system that works for us as a free and independent sovereign nation.

Immigration policy is not just a buzzword for me, nor is it an excuse to play identity politics; it is the reason I am here. I am the son of a man who came to this country from halfway across the world. He came here for a better life for his family. Indeed, to my father, having anything but a system over which we have control is, frankly, odd, and that is the reason many from south Asian communities voted to leave the European Union back in 2016.

My father’s desire to be in this country was nothing short of a desire to pursue what I often term the great British dream. I know at first hand that it is a love like no other, the love held for this country by the hopeful migrant who arrives here in pursuit of opportunities and freedom—the patriotism of the one who singles out this country as the place they want to call home; the one who comes to this country and chooses to be British.

The result in the European Union referendum in 2016 was a vote for control—for control over our laws, control over our spending and control over our borders. This was not about pulling up the drawbridge, as it is so often described by those who want to belittle the referendum result; it was a cry for a greater stake in the way our communities and our country move forward. It was a vote for migration, albeit migration on our terms: looking out to the world beyond our immediate neighbours and forging relationships with new countries and old friends. The Bill captures the true essence of that desire for an immigration system that works for us—an immigration system that allows us to be agile, and one that allows us to adapt to the economic needs of our country.

It is important to point out that the Bill enshrines the will of the British people—a will that has been expressed on a number of occasions over the past four years. Clearly, I am firmly of the view that immigration has been a success for this great nation, and the Bill acknowledges and celebrates that success by working to make sure that the system is even stronger.

We must have a system that works for Britain so that we can ensure that the best opportunities are available to everyone in this country. It is only with a thriving economy and a strong society that Britain will continue to be such a nation and such an appealing destination for those around the world who want to come here and start a new life.

Britain was built on generations of immigrants, from the post-war migrants who came here to help us rebuild after the devastation of war to the seasonal workers who come to the UK every year to contribute to our agricultural sector and support British farmers. What we can learn from this is that immigration is not a static concept; it is a dynamic one, and it must adapt to suit our domestic and economic needs. Just as other countries adopt systems that best support their needs, the UK can be no different.

The Bill paves the way for a new system that prioritises the most talented and highly skilled. Crucially, control over our own system will allow for an unwavering commitment to protect those who come into our country from the evil prey of traffickers and unethical working practices as we move away from cheap labour and unchecked movement. I know that the Bill does not provide for the details of our new points-based immigration system, but, given my background in business, I know that, to operate to its full potential, our new system will require a continuous dialogue between Government and industry. I ask the Minister to ensure that we have a reactive approach, with the needs of the national health service, business, academia, hospitality and many other sectors being listened to. Particularly in the case of business, the channels of communication must remain open, because it is only by listening to the business community that we will avoid a time lag between what business needs and what Government implement.

Contrary to the naysayers, I believe that our country is progressive and forward thinking. We need an immigration system that matches that—one that allows us to advance in research and development and further our technological innovation as we compete on the global stage, and one that emboldens us to lead the world in medicine, technology, film making, science and sport. Simply put, we must have an immigration system that attracts the best and brightest from across the world. As we venture into the world as a free, independent nation, we have to model ourselves on what we believe we can achieve.

While we are repealing freedom of movement, it is vital that we have the EU settlement scheme, to protect the rights and legal status of EU citizens who have made Britain their home. The contributions of EU migrants are extensive and undeniable, whether that is imported cuisines from the continent or the groundbreaking research we see in our universities. I welcome this legislation because I am excited by what lies ahead for our great nation. With greater control over migration, we will continue to attract the brightest and best while remaining a tolerant and welcoming society.