Home Department

Brandon Lewis Excerpts

Tuesday 5th September 2017 Ministerial Corrections

The following is an extract from proceedings on an urgent question about the implementation of section 67 of the Immigration Act 2016 on 19 July 2017.

[Brandon Lewis]

We consulted local authorities, which is what we said we would do when the legislation was in front of the House. That is what has led to the figure of 480, and the FOI request he is talking about does not consider what local authorities can provide. It is about the 0.7% threshold, which is an entirely different calculation, so perhaps he should go away and look further at that.

[Official Report, 19 July 2017, Vol. 627, c. 856.]

Letter of correction from Brandon Lewis:

An error has been identified in the response given to the hon. Member for Westmorland and Lonsdale (Tim Farron) during proceedings on an urgent question about the implementation of section 67 of the Immigration Act 2016.

The correct response should have been:

[Brandon Lewis]

We consulted local authorities, which is what we said we would do when the legislation was in front of the House. That is what has led to the figure of 480, and the FOI request he is talking about does not consider what local authorities can provide. It is about the 0.07% threshold, which is an entirely different calculation, so perhaps he should go away and look further at that.



The following is an extract from proceedings on an urgent question about the implementation of section 67 of the Immigration Act 2016 on 19 July 2017.

[Brandon Lewis]

My right hon. Friend, with his experience, is absolutely right: we must ensure that we do not create a pull factor. It must be remembered that under our schemes we have already brought over some 7,000 children from the region.

[Official Report, 19 July 2017, Vol. 627, c. 856.]

Letter of correction from Brandon Lewis:

An error has been identified in the response given to my right hon. Friend the Member for Forest of Dean (Mr Harper) during proceedings on an urgent question about the implementation of section 67 of the Immigration Act 2016.

The correct response should have been:

[Brandon Lewis]

My right hon. Friend, with his experience, is absolutely right: we must ensure that we do not create a pull factor. It must be remembered that under our schemes we have already brought over some 7,000 children and families from the region.



The following is an extract from proceedings on an urgent question about the implementation of section 67 of the Immigration Act 2016 on 19 July 2017.

[Brandon Lewis]

Transfers have been happening, and we are determined to deliver on exactly what we set out. We will continue to do so—it is part of the 23,000 people, and it should be remembered that we have brought over 7,000 children already.

[Official Report, 19 July 2017, Vol. 627, c. 858.]

Letter of correction from Brandon Lewis:

An error has been identified in the response given to the hon. and learned Member for Edinburgh South West (Joanna Cherry) during proceedings on an urgent question about the implementation of section 67 of the Immigration Act 2016.

The correct response should have been:

[Brandon Lewis]

Transfers have been happening, and we are determined to deliver on exactly what we set out. We will continue to do so—it is part of the 23,000 people, and it should be remembered that we have brought over 7,000 children and families already.

Immigration Rules

Brandon Lewis Excerpts

Thursday 20th July 2017 Written Statements

[The Minister for Immigration (Brandon Lewis)]

My right hon. Friend the Home Secretary is today laying before the House a statement of changes in immigration rules (HC 290).

The purpose of the changes is to give effect to the Supreme Court judgment in MM (Lebanon) & Others, handed down on 22 February 2017.

The changes, together with changes to the Secretary of State’s guidance to decision makers, are intended to give effect to the judgment’s findings in respect of, first, the income sources which may be relied upon to meet the minimum income requirement in specified exceptional circumstances; and, secondly, the duty to have regard to the welfare of children under section 55 of the Borders, Citizenship and Immigration Act 2009. They also make other minor amendments and clarifications to the family immigration rules.

[HCWS95]

Newly Naturalised Passport Applicants

Brandon Lewis Excerpts

Thursday 20th July 2017 Written Statements

[The Minister for Immigration (Brandon Lewis)]

I am writing to advise you that Her Majesty’s Passport Office is introducing changes to its interviewing processes.

HM Passport Office reserves the right to call any passport applicant for an identity interview. However, where the identity of a newly naturalised British citizen can be confirmed using records already held by UK Visas and Immigration, they will not be routinely required to attend an interview as part of their first UK passport application.

The new process maintains our high standards of identity assurance but removes an unnecessary burden on newly naturalised citizens by no longer requiring them to confirm their identity twice to the Home Office before being issued with a UK passport.

[HCWS97]

Immigration Act 2016: Section 67

Brandon Lewis Excerpts

Wednesday 19th July 2017 Commons Chamber

[Tim Farron (Westmorland and Lonsdale) (LD)]

(Urgent Question): To ask the Secretary of State for the Home Department if she will update the House on the implementation of section 67 of the Immigration Act 2016.

[The Minister for Immigration (Brandon Lewis)]

The Government are fully committed to helping and supporting the most vulnerable children, and we are contributing significantly to hosting, supporting and protecting vulnerable children affected by the migration crisis. This is part of our wider response of taking 23,000 people from the region. We have already granted asylum or another form of leave to more than 8,000 children and local authorities across the country are supporting more than 4,000 unaccompanied asylum-seeking children.

Children transferred under section 67 are being cared for by local authorities across the country and we and they take our responsibility to those children very seriously. Safeguarding those children is paramount. Following consultation with local authorities, the Government have set the number of children who will be transferred under the scheme at 480. We have invited referrals of eligible children from France, Greece and Italy and our officials at the Home Office have visited those countries in recent months to put in place processes further to identify and transfer eligible children. In the past week I have spoken to my counterparts in Greece and Italy specifically on this issue, and I shall follow that up with face-to-face meetings in both countries next week.

It is important to remember that the processes for transferring children must be implemented in line with each member state’s national laws and all transfers of children to the UK must be carried out safely and with the best interests of the children at the centre of all decisions. The ongoing work to transfer children under section 67 is in addition to our other commitments and we continue to work closely with member states and relevant partners to ensure that children with family in the UK can be transferred quickly and safely.

Our approach continues to be to take refugees directly from conflict regions, providing refugees with a more direct and safe route to our country rather than risking hazardous journeys to Europe. We are committed to resettling 23,000 people from the region and our resettlement schemes are some of the largest and longest-running in the EU. So far, we have resettled more than 7,000 people under the Syrian vulnerable persons resettlement scheme and the vulnerable children resettlement scheme. Our schemes allow children to be resettled with their family members, thereby discouraging them from making perilous journeys to Europe alone.

It is worth noting that families continue to arrive from the region. Just yesterday, 199 individuals arrived and another 80 are due to arrive next week. That is all part of the Government’s approach to helping the most vulnerable.

[Tim Farron]

I thank the Minister for his response, but it seems in the light of fact that those are somewhat hollow words. Before the election, the Government promised they would transfer 480 refugee children from Europe to the UK, but in the other place the Government recently admitted that so far only 200 unaccompanied children have been given sanctuary here. When do the Government expect to fulfil this measly commitment, and will the Minister give us a date today?

I say that it is a measly commitment because the UK should do so much more. Freedom of Information Act requests show that local councils have voluntarily offered to accept 1,572 more children in addition to those they already support. Does the Minister know this? In light of this information, will the Government reopen Dubs and take their fair share?

As summer approaches, more are taking the dangerous crossings across the Mediterranean to reach the safety of European shores. More desperate, refugee children—[Interruption.]

[Tim Farron]

That is understandable, Mr Speaker; this subject raises passions, and rightly so.

Summer approaches and more are taking the dangerous journey across the Mediterranean to reach European shores. More desperate refugee children without anyone looking after them will arrive in Europe, yet the Government have said that they will not consider taking any child under Dubs who arrived after their arbitrary cut-off date of 20 March 2016. In the light of the delays, which are the Government’s fault, will they extend that cut-off date, which is as heartless as it is pointless?

Finally, I have visited the camps in Greece and elsewhere, which neither the Home Secretary nor the Prime Minister, who is, of course, the previous Home Secretary, have. I cannot forget what I have seen. I have met those children who, through no fault of their own, find their lives on pause as Ministers here choose to ignore them. How many children have been taken from Greece under the Dubs amendment to date? Have the UK Government even signed a memorandum of understanding with Greece to get these transfers under way? I know of two young people who signed a consent form to be transferred under Dubs more than a year ago. They are still stuck in Greece.

The horrific truth is that the longer this goes on the more likely it is that these children will go missing and fall into the evil hands of traffickers. According to Oxfam, 28 children every single day are going missing in Italy alone. Will the Government step up, or continue to ignore the plight of these desperate children?

[Brandon Lewis]

I am afraid that the hon. Gentleman’s comments are based on pretty much a series of false premises. I remind him that, as I have said, we have a range of schemes out there and are working to bring 23,000 people over. While he bandies around numbers I politely ask him to bear in mind that behind every number he talks about—some of which were wrong—there is a child. It is important for us to ensure that those children get the care and support they need in the right time and the right place.

The hon. Gentleman talks about timelines, and he seems to forget that Italy and Greece are nation states, as is France. We must work around the timelines for them, too. He mentioned the FOI request concerning local authorities, which I am afraid is simply wrong. We consulted local authorities, which is what we said we would do when the legislation was in front of the House. That is what has led to the figure of 480, and the FOI request he is talking about does not consider what local authorities can provide. It is about the 0.7%[Official Report, 5 September 2017, Vol. 628, c. 1MC.] threshold, which is an entirely different calculation, so perhaps he should go away and look further at that.

We are very clear that we must ensure that we do not create a pull factor while at the same time doing the right thing, as we have done with the £2.46 billion of support that makes us one of the biggest contributors and covers the biggest humanitarian aid project this country has ever conducted, to look after the people who need our care the most. Instead of playing politics with children’s lives, we should get on with looking after them and I wish the hon. Gentleman would join us in that.

[Mr Mark Harper (Forest of Dean) (Con)]

I urge the Minister to keep the deadline in place. It is incredibly important that we do not encourage any more families to send their children on dangerous journeys. We should continue to take children directly from the region—directly from the camps—so that we can ensure they arrive safely. Encouraging the thought that if children get to Europe they will be able to stay is exactly what encourages the dangerous journeys that lead to their dying. I urge the hon. Member for Westmorland and Lonsdale (Tim Farron) to think carefully before he presses that course on the Government.

[Brandon Lewis]

My right hon. Friend, with his experience, is absolutely right: we must ensure that we do not create a pull factor. It must be remembered that under our schemes we have already brought over some 7,000[Official Report, 5 September 2017, Vol. 628, c. 1MC.] children from the region. I remind the hon. Member for Westmorland and Lonsdale (Tim Farron) that the scheme is not closed. We are still working, and next week I shall go to Italy and Greece to talk to Ministers. The most vulnerable people are those who cannot afford to pay human traffickers—the children in the region, in Lebanon and in Jordan. They should be our focus, to ensure we do not, as my right hon. Friend said, create a pull factor.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The House understands the Government’s preference to take unaccompanied children directly from the region. I have visited the camps in France and Greece. The Minister needs to be reminded that the children are already there, often living in horrible conditions and at the mercy of traffickers and sexual exploitation. How many children in 2017-18 will come into this country under section 67? How many children will come in under Dublin? How long, on average, has each case taken? What is the future of close family reunion once we leave the European Union? Will the Government consider expanding UK immigration rights so that a child’s right to family reunion in the broad sense is in no way diminished, or will the Government simply walk away from their moral obligations?

[Brandon Lewis]

The right hon. Lady’s final point does not do her, this House or this country justice. We—councils, charity groups and individuals—should be proud of the phenomenal work being done across the country, including the £1 million community sponsorship scheme that the Home Secretary announced last night, to welcome the most vulnerable people. It is right that we look to see who are the most vulnerable—who cannot afford to pay human traffickers, and who need our support in the region—rather than those who are in European countries. We are still bringing people over under the agreements with European countries, but I remind the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) and the hon. Member for Westmorland and Lonsdale that we must work according to the rules and laws in these countries—they are nation states. Our position on what will happen once we leave the European Union has been clear. The fact that we are running the biggest humanitarian project this country has seen highlights the Government’s determination to do the right thing. We will continue to seek to do so and to fulfil our moral duty to those who need our help most.

[Tim Loughton (East Worthing and Shoreham) (Con)]

The protestations of Opposition Members would have more credibility if they acknowledged the huge effort and huge resources that the Government have put in to date. I too have been to Athens to see the camps and the fantastic work being done there, but there is a criticism: it is taking too long to process and assess children who have a right to be here. Will the Minister acknowledge that post-Brexit, when presumably we will come out of the Dublin III scheme, there will be a problem with children under the family reunion scheme? Can we ensure that they will still be matched with relatives beyond their parents, because many of them will have lost their parents but will have siblings, uncles and others with whom they may be safely and appropriately placed?

[Brandon Lewis]

My hon. Friend makes a good point, and I appreciate the time he spent explaining to me what he saw at the camps, which I shall visit next week. He is right: all of us in this country should be proud of the finance and focus we provide, but for every 3,000 people we bring over and help we could be helping 800,000 people in the region. We therefore must be very clear about our focus. As I said, we are clear that post-Brexit we shall want to continue to do the right thing for vulnerable people in the region. I shall be happy to work with him to deliver that.

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

I congratulate the hon. Member for Westmorland and Lonsdale (Tim Farron) on securing this question. I make it clear to the Minister that what the hon. Member said was not based on false premises. I am able to say that because last week I attended the launch of a report from the Human Trafficking Foundation, following an independent inquiry into separated and unaccompanied minors in Europe. The inquiry found that UK Ministers have done

“as little as legally possible”

to help unaccompanied children who have fled war and conflict in their home nations; have turned away from a humanitarian crisis that “would not be tolerable” to the British public if they were more aware of it; and that by failing to offer safe passage are “unquestionably” fuelling both people trafficking and smuggling. Those are not my words but the findings of an independent inquiry. What will the Minister do about it? [Interruption.] There is no point in shouting at me because the Minister and his colleagues do not like the independent inquiry’s findings. The British public deserve to know about this. What steps are the Government taking to resolve the blockages in the transfer of Dubs children, which we voted for in the House last year, thinking there would be 3,000 transfers? When do they expect the transfers to begin?

[Brandon Lewis]

Transfers have been happening, and we are determined to deliver on exactly what we set out. We will continue to do so—it is part of the 23,000 people, and it should be remembered that we have brought over 7,000[Official Report, 5 September 2017, Vol. 628, c. 2MC.] children already. I encourage more people to look at what she refers to as an independent report, one of the co-authors of which is a recently retired Labour Member of Parliament. Fiona Mactaggart’s foreword makes many accusations and statements that have no evidence base whatsoever. I disagree with the report, but my point about the freedom of information request and several of the other statements that the hon. Member for Westmorland and Lonsdale made being based on false premises still stands.

[Tom Pursglove (Corby) (Con)]

As well as accepting refugees into this country the United Kingdom is the second largest donor to the crisis following the United States and has given more than the rest of the European Union combined. I support the Government having a holistic, comprehensive approach. Will my right hon. Friend continue to commit the Government to providing the right help in the right places?

[Brandon Lewis]

My hon. Friend is absolutely right: it is important that we focus our help on the most vulnerable in the places that most need that support, while doing what we can as part of our work with our European partners to support those whom we have agreed to support.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Minister knows that helping children in the region and those in Europe and already here is not an either/or. Parliament told the Government to help lone child refugees in Europe when it passed the Dubs amendment last year. I know the Government did not want to agree to it, but it was passed. The way in which they have narrowed the criteria, dragged their feet, and failed even to count councils’ offers properly is shameful. Will he confirm that they have helped only 200 children under the Dubs amendment, despite the fact that councils have offered nearly 500 places, and that there are tens of thousands of child refugees still alone in Europe? Italy and Greece cannot cope with what they are having to deal with. It is shameful that all he has managed to do is send a few officials to Italy and Greece to try to arrange a few procedures for the future, when this has been going on for years. Stop the warm words about helping the most vulnerable children and actually get on with it, as Parliament said the Government should.

[Brandon Lewis]

We are clear about wanting to give children the right support and ensuring they have the support network to be an important and valued part of our community. It is important that we do so within what local authorities can provide, bearing in mind the restrictions and capacity they have. In 2016 we granted asylum or some form of leave to over 8,000 children, and since 2010 we have done so for some 42,000 children. We are doing our bit. We want to continue to do that work. Other countries have their own rules and regulations. I am sure the right hon. Lady will appreciate from her previous role that we have to work with them and with what works with the laws. We shall continue to do so, which is why I will visit Italy and Greece to meet my counterparts next week.

[Heidi Allen (South Cambridgeshire) (Con)]

I know that everybody is incredibly passionate about this issue, but I hope that we can collectively be proud of what the country as a whole has contributed to help with the refugee crisis in Syria, because it is tremendous. I am glad that the Minister is going to visit the camps; that does rather shift someone’s perception about how the picture forms overall. The Government and I have different views on Dubs, and I still maintain that more capacity is available in our councils and country to help.

Further to what my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) said, I am particularly concerned about what will happen to Dublin III as we move towards this brave new Brexit world. How many children have come to the UK this year under Dublin III already? How will we make sure that the legislation is embedded in our own laws when we leave the EU?

[Brandon Lewis]

I take my hon. Friend’s point about local authorities. We will continue to work with them; our numbers are based on the information that they have given us through roadshows and conversations we have had directly. We will continue to look at the numbers that they feed in, as we deal with children and bring them over within our schemes and commitments.

On Dublin going forward, as I said earlier I can give an assurance that we are determined to fulfil our commitments. Obviously, as we go through the negotiations on leaving the European Union, it is too soon to say exactly what technical format that will take. However, we are determined to stick with our moral and ethical duty as we continue to provide support to the people who need it most, through the Dublin agreement.

[Keith Vaz (Leicester East) (Lab)]

The Minister gets the message: the whole House wants the process to be enacted as speedily as possible. May I take him back to one of the points made by the hon. Member for Westmorland and Lonsdale (Tim Farron) about the Mediterranean summer crisis that will unfold? What additional help is being given to enable those with some responsibility in Libya to prevent boats from setting off on the Mediterranean? Those journeys will result only in people—children, especially—dying before they reach the mainland.

[Brandon Lewis]

The right hon. Gentleman has vast experience in this area and he makes an important point. It is very important that in this discussion we do not lose sight of what continues to happen in the Mediterranean. We are working closely with member state authorities and all our partners, including the United Nations High Commissioner for Refugees and other non-governmental organisations, to agree what more we can do in that region.

The Prime Minister made a statement and announcement after the last EU Council meeting. We will continue to deliver on that, to make sure that we do two things: that we do not create a pull factor and that we give a clear message that people should not make that treacherous journey. That is why it is so important that we continue our phenomenal work with the £2.46 billion spend, along with the £10 million from the Department for International Development, to work with people in the region and make sure that things there are as safe and flexible as possible.

[Wendy Morton (Aldridge-Brownhills) (Con)]

As my right hon. Friend has set out, tackling this problem at source and dealing with the trafficking are crucial. Will he outline what the British security services and police are doing with European counterparts to track down, arrest and prosecute people traffickers who wish to profit directly by exploiting the situation?

[Brandon Lewis]

My hon. Friend makes a good point. It is important that we continue to give a clear message about the atrocious and completely unacceptable behaviour of the disgraceful traffickers out there who continue to ply their despicable trade. The European Migrant Smuggling Centre was formed in February this year in response to the increase in the number of irregular migrants. We continue to work with our partners, along with Europol and our National Crime Agency, to focus on and drive out that form of trafficking, as well as the organised crime that thrives around it. There has to be a clear message at every stage. That despicable behaviour is not acceptable and it needs to end.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

As the Minister will know from the response of the High Court to the judicial review of the consultation on the places available for children in the UK, section 67 is explicitly about families in Europe. May I ask him about a specific case that I wrote to his office about more than a week ago, involving an incredibly vulnerable Syrian family in Lille who have been wrongly refused the right to come to the UK under the Dublin regulations? I have not yet had even an acknowledgment from his office of receipt of that correspondence. Will the Minister meet me to urgently review this case of a suicidal mother and her young children and discuss how we can improve how people claim asylum and come to the UK, so that it is not only the smugglers who meet them in Calais?

[Brandon Lewis]

As the hon. Lady will appreciate, I am not going to comment on a particular case today, but as soon as I leave the Dispatch Box I will chase up the case she mentions and why she has not had a response. I will make sure that she gets one as soon as possible.

[Huw Merriman (Bexhill and Battle) (Con)]

Last year, I visited the Zaatari refugee camp on the Syrian border in Jordan. It was clear from conversations with parents that although they did not want to risk their children’s lives across the sea, they would if there were no jobs or education for them. Does the Minister agree that thanks to the UK Government’s 0.7% aid contribution, we are able to keep people well and safe in their own region rather than risking squalor in the European camps?

[Brandon Lewis]

My hon. Friend’s excellent point highlights why it is so important for us to continue to do that work in the region. We should be proud of the time, effort and money being spent out there and of the work of the charities as well as the Government in making sure that we do everything we can to help people in the region and deal with the challenges at source. In that way, we can prevent people not only from taking the chance to come to places that are not appropriate for them but from making that treacherous journey and giving profit to human traffickers in the first place.

[Vernon Coaker (Gedling) (Lab)]

I draw the House’s attention to the fact that I am to be an unpaid director of the Human Trafficking Foundation; that will appear shortly in the Register of Members’ Financial Interests.

What would the Minister say to Tory-controlled Nottinghamshire County Council, which on Monday suspended support for unaccompanied children despite having places available? One of the senior councillors said that it was because the children come here of their own volition. Is that not simply a disgrace? Is it not also a disgrace that they have turned around and blamed the Government? Is it not about time that the Minister got his act together with his Tory colleagues and stopped unaccompanied children fleeing war and persecution taking the consequences of this disastrous Government policy?

[Brandon Lewis]

I congratulate the hon. Gentleman on the role that he is about to take up, and I look forward to working with him to do something about what we agree on: driving out human trafficking completely.

I am pleased that a Conservative authority took control of Nottinghamshire County Council a few weeks ago in local elections. I learned many years ago at this Dispatch Box to make sure that I understood the full details and both sides of any particular case before I comment on it. I will look into what the hon. Gentleman said and talk to Nottinghamshire County Council before I comment any further.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

The hon. Member for Westmorland and Lonsdale (Tim Farron) talked of “hollow words”; in fact, the Government’s response has been generous—it is, if I may say so, a typically British generous response to this crisis. Will my right hon. Friend confirm the number of refugees that this country is helping and compare it with the equivalent figures for other EU states?

--- Later in debate ---

[Brandon Lewis]

My hon. Friend makes a very good point. Just this week, the Home Secretary and I launched and put extra funding into the community support project. We have seen phenomenal work, which people should be proud of, in charities and communities, developing and learning from colleagues from countries around the world such as Canada. I appreciate the time that the Canadian Minister gave us to discuss the issues. My hon. Friend is right: last year alone, we took in more than any other country in Europe. We should be proud of that, but we are clear that we want to build on that. We should be very proud of the fact that we are looking to bring over 23,000 people, to make sure that we are helping the most vulnerable—including the many thousands of children who have already come over and others who will continue to come.

[Kate Green (Stretford and Urmston) (Lab)]

The Minister will have on his desk petitions from children at St Matthew’s Primary School and Moss Park Infants School in my constituency asking him to respect the rights of all refugee children under the United Nations convention on the rights of the child—their right to an education, in particular. What assessment is he really making of the quality and experience of education that children are getting in camps? Is it not time that we brought children here to settle them and ensure that they have the chance to develop a happy and successful childhood?

[Brandon Lewis]

The hon. Lady is effectively agreeing with the point I made earlier. We are working with local authorities to make sure that when children come over, they are given the right support and the home that they deserve, to help them be an important part of the community and give them a fruitful and fulfilling life.

[Andy Slaughter (Hammersmith) (Lab)]

Is the Minister aware that unaccompanied minors are again congregating in and around Calais? But without the camps, there are now even fewer resources. Safe Passage UK and Refugees Welcome are organising a cross-party group of MPs to go there next month. If the Minister is listening, perhaps he would also like to go there to explain what he and his French counterpart are doing to ensure that children with rights under Dublin or Dubs come to this country for safety, rather than stay on the streets of Calais?

[Brandon Lewis]

Not only have I met Safe Passage UK and explained the slightly different view that I saw when I was in Calais about 10 days ago, but I am discussing the matter with French authorities and the operators out there.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Many of us do not understand why the Government chose to put a limit on the Dubs scheme based on a rather half-baked consultation with local authorities at one particular time. Why do the Government not continue to engage with local authorities and take proactive steps to increase their capacity to take unaccompanied children, including by implementing fully funded places?

[Brandon Lewis]

First, that is what the amendment and the legislation said we should do. Secondly, I come back to a point I have made a few times. When we bring people—including families and, most importantly, vulnerable children—over, it is important that we have the facilities and capacity to give them the best start in life. I come back to the point I made earlier. Yes, people will want to play politics with numbers, as some Opposition Members unfortunately do, but the reality is that there is a child behind every number. We need to ensure that if we are bringing children over, we can give them the best possible start. The hon. Gentleman should be proud, as I outlined to the Scottish Minister when I met her last week, that we have already granted asylum or some other form of leave to more than 8,000 children. We have to remember that.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

Europol has estimated that more than 10,000 unaccompanied child refugees have disappeared in Europe over the past two years. What steps are the Government taking to address that and to support our EU partners in improving protection for unaccompanied children at risk of trafficking or exploitation?

[Brandon Lewis]

There are two sides to this. First, we must ensure that we do not create a pull factor that encourages more children and other individuals to take that treacherous journey, which simply helps the profits of the traffickers we all hope to see driven out. It is also about working with our partners and the National Crime Agency, which is working with Europol, to ensure that we track down and catch the people who commit these awful crimes.

[Alison Thewliss (Glasgow Central) (SNP)]

Organisations such as Refuweegee are doing a great deal to welcome asylum seekers and refugees to Glasgow. What can the Minister do to ensure that there is adequate funding for local authorities so that those who arrive with nothing get all the support they require to lead a life with dignity?

[Brandon Lewis]

I fully agree that there is some really good work in Glasgow. I had that conversation with the Scottish Minister last week. A number of local authorities around the country are doing such work. It comes back to the point I have been making: it is very important that we work with local authorities to ensure that they have the capacity, resources, ability and properties to give people who come over the right start in life and the protection, security and safety they deserve.

[Mr Speaker]

As the hon. Member for Westmorland and Lonsdale (Tim Farron) prepares to step down from the leadership of his party, I thank him not only for his question today, but for his unfailing courtesy and his personal support for the Chair over a very long period, for which I have reason to be very grateful.

Grenfell Tower Fire

Brandon Lewis Excerpts

Wednesday 5th July 2017 Written Statements

[The Minister for Immigration (Brandon Lewis)]

I wish to inform the House that I am today introducing a policy on leave to remain outside the immigration rules for residents of Grenfell Tower and Grenfell Walk.

The Government have been clear that their priority is to ensure that victims of this tragedy get the access they need to vital services, irrespective of immigration status. The Home Office will not conduct immigration checks on survivors and those coming forward to provide information to assist the authorities in their enquiries. However, we recognise that some foreign nationals directly affected by the fire may not wish to engage with the authorities due to concerns about their unresolved immigration status, or if their status is about to expire. I am therefore announcing today that those individuals directly affected by the Grenfell Tower fire who contact the Home Office via a specified process will be given a period of limited leave to remain in the UK with full access to relevant support and assistance. This will be done by using discretionary powers to grant leave to remain outside the immigration rules for a temporary period of 12 months and without a condition precluding recourse to public funds. I will place a copy of the policy document in the Library of the House.

This period of leave will provide survivors with the time to deal with the extremely difficult circumstances in which they find themselves and start to rebuild their lives while considering their future options, as well as to assist the police and other authorities with their enquiries about the fire. No fees will be charged by the Home Office in respect of cases granted leave under the policy.

Everyone affected by this tragedy needs reassurance that the Government are there for them at this terrible time and we will continue to provide the support they need to help them through the difficult days, weeks and months to come.

The policy will be kept under review and will remain in place until 31 August 2017.

[HCWS29]

Oral Answers to Questions

Brandon Lewis Excerpts

Monday 3rd July 2017 Commons Chamber

[Helen Whately (Faversham and Mid Kent) (Con)]

10. What discussions she has had with the Secretary of State for Environment, Food and Rural Affairs on the effect of immigration rules on the seasonal agricultural workforce.

[The Minister for Immigration (Brandon Lewis)]

I spoke to my right hon. Friend the Secretary of State for Environment, Food and Rural Affairs about this issue only last week. I know that he is engaging with the National Farmers Union, and I shall meet NFU representatives and my right hon. Friend shortly to discuss it further.

[Helen Whately]

Every summer farmers in my constituency require thousands of workers to pick their delicious fruit, but only 705 people in the constituency are unemployed and claiming jobseeker’s allowance, so it is very difficult for the farmers to recruit enough workers locally. Will my right hon. Friend consider a permit scheme for seasonal agricultural workers?

[Brandon Lewis]

My hon. Friend makes a very good point about the excellent fruit that those workers pick in Kent. In terms of quality, it is almost up there with the blackcurrants in Great Yarmouth. While we are still full members of the European Union farmers can benefit from the free movement of labour, but my right hon. Friend the Secretary of State and I will continue to discuss with the sector what will be done after we leave the EU.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

As the Minister knows, agriculture is devolved and stringent immigration rules could have a particular impact on the Welsh food production sector. Does he agree that, if there is to be, regrettably, a Brexit outside the single market, there would need to be a geographical visa system to protect key sectors of the Welsh economy?

[Brandon Lewis]

We are determined to ensure that we have an immigration system that continues to encourage the brightest and the best, and to ensure that all our sectors are able to flourish and thrive. However, I am not going to predict the outcome, or what we will be doing once we leave the European Union, after those negotiations.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

12. What steps she is taking to reassure non-UK EU citizens resident in the UK about their legal status after the UK leaves the EU.

[The Minister for Immigration (Brandon Lewis)]

On 26 June, we published and laid in Parliament, and the Prime Minister outlined, a paper that outlines our offer for EU citizens. We want to ensure that they have certainty about the future. We have a fair and serious offer that we are confident will lead to a good agreement with our colleagues and partners across the EU.

[Alan Brown]

As someone who is married to an EU national, I can assure the Minister that right now EU nationals do not feel any certainty from this Government. Does he agree with the organisations British in Europe and the3million that the Prime Minister’s offer will severely reduce the rights of EU citizens living in the UK and UK citizens living in the EU? Can he also explain why the Prime Minister made no reference to the far superior, detailed and comprehensive offer set out by the EU on 12 June?

[Brandon Lewis]

I hope that the hon. Gentleman will join me and colleagues in making it very clear that anyone from the EU who is working and living here at the moment can have confidence about the future. The offer we have made about settled status gives them that certainty. I hope that he will encourage not just his other half but all others on the matter. We ask him to bear it in mind that the offer we have made will mean that anyone from the EU who is settled here will have the same rights as any UK citizen. That is a fair and serious proposal.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Minister agree that the Prime Minister has made a very sensible offer and that this matter could be settled tomorrow if it were not for the EU’s intransigence?

[Brandon Lewis]

My hon. Friend, as ever, makes a very good point. The Prime Minister has made a fair, full and serious offer that gives European citizens, once they have settled status, the same rights as a UK citizen. I am hopeful that we and our partners across the EU will be able to reach an early agreement on that.

[Hilary Benn (Leeds Central) (Lab)]

The Minister talked about giving confidence to EU citizens. Given that just under 30% of applications currently being made for EU permanent residence cards are being turned down, what assurance can he give the House that the new application process set out in the White Paper will not lead to the same outcome? Will those EU citizens who are refused under that new process be required then to leave the UK?

[Brandon Lewis]

What I would say to the right hon. Gentleman is that we outlined just last week in laying the paper that we want to ensure that, when we announce the system next year, it will be a simple, clear system, probably making use of digital technology, so that the 3 million Europeans who are living and working here, contributing fantastically well to our culture and economy, are able to go through that process as swiftly as possible.

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

As my hon. Friend the Member for Kilmarnock and Loudoun (Alan Brown) has highlighted, it is bizarre that the Prime Minister expects the EU to reciprocate an offer that falls short of the offer that the EU made on 12 June. Can the Minister confirm that the Prime Minister expects the EU to water down its offer? If so, how does he think that will reassure British nationals living abroad, never mind EU nationals living in the UK?

[Brandon Lewis]

I will say two things to the hon. and learned Lady. First, just last week, I met one of the Ministers from the Department for Exiting the European Union and representatives of British citizens living abroad to go through with them the position we have taken. Secondly, the Prime Minister is right to ensure that the people who are living in the UK who gain settled status have the same rights as a UK citizen. I do not think any UK citizen would expect any more or less from the British Government.

[Joanna Cherry]

The point is that the EU offer would give EU nationals living in the UK and British nationals living abroad more rights than the Prime Minister’s offer. One thing the Minister could do to reassure EU nationals living in the UK is to state that access to the national health service will be considered sufficient by the Home Office to fulfil the requirements for comprehensive sickness insurance. That was the cross-party recommendation of the Exiting the European Union Committee in the previous Parliament. What or who is stopping the Home Office from implementing that recommendation now?

[Brandon Lewis]

It is the EU that is stopping that, and if the hon. and learned Lady has a proper read through of our proposals, she will see that that is an issue we are looking forward to dealing with as we leave the European Union. It is right that we as the UK Government are saying that people have the same rights as UK citizens.

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

The Prime Minister’s recent remarks on the status of EU nationals were too little, too late. The Government have failed to reassure long-standing EU nationals living here and have failed to prevent the brain drain of much needed staff in high-value industries and academia, and of students. Will the Minister clarify the position of EU students studying in the UK who will be part-way through their courses when we leave the EU?

[Brandon Lewis]

I welcome the hon. Gentleman to his new position.

This offer applies to all EU residents. If they are in this country and want to take settled status, they will be able to do that. That is an offer that will be open to everybody across the European Union, so in that sense it makes no change to the position of students.

[Ronnie Cowan (Inverclyde) (SNP)]

14. What steps she is taking to protect the family rights of UK citizens married to non-EU citizens.

[The Minister for Immigration (Brandon Lewis)]

The requirements we have in place promote not just family values but integration, while also striking the right balance to ensure that we take into account the burden on the taxpayer as well, so we have a fair balance between family, integration and the taxpayers’ position.

[Ronnie Cowan]

My constituent Paul McMillan, a medical student from Port Glasgow, is unable to be with his American partner because of the minimum income requirement on spousal visas, which stands at £18,600 and is due to rise. He has decided that because of the UK Government’s increasingly hostile attitude towards immigrants, on completing his studies he will emigrate from Scotland to be with his partner. Scotland will lose not only his future medical expertise but the expertise of his partner, a qualified social worker. Considering Paul’s situation, will the Home Secretary abandon plans to increase the minimum income requirement?

[Brandon Lewis]

If the hon. Gentleman wants to write to me about any specific case, I will be happy to have a look at it. As a general point, however, it is right that we look at making sure that everybody across the UK has the same position to deal with, so that the system is fair and that it is also fair to taxpayers, so that someone bringing a member of their family to this country can afford for them to be here. I also point out to the hon. Gentleman that the figure of £18,600 is several thousand pounds below the median wage in Scotland.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Under the freedom of movement rules, EU citizens are currently not obliged to meet that minimum income threshold if they wish to bring in family members. However, UK citizens do have to meet a minimum income threshold, which the Supreme Court has said causes hardship and ignores the rights of children. Is it not therefore fair to say that this new regime proposed by the Government means that EU citizens will lose their current rights to family life and that it represents a levelling down?

[Brandon Lewis]

I think the right hon. Lady has slightly misunderstood the situation. If somebody from the European Union and their family are here, they will have that ability to have settled status. If they have not been here for five years but they stay for five years, they will be able to attain that right. I also point out to her that family life cannot be established here at the taxpayers’ expense. That is perfectly right; family migrants must be able to integrate. That is what our family immigration rules achieve, and it is an approach that the Supreme Court has endorsed.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

T1. If she will make a statement on her departmental responsibilities.

--- Later in debate ---

[Kelly Tolhurst (Rochester and Strood) (Con)]

Kent continues to be one of the main points of entry to the UK for illegal workers. Will my right hon. Friend update the House on what steps the Government are taking to make it easier for businesses in Kent and elsewhere to identify whether someone is working here illegally?

[The Minister for Immigration (Brandon Lewis)]

We implemented the Immigration Act 2016 to make illegal working a criminal offence so that the profits can be seized as the proceeds of crime. The Act also introduces new, stronger sanctions against employers of illegal workers. There is a balance to be struck in ensuring that people are checking whether someone has a passport, if they are from the EU, or has leave or the right to work here, if they are not from the EU. If businesses have done those checks, they are in a position to defend themselves against any action, which is appropriate.

--- Later in debate ---

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

The provision of accommodation for asylum seekers is the responsibility of the Home Office and its contractors. What recent discussions have they had to ensure that such accommodation complies with fire prevention and safety regulations?

[Brandon Lewis]

The hon. Gentleman makes a good point. I visited some of those centres just last week, when I raised that very issue. I am writing to all suppliers across the country to raise that point, to make sure that they are fully aware of their duty of care and work to make sure that fire safety is of paramount importance for them.

[Several hon. Members rose—]

Backbench Business

Brandon Lewis Excerpts

Thursday 20th April 2017 Westminster Hall

[The Minister for Policing and the Fire Service (Brandon Lewis)]

It is a pleasure to serve under your chairmanship, Mr Evans. From the closing remarks of the hon. Member for West Ham (Lyn Brown), I feel some pressure to perform at a high level. I thank my hon. Friend the Member for Monmouth (David T. C. Davies) for the opportunity to discuss this important subject. I will come in a moment to the points that he raised, and to those made by the right hon. Member for Leicester East (Keith Vaz). To respond to the Chairman’s comments about literature at the start of this debate, I think it was Alfred Tennyson who said, “Knowledge comes, but wisdom lingers.” The quality of this debate highlights that that has possibly never been truer.

My hon. Friend the Member for Monmouth and I have had a number of useful discussions regarding the European arrest warrant, and I know that he shares the Government’s strong commitment to practical co-operation on security, law enforcement and criminal justice. Over the next few minutes, I want to outline my response to his comments about how the European arrest warrant works. I will then move on to some of the points raised by other hon. Members, including the hon. Member for West Ham, about the future and where we are going as we leave the European Union and deliver what people voted for last year.

Members have referred to individual European arrest warrant cases. I am sure that they and the House will appreciate that I am not able to reflect on ongoing cases, although I will touch on a couple of specific points in relation to non-ongoing cases. It is also useful to note and worth putting on the record clearly that, as hon. Members will be aware, Ministers have no involvement in decision making in respect to European arrest warrants. Instead, it is left to our independent judiciary, which makes decisions following an initial decision by the National Crime Agency on whether to certify a case, as I will explain.

We believe that the European arrest warrant, with the stringent safeguards that we have implemented and the changes that we have recently made, which I will come to, remains an effective tool for co-operation with our European partners. I will outline what some of those safeguards are in light of the changes, to reassure anybody looking at what we say today. In the last Parliament, the Government reformed our domestic legislation to improve the European arrest warrant’s effectiveness. We established new provisions to prevent extradition in prosecution cases where it would be disproportionate, and to ensure that dual criminality must be established in all cases where part of the conduct took place in the UK. As such, a case will not get as far as the court for a decision unless the NCA is satisfied, first, that the alleged conduct would be a criminal offence in the UK and, secondly, that proceeding with the extradition is proportionate. That is the certification process I mentioned.

Those safeguards work, and the National Crime Agency has refused to certify incoming cases that are obviously trivial or do not meet the dual criminality requirements. Colleagues have made points about the facts and figures, so I will give an example. Between July 2014 and May 2016, the NCA refused some 53 European arrest warrant requests for being disproportionate, and 249 for failure to meet the dual criminality bar.

Members also mentioned Andrew Symeou’s case and the legitimate concern about people being detained for long periods overseas before being charged or standing trial. The new provisions ensure that individuals cannot be subject to lengthy periods of pre-trial detention when extradited under the European arrest warrant, because in general a decision has to be made by the issuing judicial authority to charge and to try the requested person before an arrest warrant is executed. That backs up the point made by the then Home Secretary, our Prime Minister, when discussing this provision in the House in 2014, when she said that the principle was that we would no longer see people being surrendered and having to wait months or years for a decision to be made on whether to charge or try them.

[Keith Vaz]

The Minister gave very interesting figures for the refusals by the NCA. Does he have the corresponding figures for other EU countries? Have they refused any requests that we have made, either directly to their courts or through their central enforcement agency—their equivalent of the NCA?

[Brandon Lewis]

I do not have those figures with me, but I will get them and write to the right hon. Gentleman before Parliament dissolves. I will ensure we get those to him and the hon. Member for West Ham over the next few days, so that they have a record.

When extraditing people from the United Kingdom, it is important to ensure that the conditions in which they will be held respect their human rights. That touches on the point made by my hon. Friend the Member for Monmouth in his reference to prisons—I am sure we would all like to see them and it sounded interesting. The UK works closely with member states to ensure that, when concerns arise, appropriate assurances are given to ensure that we are able to protect individuals’ rights. On occasion it is correct to say that evidence suggests that member states would not meet the standards expected of them. If a judge is not satisfied that extradition is compatible with human rights, whether because of prison conditions or other reasons, they must, and indeed do, refuse the application for extradition. That is an important protection afforded to individuals who would otherwise be extradited from the UK to EU member states or other countries.

A swift and fair extradition system is an important element of our UK law enforcement. It protects the UK by ensuring that potentially dangerous criminals are extradited, including those who are wanted for murder, rape, trafficking or child sex offences. It likewise enables us to have alleged UK offenders swiftly returned to face justice here at home, which is why police forces and law enforcement authorities throughout the country value the European arrest warrant. Respected law enforcement professionals have publicly highlighted that it is a cost-efficient and quick system compared with the available alternatives, and that it is seen as a vital crime-fighting tool.

When we think about co-operation tools such as the European arrest warrant, it is important to keep in mind the threats we face. The perpetrators of crime and terrorism do not respect borders. The threat they pose is becoming increasingly transnational—the borders and lines we draw mean nothing to them. We know that international organised crime groups exploit vulnerabilities such as inadequate law enforcement and criminal justice structures. Furthermore, in a technologically interconnected world, threats such as cybercrime and online child sexual exploitation are international by definition. When I have been with police forces looking at this work, I have seen at first hand how quickly and easily people can move around the world online. We need the ability to deal with crime globally.

In the face of these common threats, it is difficult to see how it would be in anyone’s interest for our departure from the EU to result in a reduction in the effectiveness of security, law enforcement and criminal justice co-operation. In debates in the main Chamber over the last few months, the Home Secretary, the Prime Minister and I have been clear that we want, and believe it is right, to deliver what the British people voted for last year. We will leave the European Union, but nobody voted to be less safe. Our job as the British Government is to continue to ensure that our public, our residents and indeed our friends and partners around Europe remain safe.

[David T. C. Davies]

I do not disagree with anything the Minister says, but does he believe that the standards of justice applied in all countries that have the European arrest warrant match the standards that we would apply in the United Kingdom?

[Brandon Lewis]

I do not profess to be an expert on the justice system of every European state. That is why it is important, as the right hon. Member for Leicester East outlined, to have a high bar in this country to ensure that cases meet the standards that we would require and, more to the point, that our judges—our independent judiciary—would look for.

That leads me neatly to my next point, which is about what happens next for law enforcement and the European arrest warrant as we leave the European Union. Leaving the EU will of course mean that our relationship with it will have to change. We are now examining the mechanisms currently in place to support practical co-operation in the fight against crime and terrorism, to help to identify potential options for working with our EU partners in the future.

[Keith Vaz]

In answer to the very good question from the hon. Member for Monmouth (David T. C. Davies), is the Minister telling the House that his understanding is that a judge in an extradition warrant case will have access to a report about the standards of justice in the country where the warranted has been requested? We realise that this is a matter for judges, not for Ministers, but is he telling the House that his understanding is that judges will have such a report and will make their decision based on it?

[Brandon Lewis]

No, that is not what I was saying at all. I was saying that I am not an expert on other systems and that it is the independent judiciary who will take a view in an individual case. They will look at the evidence in front of them and make a judgment that they feel is appropriate, looking at a range of issues including human rights and proportionality, as I said earlier. That is a matter for the independent judiciary. I will not prejudge what a judiciary that is independent by definition would do—that would be wrong.

Looking ahead, we will need to negotiate the best possible deal with Europe. I absolutely support the Prime Minister as the best person to get the right deal for our country with our partners in Europe, including thinking about the tools and mechanisms for co-operation with EU member states to help all European citizens, including our own, to remain safe. The hon. Member for West Ham asked me to outline how we are progressing with that work. I am sure that she appreciates—she has a twinkle in her eye—that she is tempting me to give a running commentary on our negotiations with the European Union, which is a temptation I will resist just for a little longer.

[Lyn Brown]

The Minister is generous and kind to give way, but what about the ECJ? Perhaps he could just give us a soupçon on whether or not he believes we will be able to allow the ECJ to arbitrate in matters where there is disagreement. Does he think there is any likelihood of that being accepted at all?

[Brandon Lewis]

The hon. Lady’s intervention anticipates the point that I was just about to make. In a few of her questions, including the one she has just asked, she is asking me to prejudge the negotiations, which I will not do. We will go through some complicated and, no doubt, at times difficult negotiations in the months and years ahead.

[Stuart C. McDonald]

We are not pushing for a “running commentary” on negotiations. All that we are asking for is a reassurance that if the best deal for securing safety and participation in the warrant also involves participation in or operating under the jurisdiction of the ECJ, we will not say no to such a deal purely because we are so set against being under the ECJ’s jurisdiction.

[Brandon Lewis]

I say to the hon. Gentleman that in saying I will not prejudge what the negotiations may bring, I mean that I am not going to prejudge what the negotiations may bring. My own experience of negotiations —in Government, as an MP and before that in my life—is that it is always difficult to prejudge a negotiation. That is not only because we do not want to give away to our opposite numbers in those negotiations what we are looking for, what we want to do and what our position is, but because things develop and change. We have to be able to consider what the right situation is.

What we have been very clear about—the hon. Member for West Ham touched on this, and I think that the right hon. Member for Leicester East also mentioned it—is the priority when the House returns. I would gently point out that one of the very first debates we had, some months ago—I opened it and I think the hon. Lady responded to it—was on law enforcement, linked into us leaving the European Union, and there will no doubt be more such debates. Those debates, which include today’s debate, all feed in comments and views from hon. Members and hon. Friends, which will form part of the work we are doing as we consider what is possible and what is right for our country and our European partners, as we negotiate to make sure that we keep everybody safe.

It would be wrong to prejudge where we will get to, however, for all those reasons and not least because these negotiations are yet to start and we must ensure that we get the best deal for this country without prejudging what that may be.

[Keith Vaz]

The Minister is being incredibly generous in giving way again. The shadow Minister has opened up a very important area. Of course we cannot have a running commentary, especially in the middle of an election—I would imagine that there are currently no negotiations going on. The reason we are pressing the Minister is that I am sure he will be clutching his copy of Hansard, with the marvellous reference that the shadow Minister has given him—that he should be promoted—and saying to the Prime Minister, “I need a better job.” That is why we are pressing him. Is the Government’s position, “We like the principle of the European arrest warrant and therefore we will fight hard to try and keep it,” or is this part of the all-or-nothing arrangement—“If we don’t get a deal on the European arrest warrant, we’re happy to come out”? What is the Government’s overarching position? I am not asking for the detail, but is it, “We like the European arrest warrant and we want to keep it, but we will have to negotiate around it”? If he could set that out, most of us will be able to go back to our constituencies and go to bed tonight feeling very happy.

[Brandon Lewis]

Whenever I am speaking in the Chamber, it is always my aim to ensure that colleagues are able to go to bed happy in the evening, so if it helps the right hon. Gentleman, I will repeat something I said a few minutes ago. We do believe that the European arrest warrant, with the stringent safeguards that I have outlined and that we have implemented, remains an effective tool for co-operation with our EU partners. However, we have got to go through these negotiations.

The Prime Minister is right to want to have a clear and strong mandate to have those negotiations—I am sure the right hon. Gentleman will appreciate that my view is that she is the right person to handle those negotiations to get the right deal for our country—and part of that process is about ensuring that we keep our people safe and that we have a strong relationship with our partners overseas as well, in all countries. Indeed, one of the things we need to think about as we leave the European arrest warrant—it is one of the opportunities we have with all these law enforcement structures—is that crime is becoming more global. That is why our relationships with our European partners are so important and why they work, but it is also why we need to have those relationships with more countries than just our European partners.

When extraditing people from the United Kingdom, it is important that we ensure that we can show our citizens that those who should face justice do, but with their rights properly respected. As the Minister responsible for extradition, I am very clear that our position as a Government is that the European arrest warrant assists the United Kingdom in meetings its commitments to strong practical co-operation with EU partners on security, law enforcement and criminal justice, but that that is not at the expense of human rights. Our current processes, with the specific safeguards, meet both those important legitimate points.

Europol Regulation Opt-in

Brandon Lewis Excerpts

Tuesday 28th March 2017 Written Statements

[The Minister for Policing and the Fire Service (Brandon Lewis)]

On 14 November 2016 the Government announced their intention to opt in to the new Europol regulation. After a debate in the House of Commons in December which supported the Government’s position, we communicated that decision to the European Commission on 16 December. The European Commission confirmed the participation of the UK in the new Europol regulation via a Commission decision ((EU) 2017/388) dated 6 March 2017.

Opting into the new regulation means that the UK will remain a full member of Europol when the new regulation comes into force on 1 May. It also demonstrates our commitment to work together with our European partners to fight crime and prevent terrorism now and when we leave the EU.

[HCWS558]

Justice and Home Affairs Pre-Council Statement

Brandon Lewis Excerpts

Monday 27th March 2017 Written Statements

[The Minister for Policing and the Fire Service (Brandon Lewis)]

The first formal Justice and Home Affairs Council of the Maltese presidency will take place on 27 and 28 March in Brussels. The Home Secretary, and I will represent the UK.

Interior day (27 March) will begin with a discussion on IT measures related to border management. The presidency will provide a progress update on negotiations on the European Travel and Information Authorisation System (ETIAS) proposal and the Entry/Exit System (EES) proposal. The Government recognise the importance of increasing the security of the EU’s external borders, however as the UK is not part of the border control aspects of the Schengen agreement it will not take part in either proposal. This item will be followed by a progress update from the presidency on the implementation of the European Border and Coast Guard Agency (Frontex). Again, the UK will not take part in the new agency. However, we will continue to provide support to its operations on a voluntary basis, as we have done with its predecessor.

Interior day will continue with a debate on the EU’s returns policy. The Commission will present an action plan to improve the effectiveness of returns from EU member states to third countries, and a recommendation for enhanced implementation of the returns directive. The UK does not participate in the returns directive but welcomes the Commission communications, and the Home Secretary is likely to intervene to share UK experience and best practice in the area of returns to third countries.

Over lunch, Ministers will discuss implementation of the EU migration policy. I expect the presidency to reiterate its calls for member states to meet commitments made under relocation measures, which the UK did not opt in to, and to increase support to the European Asylum Support Agency. The Home Secretary will confirm the UK’s existing commitment to deploying asylum and border experts to support Greece.

The afternoon session will start with a short item to update on the recent activities of the Radicalisation Awareness Network (RAN). The UK is supportive of the work of the RAN to bring together practitioners, civil society and policy makers to help develop tools to tackle radicalisation.

The Council will then discuss external aspects of EU migration policy, including follow up to actions contained in the Malta declaration and the Valetta action plan. The UK supports the Malta declaration and ongoing efforts to stabilise Libya. The Home Secretary will press for concerted action to tackle organised immigration crime into and within the EU, and stress the importance of using regional partnerships, specifically the Khartoum process, to drive forward work under the Malta declaration.

Under ‘Any Other Business’, there will be an update from Austria on the “Managing Migration Challenges Together” Conference. The Commission will update on follow-up to the December 2016 EU-Internet Forum, specifically the outcomes of Commissioner Avramopoulous’ visit to the United States to discuss actions that internet companies are taking to counter terrorist propaganda and extremist content online. The presidency will also provide an update on EU responses to the European Court of Justice’s TELE2-WATSON judgment on data retention, ahead of a substantive discussion on Justice day. The Home Secretary will emphasise the importance of law enforcement experts being engaged in identifying appropriate responses.

The final substantive item of Interior day will cover a progress report from the presidency on negotiations on the reform of the Common European Asylum System (CEAS). The UK has not opted in to the majority of these measures, and is unlikely to intervene on this item.

Justice day (28 March) will begin with an update from the presidency on its proposal to convene a friends of the presidency group to facilitate a common reflection process at EU level on the impact of the TELE2-WATSON judgment on data retention. The UK is committed to working with other member states to understand the potential risks this judgment poses to investigating crime and protecting the public. I will emphasise the need to develop a common understanding on the necessity of data retention in relation to law enforcement and public safety.

On Criminal Justice in Cyberspace, the discussion will focus on strengthening and further aligning the legal frameworks and practical processes that allow access to, and the transfer of, electronic communication data to support the prevention and prosecution of crimes. I will intervene to support efforts to improve and co-ordinate member states’ capabilities in this area.

There will then be a policy debate on the criminal justice response to foreign terrorist fighter returnees. This will involve a discussion about policy recommendations made by the European Counter Terrorism Co-ordinator to tackle the threat from returning foreign fighters. I will highlight the work the Foreign Secretary is leading focused on the collection of evidence that can later be used to convict returning foreign fighters.

On combating financial crime and terrorist financing, the presidency will provide an update on the progress made at the working groups for the directive on countering money laundering by criminal law and the regulation on mutual recognition of freezing and confiscation orders. The UK is currently considering whether or not to participate in these measures.

The morning will end with an update on the progress of the negotiation of the directive on certain aspects concerning contracts for the supply of digital content. The UK is broadly supportive of the objectives of the proposal.

The final agenda item on Justice day will be a lunch discussion on the protections afforded to whistleblowers. The UK will share information on its system for protecting whistleblowers in response to presidency questions on the matter.

[HCWS556]

Security Industry Authority

Brandon Lewis Excerpts

Thursday 16th March 2017 Written Statements

[The Minister for Policing and the Fire Service (Brandon Lewis)]

The 2015-16 annual report and accounts for the Security Industry Authority [HC 1088] are being laid before the House today and published on www.gov.uk. Copies will be available in the Vote Office.

[HCWS540]