Illegal Seaborne Migration

Debate between Caroline Nokes and Charlie Elphicke

Tuesday 4th June 2019 Commons Chamber

[Caroline Nokes]

I hope the right hon. Lady is content that she has not heard reactionary grandstanding from me this afternoon, and that I have sought to focus on the efforts that are being made to save the lives of—she used this term herself—exceptionally vulnerable people, who are vulnerable before they take to the water in small and unsuitable craft, and much more vulnerable once they are in the midst of a very busy shipping lane. I hope I can reassure her that members of this cohort are treated no differently from others on receipt of their asylum claims. We study them in relation to our convention obligations under the human rights charter and, of course, EU regulations and directives.

When we have ascertained that Eurodac hits show that people have previously claimed asylum in another country, we will, of course, seek to return them under the Dublin regulation. As I have said, there have been 30 such cases so far, and there are many more in the pipeline. But the important point, which the right hon. Lady also emphasised, is that these are people in a vulnerable position, and it is absolutely our duty under maritime law to ensure that they are safe at sea.

[Charlie Elphicke (Dover) (Con)]

My constituents on the Dover frontline are seeing what was a crisis at Christmas turn into a surge through the summer. We cannot have a summer of chaos on the English channel. May I call on the Minister, and all Home Office Ministers, not simply to pick up the phone to the French and Mr Castaner, but to have a meeting with their counterparts in France and enter into a new compact that will establish the measures we need to ensure the security of the border on both sides of the English channel, and to bring this crisis to an end?

[Caroline Nokes]

My hon. Friend will be aware that the Home Secretary met Mr Castaner earlier this year. Indeed, I accompanied him back to Calais to visit the joint co-ordination centre. There are ongoing weekly meetings between Border Force officials and the police aux frontières, and with the regional préfet and sous-préfet, to discuss precisely this issue. However, as my hon. Friend has pointed out, it is about the border on both sides of the channel. It is much more effective to prevent a small craft from leaving the beach and thereby not risking life and limb than to seek to turn anything around in mid-channel. It is crucial for us to understand the implications of rescue operations in the middle of the channel. There are often children in those boats, and tactics are often deployed to ensure that the migrants are vulnerable. How despicable is it that they are being exploited by organised crime gangs who deliberately put children in those boats? It is far safer and much more desirable for us to prevent the launch of those boats than to take action at sea.

Oral Answers to Questions

Debate between Caroline Nokes and Charlie Elphicke

Monday 1st April 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

The hon. Lady will have heard me say earlier that we are working very hard with the social care sector and listening to organisations such as the Local Government Association. A couple of weeks ago, I met not just the LGA but the Convention of Scottish Local Authorities to talk about the importance of the social care sector and to make sure that our future immigration system is able to recruit people with the skills and the talents that we need to come to the whole of the United Kingdom.

[Charlie Elphicke (Dover) (Con)]

T4. With more arrivals by small boats across the English channel, will the Minister update the House on progress with aerial surveillance and gaining the agreement of France for migrants to be returned, to most effectively deter the people traffickers behind the migrant crisis?

[Caroline Nokes]

My hon. Friend is right to emphasise that it absolutely is people traffickers and organised crime gangs who are encouraging people to make this extremely perilous crossing. We deploy aerial surveillance, but the House will appreciate that I will not be able to discuss our covert assets in detail. He is right to emphasise that we are working with a number of member states, including France, to facilitate returns. About 20 individuals who have crossed via small boat have been returned to date, and further returns are in progress.

Oral Answers to Questions

Debate between Caroline Nokes and Charlie Elphicke

Monday 16th July 2018 Commons Chamber

[Caroline Nokes]

I thank the hon. Gentleman for his question. I am of course alive to the points made at recent Home Affairs Committee meetings and in the recent Lords debate on child citizenship fees. In due course, I will also consider the findings of the scheduled review by the independent chief inspector of borders and immigration.

[Charlie Elphicke (Dover) (Ind)]

Will immigration fees and policy be changed after we leave the European Union so that we seek the brightest and best from around the world without fear or favour, be they from India, China, America or, indeed, the European Union?

Oral Answers to Questions

Debate between Caroline Nokes and Charlie Elphicke

Monday 26th February 2018 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

The Department continues to make preparations for a range of possible outcomes from the UK’s negotiations with the European Union, working in close co-ordination with the Department for Exiting the European Union and others. We are already recruiting additional staff in Border Force and across the wider UK Visas and Immigration department to ensure that the correct preparations for leaving the European Union are well under way.

[Charlie Elphicke]

Can my right hon. Friend tell the House how much has been invested in our borders since the referendum and how much is planned between now and Brexit day in March 2019? Will the Home Office be ready on day one, prepared for every single eventuality?

[Caroline Nokes]

As I reassured my hon. Friend, we are making preparations for every eventuality. The Home Office has already invested £60 million in 2017-18. We will continue to review the funding position as negotiations continue and details of the final agreement become clearer. As he might expect, we are in continuing discussions with Her Majesty’s Treasury.

Cyber-bullying and Digital Anonymity

Debate between Caroline Nokes and Charlie Elphicke

Thursday 23rd October 2014 Commons Chamber

[Charlie Elphicke (Dover) (Con)]

I wish to raise the matter of cyber-bullying and the abuse of online anonymity. I know that there are hon. Members for whom this is of deep concern, so I am happy to take interventions, and, if there is time, for colleagues to make short speeches, if that would be in order, Madam Deputy Speaker.

Hate-tweeting trolls make people’s lives hell. They have got out of hand on social media, and we need to tackle them, but to paraphrase Tony Blair, we cannot just be tough on hate tweeting; we must be tough on the causes of hate tweeting. I suggest that we consider targeting the anonymity that hate tweeters use to harass people online. It is all too easy to set up a bogus account online and viciously stab at people from behind the curtain; ensuring that people could not set up anonymous accounts at will would force hate tweeters to be responsible for the hate they spew. They would be identifiable.

There is a deeper point. We need to promote kindness, courtesy and being yourself. When we bump into somebody on the street, we exchange pleasantries; when we engage in banter down the local pub, we have a fun time, generally; what we do not do is pretend to be someone else or hurl abuse and make threats without consequence. Why, then, does anyone think that that is okay on the internet?

I am particularly concerned for our young people, for whom cyber-bullying is a rising issue. According to ChildLine, 4,500 young people talked to the charity about online bullying last year, representing an 87% rise on the year before. The anti-bullying charity Ditch the Label surveyed more than 10,000 young people aged 13 to 22 as part of its annual cyber-bullying report in 2013 and found that 69% had experienced cyber-bullying at some point and that 37% had experienced it frequently. Most dishearteningly, 20% had experienced extreme cyber-bullying on a daily basis. Young people are twice as likely to be cyber-bullied on Facebook as on any other social network, with 54% of young people using Facebook reporting that they had experienced cyber-bullying. Facebook, Twitter and Ask.fm are the most likely places for cyber-bullying.

It is not just about the high-profile cases involving celebrities, people who have suffered great tragedy, such as the McCanns, or Members of Parliament who have been attacked. Well-known people are more likely to be reported on, but the problem is much more widespread than just a few famous people, and sometimes it ends in tragedy. In some cases, people have been so harassed online that they have been driven to take their own lives: Callum Moody-Chapman, in Cumbria; “Nadia”—the name given by the Italian media—in Italy; Erin Gallagher, in the Republic of Ireland; and Ciara Pugsley, also in the Republic of Ireland. It is important to make it clear that suicide often has many complicating factors, but we ignore these trends at our peril.

I have referred to well-known cases in the media of adults being cyber-bullied. There was the case of J. K. Rowling during the Scottish referendum; Emma Watson just for making a speech to the UN on feminism; and of course Judy Finnigan and Chloe Madeley. It is simply unacceptable. There are three pieces of relevant legislation: the Malicious Communications Act 1988, the Communications Act 2003 and the Protection from Harassment Act 1997. The legislation focuses on dealing with trolls when they have done damage, but we need to prevent that damage in the first place. Another problem is that the international reach of the internet makes it hard to tackle criminal acts in our justice system. The police need to be more proactive and effective in tackling the problem in a more organised fashion.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Is it not true, however, that even when the police are proactive and organised they are often met with the obstacle of large corporations, frequently based in the States, reluctant to hand over the information that would enable the police to identify and prosecute these trolls?

[Charlie Elphicke]

I completely agree with my hon. Friend. That is one barrier; the other one, of course, is that people can just set up new accounts at will. They can do that through the dark net, and they can hide their IP addresses to make it harder to locate who they are. That is why I am coming to the point of saying that perhaps we should think about making people identify themselves if they want to set up an account, just as we have to do in so many other walks of life.

I recognise that the international nature of the internet makes it hard to tackle the criminality in this country, but I suggest that the police should make much more use of the Harassment Act 1997 rather than view this as a separate online problem. The behaviour is what they should go after. If behaviour is criminal, we cannot allow more latitude for it on the internet. There is not. Such behaviour should be subject to the same tests as if someone is confronted on the street with nasty face-to-face remarks.

I welcome the fact that the Justice Secretary has set out plans for serious cases of cyber-bullying to go to the Crown court and be subject to a sentence of up to two years. That is a welcome and encouraging start—a step in the right direction, saying that cyber-bullying is unacceptable. Nevertheless, let me set out three areas where we could go further.

First and most fundamentally, people need to take responsibility for their actions and not have the option of anonymity. We have cracked down on poison pen letters. Some of us may remember the problem of deep breathers—those who would pick up the phone and start calling random numbers and deep breathing at people to terrorise them down the line. Call logging put a stop to all that stuff, but now we need to deal with trouble caused when characters use anonymity to spout vitriol online. Anonymity, then, is the first issue.

Evidence suggests that people’s behaviour becomes worse when they are given anonymity, which is why it needs to end. Social media providers should ensure that they know people’s identity to discourage hate-filled attacks. If it is known who they are, people will not go around doing this sort of thing and neither will they be able to create multiple social media accounts to further their hate campaigns.

Some say, “We cannot do this; it undermines the principle of free speech. I should be able to say what I like.” I believe they are wrong to say that because the principle of free speech was dearly bought. People can state their own views in their own name. Mrs Mopp of Acacia avenue can say, “The Prime Minister and the Leader of the Opposition are completely hopeless and not up to their job”, but the secret police will not come for them in the middle of the night. That is what free speech is about. It is not a right to go around anonymously terrorising and harassing people. That is an abuse of free speech. It is not free speech; it is pure cowardice, and it should not be tolerated. Neither should we confuse the issue of privacy to surf the internet, which we all believe in, with the idea of privacy in aid of anonymity as a means of launching attacks on people. There should be no hiding place for trolls.

Secondly, there is the issue of educating children on digital responsibilities. We cannot protect children simply by blocking access to the internet and social media. That will not work. Young people are at the forefront of technological change, so we need to educate them to understand that their online behaviour will be judged just as much as their behaviour in real life. Just as we teach citizenship and British values in our schools, so we should educate our young people about their online responsibilities and the importance of respect there, as well.

Thirdly, international action is important. The internet is international: it knows no borders and it is changing all the time. Social media has existed for barely a decade, and the law needs to keep up with this rapid change. That is why we need international co-ordinated action. An organisation such as the OECD could play a serious role in co-ordinating what we all do collectively in the global village in which we live. Rogue nations that harbour trolls and online criminals can be tackled more effectively with international co-ordination.

To conclude, it is becoming increasingly clear that it is time to strip people of their anonymity on social media.

Oral Answers to Questions

Debate between Caroline Nokes and Charlie Elphicke

Monday 10th February 2014 Commons Chamber

[Caroline Nokes]

I thank my hon. Friend for that intervention. CAFCASS has an incredibly difficult job to do, but too often it fails to deal with issues such as parental alienation, and it is important that we consider the problem of poor enforcement of contact orders when non-resident parents are granted access but resident parents ignore them.

The current situation does not work, and both coalition partners gave commitments on several areas relating to family law reform. Some of those issues—mediation and dispute resolution, better enforcement of contact orders and, I hope, reform of court practices—will be genuinely improved by the Bill, but both coalition partners also gave clear commitments on the subject of shared parenting or shared contact. Indeed, my hon. Friend the Minister said that courts are seen as creating winners and losers, and it is vital that both parents feel confident that the court will consider fully the benefits of their involvement.

The Government have worked hard to strike the right balance, called for by groups such as Families Need Fathers, UK Family Law Reform and the Association for Shared Parenting. Clearly, the legislative intent of clause 11 was to bridge the gap between delivering tangible progress on shared parenting while ensuring the paramount need of the child’s welfare was preserved through a presumption in favour of shared contact, providing there was no good reason to oppose it.

I was elected on a promise to seek a legal presumption in favour of automatic shared contact, something that the Bill achieved before the amendment was added, but clause 11, as amended, will not deliver what we promised. I hope that the Minister will be able to reassure me on that point and confirm that I am incorrect in that. There is a whole library of research showing the benefits to a child of a proper, meaningful and ongoing relationship with the non-resident parent. If, as a society, we are genuinely interested in tackling the impact of family breakdown, we must start by encouraging and enabling non-resident parents to remain active in their children’s lives.

The amendment plays into the hands of obstructive resident parents who wish to prevent a child from having a meaningful, ongoing relationship with an absent parent, and puts us back into a situation of winners and losers. Some 10% to 20% of separations—often those that are the most rancorous and upsetting, and in which winners and losers are created—come before the courts. It is right that the court should be bound by the paramountcy principle, but the culture of shared parenting should be driven home, forcing hitherto hostile and oppositional parents to work together in the interests of their child.

I hope that the Minister can provide me with the reassurance I seek. Apart from that, I believe this to be an excellent Bill on which we have all worked long and hard. I support the rest of the clauses and the amendments, and thank him for his attention on these matters.

[Charlie Elphicke]

I, too, have a long history with the Bill, having served in Committee, and being here for its final Commons stage today. It has been a real privilege to watch a master class from my hon. Friend the Minister in how to pilot a Bill with great dignity, courtesy and endless quantities of patience.

I also wish to pay tribute to the shadow Minister, who is no longer in her place but performed her role in Committee with great aplomb. She has handed over to the hon. Member for Birmingham, Selly Oak (Steve McCabe), whom I pressed earlier on the subject of childminders. It has been a pleasure to serve on this landmark Bill, and it will also be a pleasure to see it brought into force.

I shall concentrate on one basic statistic. In 1986, the employment rate for mothers whose youngest child is under three was 25%. Today, it is 56% and rising. That matters because it says everything about how the world has changed. If so many more women are in work—more than half of all mothers with children under three—child care is instantly an issue. That is why I raised the issue of childminders. In my constituency, if a family is above the benefits threshold but cannot afford £10,000 or so a year for a nursery, it has a real problem. That is why childminders are so important for that intermediate child care and why I make the case for the need to consider people in that salary band. There is a lot of deprivation in my constituency, and many people in low-skilled, low-paid work are in that position.

It also means that, because both partners are in work, parental love, affection and child care have to be juggled. Involvement in the child’s life has been transformed in the past 25 years: fathers are more involved with their children. Both parents are more involved with their children than ever before because of social change. That is why I welcome the changes in the Bill that relate to parental leave. Shared parental leave is a recognition of how the world has changed so very much.

I have raised the issue of contact many times in this place: the rights of children to have access to their parents. I thank the shadow Minister for using that formulation, because it is very important. It is a damning statistic that, of the 3 million children who live apart from a parent, 1 million have no contact with a parent three years after separation. That is really tragic, particularly given the way the world has changed. One parent, who was heavily involved in a child’s upbringing, is suddenly no longer there at all. That is destabilising to the child. That is why, in times past, I brought in a Bill to this House to enforce contact properly and place a duty on all. The right is not the right of the parent, but the right of the child to know and have a relationship with both their parents: the right of the child to have access to their parents.

This massive social change over the past 25 years matters so much because not all our judiciary are young people living the lives of modern parents seeking to get by. Not all academics or our social work establishment are young and as aware as they could be in their daily lives of this particular situation. It is for that reason that I want to congratulate my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) on her passionate, heartfelt and deeply thoughtful speech. She is absolutely right in all she says. I congratulate my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) on taking up this case originally and putting it forward.

The statistic on the involvement of both parents in the life of their child is particularly relevant to clause 11, which states

“unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare.”

I, too, share the concerns raised today that the amendment originally tabled by Baroness Butler-Sloss in the Lords Grand Committee risks watering that down. I recognise my hon. Friend the Minister’s assurances when he says that he is confident that the amendment does not alter the meaning of the clause or its intended effect. I hope that that will be reflected in the guidance issued to the family division, and that the family division will take note of that. It is really important that this principle is not ceded, particularly given that Baroness Butler-Sloss included not just the irrelevant issue of the division of a child’s time that resulted from the Norgrove report getting distracted by the Australian experience and the issue of the direct and indirect access.

It would not be right to have a situation in which the only contact for a parent who has been heavily involved in a child’s life is a phone call at Christmas, a book of photographs or the odd letter exchange. That does not constitute a right to know and a relationship with both parents. The right of children to have access to both their parents is essential. It matters because they may wish to turn one parent or to the other parent for mentorship, guidance, love and affection. We should enable that to happen. We should recognise that the world has changed.

Cruise Market (Competition)

Debate between Caroline Nokes and Charlie Elphicke

Wednesday 4th July 2012 Westminster Hall

[Caroline Nokes (Romsey and Southampton North) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Brooke.

At the outset, I pay tribute to all the right hon. and hon. Members who called for this important debate. I draw the Minister’s attention to the cross-party nature and geographical spread represented by those present. This is not simply Southampton versus Liverpool; it is about the principles of fair application of competition rules wherever they are applied. The issue relates to all parts of the country. I am particularly pleased to see the hon. Member for North Tyneside (Mrs Glindon) and the right hon. Member for South Shields (David Miliband). There are very few things that can bring together the south coast ports of Southampton and Portsmouth, so I regret that my hon. Friend the Member for Portsmouth North (Penny Mordaunt) cannot be here, but she has expressed sympathy on the matter before.

I direct the attention of right hon. and hon. Members much further north to the Scottish satirical writer, Thomas Carlyle, who said:

“Our life is not really a mutual helpfulness; but rather, it’s fair competition cloaked under due laws of war”.

That is why so many hon. Members here today are flummoxed or angry, or both, at the different application of due laws of war to different parts of the country, to different ports and to different port operators. Those due laws of war are not simply set down by a very British sense of fair play and a desire to see a level playing field—or whatever the equivalent nautical term is—but are clearly set out in European competition rules designed to ensure that state aid is not available to give an unfair advantage.

[Charlie Elphicke (Dover) (Con)]

I congratulate my hon. Friend on securing this important debate, which is also of significant concern to the people of Dover and its very successful cruise turnaround business. When it comes to state aid, should not the entire £19 million be repaid?

[Caroline Nokes]

I thank my hon. Friend for making that point, and for standing up for the cruise business in Dover. He makes an interesting point, which I will move on to later.

I have an unashamed loyalty to my home port of Southampton, the second-largest cruise port in Europe and the embarkation point of a cruise voyage for 720,000 passengers a year. Southampton is not a port that is afraid of competition. It is not afraid to invest private money to provide the facilities required for a thriving and expanding cruise business. As port director Doug Morrison, who has taken the time to be here today, has said on more than one occasion:

“We believe in fair competition. We do not fear Liverpool and competition, but it is simply not right.”

Of course, that is what our debate is about: ensuring that competition in the cruise industry is on an equal footing, and that a leg-up to one port is not an iceberg to another.

European competition rules on state aid are clear. The European Commission website devotes a considerable number of words to explaining them. Why does that come as no surprise? The Commission seems to be very good at devoting a considerable number of words to many things, but perhaps less good at applying those ideals when it comes to the crunch. I will quote those words to the Minister:

“Sometimes Government authorities spend public money supporting local industries or individual companies. This gives them an unfair advantage over similar sectors in other EU countries. In other words, it damages competition and distorts trade...It is the Commission’s job to prevent this,”

which seems a fairly unequivocal statement to me. It does not say that the Commission’s job is to sit back and allow market distortion. No—it is the Commission’s specific job to prevent it. However, first it must apparently ask some questions. That is fair enough, and I would like to take hon. Members and the Minister through those questions and ask whether they have been rigorously asked and responded to in relation to the UK cruise market.

Have state authorities given support, for example, in the form of grants, interest and tax relief, guarantees, holdings in companies, or goods and services provided on preferential terms? The answer strikes me as a big yes in the case of the port of Liverpool, which has received £19 million in grant and been asked to pay back only somewhere between £8.8 million and £12.6 million. Has such aid been available to other port operators in the UK, or has investment and expansion in their cruise facilities been without such support and advantage?

Is the support likely to affect trade between EU countries? Arguably, yes again. Barcelona and Venice are two of the leading ports in southern Europe, and a significant proportion of the UK cruise market heads directly to the Mediterranean. Clearly, therefore, there is potential for an impact. Of course, it is not only ports on the Mediterranean, but other European ports, too. For the past two years, the port of Copenhagen, primarily hosting departures to the Norwegian fjords and the Baltic, has been rated as Europe’s leading cruise port at the world travel awards. In Southampton, we might have a view on that, but it would come as no surprise to learn that cruises from Liverpool might reasonably be expected to head in that direction as well.

Southampton has been shortlisted at the world travel awards for the past four years, and I am pleased to see that it is nominated again for 2012. I have no doubt that the other ports shortlisted this year, which range from Las Palmas in Gran Canaria to Stockholm in Sweden, are all extremely concerned about the state aid to the Liverpool cruise terminal, which could have a very detrimental effect on the business they have worked so hard to attract. It is a market that continues to expand, as one in every eight British package holidays sold is a cruise.

--- Later in debate ---

[Caroline Nokes]

My hon. Friend makes an excellent point. It is partly about good faith and trusting that the port of Liverpool and Liverpool city council will abide by conditions and rules that are set for them.

By 2008, Liverpool city council had launched its first attempt to lift the conditions, and the conclusion, after a detailed assessment by the Department for Transport, was that the change of use to turnaround cruises would have an

“unfair and adverse effect on competition between Liverpool and other cruise ports. It would be unfair to allow one port to benefit when competitors have found, or would have to find, private money to achieve the same objective.”

And so to today. The Government have decided, “based on independent advice”—even though that advice is from First Economics, a consultancy that freely admits it is not expert in either competition or the cruise industry—that they will withdraw their objection to removing the funding condition and Liverpool being used for turnaround calls, provided Liverpool repays either £8.8 million upfront or £12.6 million over 15 years. None of the European regional development fund money would have to be paid back, but—this is crucial and goes back to the good faith argument—state aid clearance from the European Commission would have to be secured.

[Charlie Elphicke]

Does my hon. Friend agree that what is happening is astonishingly high-handed? The project has gone ahead regardless, without state aid clearance having been obtained. I note that no Member of Parliament representing Liverpool is in the Chamber.

Living Standards

Debate between Caroline Nokes and Charlie Elphicke

Wednesday 30th November 2011 Commons Chamber

[Charlie Elphicke]

I thank my hon. Friend for that powerful intervention, and she is absolutely right. The point has been made that, when we entered office, we had similar interest rates to Italy, but its rate is now up at about 8% and we are basically parallel with German borrowing. If we were turned by the Opposition into—dare I say it?—an Italian job, we would find that interest rates shot up for the average home owner and small business borrower, and that we faced serious difficulties and serious economic decline. In fact, we are not in recession and we are still growing.

[Caroline Nokes (Romsey and Southampton North) (Con)]

On my hon. Friend’s point about the real difficulties that we would face if our interest rates were the same as those in Italy or Greece, does he agree that the 25,000 home owners in my constituency would face real hardship, real misery, and possibly repossession?

[Charlie Elphicke]

I could not agree more. If we had pursued such a plan, we would now be in recession, and the fact that we are not in that situation and do not plan to be is a testament to how well the Chancellor has managed the economy since the election, and to how well the coalition Government have done in taking the tough and necessary decisions to steer the right and careful course.

The situation is, of course, difficult for our young people. All Government Members feel painfully how difficult it has been with youth unemployment, and it would be a lie to say otherwise, but we have taken action: we have had an apprenticeship revolution, which has done so much; we have seen the new youth contract, which is going to make such a big difference; and, although we know that the trend had been rising for some time, we now need to reduce it and to turn the oil tanker around. I am confident that this Government are absolutely determined to do that.