(2 years ago)
Written StatementsThe Government recognise that the majority of people drink at lower-risk levels and enjoy alcohol as part of socialising both at home and out and about. However, we also recognise that alcohol related harms remain of concern and need to be addressed.
The Government believe that the Licensing Act 2003 sets out a clear and effective legislative framework to regulate licensable activities nationally balanced with considerable local autonomy allowing areas to develop their own localities and economies based on their unique character and needs. We keep the Act under review and continue to work closely with licensing practitioners to ensure the regime remains fit for purpose and meets emerging challenges such as new digital technologies. There is a considerable body of good practice around implementation of the licensing regime for areas to draw on where needed.
We are taking forward an ambitious programme of work to tackle alcohol-related harms including the biggest reform of alcohol duties for over 140 years, the introduction of the alcohol abstinence monitoring requirement and alcohol monitoring on licence, and a strong programme of work to address alcohol-related health harms and their impact on life chances.
We welcome this follow up report from the Committee and have given careful consideration to all of the additional recommendations.
The Government Response to the Committee’s follow up report (CP 753) has been laid before the House today and will be published on www.gov.uk.
[HCWS360]
(2 years ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on His Majesty’s inspectorate’s report on vetting, misconduct and misogyny in the police service.
I thank my constituency neighbour, the hon. Member for Croydon Central (Sarah Jones), the shadow Minister, for her question on this extremely important topic. The report published yesterday by His Majesty’s inspectorate of constabulary and fire and rescue services makes for deeply troubling reading. The inspection was commissioned by the previous Home Secretary, my right hon. Friend the Member for Witham (Priti Patel), following the horrific murder of Sarah Everard by a then serving officer, as well as the emergence of wider concerns about policing culture.
The report concludes that it has been far
“too easy for the wrong people both to join and to stay in the police.”
The inspectorate found that on too many occasions vetting was not thorough enough and that in some cases it was inadequate. The Government take the view, as I am sure Members from across the House do, that that is unacceptable. It is particularly unacceptable and disappointing to hear about these vetting failures given that the Government have provided very substantial additional funding to fund the extra 20,000 police officers and additional resources for the police more widely.
The inspectorate concluded that, although the culture has improved in recent years, misogyny, sexism and predatory behaviour towards female officers and staff members “still exists” and is too high in many forces. That is shameful and must act as a wake-up call. That sort of disgraceful conduct undermines the work of the thousands—the vast majority—of decent, hard-working police officers who perform their duties with the utmost professionalism. More damagingly, it undermines public trust. This matters a great deal to all of us, which is why my right hon. and learned Friend the Home Secretary has made it clear that things must change.
Since the report was published yesterday, we have been studying it carefully; this has been my first week in this position, but I have been studying it carefully. It contains 43 recommendations: three for the National Police Chiefs’ Council; nine for the College of Policing; 28 for chief constables and three for the Home Office. The Home Office will most certainly be implementing those three recommendations. The NPCC said in a statement yesterday that it expects police to act on their recommendations urgently. That is most certainly my expectation as well: all of these recommendations will be acted on as a matter of urgency.
We should keep it in mind that the vast majority of police officers are hard-working and dedicated. They put themselves at risk to keep us safe, and we should pay tribute to the work that the vast majority of officers do on our behalf. The report has uncovered obviously unacceptable behaviour and we expect the recommendations to be implemented urgently.
I welcome the Minister to his place. However, I have to say that I am disappointed that the Government are not taking more responsibility and leading from the front following such a grim report.
Yesterday’s report is 160 pages of failure—failure to bar the wrong people from joining the police; failure to get rid of them; failure to protect female staff and officers, and failure to protect the public. A lack of proper action to root out racism, misogyny and serious misconduct means that some communities do not trust the police.
This is by no means the first time that serious failings and horrific examples of unacceptable behaviour have been exposed. After the murder of Sarah Everard by a serving officer, the Opposition came to this place and called for change. After the horrific murders of Bibaa Henry and Nicole Smallman, we came to this place and called for leadership. After the shameful case of Child Q, we came to this place and called for reform. After the shocking Charing Cross station report, we came to this place and demanded action. After the Stephen Port inquiry, we came to this place and called for reform. If the Government had acted and led from the front, we could have stopped people being harmed. Leadership must come from the top.
Yesterday, we learned that Metropolitan police officers had been sentenced to prison after sharing racist, homo- phobic and misogynistic WhatsApp messages. For years, there had been warnings—for example, from the independent inspectorate—about serious problems in the police misconduct system, including long delays, lack of disciplinary action, disturbing and systematic racial disparities and lack of monitoring.
We have heard anecdotal evidence of forces expediting the vetting process to meet the Government’s recruitment targets. What does the Minister know about that? What is he doing to ensure that it does not happen? Will the Minister confirm that the roles of police staff, who do a lot of the vetting work and have been subject to cuts, will be protected so that forces can introduce the right systems? Will the Minister follow Labour’s lead and introduce mandatory safeguards and professional standards, led from the top, into every police force in the country to keep everybody safe?
I thank the hon. Lady for her initial remarks and for her questions.
The Government have taken action. Indeed, the report we are debating was commissioned by the former Home Secretary directly in response to the issues that were raised. The fact that those issues have seen the light of day is thanks to that Government response. The Angiolini inquiry is also under way for exactly the same reason. We work closely with operational policing colleagues to ensure that the issues are properly addressed. I discussed the issues with Mark Rowley, the Metropolitan Police Commissioner, a few days ago, before the report was published.
As for ensuring that there are adequate resources for vetting and related purposes, the spending review settlement that the police currently receive has meant an additional £3.5 billion since 2019 over the three years of the police uplift programme, not just to pay the salaries of extra police officers but to provide the support and resources required to ensure that they are properly trained and integrated.
The hon. Lady was right to ask about professional standards, which are extremely important. In 2017, national vetting standards were set out in statutory guidance, which the College of Policing published. The report recommends updating some elements of that. Misconduct procedures are set out in statute. We expect the recommendations about improving those areas to be implemented, and we expect police forces around the country to ensure that the report’s recommendations are fully implemented.
Most serving and retired police officers will feel as aggrieved as everybody else that a small number have been allowed to get away with bad things for too long.
For seven years in this House, working directly with Ministers and the Metropolitan police, I have been pursuing the case of the injustice to Sergeant Gurpal Virdi. I do not expect the Minister to know it, but does he understand that confidence can be restored only when lessons are learned, and that this is a good case to look at?
After reading the book, “Behind the Blue Line”, may I recommend that Home Office and Justice Ministers meet me with Gurpal Virdi, Matt Foot, his solicitor, the Crime Prosecution Service and the Independent Office for Police Conduct to review what went wrong, what should be put right and how the matter will be reviewed?
I thank the Father of the House for his question. I do agree that the vast majority of police officers, who are hard-working, brave and decent people, will share this House’s shock at the contents of the report. We should keep it in mind, as I say, that the vast majority of police are hard-working, brave and decent people. In relation to the case that he raised, if he is able to write to me with particulars, I would be very happy to look further into it and meet him.
I welcome the Minister to his place. The report contains very disturbing instances of sexism and harassment perpetrated against women within the police and among the general public, and the systematic failures that contributed to that. The Select Committee has just started an inquiry into police priorities. I want to invite individuals with experience of sexism and abuse within the police and of the systems that failed them to come forward and share those experiences with the Committee. On the specific issues in this report, can the Minister just say whether it is acceptable that police forces are not required to hold face-to-face interviews with candidates or to obtain their employment and character references? How can that be correct and right when the police service has such a pivotal role to play in law and order in this country?
I thank the right hon. Lady for her question. I strongly welcome the work that her Committee is doing in this area; it is very good that she is doing that. The issue that she raises around misogyny is a serious one. The report finds that progress has been made, but that there is a great deal more to do. I look forward to listening carefully to the recommendations that her Committee makes after it has conducted its own investigation. I think that 35% of officers are now female, which is a record figure—it has never been higher than that—and that an even higher proportion of recent recruits are female, which will hopefully add to the need to improve the culture. The training standards in the Policing Education Qualifications Framework do now include training around bias, tackling prejudice and discrimination, protecting people and looking after people with protected characteristics, but, clearly, there is a lot more to be done.
In relation to the vetting process and some of the issues that the right hon. Lady touched on at the end of her question, there are specific recommendations about them among those 43 items in yesterday’s report, and we expect police forces to adopt all of them.
I thank the Minister and the previous and current Home Secretary for the leadership that they are showing on this issue, but, clearly, the report makes deeply worrying reading. Obviously, the vast majority of police officers are dedicated and professional, but there are some wrong’uns who are serving in our forces. For example, is it right that male officers are viewing pornography at work on suspects’ phones? Is it right that they are engaging in “booty patrol”, where they are stopping attractive young women who they see driving in cars? When will the Minister come forward with the Government’s response so that women and girls across our country can feel safe and have their trust and confidence in the police restored?
All of the things that my hon. Friend describes are clearly completely unacceptable. No female officer or female member of the public should experience the things that she has just described. We do expect urgent action to be taken on these areas. The issues that she referenced are included in the 43 recommendations, and we expect implementation of those to be undertaken as a matter of urgency.
Much has been said at the Government Dispatch Box about the need for integrity, but that has to extend not only to police recruits but to those who purport to govern them. Given that the Tory police and crime commissioner of Cleveland, Steve Turner, has admitted to handling stolen goods from his employer, it cannot be that candidates for such positions who do not disclose their criminally dishonest pasts are able to stand for office or continue in office once such matters come to light. Does the Minister agree?
I am not familiar with the case the hon. Gentleman refers to, so I will not comment on the particulars. In general, however, when people stand for election, the public pass their verdict.
With over 100,000 police officers serving in England and Wales, it is important that everyone in this House accepts that they will be as outraged as we are with the contents of the HMI report. Those police officers will be out on our streets on Saturday night, and the vile individuals identified in the report have made their job of keeping us safe harder. Because they do not have a voice and we do, I rise to say that I stand with our hard- working police officers. I stand with our police officers in Lancashire. They are doing a good job of keeping us safe, and they will be as disgusted as we are.
My right hon. Friend is absolutely correct. The vast majority of police officers are decent, hard-working and brave people who put themselves at risk to keep us safe, and they will share our horror at these findings.
As many know, I was a police officer, joining Lothian and Borders police in 1999. I will not pretend that I do not recognise some of the elements of the culture described in the report, but I am concerned that policing by consent, which is the central tenet of policing in the UK, is threatened by reports such as this one. Scotland is not immune—the Minister mentioned Dame Elish Angiolini, who has carried out a similar report in Scotland. We need to sort out the vetting, but I have a real concern that there are people serving in the police force today who should not be there. What actions is the Minister taking to ensure that all forces do that? Given that the picture is quite fractured, with 43 forces, does the IOPC have a role in ensuring that that work is expedited?
I thank the hon. Lady for her question and for her service as a police officer in Scotland. She is right to point out that this is not just about vetting on entry; it is also about conduct while in office. The recommendations touch on this matter, including in relation to the Home Office and the rule 13 processes around people who are still on probation. I have only been in post for a week, but I do think that making sure that misconduct allegations and wider performance issues are acted on quickly merits further attention, and it is something I will look into.
The significance and seriousness of the report should not be understated, but does my right hon. Friend recognise that the vast majority of police officers are honourable, hardworking and dedicated public servants? Can he assure us that he will take the strongest action to follow through and deliver on the recommendations, but that he will also show and give the greatest confidence to those honourable police officers who are public servants and who work daily to keep us safe?
My right hon. Friend is absolutely right. This Government and, I am sure, all Members on both sides of the House, stand with and behind the vast majority of police officers, who work hard to keep us safe, often putting themselves in danger to do so. We will continue to give full support to that vast majority while we take urgent action to address the findings in the report.
The report states that hundreds, if not thousands, of officers who should have failed vetting are now working in police forces across the country, including mine. What measures will he take to identify those individuals and take action?
There is already a process of periodic re-vetting of serving police officers. One of the 43 recommendations in the report published yesterday is to do that re-vetting more frequently, and that is with police chiefs as we speak.
It is vital that lessons are learned, and I thank the Minister for confirming that the recommendations in the report will be delivered in full, but does he agree that 99.9% of our police officers in this country do a brilliant job in keeping our communities safe, and that it would be a grave mistake if those who oppose the police for political reasons were to jump on the report as a way to undermine public confidence in the work the police do?
I agree that the vast majority of police are hard-working, decent and brave. I have not heard any Member attempting to exploit the report today, and I am sure that no Member of this House would do so. I am also sure that all of us will stand with our brave officers who are doing a good job while ensuring that appropriate action is taken where urgent improvement is needed.
When this urgent question was heard in the other place yesterday, the Minister in the Lords pushed responsibility for standards and reform on to individual police chiefs in individual forces. We know there is a clear postcode lottery with police standards, which is letting the public down. Does this Minister accept that that is wrong and that there must also be leadership from the top at the Home Office too?
Of course I agree that leadership is important, including setting clear standards and, for example, ensuring that those statutory guidelines were put in place in 2017. Leadership is important, and I believe this Home Secretary and the previous Home Secretary, who commissioned this report and the Angiolini review in the first place, have discharged those responsibilities. The hon. Gentleman is also right to allude to the fact that the police are rightly operationally independent; we must ensure that the institutions and structures are right, that police chiefs are supported as necessary, and that the College of Policing is setting the right standards. That is what many of the recommendations in this report seek to do.
Jonathon Cobban and Joel Borders were serving police officers in Hounslow. Yesterday, they were sentenced to 12 weeks in prison for sharing the vilest misogynistic, racist, ableist and homophobic messages in a WhatsApp group that also included Wayne Couzens and others. In court, they showed no remorse. All those officers had been transferred in from the Civil Nuclear Constabulary to fill gaps in the Met. Is the Minister aware of a wider problem of officers being transferred between forces without any real vetting or suitability checks at the time of their transfer, and what is he doing about it to ensure not only that it does not happen again, but that all officers currently serving in the Met are fully vetted and, if they are found to have issues, are sacked from serving in any police force again?
I share the hon. Lady’s horror at the case she describes, which was heard in her local area. It is a truly shocking case. On the question of transfers, one reason for the police uplift programme, hiring the extra 20,000 officers, is to ensure that there are no gaps that need to be filled. There are important recommendations among the 43 that address the question of vetting. On her point about checking the existing cadre of officers, I draw attention again to the point I made a few minutes ago about the regular rolling process of rechecking, which the report also refers to.
This is a sad saga of Government and police management failure. Understandably, there will likely be increased vetting after this important report, so by when will all the additional 20,000 police officers promised so long ago actually be in post?
Of the extra 20,000 officers, just over 15,000 were in post by 30 September this year. The information I have been provided with in the last week—my first week in this post—is that by the end of March 2023, in four or five months’ time, all 20,000 will have been recruited as planned.
This issue starts at the very top, and we have missed many opportunities to tackle it. It was also exacerbated by the incredible decision of the Conservatives to cut 21,000 police officers. Now we have a mad dash to try to backfill those gaps in the service. Can the Minister assure us that no lax vetting has been involved in filling those gaps, and what will he do to go back and re-vet those officers to ensure that they are of the highest standard?
The report made it clear that there have been problems with vetting—that is one of its key and troubling findings. There is a programme of automatic re-vetting of officers on a periodic basis, and one of the report’s recommendations is that that should be done more frequently, for the reasons the hon. Gentleman sets out. More broadly, officer numbers did go down shortly after 2010, owing to the catastrophic economic circumstances at the time, but they are now going up rapidly and by March of next year, as I said a second ago, we will have a record number of police officers—at no point in this country’s history have we had more officers on the books than we will have by March next year. In fact, my understanding is that in the force area covering his constituency and mine there are already a record number of Metropolitan police officers. Never in the Met’s history have there been more police officers on its books than there are today.
I thank the Minister for his response to the questions that have been asked. I also want to put on the record my thanks to the many police officers who are above reproach and do a wonderful and very courageous job; it is important to say that before asking questions. It is disturbing to learn in this report that petty theft or assault charges were either ignored or not found out in the vetting procedure, which tells us just how broken the system is. What has been done to fix that and to ensure that the past record of people of both genders is known, decisions are made in the best interests of the force and every action is taken to restore the general public’s confidence and trust? That is really important.
I thank the hon. Member for his question, and I agree with his comments at the beginning. We should keep in mind in this debate, both in the House and publicly, that the vast majority of police officers are decent, hard-working and brave people putting their own safety at risk to keep us safe; we should never lose sight of that fact. I share his concern about the vetting issues that we have discussed, and there are recommendations to improve those. Where applicants have served a custodial sentence or signed the sex offenders register, there is currently an absolute prohibition on them being recruited as police officers, and where they have a criminal conviction of any kind, there is a presumption against their recruitment. That is a rebuttable presumption, so they can make representations, but the presumption is that they will not be hired. Clearly, we need to ensure that that information is always known and always considered, and there are recommendations in yesterday’s report to ensure that that happens.
(2 years ago)
General CommitteesI beg to move,
That the Committee has considered the draft Football Spectators (Relevant Offences) Regulations 2022.
It is a pleasure, as always, to serve under your chairmanship, Mrs Murray. I expect many members of the Committee will be aware of the recent concerns about football-related violence, disorder and antisocial behaviour. In fact, the 2021-22 season saw arrests far higher than in any of the previous seven seasons. The increase in that year followed a long-term downward trend, but is none the less a matter of significant concern. A particularly low point came during the Euro 2020 tournament, where we saw not only horrendous and unacceptable racist abuse directed at some England football players but serious incidents in the vicinity of Wembley stadium, particularly on the day of the final in July 2021.
Baroness Casey, in her review of those events, found numerous infractions, one of which was the blatant use of cocaine by some football fans in front of other law-abiding citizens, including young children. That is completely unacceptable. A recent study found cocaine traces on nearly all tested toilet cisterns at major football grounds, and the police have carried out match day operations to seize drugs at football matches and to arrest individuals. Unfortunately, the trend of using and supplying cocaine at football matches continued into the 2021-22 season, during which, according to police data, there were over 140 reported arrests for drug offences.
The police have been clear that they have seen an increase in drug-fuelled disorder across all forms of regulated football matches. Cocaine, which is a matter of particular concern, is a class A drug. It is highly harmful and often leads to extremely disorderly behaviour. The trend of detection of cocaine use at football matches is extremely worrying. We have therefore taken the necessary steps to lay this instrument, which will see all those who attend football matches and who supply or use class A drugs subject, or potentially subject, to football banning order proceedings upon conviction.
Football banning orders are an appropriate and effective tool to help to combat football-related disorder. In addition to a regular criminal conviction and whatever sentence may get passed, football banning orders can be used to ban the individual from attending regulated football matches for between three and 10 years. That will obviously prevent troublemakers from continuing to attend football matches, and will provide an extremely strong deterrent. We are determined, alongside the police, to drive down football-related violence and disorder, and this instrument is an extremely important part of that work. I commend the draft regulations to the Committee.
(2 years ago)
General CommitteesI beg to move,
That the Committee has considered the Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2022 (SI. 2022, No. 978).
It is a pleasure to serve under your chairmanship, Mr Pritchard, I think for the first time. This is a simple measure that I hope Members on both sides of the Committee will be able to support. It is part of the package of measures introduced by the Government to support the hospitality industry during and immediately after the coronavirus period. Those measures included eat out to help out, and of course the coronavirus job retention scheme, sometimes known as furlough. Some of the changes were introduced through the Business and Planning Act 2020. Those measures, which were designed to assist the hospitality sector, included making obtaining a pavement licence quicker and easier for those businesses wishing to set up on pavements. Parliament has already agreed to extend those measures, which will continue until September next year.
One of the complementary measures concerned alcohol licensing. It provided 38,000 licensed premises with a temporary off-sales permission that extended their on-sales licence so that they could sell alcohol for consumption off the premises as well as on them. It was designed to help businesses—bars and pubs particularly—that were struggling through coronavirus. Of course, we hope that coronavirus as a medical pandemic is largely behind us—although it is not completely so—but the financial implications are still with many businesses, including those in the hospitality sector. To support that sector a little further as businesses continue to recover from the coronavirus pandemic, the instrument simply extends the provisions that I described a moment ago, allowing on-licence premises to sell alcohol for consumption off the premises for a further year, until 30 September 2023. We consulted the National Police Chiefs’ Council about that, and the view of the police is that the extension of off-sales licences that I have just described has not caused any increase in crime or disorder.
In terms of timeframes beyond the one year that we are debating, the Government intend to consult publicly about what the long-term arrangements might look like in England and Wales. That will happen in the course of the coming year, and be concluded in advance of 30 September next year, when this extension comes to an end. Everybody who has an interest in this—the licensed sector, local authorities, the police, the public and Members of Parliament—can express their views about how it should continue in the longer term. I hope that members of the Committee will join me in supporting this measure, which will assist pubs, bars and other hospitality outlets in all our constituencies. I commend the regulations to the Committee.
(2 years ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a great pleasure to serve under your chairmanship, Dame Maria. I begin by congratulating my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) on securing this important debate, supported as always with enthusiasm, passion, conviction and ability by his colleagues, my hon. Friends the Members for Stoke-on-Trent North (Jonathan Gullis), for Newcastle-under-Lyme (Aaron Bell), and for Stoke-on-Trent Central (Jo Gideon). They are phenomenal advocates for their city and their part of Staffordshire.
My hon. Friend the Member for Stoke-on-Trent South has made an extremely moving and compelling case for the terrible effects that monkey dust, and in particular the forms of monkey dust known in Stoke-on-Trent as either fluff or tan, has on his constituents—not just those who are taking it but those affected by their behaviour. I was struck by the eloquent description towards the end of his excellent speech where he described the shocking activities of people under the influence of the drug, and the impact that that has on their partners and innocent members of the public going about their daily business or even asleep at home late at night. It is very clear the drug can have a devastating impact, both on those who use it and on law-abiding members of society.
As my hon. Friend the Member for Stoke-on-Trent South set out, monkey dust is the street name for drugs that form part of a family called cathinones, which are central-nervous-system stimulants that act in a similar way to amphetamines. My hon. Friend has raised concerns about that previously, including in a 2018 Westminster Hall debate on synthetic cannabinoids. He has at least a four-year track record of raising the issue in the House.
As he set out, drugs, including monkey dust, are a corrosive and destructive force in society. This Government are very focused on preventing drug misuse through the criminal justice system and policing, as well as through treatment and recovery. The Government have a 10-year drugs strategy. We want to force down drug supply though the criminal justice system. That is one of the reasons why we are recruiting 20,000 extra police officers—a key focus for them will be combating drugs. Of those officers, over 15,000 have already been recruited, I think. As of 30 September this year, 265 extra officers are now policing the streets of Staffordshire, and part of their focus is on the drug problem.
We also need to ensure that people who are suffering from drug addiction are treated. There is a whole programme of expenditure that the Government have set out in our 10-year strategy published last December. In the current three-year period, £780 million has been allocated specifically for treatment and recovery to cure people’s addiction. That is on top of the existing public health grant expenditure. Stoke-on-Trent is in the first wave of authorities receiving that extra money; the funding this year specifically for Stoke-on-Trent is approximately an additional £1 million, over and above the existing public health grant, to try and treat addiction. If we can stop people becoming addicted it removes the market from the people who are supplying those drugs, and it stops members of the public being harassed and intimidated in the way that has been described.
We are, of course, delighted with the 265 brand-new police officers in Staffordshire, which has been welcomed by the commanders of Staffordshire police. Sadly, our former chief constable was an abomination. That meant we had a really poor neighbourhood policing plan, which sadly led to a tough inspectorate report of Staffordshire police by His Majesty’s inspectors. That is why any additional support that can be given to enable our fantastic new chief constable, Chris Noble, and our police and fire commissioner, Ben Adams, to get the technology and to get the officers and police community support officers time in the community to build intelligence on where criminal gangs and county lines are organising would be of great help. Will the Minister ensure that he takes that case of additional funding back to the Home Office?
We will look at police funding in the relatively near future. Next year’s settlement will be published in draft form for consultation in December and then finalised, typically, in late January or early February. I will certainly take on board that representation for Staffordshire.
I am delighted to hear from my hon. Friend the Member for Stoke-on-Trent North that his new chief constable is taking a good approach to policing, including by focusing on neighbourhood policing, getting police visible on the streets and spending time tackling criminals, rather than anything else. It is that focus on protecting the public and being visible that has worked in the Greater Manchester force, which has just come out of what is sometimes called special measures, because its chief constable took a similar approach to frontline policing and getting the basics of policing right.
My hon. Friend also mentioned time and ensuring that police spend time fighting crime, catching criminals and patrolling the streets, instead of being tied up in what can be counterproductive or wasteful bureaucracy. A report is currently being conducted by Sir Stephen House, a former senior Metropolitan police officer who is now working with the National Police Chiefs Council, to look at ways of reducing and stripping back bureaucracy and burdens on police time, such as administration and reporting of non-crime matters. I will work closely with Sir Stephen on that to try to ensure that police officer time is spent on the streets protecting our constituents, not doing counterproductive administration.
To reiterate what my hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) has just said, there really needs to be a focus on our town centres. In lots of the so-called red wall seats, our town centres have been hollowed out, with people on drugs on the streets. I am very pleased not only with our new chief constable, Chris Noble, but with my new borough commander in Newcastle, John Owen, both of whom are really focusing on antisocial behaviour in the town centre. We have so much money coming into Newcastle from the town deal and the future high streets fund, but it will not go for anything if people do not feel safe in the town centre.
I completely agree about the importance of visible, active town-centre policing. In fact, I have seen it in my own town centre in Croydon. I met our borough commander, or basic command unit commander —the chief superintendent—only last Friday, and he made exactly the same point. The police uplift programme has delivered officers to police Croydon town centre, which does make a difference. We want to see that replicated in towns and cities across the country. The police uplift programme provides the numbers of officers to do exactly that.
I should probably turn to the central ask of the debate—I am not trying to avoid the question or obfuscate in any way—which is the question of how this family of drugs, cathinones, is classified. It may be worth reminding colleagues of the maximum prison sentences available for those convicted of the supply and possession of class A, B and C drugs. These are the maximum sentences, which courts often do not use because sentencing guidelines set out the sentence that should be used in practice, having regard to the circumstances of each case. These are the current maximum sentences that the courts have at their disposal for supply: for class A drugs, it is life in prison; for class B drugs, 14 years; and for class C drugs, a maximum, again, of 14 years. For possession, the maximum sentences are: for class A drugs, a maximum of seven years; for class B drugs, a maximum of five years; and for class C drugs, a maximum of two years.
I stress that those are maximum sentences and a court will very often sentence a long way below the maximum, depending on the circumstances of the case. Increasing the classification obviously increases the maximum, but it will also increase the likely actual sentence, because courts will look at the maximum when they sentence in each individual case. The sentencing guidelines are pegged off the maximum sentence. I thought it was worth setting that out as a little bit of background.
On the classification of drugs under the Misuse of Drugs Act 1971, the Government have a statutory obligation to consult the Advisory Council on the Misuse of Drugs before making any change to the classification. That was last looked at in relation to cathinones in 2010, when the ACMD advised the Government to maintain the class B classification. From what I have heard from my hon. Friends the Members for Stoke-on-Trent South, for Stoke-on-Trent North, and for Newcastle-under-Lyme, what has been happening in those places since 2010 represents a significant escalation, or deterioration, in what has been happening on the ground. Indeed, it sounds like a phenomenon that has been happening in the last three, four or five years.
In response to the debate, I intend to commission Home Office officials to advise on whether we should submit the cathinone family of drugs to the ACMD for an updated evaluation to see whether reclassification is needed. We need to make sure that does not displace some other drug from the pipeline, but I will ask for that advice today and I am happy to revert to my hon. Friends the Members for Stoke-on-Trent South, for Stoke-on-Trent North, and for Newcastle-under-Lyme once that advice has been received and considered. I hope that that shows that this Westminster Hall debate has prompted action which otherwise would not have taken place. We will start the process of considering whether to submit this to the ACMD, while taking into account whether there is space in the pipeline. That demonstrates the value of these debates. I have only been in this job for three working days, but were it not for this debate the matter would not have come to my attention.
I thank the Minister for his efforts and words. That will make a huge difference. I recognise that there is an independent process, but I hope the decision ultimately results in the reclassification of the drug. I thank the Minister for all his efforts in just three days; I am sure he will continue in that regard.
I thank my hon. Friend for his comments. There are three steps in the process. First, we need internal Home Office advice on whether we should submit this to the ACMD, which I will commission today. Secondly, having analysed the situation, if the advice concurs with what my hon. Friend said, we will make the submission. However, it depends on what the advice says. Thirdly, after submission, the ACMD will then have to do its work. I should be honest and say that none of those steps are guaranteed, but I will initiate the first step today.
We are almost out of time, so on that note, I thank my hon. Friend the Member for Stoke-on-Trent South for initiating the debate, my hon. Friends the Members for Stoke-on-Trent North and for Newcastle-under-Lyme for their extremely valuable contributions and the passionate eloquence that, as always, they show, and Home Office officials who have been supporting work in this area. I look forward to further debates on topics of importance in this new role.
Question put and agreed to.
(3 years, 4 months ago)
Ministerial CorrectionsOpposition Members should study article 31 of the refugee convention, which makes it clear that it is permitted to impose penalties where someone has not come “directly” from a place of danger and where they did not have a reasonable opportunity to claim asylum somewhere else.
[Official Report, 20 July 2021, Vol. 699, c. 915.]
Letter of correction from the Under-Secretary of State for the Home Department, the hon. Member for Croydon South (Chris Philp):
An error has been identified in my speech.
The correct wording should have been:
Opposition Members should study article 31 of the refugee convention, which makes it clear that it is permitted to impose penalties where someone has not come “directly” from a place of danger and where they had a reasonable opportunity to claim asylum somewhere else.
(3 years, 4 months ago)
Commons ChamberWhat I would say to them, what the Scottish Government have said to them and what my party says to them is that they are very welcome in Scotland, but unfortunately at the moment we do not have control over that aspect of policy. Until we take the steps to ensure that we do have control over that aspect of policy, we are stuck with trying to persuade this British Government that their policies are wrong.
I fear that the chances of this Government amending the Bill in any meaningful way are absolutely zero, but I know that it matters very much to my constituents, other people in Scotland and many organisations—the Trades Union Congress in Edinburgh passed a motion condemning this Bill just in the last few days—that the Scottish National party stands against the Bill. As I say, I do not think that our stand will work, and I continue to look forward to a future where an independent Scotland will be able to set a better example on refugee policy.
Will the hon. and learned Lady give way?
It is a pleasure to see you in your place, Madam Deputy Speaker; thanks for the slight jolt, as I was called a wee bit earlier than I was expecting. I have also forgotten that I can take my mask off while I am speaking. Eid Mubarak to my constituents across Stirling and those elsewhere who are celebrating.
Today’s debate really cuts to matters of deep principle. How we treat the world’s most vulnerable seeking sanctuary here touches deeply held sincere principles on all sides. I detect throughout this debate a real difference in world view between the SNP Benches and the Government Benches. Scotland’s tragedy is that for centuries we exported our people. We are a third of the UK landmass, but we are not full. We need more people, not fewer. Scotland’s challenge for decades has been a declining population. European freedom of movement was helping us with that and then it was ended.
I am extremely grateful to the hon. Gentleman for being a little more accommodating than the hon. and learned Member for Edinburgh South West (Joanna Cherry). He says that Scotland would like more people. Could I therefore urge the Scottish Government and Scottish local authorities to accept dispersed asylum seekers? The only one of Scotland’s 32 local authorities to accept dispersed asylum seekers is Glasgow. Scotland accepts only a small handful of unaccompanied asylum-seeking children, each one of whom carries with them £53,000 a year of funding. If the Scottish Government are so keen on having more people, how about they play their part in the way that I have just described?
The Minister, I presume inadvertently, actually makes my point for me. Scotland, under my party’s philosophy, wants to play a part on the world stage as an independent state of the European Union, playing our part in upholding international law—all of it, not breaching it on a regular basis—however limited or specific that way may be. We want to take our fair share of asylum seekers. We want to be that haven. But the financial mechanisms in the UK, as the Minister well knows, mitigate our ability to do that. That is my answer to him.
I thank the hundreds of my constituents who have been in touch about this Bill—all against it. I thank in particular Forth Valley Welcome, Stirling University Student Action for Refugees, the church groups across the Forth Valley and Start Up Stirling, all of which have done great work to welcome refugees.
I will try for consensus, because this issue is too important for Punch and Judy politics. Let us accept that this is a difficult, sensitive issue for any Parliament, anywhere, to deal with. It is a problem that needs to be addressed; we agree with that. We all want to see the dreadful people traffickers properly penalised for their dreadful actions. Scotland, independent, will have immigration, nationality and asylum laws, and we will control our borders—the UK is not the only country dealing with these issues—but we will not do it like this. The Bill is not all bad, but from our perspective it is assuredly more bad than good. We would contend that the problems of the UK’s complicated, expensive, bureaucratic and slow nationality and refugee policies are entirely made in London and have been made worse by this Government.
The Bill is about issues of deep principle, so let us hear what some of the faith groups think about it. The Very Reverend Dr Susan Brown, the convener of the Faith Impact Forum of the Church of Scotland, says:
“we are urging the Government to think again and listen to asylum seekers and refugees, organisations that support them and people in receiving communities working to provide welcome and friendship.”
How about the Catholic Bishops’ Conference of Scotland? It says:
“Creating arbitrary divisions based on people’s method of entry will have profound implications for those who need our support most… many families and individuals have no choice in the route that they take, and to penalise them on this basis dangerously undermines the principle of asylum.”
In the time allowed, I will focus only on clauses 10, 29 and 38, because between them they provide ample grounds for voting against the whole package, although there are parts to which we might be more amenable.
I am particularly grateful to the Law Society of Scotland for its forensic examination of the Bill, on which I will draw heavily.
Clause 10 introduces a two-tier treatment of refugees based on means of entry. The Law Society of Scotland endorses the UNHCR in saying that
“to create a discriminatory two-tier asylum system”
undermines
“the 1951 Refugee Convention and longstanding global cooperation on refugee issues.”
A number of Conservative Members have said that France should somehow solve the UK’s problems for it. If the UK is playing a part in undermining global co-operation, it can hardly expect co-operation back.
I thank all Members who have spoken in this extremely thorough two-day debate.
The public expect this House to protect our borders, they expect us to combat the dinghies crossing the English channel and they expect us to remove those with no right to be here. This Bill will deliver those people’s priorities. The Labour MPs who say those priorities are somehow racist are not only wrong, but they are insulting our fellow citizens who rightly want proper border control. The Bill is fair but firm: fair to those in genuine need, but firm towards those seeking to abuse the system. Let me reiterate the Government’s commitment to supporting those in genuine need. Of course, we cannot help all 80 million displaced people around the world who may wish to come here, but we will play our part.
First, we are continuing our world-leading resettlement programme. We are working with the UNHCR. We resettle the world’s most vulnerable. We have resettled 25,000 people in the last six years—more than any other European country—half of them children. We will be strengthening that arrangement by immediately granting indefinite leave to remain to those entering via the resettlement programme. I am concerned about the poor integration outcomes in the resettlement scheme—fewer than 5% are in work after a year—so we are going to do more on integration. We are also going to draw in a wider range of persecuted people, recognising, for example, that the most persecuted group globally are persecuted Christians, whom we should make an effort to look after as well.
The Minister talks of what the public expect, but one thing I do not think they would expect is for this Government to create a criminal offence that would see a Uyghur fleeing genocide in China, a Syrian fleeing war crimes or indeed a persecuted Christian who gets here without a visa subject, potentially, to a four-year prison sentence under this Bill.
The hon. Gentleman mentions Syrians fleeing war crimes. Our resettlement programme has principally focused on Syrians fleeing war crimes, who, via the UNHCR working in the region, have been able, safely and legally, to come to this country in greater numbers than are seen in any other European resettlement programme. That is quicker, safer and easier than illegally crossing the channel in a dinghy. We are not just running Europe’s resettlement programme; as we speak, we are bringing locally engaged staff from Afghanistan to the UK, and we have opened up a route for British nationals overseas from Hong Kong to come here, escaping the oppressive regime of the Chinese Communist party. In addition, 29,000 people have come in the past six years as part of refugees family reunions. So when the Opposition claim that we are not offering safe and legal routes, that is simply not true.
The Scottish nationalists have been saying that Scotland would like to do more. I am very disappointed, as I said in my intervention, when I was able to get in, that out of the 32 local authorities in Scotland only one, Glasgow, takes dispersed asylum seekers. If Scotland wants to do more, they have the opportunity to do so. Moreover, when it comes to taking unaccompanied asylum seeking children under the national transfer scheme, Scotland took only a very small handful of the 600 or so who were transferred last year. Scottish National party Members cannot talk about money, because those children have more than £50,000 a year of funding going with them. There are children right now in Dover who need to be looked after, so I call on the Scottish Government to put action behind their words and take some of those children on—tonight. They do not need independence to do that; they can do it now.
Let me be clear: we will always play our part for those in genuine need, but we should choose who deserves our help. Illegal immigration undermines that choice. Instead of the UK being able to choose the children and families most in need, illegal immigration instead allows those who pay people smugglers or who are strong to push their way to the front of the queue.
I will give way in a moment. There is no worse example of that than the small boats crossing the English channel. About 80% of the people on them are young single men, who have paid people smugglers to cheat the system. They are not fleeing war. France is not a war zone. Belgium is not a war zone, and nor is Germany. These are safe European countries with well-functioning asylum systems. These journeys are dangerous and unnecessary, and push to one side those in greatest need, including women and children.
I am delighted that my hon. Friend has brought us this Bill. He deserves great credit for it, alongside the Home Secretary. But will he go further? Will he fulfil the pledge to actually turn back the boats in the channel that he has just described, using the Royal Navy, if possible? Will he process claims offshore, as has also been pledged? Will he do something to frustrate those lawyers who game the system by claiming all kinds of international obligations taking precedence over our sovereign law and our sovereign Parliament?
I thank my right hon. Friend for his very timely intervention and I agree with what he says. This Bill contains provisions such that people arriving by small boat and other illegal means will be liable to prosecution and a four-year jail term, and people smugglers will face a life sentence. This Bill also gives Border Force the powers it needs to make interceptions at sea. Let me be clear: nothing in this Bill would have made the Kindertransport from the 1930s illegal. That was an authorised and organised programme that would be perfectly legal. Indeed it is rather analogous to the safe and legal route we are at this very moment offering locally engaged staff from Afghanistan. Let me also reassure the House, and in particular my hon. Friend the Member for Folkestone and Hythe (Damian Collins), that there is no intention in this Bill to criminalise bona fide, genuine rescue operations by the RNLI.
Let me also be clear that nothing in this Bill infringes our international obligations. Opposition Members should study article 31 of the refugee convention, which makes it clear that it is permitted to impose penalties where someone has not come “directly” from a place of danger and where they did not have a reasonable opportunity to claim asylum somewhere else.[Official Report, 22 July 2021, Vol. 699, c. 10MC.] The people coming from France are not coming directly from a place of danger, as required by article 31, and they did have a reasonable chance to claim asylum in France. These measures are wholly consistent with our international obligations.
I must finish soon. I apologise.
My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) asked about the legal system, which also needs reform as it is open to abuse. People make repeated human rights claims to asylum and modern slavery claims, which are often strung out over many years in an effort to avoid removal. Very often those claims are later found to be without merit. For example, in 2017, 83% of the last-minute claims that were raised in detention to frustrate removal were later found to be without merit. I have seen terrible examples of murderers and rapists making last-minute claims, without merit, to avoid deportation. It is not just me saying that. Let me quote what the Lord Chief Justice, Lord Burnett of Maldon, said in a judgment last October:
“Late claims raised shortly before…removal have been endemic, many fanciful or entirely false…It is a matter of regret that a minority of lawyers have lent their professional…support to vexatious representations and abusive late legal challenges.”
In those remarks, the Lord Chief Justice of England and Wales is saying that change is needed.
The Bill also contains measures on age assessment. We are the only European country not to use scientific age assessment. Recent evaluations in Kent concerning 92 people claiming to be children later found that half were not. There are obvious and serious safeguarding issues if men who are 23 years old, for example, successfully pretend to be under 18 and get housed or educated with 16-year-old girls. We cannot tolerate that.
The Minister has referred to Glasgow’s dispersal area, but there are also individuals who have come over on false passports because that is what they were given to flee their country of origin. They are children, but their passport says they are adults. What assistance will the Home Office give those individuals?
Where somebody claims to be, or says they are, under 18, if there is any doubt, there is already a system—and in future there will be a better and more rigorous system—for properly assessing someone’s actual age. There are risks in both directions. If we wrongly assess someone to be over 18 there is a risk, but equally there are risks in the other direction, and it is time those risks were recognised.
On modern slavery, I pay tribute to the work done by my right hon. Friends the Members for Maidenhead (Mrs May) and for Chingford and Woodford Green (Sir Iain Duncan Smith). The Bill will ensure that we identify genuine victims of modern slavery and avoid unmeritorious claims that are designed to delay removal or deportation. Where someone is a genuine victim, we will ensure that they are properly looked after. This policy will make it clear for the first time in legislation that confirmed victims with recovery needs stemming from their exploitation will be entitled to a grant of leave, where that is necessary to assist them in their recovery, or to assist a prosecution. We hope that by encouraging people to bring their claims upfront in one go, asylum claims and matters involving modern slavery and human rights will be identified early and properly, and that we avoid some of the abuses that we have unfortunately seen all too often.
Some Members raised questions about detention, claiming that it was indefinite. That is not the case. We do not have indefinite detention, and 75% of people spend less than a month in detention prior to removal. The Hardial Singh case law principles mean that someone cannot be detained if there is no reasonable prospect of removal. There are frequent opportunities to apply for immigration bail, in addition to the protections afforded by article 5 of the ECHR. On the Dubs amendment that we have seen in the past, we prefer to prioritise, not people who are in safe European countries, but those who are in dangerous places.
The public expect us to look after those in genuine need. We will do so, but the public also expect us to protect our borders from illegal immigration and to promptly remove those with no right to be here. The Bill delivers those objectives. When the Labour party votes against it in a few minutes, it is voting against border control, and against removing dangerous foreign criminals who pose a threat to our constituents. The Labour party may not be prepared to protect our borders, but the Government are. I commend the Bill to the House.
I am anticipating two votes. Even though we have relaxed the regulations, I still urge Members to show due caution in giving safe distancing to their colleagues.
Question put, That the amendment be made.
(3 years, 4 months ago)
Commons ChamberI suggest that the hon. Gentleman reads clause 48 of the Bill, because he will discover in it a higher bar for people receiving support as victims of human trafficking. That is despite the fact that recent reports show that four out of five rejected trafficking claims are overturned on appeal. These reforms risk leaving greater numbers of victims without support and more gangmasters free to commit further crimes. Human trafficking and modern slavery are vile crimes and those responsible should face the harshest penalty. Yes, there should be a full-term life sentence for those convicted for human trafficking and increased sentences for perpetrators of modern slavery, but such measures will not be effective if we withdraw support from victims.
I come to the issue of safe routes for claiming asylum and helping unaccompanied children. Following the outbreak of the Syrian civil war and the resulting refugee crisis, the Government agreed to Lord Alf Dubs’ amendment to accept unaccompanied children to the UK. The initial pledge was understood to have committed to provide support to around 3,000 unaccompanied children, but the scheme closed with the number having been capped at 480. It was wrong to close the Dubs scheme after helping just a fraction of the number of children promised help. It has meant that under this Government the UK has looked the other way when unaccompanied children have faced dire consequences, including when the Moria refugee camp was ablaze last summer.
Worse still, clause 9 introduces a new requirement for the registration of a stateless child aged five to 17 as a British citizen or a British overseas territories citizen, and maintains existing requirements in relation to those aged 18 to 22. No wonder there is concern about leaving children stateless, which would run contrary to the UK’s obligations under the 1961 UN convention on the reduction of statelessness.
The shadow Home Secretary talks about the Dubs amendment and those 480 children. I remind the House that those children were already in safe European countries, and I remind the shadow Home Secretary that the United Kingdom currently has more unaccompanied asylum-seeking children—more than 5,000—than any other country in Europe, including Greece and Italy. Finally, on the point about providing protection to those in need in war zones, the resettlement schemes that have operated here since 2015 have seen in excess of 25,000 people being directly resettled not from Europe, which is safe, but from war zones such as Syria. That is more than any other country in Europe. This Government’s record is a proud one and we stand by it.
Well, we will see how proud their record is in a moment when we go through it. Let me just say to the shadow Minister for Immigration Compliance—
I certainly stand corrected on that. The point is that there were local authorities that were willing to step up and help beyond that 480 and it was this Government’s absolute failure—[Interruption.] Including my local authority, yes, and I am very proud—
Absolute utter nonsense. I have visited the Syrian refugees in Torfaen, so I hope the Minister will take that comment back because it is utter nonsense.
The Government often talk about the Syrian vulnerable persons resettlement scheme—I just heard it from the Minister—and I of course pay tribute to local government, including my own local authority of Torfaen, for stepping up to help to deliver safe havens for those fleeing persecution. Those who have come to the country under that scheme have added to the diversity and richness of our communities. The Government have gone quiet on a 2019 commitment to resettle 5,000 further refugees at the conclusion of the Syrian vulnerable persons resettlement scheme, and they still refuse to make proper commitments on the future of the scheme. Existing safe routes are very limited. The Minister stood up a moment ago to speak about statistics; well, in March 2021 the new UK resettlement scheme began, and in its first month it resettled a grand total of 25 refugees. The lack of safe and legal routes will lead people to continue to attempt dangerous routes to the UK.
I am afraid that I regard this as a dreadful Bill, and the Refugee Council was absolutely right to characterise it as the “anti-refugee” Bill. There are eight welcome clauses on nationality, but thereafter what we see risks trampling international convention after international convention, and vulnerable children, stateless children and victims of trafficking will all pay a penalty. Nowhere is the retreat from international law, international co-operation and basic human decency more apparent than in the absolute trashing of the refugee convention as it approaches its 70th birthday. A convention that has saved and protected countless millions of people is being undermined by one of its first champion countries.
Refugees and asylum seekers—we have skirted over this so far—will be criminalised, stripped of their rights and offshored. That is true whether they are Uyghurs fleeing atrocities in China, Syrians fleeing war crimes or persecuted Christians seeking refuge here. The Bill does absolutely nothing to stop them getting in boats in France; what it does is punish them when they get here. That is morally reprehensible.
It is not just the Bill’s awful ends that justifies the Scottish National party refusing it a Second Reading and stopping it in its tracks but the means by which it seeks to pursue those ends. We are talking about a unilateral rewriting or reinterpretation of our obligations under international law. That is, once more, a hugely dangerous precedent to set. It will make our international partners query whether this country gives two hoots about international law and keeping its word.
Secondly, to put it directly, what we have here is a deliberate policy decision to inflict harm on people seeking sanctuary by criminalising them, splitting them from their family, forcing them into destitution, putting them in legal limbo and offshoring them. That is not just ineffective and dangerous, but morally outrageous.
Not only is the Bill the opposite of the right solution, but it wrongly identifies the problem that needs solving. The problem in the asylum system is simply down to the incompetent management of it by this Home Office and this Government. We live in a world in which 80 million people have been forcibly displaced, and 30 million of them are outside their country of origin and are therefore refugees. Four million of them are asylum seekers pursuing recognition as refugees. Some 86% of them are hosted in developing countries, 73% in neighbouring countries.
What we are asking of wealthy western countries barely scratches the surface of their share of responsibility. In European terms, what has been asked of the UK is very little at all. I applaud and support everything that has been achieved through the Syrian vulnerable persons resettlement scheme and other resettlement programmes, but none of it justifies what the Government propose today.
The Government regularly trot out that they have resettled more Syrian refugees than other European countries. In absolute terms that is true but, per head of population, neighbours such as Norway, Sweden, the Netherlands, Switzerland, Finland and Ireland have all resettled more. Yes, although the UK resettled a few thousand more Syrians than Germany and France, those two countries have offered sanctuary to more Syrians through their asylum systems by massive margins.
In 2019, the UK received around five applications for asylum per 10,000 people, compared with the European average of 14, putting the UK 17th in the table of member states, just behind Italy, Finland and Ireland. Similarly, the UK granted roughly two applications per 10,000 people, compared with the European average of 13, putting it 16th in the table. Yes, although by international standards the UK has a decent history of offering protection, let us not pretend that it has been bearing an unbearable burden that entitles it to rip up the refugee convention and start trying to pass refugees back up the chain to those that already do much more.
The real problem, as we have heard, is that the Home Office’s handling of asylum cases is abysmal. We have heard the extraordinary figures on how long it is taking, and it is not just the length of time it takes to make a decision but the number of decisions that it gets wrong. We are at record levels of successful appeals—it is almost 50:50.
It is not just statistics that cause grave concern but the regular stories of life inside the Home Office: impossible targets, a culture of fear, ill-treatment of staff, high staff turnover, a shortage of skilled asylum caseworkers and administrative chaos. Asylum decision making is a matter of life and death, and it seems clear to me that it should no longer be entrusted to the Home Office, a Department that has again shown itself to be unfit for that purpose. Such decisions should be removed from political interference and entrusted to an independent body, as they are in Canada. That would be a sensible approach.
Absolutely, as there is in Canada.
Members from all parties in this House, sitting on the Front Benches and the Back Benches, regularly speak up for some of the most oppressed people on the planet. We have seen brave interventions on Uyghurs fleeing atrocities in China. The plight of Syrians fleeing a decade-long conflict has been championed, and Christians around the world, including Christian converts, have numerous ambassadors in this Chamber, but we have hardly come to terms with what this Bill means for them.
This Bill prompts a question: why speak up against persecution abroad only to say, when they come knocking at our door seeking shelter, “You are not our responsibility. Go somewhere else”? France seems to be the popular answer among Conservative Members. What if France and the rest of Europe say the same thing? We would end up with the system of international protection of refugees breaking down, as the UNHCR points out.
If the Bill passes, that is exactly what it means. Prior to the Bill, we would have sheltered people fleeing persecution. The Bill expressly seeks to discourage them from coming here by making life miserable for those who do. Today, if a Uyghur, Syrian or persecuted Christian convert arrives in the UK to seek asylum, life will be far from plain sailing, precisely because of the outrageous waiting times, the dreadful asylum accommodation, the prohibition on work and the dreadful levels of financial support. They get here and, thanks to our amazing non-governmental organisations and charities, they slowly start to rebuild their lives.
But next year, if this Bill passes, for many of those Uyghurs, Syrians or persecuted Christian converts claiming asylum here, things will be infinitely bleaker, and that will be a deliberate policy choice of this Parliament. Arriving next year, the Uyghur, Syrian or persecuted Christian will be much more likely to be criminalised, regardless of arguments about whether they had come here directly or not.
Section 24 of the Immigration Act 1971 already punishes illegal entry by those without leave to enter. Sensibly, however, those who claim asylum on arrival are granted immigration bail, which does not count officially as entry. Clause 37 of the Bill changes all that. It would essentially criminalise the very act of arriving to claim asylum, because, as the explanatory notes acknowledge, the majority of asylum seekers will not have the ability to secure entry clearance. Despite the Home Secretary’s protestations last week, as the right hon. Member for Maidenhead (Mrs May) said, this criminal offence will apply to Uyghurs, Syrians, persecuted Christian converts and anybody else, and the penalty is up to four years in prison.
The next problem for the Uyghur, Syrian or persecuted Christian convert is that although they are absolutely obviously in need of international protection, this Government, in their wisdom, are not even going to consider their claim for protection for six months. The Government are trying to pretend that that is some sort of replication of the Dublin regulations that the UK was party to prior to Brexit, but of course it is not, because, as we have heard, there are no returns agreements with any remotely relevant country and little indication at this stage that there will be any time soon. Any such returns agreement would have to be carefully circumscribed so as to be consistent with the convention and to have carefully considered the circumstances of the individual, including any ties to the UK, such as family members here.
By contrast, the powers in the Bill will allow the Home Secretary to remove a Uyghur, persecuted Christian or Syrian to any country at all, even if there is no connection, and with very little by way of restriction. Today, the Uyghur, Syrian or persecuted Christian faces outrageous delays in asylum protection systems, and the Bill simply adds another six months.
Where will the Uyghur, Syrian or persecuted Christian be during that time—during that limbo—while the Home Office goes through the futile motions of seeking to remove them? Just now, for those who seek asylum we have a struggling, privatised, over-concentrated system of dispersed asylum accommodation. Numerous Committees have told the Home Office how it could be improved, only to be ignored. Under this Bill and this plan, that is not where the Home Secretary envisages the Syrian, the Uyghur or the persecuted Christian going. Instead, the grim future for these refugees appears under this Bill and this plan to be the disgraceful, disreputable open prison-like conditions that we have already witnessed at Napier or Penally.
Even worse, as we have heard, they may face being removed to an offshore centre to have their claim resolved. Here is the real asylum shopping: the British Government grubbing around to find a country to palm off their responsibilities on to. Let us think of the outrages and the lack of accountability we have seen in relation to immigration detention and the Napier open prison—the abuses that have been meted out there and the harm done. As we know from the Australian experiment, that will be as nothing compared to the hell that is likely to await at an offshore asylum facility. How on earth have we gone from having a Parliament where there was widespread support for time-limiting and restricting the use of detention, to imposing a form of it that is infinitely worse?
Having endured their limbo period, these three groups of refugees will finally have their case assessed by the Home Office. But instead of working to improve asylum decision making, the Bill seeks to make it harder for them to prove their case. It seeks to alter the long-established test set out in the refugee convention that the standard of proof required is a lower, but far from negligible, standard of real risk. That standard is clearly justified by the possible consequences of getting decisions wrong and the huge challenges of proving circumstances that happened thousands of miles away in a country the person has fled.
The Bill seeks to muddy the waters by applying a higher legal threshold. The claimant now has to prove, on the balance of probabilities, that they do belong to one of the protected convention groups and that they fear persecution based on that characteristic. That not only undermines the cautious approach in the convention, justified by the dangers that exist for asylum seekers, but pays no regard to just how difficult it is to prove events that happened in faraway countries.
In addition, by having two different standards of evidence in the same proceedings, it makes life harder for already struggling caseworkers. The judge or decision maker may be certain that the proselytising Christian convert will face the death penalty or torture on return, but now the “real possibility” that the claimant is such a proselytising Christian convert is not enough. If the judge is only 49% satisfied that the person is a proselytising Christian convert, the claim is going to be rejected, even though the risk of torture or death is absolutely certain if the decision maker has got that assessment wrong. I find that deeply troubling, and it is clearly inconsistent with the refugee convention.
Let us imagine that the persecuted Christian, the Syrian and the Uyghur have survived their limbo period and made it through the asylum system, and the Home Office refusal of their application has been overturned on appeal. Unbelievably, the harms inflicted on them by the Bill have barely started. On the contrary, the repugnant programme of disincentives is ramped up further, even after they navigate that system. Because they have stopped temporarily in a European country, they are to be treated as a second-class refugee. Regardless of what any Minister says, that is absolutely contrary to the refugee convention and, more importantly, it is simply disgraceful. It is not just nasty, but sickening—
My hon. Friend makes a good point. There are all sorts of problems with provisions in the Bill that penalise late disclosure of information, which can very often be the case in modern slavery or LGBT cases, or even religious conversion cases.
Having established that these people are refugees—and the Government have had to recognise that—the system should allow them to rebuild their lives after the trauma of their persecution, their journeys and their asylum claim, but instead this Government still want to turn the screw. Instead of the stability and permanent residence refugees were once provided with, today they are given five years’ leave, with a review that is fairly light-touch, before settlement. But this Bill and the Government’s plan propose endless 30-month cycles of review and ongoing attempts to remove. Nobody can rebuild their lives in those circumstances—and I do not know how on earth the Home Office is going to cope with having to revisit every single asylum case every 30 months.
These refugees will not be entitled to public funds unless they are destitute. So if, say, the Christian convert finds some part-time, low-paid work—a big ask, given the language and cultural barriers, the enforced years out of work, and the trauma—there will be no universal credit to cover housing or income shortfalls, and if he or she was able to bring a child, there will be no support for that child. Their refugee family reunion rights will be diminished, according to the plan, meaning that they cannot be joined by a spouse or perhaps a child. The detail is not in the Bill, but that is what the plan suggests and the Bill enables.
That inevitably gives the Christian convert a choice: does the family stay apart or do other family members—often the women and children that the Home Secretary professes to be protecting—then have to follow and make their own dangerous journeys? Without the family, without state support and without stability, the Uyghur, the Syrian and the persecuted Christian convert have no hope of rebuilding their lives. That amounts not to a place of sanctuary, but to a place of punishment—and the Home Office has the audacity to claim that it is in their best interests. This is, in short, an outrageous way to treat refugees, and it is why the Bill is rightly being called the anti-refugee Bill.
There is so much that could be said about the undermining of efforts to support trafficking victims, the total absence from the Bill of protection for children, and the undermining of rights of stateless children. We need to know what the placeholder clauses will give rise to. We do not even have the chance to debate them here on Second Reading, and there are six or seven of them. The whole of the dentistry profession is up in arms at the suggestion that the discredited and unethical dental X-rays system could return as an inaccurate method of assessing age.
Well, the dentistry profession and the United Nations High Commissioner for Refugees say that it is not accurate and it is entirely unethical.
The Home Secretary is also making it harder to identify victims of modern slavery and cutting their recovery period to the minimum allowed in international law.
There is so much that should be in the Bill that is not. I mention just one thing: the failure to end the disgracefully painful 10-year route to settlement that many essentially British kids face and the outrageous fees that others are charged for registering their entitlement to British citizenship. When will that finally be done? This is an abysmal and, indeed, shameful Bill. It does not remotely deserve a Second Reading.
I am grateful to be able to follow the right hon. Member for Romsey and Southampton North (Caroline Nokes), who has worked hard on this issue.
There should be widespread agreement that the UK should do its bit to support those fleeing persecution and torture, that the system should be fair and not be undermined, that there should be a crackdown on the criminal gangs who exploit people’s misery and desperation, and that we should prevent the dangerous journeys across the channel in unsafe boats in which lives are put at risk. That includes encouraging asylum much earlier. In this House, we have debated many different ways to tackle those problems in a calm and common-sense way that avoids stoking division or promoting hostility against those who are most vulnerable, because we know where that leads. However, that is one of the things that troubles me about the debate and the approach Ministers are taking.
I also think that the Bill is counterproductive. It is likely to attract more people into the UK asylum system and drive more people into the arms of criminal gangs. The caseload, the backlog, is not a reflection of an increase in applications. In fact, those have stayed at about 30,000 a year—with a drop recently, during the pandemic—but the number of initial decisions made dropped 27% between 2015 and before the pandemic.
The Bill will make that worse, because there is no serious return agreement to replace the Dublin agreement for people who have travelled through a third country. Under the provisions of the Bill, asylum seekers who have travelled through third countries will have to wait in the system for six months. Those whose claims are unfounded will not be assessed or be returned, and those whose claims are justified and who need support will not be able to get on with their lives, to start working and rebuilding their lives here. Moreover, instead they will be waiting, dependent on the support of the Home Office, dependent on making the system more costly for the taxpayer.
Rightly, the Government say that we should prevent dangerous routes, but the Government have cut the alternative safe legal routes. The resettlement scheme has been halted, with no commitment for how many people will be supported.
I will give way to the Minister if he wants to tell me how many places will be included in the resettlement scheme when it restarts.
It never stopped. When we met the 20,000 commitment in February this year, the UK resettlement scheme continued. Obviously making a precise numerical commitment is difficult, given the coronavirus circumstances, but it has never stopped; it continues to this day.
Everybody understands the pressures of the coronavirus crisis, but what we need is a commitment to the number of places. The UK has been resettling approximately 5,000 a year over the past few years as a result of cross-party consensus to support Syrian refugees, but we have not yet heard a commitment. Will it be 5,000? Will it be 10,000? What will the support be from the Government to ensure that the resettlement scheme continues?
The Dubs scheme has been cancelled, even though we know the need for support for those who are most vulnerable, and the Dublin family reunion system has not been replaced. Safe Passage, which works with young people in need of family reunion, said that last year, under the Dublin scheme, all the young people it worked with on family reunion went through the legal system; they did not try to go with people traffickers or people smugglers through a dangerous route. This year, however, under the new system, a quarter of the children and young people it has worked with had given up in frustration, sought to try illegal routes and ended up in the hands of people smugglers or people traffickers as a result. Those are the dangers that we face: if there are not safe legal routes for family reunion, we end up with more people driven into the hands of dangerous criminal gangs.
Clause 26, on offshore processing, is perhaps most troubling of all. The Government floated a range of impossible proposals: sending asylum seekers to be processed on Ascension Island or disused oil platforms or, most recently, sending them to Rwanda. Of course those proposals are impossible, but it is deeply troubling that the Minister even thinks that it is okay for them to be floated and for him not to deny them. We heard from Australia about how its offshore processing simply did not work in the end. It stopped doing it in 2014 because there were too many humanitarian and practical problems and it was costing approximately 1 billion Australian dollars a year to accommodate just 350 people.
This is not an answer. It is deeply shameful and undermines our international reputation. We need France, Spain, Italy, Greece and countries across the world to work together, but for that we need to show proper international leadership and not undermine our reputation.
(3 years, 4 months ago)
Commons ChamberI beg to move,
That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2021, which was laid before this House on 12 July, be approved.
This motion would ordinarily have been moved by my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who sadly had to step down from his role as Security Minister a few days ago to assist in his recovery from serious illness. I am sure the whole House will want to join me in sending him our best wishes for a very speedy recovery.
This Government are committed to taking all necessary steps to protect the people of this country. Tackling terrorism, in all its forms, is a crucial part of that mission. This Government’s concerns regarding extreme right-wing terrorism are well documented.
I reassure the Minister and the Government that my party fully supports the motion, but does he not agree that we must send an appropriate message that those on the extremes, whether on the left or the so-called right, must understand that the huge majority of this UK abhor what they do and will not tolerate it, and that there will be continual proscription of cells such as the one in today’s motion? We should call them out for what they are: despicable terrorist cells.
The hon. Gentleman is absolutely right. This House, and the whole country, is united in our disgust for terrorism of all kinds. It is right that we call out these organisations, whatever colour they claim to have, and that we are united in our total condemnation of terrorist acts wherever they may occur.
The use of hateful ideologies to prey on young and vulnerable people is abhorrent and we have a responsibility to do everything in our power to crack down. Terrorist groups can now recruit, radicalise and train individuals from a distance, distributing terrorist material at the click of a button. The use of the internet for these purposes has had a huge impact on the threat and on the way we respond to it.
There are 77 terrorist organisations currently proscribed under the Terrorism Act 2000. Four are far-right groups; the majority are Islamist groups. Thanks to the dedication, courage and skill of counter-terrorism police and our security and intelligence services, most of those groups have never carried out a successful attack on UK soil. I pay tribute to our security services for the work that they have done.
Proscription is a powerful tool for degrading terrorist organisations; I will explain shortly the impact that it can have. The group that we propose to add to the list of proscribed terrorist organisations by amending schedule 2 to the 2000 Act is called The Base; it is a predominantly US-based militant white supremacist group whose activities include seeking to train members with weapons and explosives.
The proscription power arises under section 3 of the 2000 Act. Under that section, the Home Secretary has the power to proscribe an organisation if she believes that it is currently concerned in terrorism. Where that statutory test is met, the Home Secretary may then exercise her discretion.
The effect of proscription is to outlaw the listed organisation, ensuring that it cannot operate in the UK. It is designed to degrade a group’s ability to operate by enabling prosecution for various related offences, allowing the removal of online material, underpinning immigration-related measures such as excluding group members from the UK, and making it possible to seize cash associated with the organisation. It is a criminal offence for a person to belong to, support or meet a proscribed organisation, and a criminal offence to wear clothing or articles that may arouse reasonable suspicion that that individual is a member of that group. Penalties include a maximum 14-year prison term and an unlimited fine.
The Home Secretary takes decisions on proscription only after great care and consideration of the evidence. Having considered carefully all the evidence in this case, the Home Secretary, informed by analysis by the joint terrorism analysis centre, believes that The Base is concerned in terrorism and that the discretionary factors support proscription. This abhorrent group, as I have said, is a predominantly US-based white supremacist militant group that seeks to radicalise and train people for potentially violent activities. It almost certainly prepares for terrorism. We believe that the training that it provides is highly likely to be paramilitary in nature and is possibly preparatory for offensive action.
We therefore believe that the statutory test is met and that the group should be proscribed. That will aid the police in their work to disrupt the threat that extreme right-wing terrorist groups pose to our national security, and will build on the robust action that the Government have already taken in the area, proscribing groups such as National Action, the Sonnenkrieg Division, the Feuerkrieg Division and Atomwaffen, which the House proscribed just a few months ago. It sends a strong statement of intent that their ideology is unacceptable and that the UK is a hostile environment for terrorism in all its forms.
Our message is clear: we will always take every possible action to counter the threat from those who hate the values that we cherish and who threaten our safety. The safety and security of the public is our No. 1 priority. I commend the draft order to the House.
I thank the Members who have contributed to this evening’s debate. There is clear unanimity throughout the House on the importance of taking action against terrorist threats where they arise, regardless of the ideology that sits behind them. I assure the House that the process for seeking, identifying and reviewing organisations that might be subject to proscription proceedings is ongoing at all times, properly resourced and occurs on a regular and frequent basis. There is eternal vigilance among the counter-terrorism officers associated with the Home Office and the security services more widely. We take the threat of terrorism extremely seriously, as Members would imagine, which is why this is the second time in just a few months that I have come to this Dispatch Box to proscribe another organisation.
If the Minister cannot address the issue of the Order of Nine Angles in the Chamber this evening, will he agree to meet me to discuss it further?
As the hon. Lady said in her speech a few minutes ago, we do not comment on specific organisations for obvious reasons of operational security. In the absence of the Minister for Security, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who has very sadly had to stand down owing to ill health, ministerial responsibility sits for the time being with Baroness Williams of Trafford, to whom I shall pass on the hon. Lady’s request.
In conclusion, let me repeat how seriously this Government take action against terrorist organisations, regardless of their ideological motivation. We will leave no stone unturned nor any path untrodden in our ceaseless battle to keep our fellow citizens safe.
Question put and agreed to.
I now suspend the House for just one minute in order that preparations can be made for the next item of business.
(3 years, 4 months ago)
Commons ChamberPeople smuggling is a despicable crime, often leading to tragic deaths such as the 39 we saw in Purfleet. The Government are determined to crack down on organised immigration crime, which is why we last week we introduced a new Nationality and Borders Bill, which will receive its Second Reading next week. It is also why in 2020 the National Crime Agency and immigration enforcement were involved in 750 arrests in relation to organised immigration crime.
Following the ridiculous decision by the Crown Prosecution Service not to prosecute illegal migrants on the grounds that they have
“no choice in how they travel”,
as if they do not voluntarily pay a people smuggler €10,000 or voluntarily get in a dinghy, or the even more absurd reason that we can rely on “administrative removal channels” when corrupt human rights lawyers string such claims out for years and nobody is ever deported, where does that leave the absolutely good Bill of my right hon. Friend the Home Secretary? She wants to arrest these people in the channel. Does this decision make it even more urgent that we bring in safe havens for these people in a third country?
My right hon. Friend is quite right to point out that countries such as France and Germany are obviously safe and that someone genuinely in need of protection or asylum can claim asylum quite properly and easily in such countries rather than attempting dangerous and unnecessary crossings over the English channel. Notwithstanding the CPS’s recent announcement, we can, do and will prosecute people who organise and pilot dangerous boat crossings across the English channel for gain or with the intention of avoiding immigration controls. The Bill, which will receive its Second Reading next week, critically contains provisions that will close some of the loopholes that may have led to the CPS’s recent decision and will make it clear that any attempt to arrive in the United Kingdom from a safe place, such as France, will be rightly treated as a criminal offence.
Each year, about 5,000 or so family members benefit from refugee family reunion rights, 90% of whom are women and children. Depriving refugees of family reunion rights would drive many of those women and children straight into the arms of despicable people smugglers through desperation to be reunited with their loved ones. Why on earth will the Government provide exactly that massive bonus to people smugglers through their nasty anti-refugee Bill?
The hon. Gentleman is misinformed and misguided on this point. There is no plan to weaken or undermine the refugee family reunion provisions that have been used by 29,000 people in the last six years. In addition, in the last five or six years we have been operating Europe’s largest resettlement programme, which has seen an additional 25,000 people come to the UK directly from places from danger. Because we have these effective and well-used safe and legal routes, it is reasonable—indeed, it is our responsibility—to clamp down on the people smugglers who are exploiting migrants and charging them money to make an unnecessary and dangerous journey, often across the English channel from France, which is patently a safe country. No one needs to leave France to claim asylum. It could be quite easily and properly claimed in France.