Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2020

Chris Philp Excerpts

Thursday 8th October 2020 General Committees

[The Chair]

Before I call the Minister to move the motion, I remind Members about social distancing. Spaces available to Members are clearly marked. Hansard colleagues will be grateful if you send any speaking notes to [e-mail].

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

I beg to move,

That the Committee has considered the Criminal Procedure and Investigations Act 1996 (Code of Practice) Order 2020.

It is a pleasure to serve under your chairmanship for the first time, I think, Ms Rees. I am sure it is the first of many such occasions.

The purpose of the order is to bring into force a revised code of practice under the Criminal Procedure and Investigations Act 1996. The revised code replaces the current one, which was introduced in 2015.

Material that is obtained in the course of a criminal investigation may include material that tends to undermine the prosecution case or, indeed, to support the case for the accused. Disclosing such material to the defence is crucial to ensuring a fair trial and to avoiding miscarriages of justice. Unfortunately, disclosure does not always take place promptly and can result in trials collapsing. That happened in several high-profile cases in 2017, shaking the public’s confidence in the administration of justice. Had information been disclosed sooner, those trials would never have proceeded in the first place.

A review of the efficiency and effectiveness of disclosure had already been announced by the then Attorney General; its findings were published in November 2018. The review highlighted substantial concerns about the culture around disclosure, the engagement between relevant parties, and technology. It made a series of practical recommendations, many of which aligned with the inquiry of the Select Committee on Justice that reported in July 2018. All indicated a need for a shift in culture.

Giving effect to the recommendations involved revising both the code of practice and the Attorney General’s disclosure guidelines, which have also been updated. The code sets out the manner in which police officers are to record, retain and reveal to the prosecutor material obtained in a criminal investigation. The Attorney General’s guidelines are a more detailed document aimed at prosecutors, investigators and defence practitioners, and are designed to embed nationally consistent best practice. The ethos of the guidelines is, in essence, to say that the disclosure process should be ongoing, involve a thinking approach and be treated as integral to the investigation, rather than simply as an add-on.

To help the new approach, we are putting in place the revised code of practice. I thank those people across the criminal justice system who assisted in the process, in particular the police and the Crown Prosecution Service. They have been working closely with Government officials and others to ensure that the code of practice is fit for purpose.

One of the most significant changes for those on the operational frontline is the introduction of a rebuttable presumption that certain key bits of evidence will be disclosed unless there is an extremely good reason not to. Articles 5.4 and 6.6 of the code lay out what those pieces of significant evidence are likely to be. The change is not intended to encourage automatic disclosure, but it will require investigators to retain the information and to disclose it to the defence as a matter of routine.

The most important changes to the code of practice are associated with that recommendation, although the opportunity has also been taken to make other amendments designed to improve clarity. The streamlined disclosure certificate, which forms an annex to the existing code of practice, has been omitted from the new code. The successor form is being revised under the Criminal Procedure Rule Committee, and the Lord Chief Justice will be invited to authorise its issue shortly.

In accordance with the process set out in the Criminal Procedure and Investigations Act 1996, the revised code of practice was published in draft for consultation in February of this year, together with the revised Attorney General guidelines. The deadline for responses was extended by three months to take covid into account. We then published the revised code in, I think, early September.

This order will bring the revised code of practice into force on 31 December this year or, in case both the necessary affirmative resolutions are not forthcoming by then, the day after the second resolution is passed. The reason for the relatively long delay before commencement is that some police forces requested a bit more time to ensure that their systems were ready to cope with the changes.

I hope that I have provided a concise summary of the order, and I commend it to the Committee.

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[The Chair]

Would the Minister like to respond in any way?

[Chris Philp]

No, that was a very thoughtful speech.

Question put and agreed to.

Prisoners (Disclosure of Information About Victims) Bill

Chris Philp Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 6th October 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

I beg to move, That this House disagrees with Lords amendment 1.

This Bill—Helen’s law, as we have come to know it—amends the release provisions that apply to offenders who do not disclose information relating to cases of murder, manslaughter, or taking or making indecent images of children. As Members are aware, it places existing Parole Board guidance on a statutory footing to ensure that parole board members must consider, when making release assessments, any non-disclosure of information relating to a victim’s remains if they were murdered, or the identity of the victims of child sexual abuse.

I once again pay tribute to the tremendous work done by the hon. Member for St Helens North (Conor McGinn) in campaigning for this Bill. He was inspired by his constituent Marie McCourt, whose daughter, Helen, was tragically murdered. I also pay tribute to the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard), many of whose constituents were abused by Vanessa George. Without their tireless work, this Bill would not be progressing through Parliament. I extend to them, once again, my congratulations and thanks.

The Government agree entirely with the spirit and intent behind Baroness Kennedy’s amendment but have some issues with its practicality. Essentially, what it seeks to achieve is already achieved by other means. The first part of Baroness Kennedy’s amendment requires the Parole Board to take responsibility for contacting the victim, but there is of course already a victim contact service as part of the National Probation Service, which has responsibility for precisely that. We think it would create duplication and possibly confusion if two different bodies had the same responsibility for contacting victims.

Their lordships expressed some concern about the effectiveness of the current operation of the victim contact service. In particular, their amendment calls for communications with victims and their families to be done on an opt-out basis so that the family gets contacted automatically, and the contact desists only if the family or victim says, “No, we don’t want to hear anything further.” A pilot of doing exactly that has been running across many parts of the country, although—in response to an inquiry from the hon. Member for Plymouth, Sutton and Devonport—not currently in Devon and Cornwall.

I am pleased to tell the House that, subsequent to the House of Lords’ consideration of this matter, a decision has been taken to roll out that programme nationally as part of the new victims code, which we expect will come into operation in early 2021. We intend to lay before Parliament a negative statutory instrument before long to give effect to that. That is precisely what the other place called for in its amendment. Subsequent to their lordships’ debate, it has been decided to progress and do that, so that part of the amendment is being done already. Their lordships might take some credit for prompting us, but it was something that we had been trialling previously, and we intended to do that. I hope that assurance that it will be done gives Members on both sides of the House a great deal of reassurance, happiness and contentment.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

My hon. Friend will know that when the Justice Committee looked at these issues after a great deal of publicity and some court cases, our inquiry shared many of the concerns of the other House about the effectiveness of the victim contact scheme. Can he assure us that appropriate organisational changes, and additional resources where necessary, have been put in to ensure that the scheme can discharge these important duties adequately?

[Chris Philp]

I thank the Chairman of the Justice Committee for the work that he and his Committee have done in this area, which has been very thorough and useful. I think we do accept the point that he has made, as have the hon. Member for Plymouth, Sutton and Devonport and others, that the victim contact scheme can be improved.

I have had discussions with the Minister of State, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), who has responsibility for prisons and probation. She has asked me to pass on to the House her undertaking to meet and speak to the Victims’ Commissioner about improving the victim contact scheme. We will also be happy, either in the same meeting or a separate one, to Labour Front Benchers, including the hon. Member for Hove (Peter Kyle) and, if he wishes, the right hon. Member for Tottenham (Mr Lammy), as well as the hon. Members for Plymouth, Sutton and Devonport and for St Helens North and their constituents if they wish to join the meeting, to discuss any concerns they may have and any ideas they may have for further improvements to the victim contact scheme. I am happy to put that commitment by the Minister of State on the record this afternoon.

This Bill has progressed thus far with cross-party support. It has been worked on very constructively by those on the Government Front Bench and the Opposition Front Bench, as well as by those on the Back Benches. Indeed, it would not have got here without their work, as I said earlier. I hope we can continue in that spirit of cross-party unity on this topic.

Given that the victim contact scheme exists already and the opt-out changes will be made shortly, and given our commitment to work with the Victims’ Commissioner and others to further improve the victim contact scheme, I hope the House will join me in respectfully rebuffing—perhaps that is the word, or perhaps gently pushing back—the amendments that their lordships have sent in our direction.

[Peter Kyle (Hove) (Lab)]

May I start by thanking the Minister for his comments and the tone in which he has conducted this debate? It is much appreciated by those of us on the Opposition Benches, I can assure him.

I start by paying tribute to the tireless campaigning of victims’ families, and in particular the campaigning of Marie McCourt and the families of those abused by Vanessa George. They have begged successive Governments to time the release of serious offenders in a way that is more responsive to victim circumstance. Supported by my hon. Friends the Members for St Helens North (Conor McGinn) and for Plymouth, Sutton and Devonport (Luke Pollard), they have changed the law for the better.

Observers of this House from the outside may think it is quite normal for people to bring forward legislation from the Back Benches and get it all the way through both Houses, but it is very unusual. In fact, I think I am right in saying that both the Minister and I have attempted in the past to introduce legislation from the Back Benches. In his case, it was to tackle industrial relations in utility companies and in mine it was to extend the franchise to 16 and 17-year-olds, and both of us met with undignified failure. They have succeeded where we unfortunately failed.

Those families will make a significant difference to the lives of victims’ families for generations to come. They did so knowing that it would not materially impact their own situation. They did it to save others from the torment they have endured, and we are grateful to them.

As the House is aware, the first part of the Bill implements Helen’s law. Motivated by the case of Ian Simms, it forces the Parole Board to consider the non-disclosure of key information during the release decisions of people convicted of murder or manslaughter. The unwillingness of murderers to disclose such details is a source of merciless and unrelenting anguish. That is equally true of the young victims of Vanessa George, who was convicted of sexual assault and making and distributing indecent photographs of children. She was released from prison last year, despite never naming the children she abused. The second part of the Bill guarantees the same protections for victims in such cases.

It is unforgivable that our system has not better reflected the needs of those bereaved by such horrific crimes over previous decades. For far too long, victims and their families have been treated as an afterthought in the criminal justice system. They were described as such by the victims’ commissioner for London, Claire Waxman, in a recent interview. The Bill delivers two new key statutory rights to victims and their families. I hope the Government will continue with this direction of travel apace, because, despite repeated pledges, they have still failed to bring forward the long-promised victims law, which would offer a comprehensive set of rights and protections to the victims who so desperately need them. Such a law is desperately needed now more than ever, given the increasing rate of offences for which no one is ever brought to justice because of the victim and witnesses dropping out due to various different issues. We have pledges aplenty from the Government; we need more action.

There is far more left to do to address the systemic challenges facing victims in the criminal justice system. We on the Opposition Benches will continue to press the Government on this issue and work constructively with them when the opportunity arises, as we have done today. We will campaign unfailingly until comprehensive rights are guaranteed by law for those victims who need them the most. This Bill marks one very positive step forward, and the Opposition proudly support it on its convoluted pathway from the Back Benches to the Front Bench and through both Houses of Parliament. We now look forward to the difference it will make for victims and their families.

Lords amendment 1 was proposed in the other place by Baroness Kennedy of Cradley and seeks to address the asymmetry in offender and victim rights, wherein offenders receive regular communication from the authorities—a luxury that most victims will only ever dream of. This cannot continue, and Baroness Kennedy’s amendment represents an effort to tackle the injustice. However, we are happy to have agreed with the Minister, over the course of recent weeks, commitments regarding the future of the victim contact scheme. As a result, we will not seek to divide the House on the amendment.

I want to thank the Minister and put on the record the open-spirited way in which he has engaged with me and Members from all parties as we have approached today’s debate. First, we accept his argument that the creation of a victim database would replicate the work of the victim contact scheme. Victim liaison officers perform a vital role in keeping victims and their families up to date on the release process. That extends to those affected by the shocking crimes under discussion in respect of the Bill. There is scope to improve the scheme further, and the Government have pledged to review it as part of a broader reform of probation. It is vital that the tragic cases to which the Bill applies are given substantial consideration in any such review.

Secondly, we welcome the Government’s intention to introduce an opt-out system as part of the victim contact scheme. That will help to ensure that families of victims are empowered throughout the criminal justice process, extending support to more of those in need while protecting the right to withdraw from the contact process should that be desired.

Finally, we welcome the commitment to involving the Victims’ Commissioner in any review of the victim contact scheme. In her letter dated 7 August, the commissioner laid out her thoughts on how to make the scheme more responsive to victims’ needs, including by changing it from a transactional service into a package of end-to-end support and considering the benefits of co-location with victims’ services. The Government must work closely with the commissioner to consider the viability of her proposed changes.

I thank the Minister for inviting us on the Opposition Benches to contribute to any future review; it is generous of him and welcomed by us. We look forward to working with him on this issue and finding solutions to the challenges of how we ensure that families can easily update contact details over time. It is important that our political system, and those who work within it, come together when broad agreement can be found. Not only is this how politics can better reflect most people’s experiences in their daily lives, but it is a way that we in this House can demonstrate our respect for the suffering of victims and their families by coming together and putting their needs ahead of any others.

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[Wera Hobhouse (Bath) (LD)]

I shall keep my remarks very short, but I want to say a few things in the cross-party spirit of the Bill. My remarks became even shorter after the Minister contacted me this morning and explained exactly the concessions that the Government are making. I am very grateful for that. I also pay tribute to the campaigners and Members of this House who have ensured that this important change in the law will hopefully come into force very soon, making life a lot better and more bearable for victims’ families, who have gone through traumatic experiences already.

The Liberal Democrats welcome the Bill, which will hopefully bring much needed justice for the families of victims. I sincerely hope that this legislation will mean that far fewer families find themselves in the awful position of not knowing what has happened after a loved one becomes a victim of a heinous crime.

The most important issue, which is at the core of the Bill, is improving communication, disclosure and open decision making. The parole function needs to make sure that the views of victims’ families are an essential part of that function. As we just heard, there are too many examples of a victim’s family finding out the result of a parole hearing only through media reports or online. I do not doubt that everyone in the House wants to ensure that our justice system does better to support victims. Parole Board cases are of great significance to victims’ families. They must have the right to know what is happening and to have their say—a meaningful say.

The issue we are debating, which arises from the Lords amendment—much of that has already been discussed—is effective communication with victims’ families. That is currently done through the probation service. The Lords amendment would require the Parole Board to provide the essential and meaningful communication with victims’ families. I understand that the Government are offering not to amend this essential part of the Bill, but to improve the probation service to a point where justice is done for the families of victims.

The Government do, however, agree with part of the Lords amendment and have already been running a pilot for opt-out systems so that families can have regular updates, and they intend to lay a statutory instrument under the negative resolution procedure at the beginning of the new year, in line with the new victims code. All that is very welcome. We have also heard that the Government are committing to more contact between the Prisons Minister and the Victims’ Commissioner. Again, that is very welcome.

The proof of those concessions, however, will be in their effectiveness, and we will need to see how effective the system is once it is up and running. My main request is for a proper review of whether the new arrangements have the required outcome of giving the families of victims of terrible crimes the justice that they deserve, and minimising the trauma that families go through.

[Chris Philp]

With the leave of the House, let me say a word or two in conclusion. I once again thank the hon. Members for St Helens North (Conor McGinn) and for Plymouth, Sutton and Devonport (Luke Pollard) for their campaigning on this topic, and I thank the Opposition Front Bench and the Liberal Democrat Front Bench for the constructive cross-party spirit in which they have approached it.

This is an example of Parliament working at its best on an issue of profound importance to victims whose lives have been destroyed by either murderers or child abusers who seek to further torment their victims, even after the offence and their trial and conviction, by intentionally and maliciously withholding information about the whereabouts of the body or the identities of the children who have been abused. It is wicked and unacceptable, and this House, in passing this legislation, sends a clear message to those people that their behaviour is abhorrent and unacceptable, and we stand united against it.

Lords amendment 1 disagreed to.

Ordered, That a Committee be appointed to draw up Reasons to be assigned to the Lords for disagreeing to their amendment 1;

That Chris Philp, Tom Pursglove, Neil O’Brien, Julie Marson, Bambos Charalambous and Peter Kyle be members of the Committee;

That Chris Philp be the Chair of the Committee;

That three be the quorum of the Committee.

That the Committee do withdraw immediately.—(Rebecca Harris.)

Committee to withdraw immediately; reasons to be reported and communicated to the Lords.

Online Right to Rent Checks

Chris Philp Excerpts

Tuesday 29th September 2020 Written Statements

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

The Right to Rent Scheme was launched to ensure only those lawfully in the country can access the private rental sector, and to tackle unscrupulous landlords who exploit vulnerable migrants, sometimes in very poor conditions. Right to rent checks are straightforward and apply equally to everyone seeking accommodation in the private rental sector, including British citizens. In April, the Court of Appeal ruling confirmed the Right to Rent Scheme to be lawful. Following this judgment, we committed to work with landlords and letting agents to make it easier for lawful residents to demonstrate their right to rent, and to strengthen the support we provide to landlords when complying with the requirements of the Right to Rent Scheme.



As my right hon. Friend the Home Secretary (Priti Patel) said in this House, we have accepted the important findings in the Windrush Lessons Learned Review, including those in relation to the compliant environment. Urgent and extensive work is taking place across the Home Office, including a full evaluation of the Right to Rent Scheme. In parallel, we are working on improvements to the scheme.



In November, the Home Office will be launching a new online right to rent checking service. This service builds on the successful introduction of the online checking services, for employers conducting right to work checks, holders of a biometric residence permit and those granted status under the EU settlement scheme.



We have worked closely with landlords and letting agents in designing the service, but we need to change right to rent legislation to enable them to rely on the new online service to discharge their legal responsibilities under the scheme.



Today, I have laid before Parliament the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020.



Landlords will be able to undertake a right to rent check in real time for non-EEA citizens with a valid biometric resident permit or card, or an EEA citizen with status granted under the EU settlement scheme. In addition, the order makes sure that landlords will be able to undertake online checks on those whose leave will be granted under the new points-based system.



The online service makes it simpler for landlords to carry out the checks and protects them. It allows checks to be carried out by video call, and landlords will not need to see documents as the right to rent information is provided in real time directly from Home Office systems.



The service works on the basis of the individual first viewing their own Home Office profile. They may then share this information with a landlord if they wish, by providing the landlord with a “share code”, which can be used to access the prospective tenant’s record. This authorisation represents an important safeguard and means landlords will only be able to view an individual’s right to rent information, and no other unrelated personal information.



Landlords will be able to undertake either the online check or the existing document-based check; online checks will, therefore, be a voluntary option while migrants and landlords develop familiarity with the new service and take-up becomes more widespread. EEA citizens will continue to be able to demonstrate their entitlement to rent to landlords by showing a valid passport or national ID card until 30 June 2021.



The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020 also makes a number of other important changes to improve the operation of the scheme for landlords and tenants and to simplify the presentation of the list of prescribed documents.



It amends the document list for non-visa national visitors from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA who enter the UK using an ePassport gate.



The order enables new documents issued to third-country-national family members granted status under the EU settlement scheme to be accepted by landlords and letting agents as evidence of a right to rent.



It also amends the list of documents that are deemed acceptable under the existing manual “right to rent” check to include a short UK birth and adoption certificate as well as the long versions of these documents, making it easier for British citizens who do not hold a passport to demonstrate their right to rent.



Finally, the order amends and updates the existing statutory code of practice to reflect these important changes which will improve the operation of the Right to Rent Scheme. A draft of the revised code of practice has also been laid before Parliament.

[HCWS475]

Oral Answers to Questions

Chris Philp Excerpts

Monday 28th September 2020 Commons Chamber

[Jack Brereton (Stoke-on-Trent South) (Con)]

What steps her Department is taking to stop migrants crossing the English Channel illegally.

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

The Government are committed to ending completely these dangerous crossings facilitated by ruthless criminals. These crossings are also unnecessary because France is a safe country. Our clandestine channel threat commander, newly appointed, is working closely with his French colleagues to stop these embarkations in the first place, and we are also working tirelessly to return people who have made this journey.

[Henry Smith [V]]

I am grateful to my hon. Friend for that answer. Can he say when legislation will be brought forward to update immigration and asylum law, and whether it will contain provisions such as stopping those who enter the United Kingdom illegally subsequently applying to stay in this country?

[Chris Philp]

My hon. Friend is quite right to draw attention to the legal system. It is quite frankly not fit for purpose in this area when it comes to asylum and immigration enforcement matters. We are often frustrated by repeatedly vexatious legal claims, often made at the last minute with the express intention of frustrating the proper application of the law. I can confirm that we are working at pace on legislative options in the way that he describes, and that everything is on the table.

[Shaun Bailey]

My constituents in Wednesbury, Oldbury and Tipton are rightly angry at the images that they are seeing of people arriving on our shores illegally, often in small boats. To solve this crisis in the long term will require co-operation, and, whereas we in this country seem to be gold-plating a lot of the regulations that would enable us to solve this problem, many of our European partners are not. What representations is my hon. Friend making to our European partners to ensure that they actually follow through with the obligations that they have made?

[Chris Philp]

We are working at the moment with other European countries to return people to those European countries where they have previously claimed asylum. Indeed, return flights went last week and are going this week as well. However, my hon. Friend is right to say that leaving the Dublin regulations creates new opportunities. We have already tabled a draft readmissions agreement for consideration by the European Commission, but he can rest assured that once we are out of the transition period on 1 January, this Government will be redoubling their efforts to make sure that people who come here from safe countries, for example, are rapidly returned.

[Mark Eastwood]

I know the Minister is working tirelessly to bring the criminals facilitating the illegal channel crossings to justice and to tackle this exploitative crime. Does he agree that, while we must uphold our obligations to genuine asylum seekers, there can be no justifiable reason for migrants to be crossing the channel, putting themselves and our Border Force at risk when France remains a safe option?

[Chris Philp]

My hon. Friend puts it very well. We are pursuing the ruthless criminals who facilitate this wicked process. Twenty-four of them have been convicted so far this year. He is right to say that, where people are in genuine fear of persecution, we should protect them. Indeed, we do so and our resettlement scheme has been the leading scheme in Europe over the past five years. He is also right to say that, when people are in France, they are already in a safe country and if they want protection they can obtain it by applying to the French Government.

[Robbie Moore]

The channel-crossing route is clearly being promoted by people smugglers as an easy route in. These individuals do not give a damn about the welfare of those whom they exploit or the lives that they put in danger. What steps is my hon. Friend taking to ensure that this route becomes entirely untenable and illustrates loud and clear to organised crime gangs that Britain’s border is closed to such illegal crossings?

[Chris Philp]

My hon. Friend is quite right to say that our objective, and the Home Secretary’s objective, is to make this route completely unviable, so that nobody attempts it in the first place. It is dangerous, it is illegally facilitated and it is unnecessary. We are working with the French to prevent the embarkations happening in the first place. We are looking at tactics that we can deploy at sea to prevent the crossings from happening, and we are looking at what more we can do to return people once they make the crossing. Those measures, taken together, will make this route unviable and end these crossings.

[Jack Brereton]

People across Stoke-on-Trent are extremely concerned about the number of people we are seeing crossing the English channel illegally. Does my hon. Friend agree that asylum should be claimed in the first safe country and that we should deport those here illegally?

[Chris Philp]

My hon. Friend is absolutely right. France is a safe country and, as I said, people who wish to claim protection from persecution when they are in northern France should do so by claiming asylum in France. There is no need at all to attempt this dangerous and illegally facilitated crossing. When people do make the crossing, we are using all the legal means available to us to ensure that they are returned—for example, to countries where they previously claimed asylum under the Dublin regulation—and flights doing that took place last week and will take place this week.

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

What plans she has for refugee resettlement after September 2021.

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

The United Kingdom, over the past five years, has, I am proud to say, run Europe’s leading resettlement scheme; we have resettled more people directly from conflict zones than any other European country. It is currently paused owing to coronavirus, but as soon as we are safely and properly able to resume activity, we will do so.

[Gill Furniss]

The UK’s refugee resettlement schemes have been a lifeline to many thousands of people who have come to the UK after escaping some of the world’s most brutal conflict and regimes. However, the Government have still not allocated any funding for these schemes beyond September 2021. What assurances can the Minister give me that the UK will continue to provide safe sanctuary to those fleeing war and persecution after that date?

[Chris Philp]

The hon. Member will know that we are going through a spending review process, where questions of funding will be considered. Although the resettlement programme is currently paused owing to coronavirus, it is our intention to appropriately recommence it when circumstances allow. I thank her for the tribute that she paid to the scheme that has operated for the past five years. As she said, it is the leading scheme anywhere in Europe.

[Andrew Griffith (Arundel and South Downs) (Con)]

What steps her Department is taking to reduce the level of crime committed in rural areas.

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

If she will relocate a number of unaccompanied refugee children affected by the recent fire at Moria refugee camp on Lesvos from Greece to the UK.

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

As another Croydon MP, I would like to add my words to those of my constituency neighbour, the hon. Member for Croydon Central (Sarah Jones), and pay tribute to Sergeant Ratana and his long track record of service to our local community. Everybody in the borough, from north to south, feels it deeply. Our sympathy and condolences go to his family at what must be an agonising and heartbreaking time.

On the question of resettlement, we are continuing to welcome family reunion cases, as we are obliged to do under the Dublin regulations, including from Greece—in fact, particularly from Greece. Already this summer, three flights have brought in refugees to reunite them with family members in the United Kingdom, so we are continuing to discharge our obligations.

[Stuart C. McDonald [V]]

Conditions on the Aegean islands were an overcrowded living hell for asylum seekers, even before the fire at Moria left 13,000 homeless. Given what the Home Secretary said to my hon. and learned Friend the Member for Edinburgh South West (Joanna Cherry) about the importance of safe legal routes, surely the Government must now join Germany and France in offering to relocate some of the most vulnerable asylum seekers from the Aegean islands, even beyond those for whom they have responsibility under family reunion rules.

[Chris Philp]

We are investigating ways that the United Kingdom Government can help our colleagues in Greece. That includes the possibility of using overseas aid money to assist them, as well as looking at people who are entitled to be relocated to the UK under the Dublin regulations, and at what we can do to assist and expedite that process.

[Stella Creasy [V]]

I have some numbers to put this issue in context. Some 13,000 refugees are without any shelter as a result of the recent fires in Greece, 3,800 of whom are children. There are 21 confirmed cases of covid in the camp, which has a quarantine capacity of just 30. Ten countries, including France, Germany, Croatia and Portugal, have already agreed to take some of the hundreds of unaccompanied young minors in the camp. At present, we have taken just 16, but this place promised to take 3,000 under the Dubs scheme. Will the Minister give me and others who are concerned about this issue just one meeting to discuss what more we can do on our obligations to those vulnerable young children?

[Chris Philp]

We have fulfilled our Dubs obligation in full: 380 unaccompanied asylum-seeking children have been brought to the UK from European countries, in addition to 3,500 who came here last year. That is higher than any other country in Europe. In addition to that, we are honouring our Dublin obligations to Greece. It is not 16; well over 100 people have been taken from Greece directly back here. Where we have further obligations, we will do everything we can to make sure we meet them. In addition to that, as I said in response to an earlier question, the Foreign, Commonwealth and Development Office is looking at ways that we can help to provide the kind of shelter that the hon. Lady referred to. There is a lot that the Government have done and will continue to do. If she would like to meet me to discuss that, I would be delighted to do so.

[Holly Lynch (Halifax) (Lab)]

I understand that on 15 September partner agencies were notified that the Home Office was lifting a ban on asylum evictions with immediate effect. I appreciate that the pause in the system cannot continue indefinitely. However, to evict people into destitution and homelessness as we enter a second wave of infections completely undermines public health efforts to keep everyone safe from the virus, especially in areas like mine that have local restrictions in place. Can the Minister share with us the plan to ensure that these risks do not become a reality?

[Chris Philp]

As the shadow Minister says, on 27 March we paused cessations whereby people leave asylum accommodation when their decision is made positively or negatively. On 11 August, we resumed those for positive cases where they have been granted asylum, in a very phased, very careful, week-by-week, step-by-step way, moving them, where necessary, into local authority and other kinds of accommodation. We are now just beginning the process for the negative cases where asylum has not been granted, because clearly we cannot accommodate people at public expense indefinitely when their asylum claim has been rejected. We are doing this in a very careful, phased, week-by-week way to make sure that the sorts of risks that she describes do not come to pass. Where there are safe routes home to the country of origin for people whose claims have been rejected, we are working to make sure that those safe routes home are taken.

[Dr Ben Spencer (Runnymede and Weybridge) (Con)]

What steps her Department is taking to maintain public order during the covid-19 outbreak.

--- Later in debate ---

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

What her policy is on the provision of asylum accommodation during the covid-19 pandemic.

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

As I have mentioned, during the coronavirus pandemic we have been allowing people to remain in their asylum accommodation even after their asylum decision has been made, positively or negatively. We started cessations in August for positive cases, and more recently in England for negative ones. As a result, the number of people we have been supporting has gone up hugely, from about 48,000 to about 60,000 across the UK. That has put enormous strain on the system, but we have been working night and day to accommodate that strain.

[Martyn Day [V]]

As covid’s second wave hits, the Minister must recognise that evicting asylum seekers into destitution will be a disaster for both asylum seekers and the communities into which they are evicted. Will she reverse these utterly reckless plans and confirm whether public health directors and bodies were consulted about this specific decision, and what they advised?

[Chris Philp]

I am a he, not a she. We will not reverse the decision, because we need to make sure that when their asylum decisions have been made, people are moved on into the community. We cannot accommodate people indefinitely. As I said in answer to the hon. Gentleman’s first question, the number of people we are accommodating has gone up from 48,000 to 60,000 as a result of stopping move-ons over the summer period. The system is under huge strain, and it is not reasonable to ask the taxpayer to accommodate people on an indefinite basis. We are doing this in a very careful and measured way. We are not doing it all in one go; we are doing it week by week, very slowly and carefully, and at all times in consultation with public health bodies.

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

I wonder whether the Minister could make me two promises today: first, to publish in Parliament the report of his evaluation of asylum accommodation and support in Glasgow, including the use of hotels and the tragic deaths that have occurred; and, secondly, to provide a copy of that report to the Lord Advocate, who is considering whether to initiate a fatal accident inquiry into the tragic deaths of asylum seekers in Glasgow during the lockdown?

[Chris Philp]

As the hon. and learned Lady says, formal investigations are going on, and of course the Home Office will support them in any way that we are asked. In relation to the internal review that is taking place, I have not received that report yet, but when I do, I will look at it carefully and consider how best to proceed thereafter. On the question of hotel use, I think we all agree that it is not ideal. We are working as rapidly as we can to reduce and eventually end the use of hotels, not just in the city of Glasgow but across the whole United Kingdom.

[Richard Burgon (Leeds East) (Lab)]

If she will make a statement on her departmental responsibilities.

draft Immigration (Persons Designated under Sanctions Regulations) (EU Exit) REGULATIONS 2020

Chris Philp Excerpts

Tuesday 15th September 2020 General Committees

[The Chair]

I recognise that it is very hot in here, so Members are more than welcome to remove their jackets. Before we begin, I remind Members about social distancing. Please make sure that you sit in the spaces that are clearly marked out. I also have a shout out for Hansard, who would be very grateful if you sent any speaking notes to [e-mail].

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

I beg to move,

That the Committee has considered the draft Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020.

It is a great pleasure to serve under your chairmanship, Mrs Cummins, for, I think, the very first time. I will do my best to observe social distancing, which is something the Opposition spokesman, the hon. Member for Ogmore, should not find too challenging, given the numbers on his side. This is a narrow, technical matter, so I will not detain the Committee for long.

The regulations do not create any new powers but simply clarify which courts and tribunals will hear matters that may arise as a consequence of the Sanctions and Anti-Money Laundering Act 2018. SAMLA gives powers to the UK Government to designate certain people or organisations to be subject to sanctions, the consequences of which may include a travel ban on coming to the United Kingdom. It is conceivable that the people to whom that sanction is applied may already be in the United Kingdom, in which case they may wish to appeal against that decision on two grounds. They may wish to appeal against, first, the imposition of the sanction itself or, secondly, their removal from the territory of the United Kingdom.

The regulations simply clarify that, in challenging the sanction, the matter will be heard by either the High Court or the Court of Session in Scotland. However, the immigration aspect of such a removal from the territory, which they may say breaches their human rights under the European convention on human rights, will be heard by an immigration tribunal as is currently the case. The regulations therefore simply clarify which court the subject may go to and the jurisdiction used in such matters of appeal. If, on the one hand, they are appealing against the imposition of a sanction, it will be the High Court or the Court of Session. On the other hand, if they are appealing against their removal, they will go to the first-tier tribunal, as would happen with any normal immigration case.

We envisage fairly small numbers of cases because most people to whom international sanctions are applied tend to be outside the United Kingdom to start with, but the regulations provide helpful clarification as to which court or tribunal should handle each case. I commend the regulations to the Committee.

--- Later in debate ---

[Chris Philp]

I shall be brief and avoid detaining the Committee on the wider issues. I extend my good wishes to the hon. Member for Halifax and her family and hope that they are safe and well, and I wish her a safe return to the House with all speed.

I will comment briefly on legal proceedings in immigration matters, because they are not strictly relevant to the regulations. We find that repeated, last-minute, and essentially vexatious claims are submitted with the purpose in mind of frustrating the removal of people who should not be in the country, including dangerous foreign national offenders. Such claims are often wholly without merit, and they are often submitted, intentionally at the very last minute, before they can be given proper consideration by a court—often late at night or in the early hours of the morning—and a judge may feel that there is no option but to suspend a removal or deportation pending proper consideration of the claim, even though it is subsequently found to have no merit.

That, in my view, is an abuse of process. The Government in no way condone it, and, as I said on the Floor of the House in response to an urgent question on 2 September, we are exploring legislation in that area, to make sure that the legal system is not abused as I just described. That is not directly relevant to the regulations, which I continue to commend to the Committee. I thank the shadow spokesman, the hon. Member for Ogmore, for his support in this matter.

Question put and agreed to.

Draft Sentencing (Pre-consolidation Amendments) Act 2020 (Exception) Regulations 2020

Chris Philp Excerpts

Wednesday 9th September 2020 General Committees

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

I beg to move,

That the Committee has considered the Draft Sentencing (Pre-consolidation Amendments) Act 2020 (Exception) Regulations 2020.

It is a great pleasure to serve under your chairmanship, Mr Mundell; I think it is for the first time, and I hope that it will be the first of many such happy occasions.

I will be extremely brief. The purpose of this instrument is very straightforward. Colleagues will recall that a few months ago we passed the Sentencing (Pre-consolidation Amendments) Act 2020, which is a precursor to the introduction of a sentencing code. One of the things that Act does is a so-called clean sweep, which consolidates all previous sentencing legislation into a single code, for the ease and convenience of both the judiciary and the public.

However, certain important exceptions to that clean sweep have been made to ensure that no offender who committed an offence previously—that is, before the consolidation—is exposed to a more serious or heavier penalty than would have been the case without the consolidation. That is just a matter of fundamental natural justice. A change has been made recently—in April—to the victim surcharge, which has been increased by 5%. As a matter of fairness, any offence committed before the change to the victim surcharge should be charged at the old rate. It would be unfair if someone was charged at the higher rate even though the offence had been committed previously.

The purpose of the instrument the Committee is considering is to make an exception to the clean sweep, adding to the other exceptions that we put in the Act, to make sure that, for offences committed before the change made to the victim surcharge in April, the old surcharge applies and not the new one. Colleagues, including the shadow Minister, the hon. Member for Stockton North, will recall that we debated this provision at some length in Committee, and it is doing exactly what we said we would do to ensure that fairness applies. On that basis, I commend the regulations to the Committee.

--- Later in debate ---

[Chris Philp]

I will reply briefly to the shadow Minister’s comments. First, I welcome his support for this measure. I lament the absence of his colleagues—it is a shame they are not here with him to debate this important matter.

The hon. Gentleman raised a couple of points. Let me start by addressing the number of cases waiting to be heard before the courts. Obviously, coronavirus has enormously disrupted the operation of the courts because of social distancing and so on, but in the magistrates courts, for the last few weeks, disposals have exceeded receipts. We have been dealing with more cases than have been received and therefore the outstanding case load has begun to decline. That is an important, seminal moment in our recovery plan.

In relation to the Crown court, which the shadow Minister talked about, and jury trials, he will be aware that the Lord Chief Justice completely suspended jury trials in late March, and they did not recommence until May. Inevitably, if jury trials are suspended for health and safety reasons—for covid reasons—cases will back up. Since then, we have got Crown court jury trials up and running across the country, but in a way that is safe, so that jurors do not get contaminated by one another or by anyone else. That has necessarily limited the number of court rooms available, but we are now back to about 110 operable Crown court jury rooms as of today, and the intention is to reach 250 by the end of October. That will enable us to hear 333 Crown court jury trials per week by the end of October, which is back up to the pre-coronavirus level. That will be done in a safe way through a variety of measures to do with social distancing, perspex screens and separate jury retiring rooms. [Interruption.] I can see the shadow Minister is twitching eagerly, so I will give way.

[Alex Cunningham]

I am keen to understand whether the Minister will start bringing his Nightingale courts in as part of that. He must accept that, even before the coronavirus crisis, there was a crisis in the courts, with 1 million cases in magistrates and Crown courts, and tribunals outstanding at the end of last year.

[Chris Philp]

The number of Crown court cases outstanding at the beginning of this year was lower than it was in 2010. A great deal of progress had been made, and the Lord Chancellor had authorised, prior to coronavirus, additional Crown court sitting days that would have enabled further progress to be made.

In relation to Nightingale courts, all 10 announced in July are now up and running operationally. Further Nightingale courts are being announced, and we have secured further Treasury funding to the tune of £83 million to expedite the recovery of the court system after coronavirus. On the comments about funding that I heard quoted—I was surprised to hear such comments made by a judge in a judgment—the issues around funding have been and are being addressed.

On custody time limits, there is a short-term, nine-month extension because the hiatus caused by coronavirus means we need to extend those custody time limits temporarily. The shadow Minister accused us of trying to slip that past Parliament and the Opposition, but he also acknowledged that I phoned him personally to flag the changes. If I was trying to slip it past him, I would hardly have picked up the phone and telephoned him. That would have been an ineffective method of subterfuge, even by my standards.

[Alex Cunningham]

I did make the point that the Minister was kind enough to inform me, but the whole of Parliament learned of this in a written instrument—a negative SI—which is not really the way to do business.

[Chris Philp]

We did telephone everybody with an interest. I made phone calls, so I do not think that an allegation of subterfuge is one that I would accept. I am happy to phone anybody who wants a phone call on a Friday evening. It is a free service courtesy of the Ministry of Justice.

We have strayed a little beyond the strict terms of this instrument, so perhaps I should sit down. I commend the instrument to the Committee.

Question put and agreed to.

Channel Crossings in Small Boats

Chris Philp Excerpts

Wednesday 2nd September 2020 Commons Chamber

[Nick Thomas-Symonds (Torfaen) (Lab) (Urgent Question)]

To ask the Secretary of State for the Home Department if she will make a statement on those crossing the English Channel in small boats.

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

In recent months, the UK has seen a completely unacceptable increase in illegal migration through small-boat crossings from France to the UK. This Government and the Home Secretary are working relentlessly to stop these crossings. Illegal migration is not a new phenomenon. Every Government over the last 20 years and more have experienced migrants—often economic migrants—attempting to reach the UK through illegal means. The majority of these crossings are facilitated by ruthless criminal gangs that make money from exploiting migrants who are desperate to come here.

We are working with the National Crime Agency to go after those who profit from such misery. Already this year, 24 people have been convicted and jailed for facilitating illegal immigration. In July, I joined a dawn raid on addresses across London, which saw a further 11 people arrested for facilitating illegal immigration, and £150,000 in cash and some luxury cars were seized. Just this morning, we arrested a man under section 25 of the Immigration Act 1971 who had yesterday illegally piloted a boat into this country. Further such arrests are expected.

These crossings are highly dangerous. Tragically, last month a 28-year-old Sudanese man, Abdulfatah Hamdallah, died in the water near Calais attempting this crossing. This morning, the Royal National Lifeboat Institution has been out in the English channel and has had to rescue at least 34 people, and possibly more, who were attempting this dangerous journey.

These criminally facilitated journeys are not just dangerous; they are unnecessary as well. France, where these boats are launched, and other EU countries through which these migrants have travelled on their way to the channel, are manifestly safe countries with fully functioning asylum systems. Genuine refugees seeking only safety can and should claim asylum in the first safe country they reach. There is no excuse to refuse to do so and instead travel illegally and dangerously to the UK. Those fleeing persecution have had many opportunities to claim asylum in the European countries they have passed through long before attempting this crossing.

We are working closely with our French colleagues to prevent these crossings. That includes patrols of the beaches by French officers, some of whom we fund, surveillance and intelligence sharing. Over 3,000 crossing attempts were stopped this year alone by the French authorities, and approaching 50% of all crossing attempts are stopped on or near French beaches. This morning alone, French authorities prevented at least 84 people from attempting this crossing, thanks in significant part to the daily intelligence briefings provided by the National Crime Agency here in the United Kingdom.

It serves both French and UK interests to work together to cut this route. If this route is completely ended, migrants wishing to come to the UK will no longer need to travel to northern France in the first place. We are therefore urgently discussing with the French Government how our current plans can be strengthened and made truly comprehensive. We have already in the last two months established a joint intelligence cell to ensure that intelligence about crossings is rapidly acted upon, and this morning’s interceptions on French soil are evidence of the success of that approach.

It is also essential to return people who make the crossings where we can, and we are currently working to return nearly 1,000 cases where migrants had previously claimed asylum in European countries and, under the regulations, legally should be returned there. Last month, my right hon. Friend the Home Secretary announced the appointment of former Royal Marine Dan O’Mahoney as clandestine channel threat commander. He will collaborate closely with the French to build on the joint work already under way, urgently exploring tougher action in France, including—

[Mr Speaker]

Order. Advisers should know that it is three minutes; we are now nearly on five. I do not understand how the mistake has come about.

[Chris Philp]

Mr Speaker, I sincerely apologise. In that case, let me conclude by saying that these crossings are dangerous, illegal and unnecessary. They should simply not be happening, and this Government will not rest until we have taken the necessary steps to completely end these crossings.

[Nick Thomas-Symonds]

I am grateful to you for granting this urgent question, Mr Speaker, and for the Minister’s response. I would first like to send my thoughts to the family of Abdulfatah Hamdallah, who died in the English channel—a powerful reminder of the gravity of this issue.

Over a year ago, the Home Secretary said:

“We’ve been working extremely closely with our French colleagues to tackle the use of small boats but we both agreed more needs to be done.”

Why does the Minister think that that work last year has proved so inadequate? The Minister himself scrambled to France on 11 August and announced the joint action plan, but can he outline when that will be available for scrutiny? We all agree on the need to tackle criminal gangs, but does he also accept the importance of safe routes for those seeking asylum? The Government were warned, including by the Select Committee on Foreign Affairs, that the collapse of safe routes would lead to growing numbers of people taking to the sea.

The expectation around the Dubs amendment across the House was that 3,000 children would be accepted under the scheme. Does the Minister now agree that it was a profound error and, frankly, lacking in compassion to close down that scheme when only a 10th of that number had been accepted? What provisions have been put in place for the welfare of any children who have been intercepted on the crossing? What safeguards are being put in place to ensure that all accommodation is kept safe and covid-secure, as well as protected from far-right attacks, which have unfortunately been reported in recent days?

What we need now are solutions, not empty headlines trying to sound tough. I have deep concerns that in recent weeks the Government, through talking up the deployment of the Navy and the RAF, have tried to militarise the solution when lives are at risk. Ultimately, the sad truth is that people are fleeing their homes as a result of poverty, war and persecution. Does the Minister accept that abolishing the Department for International Development is a great mistake? Is it not the truth that the Government’s approach to this whole issue has, frankly, been defined by a lack of compassion and a lack of competence?

[Chris Philp]

I shall try to be brief in my reply, Mr Speaker.

The shadow Home Secretary asks why numbers are so high. Global migration has been growing strongly, and he will be aware that 40,000 people—a far larger number than have crossed the channel—have crossed the Mediterranean. Moreover, during the coronavirus pandemic we have seen displacement from other illegal entry routes, such as lorries and the use of fake documents on aeroplanes, into the maritime route, and we have been successful at preventing illegal immigration through the juxtaposed controls. The situation has been compounded by unusually benign weather conditions in the English channel over the summer.

The shadow Home Secretary asks about safe routes. Since 2015, the Government have provided almost 20,000 resettlement places—a number that dwarfs the 3,000 that he mentions. Since 2010, some 44,000 children have been offered protection of one form or another by the United Kingdom. He says our approach lacks compassion, but I direct him to those figures. I also remind him that last year, 2019, this country received more applications from unaccompanied asylum-seeking children than any other European country, and all of them have been generously looked after while their claims are processed.

The shadow Home Secretary asks about children. When children arrive, they go straight into social care and are extremely carefully looked after while their claims are processed. This Government certainly need no lessons in compassion. Our asylum system is extremely compassionate and extremely generous, and the numbers speak for themselves.

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

I thank the Minister for his statement. May I impress upon him the strength of feeling on this issue in Newcastle-under-Lyme and elsewhere? It is not because my constituents lack compassion or humanity; it is because they recognise that what is going on is not only illegal but represents unfair queue jumping. I spoke to my hon. Friend the Member for Dover (Mrs Elphicke) about this issue earlier; she has been working all summer to bring this issue to the Minister’s attention. Does he agree that what is currently happening is in essence a form of asylum shopping, wherein people claim asylum in the first country they reach and then move to another and claim asylum again? They keep claiming asylum—instead of securing asylum in the first safe country, they keep coming to the UK, where they believe we have a more favourable asylum system. Does he agree that asylum shopping needs to end?

[Chris Philp]

I join my hon. Friend in paying tribute to my hon. Friend the Member for Dover (Mrs Elphicke) for her tireless campaigning on this issue. She has done a huge amount of work in this policy area. My hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) is absolutely right: people who are genuinely seeking a safe refuge could and should claim that refuge in the first country they reach. The people arriving in Dover yesterday and today have left from France, which is a safe country with a well-functioning asylum system. If their principal objective was to seek refuge from persecution, they could easily have done that in France or, indeed, any of the other countries through which they passed before they arrived in Calais.

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

Five years on from the day the world was shocked by little Alan Kurdi’s death, perhaps the Minister could just agree that the response to the channel crossings should be informed by empathy and evidence and not driven by Farage and friction. Will he confirm that, despite what he has said, there is nothing in international law that requires refugees to apply for asylum in the first safe state that they come to, even though the overwhelming majority do? Will he acknowledge that there will be good reasons, such as family ties, for many of the people attempting crossings to make their claims here instead of in France? Will he recognise that by failing to provide safe legal routes, the Government force people to use ever more dangerous alternatives and drive them into the arms of people smugglers, as at least two parliamentary Committees have previously pointed out?

Instead of bashing our brilliant human rights lawyers, will the Minister now put those safe routes in place; ensure a successor to the Dublin family unity rules; restart resettlement and commit to it for the long term; and reopen Dubs and other safe routes from Europe? That would be a response rooted in empathy and evidence.

[Chris Philp]

Safe routes from Europe are not the answer to this problem because, by definition, people in Europe are already in a safe country. Transporting people from one safe country in Europe to the United Kingdom does nothing to add to their protection. There are, of course, routes for family reunion—at the moment under Dublin and in the future under the United Kingdom’s own immigration rules. In relation to a safe legal route for people fleeing persecution, the hon. Member has already referenced the resettlement programme, which between 2015 and the onset of coronavirus saw just a shade under 20,000 people being resettled directly from dangerous conflict zones, mainly in the vicinity of Syria. Those routes have existed for the last five years, yet I am sad to say that illegal migration continued none the less.

[Alun Cairns (Vale of Glamorgan) (Con)]

French authorities have a serious and significant role to play in preventing small boats from crossing the channel and putting so many lives at risk. Does my hon. Friend accept that the more that the French authorities negate their responsibilities, the more lives are put at risk and the further encouragement is given to traffickers?

[Chris Philp]

My right hon. Friend is correct. I should pick up on the point made a moment ago; the way to ensure that lives are protected is to ensure that no one attempts these crossings at all. As he says, that means working with the French to prevent these crossings from taking place. That is the way to protect lives and stop the ruthless criminal gangs exploiting migrants, and that is the Government’s objective.

[Nadia Whittome (Nottingham East) (Lab)]

A report last year by the Foreign Affairs Committee, of which the Home Secretary was a member at the time, said:

“In the absence of robust and accessible legal routes for seeking asylum in the UK, those with a claim are left with little choice but to make dangerous journeys by land and sea.”

How many more people like Abdulfatah Hamdallah have to die before the Home Secretary creates those safe and legal routes?

[Chris Philp]

I have already pointed out that there are safe and legal routes into the United Kingdom. In addition to the vulnerable persons resettlement scheme that I have referenced already, which ran very successfully from 2015, there was also the vulnerable children’s resettlement scheme, the gateway scheme and, of course, the Dubs scheme—a commitment that we met in full. Many people claim asylum having arrived in this country on a visa as well, so the safe routes that the hon. Member describes do exist already.

Let me emphasise once again that the people making these crossings on small boats are leaving a safe European country—France—having often travelled previously through countries such as Germany and Italy, which are also safe countries with an asylum system. If these people’s principal concern is to secure protection from persecution, they have had ample opportunity to do so long before getting on one of these dangerous boats.

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

Having had some responsibility in the past for the immigration system, I know how complex this particular subject is, so may I press the Minister on two points? First, I urge him to discourage economic migrants. If we were to improve our asylum decision-making speed, that would discourage them. Secondly, I urge him to use our development assistance, which the shadow Home Secretary mentioned, to focus on the source countries to ensure that people are not leaving for economic reasons and have more reason to stay at home. In that way, our 0.7% development assistance can help our national security as well.

[Chris Philp]

My right hon. Friend has a long track record of distinguished service in this area. I completely agree with his point about overseas aid. This country is the only G7 country meeting the 0.7% of GNI commitment, and that is part of our efforts to help source countries to develop economically. As he clearly laid out, that will reduce the economic incentive to migrate.

[Rosie Duffield (Canterbury) (Lab)]

Given the recent very violent assault on a young man who had just landed on a Kent beach and the planned protests by far-right groups in Kent reported in several broadsheet newspapers, what extra support is the Secretary of State offering police in Kent to ensure the safety of all those who seek asylum in our country? Will the Minister join me in telling the hate-driven, violent groups that make their way to Kent to go back to where they come from?

[Chris Philp]

Yes, I will join the hon. Lady in condemning wholeheartedly and unreservedly the groups she describes who have targeted migrants in that way. There is no excuse at all, under any circumstances, for harassing people who have arrived. Whatever someone’s views may be about the immigration system, there is no excuse and no justification. The police have our full support in dealing with anyone who perpetrates violent offences or harassment offences of the kind she describes.

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

Does my hon. Friend agree that the simplest and quickest way to ensure the flow of illegal immigrants is stemmed would be to send them immediately back to France as soon as they reach our shores? Does he understand the anger and frustration felt by many people in Kent that the Government are either unwilling or unable to take that action?

[Chris Philp]

I do understand and share the anger and frustration my hon. Friend describes. I do agree that the best way to disincentivise or deter these dangerous and illegal crossings is returns when people arrive, because then the migrant would not bother attempting the crossing in the first place. We are, as I said, in the process of progressing getting on for 1,000 cases where the migrant has previously claimed asylum in a European country. We started that process in August and 26 people were returned on 12 and 26 August. That is a small start. We have a large number of further flights planned in the coming weeks and months to make sure that those people who legally should be returned will be returned.

[Owen Thompson (Midlothian) (SNP)]

With reports that the UK Government are planning to reduce or scrap their overseas aid budget, will the Minister confirm whether he is aware of the very clear link between migration patterns and efforts to provide international aid and development abroad? Does he agree that moves to cut back on that would only worsen the current situation?

[Chris Philp]

Clearly, improving economic conditions in source countries is a vital part of tackling this problem upstream, as indeed is working with law enforcement agencies in those countries to disrupt the dangerous and ruthless criminals who operate in those areas. Work with the overseas aid budget is an important part of that, but so is trade. As we negotiate trade agreements around the world, that will also help to encourage economic development in some of the source countries. As employment is created and prosperity generated, I hope that will also reduce the economic incentives for the kind of mass migration we are currently seeing.

[Tom Hunt (Ipswich) (Con)]

The Labour party could not be more out of touch with the vast majority of people on this issue, and I am quite surprised that it brought it forward. However, Labour party strategy is not a matter for me. One of the key drivers of illegal channel crossings is our easily exploited asylum system. Once inside the system, illegal migrants know the chances of being able to stay for good are high. Will the Minister prioritise bringing legislation before this House that eliminates the vexatious aspects of our asylum system, such as repeated asylum claims on different grounds, and consider the wisdom of using taxpayers’ money for legal aid claims to support those who have come over here illegally?

[Chris Philp]

Speaking frankly, my hon. Friend is right in much of what he says. There are considerable issues with the way our asylum and immigration system has been operating in this area. I can confirm that there is considerable policy work under way to address areas where the UK’s immigration and asylum system is being exploited and abused. We are working on developing legislation to address those loopholes in exactly the way he describes, because we will not tolerate our system being abused in any way.

[Carla Lockhart (Upper Bann) (DUP)]

The UK has often been a safe haven for those fleeing their homeland for genuine reasons, whether persecution or fleeing terror. That should continue, while recognising that other countries can provide such protection. However, does the Minister believe that the Government have sufficient domestic tools, and co-operation from the EU and others, to manage illegal immigration into the common travel area and inward into the UK, whether through Northern Ireland or other ways?

[Chris Philp]

As we leave the transition period in a few months’ time, we will want to continue co-operating with the European Union and, indeed, bilaterally with individual European countries. The problem of mass migration is in many ways a shared problem, so I hope that co-operation will continue. We are discussing that with the European Union, and we are discussing it bilaterally with France, Belgium, Germany and many other countries. I hope that the co-operation that the hon. Lady describes will continue, but, of course, it takes two to tango. I agree with her first point. We do have in this country a long and proud history of providing protection for those who are being genuinely persecuted and, of course, that will continue.

[Dehenna Davison (Bishop Auckland) (Con)]

I thank my hon. Friend for his robust response today, which I am sure will provide some reassurance to the many people in Bishop Auckland who have contacted me about small boat crossings. I understand that, just last week, 23 migrants were due to be returned to Spain, but that was blocked by a string of legal cases. We need to remember that these are people who travel to our country illegally, bypassing safe nations, including Spain and France. Does my hon. Friend believe that the Home Office’s efforts to facilitate legitimate and legal returns of illegal migrants are too often being frustrated by activist lawyers putting in last-minute challenges, happy to see taxpayers’ money wasted in such a manner?

[Chris Philp]

It is the case that the planned flight to Spain on 27 August was cancelled as a result of the lodging of a large number of last-minute claims, which left no time for them to be properly considered prior to the flight. It is likely that many of those claims were intentionally lodged at the last minute, but as those are being worked through, we will be organising subsequent flights so that people can be lawfully returned to Spain, a safe country where these migrants had previously claimed asylum. That can and should take place.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

I apologise in advance for stating the totally blindingly obvious, but I do so in the hope of assisting the Minister here. If we do not provide safe and legal routes for people who are fleeing war and persecution, they will resort to unsafe and illegal routes. There is only one other country in Europe that does not allow unaccompanied refugee children to be reunited with their families and sponsor that reunification. Why is that?

[Chris Philp]

I repeat that there are plenty of legal mechanisms by which people may claim asylum. About 40% of those people claiming asylum have entered the country in a lawful manner. I will just draw attention once again to the resettlement scheme, which has seen almost 20,000 people resettled here directly from conflict zones—not people coming through France and Spain who are in a safe country already, but the people who were in or around places such as Syria who were genuinely in danger. On unaccompanied asylum-seeking children, given that last year we received more than 3,500 UASCs, the highest number of any country in Europe, we need no lectures on that topic.

[Selaine Saxby (North Devon) (Con)]

Can my hon. Friend confirm that his Department is urging the French Government to take more rapid and productive action to prevent those leaving the French coast in the first place and that he is looking at ways to return economic migrants and to process those vexatious asylum claims in a more rapid manner?

[Chris Philp]

Yes, I can confirm that we are doing all those things. Work is under way as we speak to do more with our French colleagues. I have mentioned the joint intelligence cell already, and we are doing work to strengthen our existing operational plans. Moreover, the work on returns, both now, under the Dublin framework, and subsequent to the end of the transition period, is actively under way, because if we return people who make this unnecessary, dangerous and illegal journey, there will be no incentive or reason to attempt it in the future.

[Kerry McCarthy (Bristol East) (Lab)]

One reason we have seen a rise in small boat crossings is the crackdown on border controls in terms of lorries and the significant drop in freight traffic because of coronavirus. Does that not just show that the problem will not go away, despite the sort of military heroics that the Government are trying to embark on in the channel, and that we need to identify safe and legal routes? In particular, we need to work in France with people who have a proven connection to the UK, particularly refugee children, to try to deal with the problem before they try to reach the UK by illegal means?

[Chris Philp]

In relation to children, there are already family reunification provisions in the Dublin regulations, and there are provisions for children to be reunified, particularly with their parents, under our own immigration rules that will come into force after we leave the transition period. In terms of the displacement between different methods of illegal entry, the hon. Lady’s analysis is, broadly speaking, correct, but just because it is difficult, or can be difficult, to stop illegal migration, that is not going to deter us from doing so. It is our duty, as the United Kingdom’s Government, to prevent illegal immigration and to choose, as a sovereign Parliament and a sovereign nation, to decide who comes into the country and who does not. We will never abandon our responsibility to properly police and protect our borders.

[Ruth Edwards (Rushcliffe) (Con) [V]]

I congratulate my hon. Friend and our law enforcement agencies on the recent arrests that have been made. Will he set out what further steps he is taking with counterparts overseas to smash the criminal networks who are exploiting migrants and risking their lives by organising these dangerous crossings?

[Chris Philp]

I add my tribute to my hon. Friend’s tribute to our crime fighting agencies—the police, the National Crime Agency and Immigration Enforcement, who are working day and night to break up these criminal gangs. I mentioned the raid that I accompanied in July, which went to about 13 different addresses across most of London and resulted in 11 arrests and the seizure of £150,000 in cash. There are multiple operations under way in the United Kingdom, but also working with law enforcement partners in other European countries and countries beyond Europe, to break up these criminal gangs. It is not just in France; it goes way beyond France. They are dangerous; they are ruthless; they are exploiting vulnerable migrants; and they are engaged in other associated criminality. We will stop at nothing to get all of them rounded up, arrested and put out of business.

[Alex Norris (Nottingham North) (Lab/Co-op)]

It has been sad to watch a summer of the Government chasing cheap newspaper headlines, rather than getting a grip of this challenge, because growing global climate change will only make more challenging migration patterns for European countries. We need a cross-European solution. We have heard from the Minister for immigration compliance what his solution is: “Nothing to do with me, guv—stay in Italy, stay in Greece, stay in France, stay in Germany.” That will not do. So what are the Minister and the Home Office doing, today, to get to a mature, equitable and humane solution with our European partners?

[Chris Philp]

As I say, we have, as part of our European Union negotiations, made a detailed and comprehensive offer in relation to returns arrangements—readmission arrangements—and indeed UASC and family reunification. That offer was a detailed offer. We tabled a full legal text in both of those two areas in May last year, and that will provide the basis of the co-operation that the hon. Gentleman describes. But if, for any reason, that agreement cannot be reached, then obviously we will make our own unilateral arrangements that are compassionate, humane and fair but at the same time control our borders.

[Jo Gideon (Stoke-on-Trent Central) (Con)]

I wrote to the Home Secretary recently about the concerns raised by my constituents who are seeing repeated images in the media of these dangerous and illegal crossings. Our current asylum laws are bound by the EU’s restrictive and rigid legislation. Will my hon. Friend commit to reforming our laws around asylum, illegal migration and the associated criminality to stop these crossings completely once our transition period with the EU ends this year?

[Chris Philp]

I do share that objective, so does the Home Secretary, and so do the whole Government. Where we need to legislate to tighten up the law in this area to make these crossings impossible, we will not draw back or hesitate before taking those steps. We are determined to do whatever it takes to make sure that our borders are properly policed. If that requires legislation, then we will legislate.

[Jeff Smith (Manchester, Withington) (Lab)]

The Minister talked earlier—with some pride, I think—about our taking the highest number of applications from unaccompanied asylum-seeking children, which is good. Overall, the UK takes three times fewer asylum applications than France, three times fewer than Spain and four times fewer than Germany. So if we were to reopen safe routes properly, what level of asylum applications does he think would be a fair share for us to deal with?

[Chris Philp]

When it comes to helping vulnerable people, it is far more effective to help those who are in dangerous locations rather than shipping people from, say, Spain to the United Kingdom, because countries like Spain are already safe countries. As I say, we do more than our fair share when it comes to protecting vulnerable people. I have already referenced the fact that we have the highest number of UASCs of any European country, and our resettlement programme, in the five years from 2015 to 2020, took in more people directly from conflict zones than any other European country. So any suggestion that this country is not doing its fair share is completely wrong and completely misguided.

[Giles Watling (Clacton) (Con)]

This issue just seems to be maundering on and on; we keep coming back to it again and again. On 9 June this year, I asked Ministers about this issue, as my constituents in Clacton expect this matter to be dealt with—it is what they voted for. People’s lives are at risk. Criminal gangs are getting rich and it has to stop, so what concrete progress has been made since I last asked this question? I reiterate that we need to get the French navy to step up to the plate and take those people off the boats in international waters. How are we going to ensure that that happens, and soon?

[Chris Philp]

Since we last spoke, the French officers operating on or near French beaches have stopped hundreds of crossing attempts—they have stopped about 3,000 crossing attempts so far this year. We have also established the joint intelligence cell that I mentioned earlier, and intelligence passed from the National Crime Agency here in the UK to our French counterparts contributed, I believe, to 84 crossing attempts being prevented this morning alone, so that is good progress. However, there is undoubtedly more that needs to be done, because these crossings are continuing at frankly unacceptable levels, and negotiations and discussions are continuing as we speak with our French colleagues to step up our efforts and activities even more.

[Stephen Flynn (Aberdeen South) (SNP)]

Refugees experience situations that few of us can even imagine, yet in recent months, while sitting aboard overcrowded dinghies in the middle of the English channel, they have been subjected to a voyeuristic media filming them, like some sort of perverse sea safari, while also facing a UK Government intent on enforcing upon them their hostile environment. So I ask the Minister: do either of these things give him any shame?

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[Chris Philp]

The hon. Gentleman, frankly, has a cheek to talk about hostile environments in this context. We have one of the most accommodating asylum systems in Europe. When people arrive and claim asylum, they are accommodated. Their council tax and utility bills are paid for. They get an allowance to cover essentials and food. That is a far more accommodating approach than in many other European countries, so to say that somehow they face a hostile reception, frankly, could not be further from the truth.

[Karl MᶜCartney (Lincoln) (Con) [V]]

Many of my constituents in Lincoln know that the majority of the illegal crossings are being facilitated by organised criminals who are exploiting vulnerable migrants and putting their lives at risk. I have heard the answers that my hon. Friend has given, but will he confirm that he and the Secretary of State are committed to cracking down on the criminals? Can he update us on the French levels of law enforcement in this regard and how joined-up our Gallic friends are in assisting the UK and our agencies under Home Office control in stopping this illegal practice occurring and currently flourishing, seemingly, in the first place?

[Chris Philp]

There are dozens of investigations under way into these criminals who are facilitating illegal immigration. I have mentioned the 24 convictions and prison sentences given already this year in the UK, and there has been a similar number—in fact, I think a slightly greater number—in France. We are now working ever more closely with our French colleagues and the various arms of the French Government on this activity. We have the joint intelligence cell. There is the Co-ordination and Information Centre unit in Calais, which co-ordinates activity between our two Governments and our two sets of law enforcement agencies. I said that an arrest was made as recently as this morning. The French are making arrests as well. Both Governments share the objective that my hon. Friend described of putting these dangerous and ruthless criminal gangs out of business.

[Caroline Lucas (Brighton, Pavilion) (Green)]

The Minister keeps referring to applying for asylum in the first safe country, as though it were a legal requirement. It is not—it is one of the criteria under Dublin. People have a right to apply in any country they choose and family reunion is supposed to take precedence, so I would like him to correct that when he replies. I would also like him to say whether his Government will focus more on the causes of migration, including the accelerating climate emergency, and take seriously a Bill that I will be tabling later today—the climate and ecological emergency Bill—which is designed precisely to try to tackle some of these root causes of why so many people are taking to dangerous boats.

[Chris Philp]

Of course we agree that dealing with issues in source countries—economic issues and others—is a vital part of fixing this problem. Migration trends across the world, and into Europe across the Mediterranean and the Aegean, have grown dramatically over the last few years. The small boat crossings that we are seeing are a small part of that much bigger picture. This Government have done a huge amount on climate change. We have virtually eliminated coal-fired power stations, one of the biggest emitters of greenhouse gases, and CO₂ emissions generally in this country have fallen dramatically over the last 10 or 15 years, as the hon. Lady well knows.

[Ben Bradley (Mansfield) (Con)]

We went to my hon. Friend the Minister and the Home Secretary to be candid about the level of anger and frustration felt by many of my constituents in Mansfield and people across the UK at stories that we hear about illegal migrants arriving on our shores, being put up in hotels and having endless legal challenges funded at the expense of British taxpayers. The Minister is right that we need to stop the boats leaving France in the first place, stop this criminal activity and prevent people from putting their lives at risk in this way, but what can we do here at home to ensure that our domestic system for asylum and deportation is seen to be working for British taxpayers?

[Chris Philp]

The hotel situation that my hon. Friend describes is a very short-term, temporary measure that was a response to the coronavirus epidemic. It is certainly not intended to be permanent, and we are in the process of making arrangements to unwind it as quickly as possible. On the asylum system and the legal loopholes, as I said, we are actively exploring legislative options to ensure that our system is tightened up and cannot be abused.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

This Government are militarising the humanitarian crisis, made worse by past military interventions in countries such as Iraq, Afghanistan and Libya. The inconvenient truth, of course, is that Britain has long played the role of agitator, making worse global crises that destabilise regions and displace people. Wales has committed to becoming a nation of sanctuary. What will the Minister’s Department do to enable that, or is sanctuary not part of the Government’s vocabulary at present?

[Chris Philp]

Some of the largest source countries include Iran, Eritrea and Sudan—countries in which the United Kingdom has had no previous military engagement. On the question about being a nation of sanctuary, I have already pointed out that last year we made 20,000 grants of asylum and other forms of protection. We have resettled just a shade under 20,000 people under the vulnerable persons resettlement scheme, and many more under the vulnerable children’s resettlement scheme and the gateway scheme, and we have done the full number that we committed to under the Dubs amendment. That is clear evidence of this country’s commitment to compassion and to giving refuge. At the same time, we will police our borders.

[Chris Clarkson (Heywood and Middleton) (Con)]

I start by paying tribute to our law enforcement and our Royal Navy, despite the comments of Opposition Members. It is approximately a 300-mile drive from Heywood in my constituency to Dover, in the constituency of my hon. Friend the Member for Dover (Mrs Elphicke). When I say to the Minister that I have received a large number of communications about these crossings, I think he will accept the depth of feeling among people not just in coastal areas but across the entire United Kingdom. I ask him to reiterate the Government’s commitment and to ensure that no stone is unturned and no illegal crosser is unreturned.

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[Chris Philp]

The Home Secretary and I and the Government completely understand and fully accept the depth of anger that is felt right across the country at the crossings that are occurring illegally, dangerously and unnecessarily. My hon. Friend can have my assurance that we will leave no stone unturned. We are trialling various methods that could be used on the sea to prevent crossings, and we are actively exploring necessary legislative options. As far as returns are concerned, we are working daily to return those who legally can be returned under the existing legal framework, and we will be aiming to construct a replacement legal framework once we are outside the transition period.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

The world is interconnected, and when we do not help fellow humans suffering from hunger or persecution, or in war-ravaged nations, they inevitably, in utter desperation, risk life and limb and try to seek refuge elsewhere, including trying to cross the English channel in small, unsafe boats. Does the Minister agree that it is a cruel irony that the Department for International Development, which works to eradicate poverty, is being abolished today as we debate the inevitable impact of the fact that so many people are displaced by conflict, poverty or persecution?

[Chris Philp]

It strikes me as surprising that the hon. Gentleman’s analysis made no reference to the fact that we are the only G7 country contributing 0.7% of GNI in overseas aid. We were the second largest global donor of aid in the Syrian region. Our contribution to that humanitarian effort is without question. He talks about people fleeing war-ravaged countries, but the people getting on these small boats are not embarking from the shore of a war-ravaged or dangerous country—they are embarking from Calais. France is a safe and civilised country. So are Germany, Spain, Italy and all these other European countries. They are not fleeing war; they are crossing the channel from France.

[Bob Stewart (Beckenham) (Con)]

The Minister has repeatedly stressed that these people crossing the channel illegally have already sought sanctuary in other countries in Europe, and yet they still come. He said that 1,000 people are being returned, but what the House would like to know is what percentage of the people who have arrived on our shores illegally over the last year have actually been expelled from the country back to a country where they have already claimed asylum.

[Chris Philp]

In the last 18 months, about 185 people have been physically returned. There are getting on for a further 1,000 people whose cases we are currently progressing where there is evidence of a previous asylum claim, and therefore, under the Dublin regulations, they are liable to be returned. That work is continuing at pace. A number of flights have been booked in the coming days and weeks to do exactly what my hon. Friend quite rightly calls for.

[Fleur Anderson (Putney) (Lab)]

There are still 6,000 children in makeshift camps in the EU. In the time it took for the Home Office to process the 480 spaces—only 480—that it committed to under the Dubs scheme, hundreds of those young people have gone missing. In another life, they could be my children. With the Dubs scheme now formally closed, what steps is the Minister taking to protect vulnerable children such as the ones in those camps who seek refuge from war, torture and persecution?

[Chris Philp]

I have already pointed out that last year we received 3,500 asylum applications from unaccompanied children—the highest number of any European country. That is our contribution to the European effort to look after children—more than any other country. I call upon the other European countries operating the camps that the hon. Lady describes to show the same compassion and attention that we do when we look after UASCs in this country.

[Simon Fell (Barrow and Furness) (Con)]

My hon. Friend rightly points out that these crossings are facilitated by criminal gangs—criminal gangs who, we should remember, care not a jot about those who are taking such treacherous journeys to our shores. Intelligence from the NCA and other partners suggests that these gangs are not just facilitating people-trafficking; they are linked to money laundering and wider organised crime group activity. What assurances can he give that we are looking at this issue in the round and applying all our intelligence to try to stop these gangs and stop these crossings?

[Chris Philp]

My hon. Friend is right in his analysis. National Crime Agency officers are embedded in law enforcement units around Europe and beyond to track down these criminal gangs. It is not just an issue in the UK and France. These criminal networks extend throughout Europe, through countries such as Germany, Italy and Greece, often through Turkey and thereafter into the middle east. The National Crime Agency and others are working tirelessly with other law enforcement agencies to crack down on these gangs in exactly the way he describes.

[Mr Speaker]

If we are going to get everybody in, we will have to speed up questions and answers.

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

Just last week, the Minister’s Department posted a video attacking so-called “activist lawyers”. Does he understand that Trumpian language like that and other comments in the Chamber today risk stoking further divisions and tensions? Will he apologise for demonising both asylum seekers and lawyers acting on their behalf in saying that they were trying to “undermine” the rule of law? Will he at least introduce safe passages to prove that this is not a dystopian Government?

[Chris Philp]

I have repeatedly outlined the safe passages or safe routes that already exist, which many tens of thousands of people have availed themselves of. In relation to legal processes, there are loopholes in our legal system at the moment that are frequently exploited, and this Government are determined to close them.

[Sir John Hayes (South Holland and The Deepings) (Con)]

According to a poll, 77% of the public see illegal immigration as a serious problem. They know what the Minister knows: that the system is being gamed. Asylum is a noble cause—giving safe haven to people in genuine need is something to be proud of—but the system is broken and needs to be fixed. I have complete confidence in the Home Secretary and her diligence, dedication and determination. When will we see root-and-branch reform in the form of legislation?

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[Chris Philp]

I share the sentiments of my right hon. Friend, who has a long record himself in the Home Office, and the work he describes is under way as we speak.

[Stephen Farry (North Down) (Alliance) [V]]

Can the Minister confirm that the UK is not in fact being invaded, and does he recognise that the Government’s quasi-military response, rather than humanitarian response, with terms such as “clandestine channel threat commander”, only fuels tension, the scapegoating of asylum seekers and racism?

[Chris Philp]

There is nothing improper about seeking to police our country’s borders, and this Government will not apologise for doing so.

[Mrs Natalie Elphicke (Dover) (Con)]

Dover is the national centre for the small boats crossing routes, with more than 5,000 illegal entrants this year and boats arriving day after day on the beaches in my constituency. Does the Minister agree that we can put an end to the small boats crossing routes and that that has three parts: stopping the boats before they leave the French shores, turning around boats when they are in the English channel and sending them back to France and, if people do break into Britain through these illegal routes, making sure they are returned swiftly to France and other countries?

[Chris Philp]

My hon. Friend has been a tireless campaigner and advocate on this issue—I can testify to that as a Home Office Minister—and her analysis is essentially correct. The three strands of work she just outlines are the three we are pursuing. Some will require new techniques to be deployed on the water, which we are trialling at the moment, and some might require legislation, as my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) mentioned a moment ago, and we are prepared to legislate.

[Clive Lewis (Norwich South) (Lab) [V]]

The UK needs to do more, not less, to provide sanctuary for refugees, given the world’s growing ecological and economic crises. Instead, the Government are dehumanising these people by presenting them as an illegal threat. This is a dangerous path and one that goes completely against the ideals we should be aspiring to: empathy and humanity. Why can the Minister and the Government not see this?

[Chris Philp]

Where people have a genuine fear of persecution, where they are fleeing to our shores and need our protection, or where we encounter them directly in dangerous areas, we are of course prepared to offer protection, as we did via the resettlement scheme, but that in no way removes, dilutes or diminishes our obligation and determination to protect our borders from illegal immigration. This Parliament and this country will decide who comes here, not ruthless people smugglers, and I call on the hon. Member and the whole Labour party to assist us and work with us in protecting and defending our country’s borders.

[Antony Higginbotham (Burnley) (Con)]

By the time people reach the English channel, be they economic migrants using illegal routes, or asylum seekers seeking safe haven, they have often passed through a number of safe countries, so what steps are the Government taking to ensure that those countries along the whole route are fulfilling their legal obligations?

[Chris Philp]

My hon. Friend raises a good and interesting point. I have already pointed out that the UK is scrupulous in discharging its obligations in international treaties to look after unaccompanied asylum-seeking children and asylum seekers more generally. Not all countries in Europe are as diligent and scrupulous as we are in discharging that duty, and I again take the opportunity to call on those countries to step up and do as much as we do to look after those vulnerable people who enter their countries. If they did that, it would again reduce the incentive for people to attempt these dangerous, illegal and unnecessary crossings.

[Kim Johnson (Liverpool, Riverside) (Lab)]

On 9 August, the Home Secretary announced that she had appointed a clandestine channel threat commander. Can the Minister confirm precisely what powers the commander has and how the elements of the role could not be addressed by Border Force?

[Chris Philp]

Former Royal Marine Dan O’Mahoney has been appointed, as the hon. Member describes, and has overall operational and policy responsibility for this rather unique and very serious problem. Because it is so multifaceted and involves lots of different law enforcement agencies—not just Border Force but the National Crime Agency and Immigration Enforcement—and requires working with French authorities and UK Visas and Immigration, we felt we needed a single person empowered and accountable to seize control of the situation and get it fixed. We think that Dan O’Mahoney will do a fantastic job and will grip the situation and bring this problem under control.

[Rehman Chishti (Gillingham and Rainham) (Con)]

From my time on the Home Affairs Committee, I understand that we have evidence of individuals coming into Serbia from Iran because there was a visa waiver: from Iran they go into Serbia, from there they go to France, from France they go to the channel, and from the channel they go to Kent in my part of the country. I understand that loophole has now been closed, so how and through what countries are these illegal migrants getting into the EU and the Schengen area? I say to the Minister that my constituents on the frontline in Kent urgently want the Government to get this sorted swiftly.

[Chris Philp]

We hear that message loud and clear. We understand the anger at those illegal, dangerous and unnecessary crossings, and we will do whatever it takes to stop them, including working with the source countries and the upstream countries in the way my hon. Friend has just described.

[Kevin Brennan (Cardiff West) (Lab)]

To understand the scale, am I right in saying that the number of asylum applications in the UK in the most recent year for which figures are available was 35,566; the number of asylum applications on the most recent figures available in France was 114,500; and that for the same period in Germany, the figure was 161,900?

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[Chris Philp]

I believe the hon. Member’s figures are correct.

[Scott Benton (Blackpool South) (Con)[V]]

My constituents are becoming increasingly frustrated by the completely unacceptable scenes on the south coast. While I do not doubt the determination of my hon. Friend to tackle the problem, it appears that the Government lack the legislative tools to take the robust action that my constituents rightly demand. Does my hon. Friend agree that the time has now come to fundamentally review our approach to illegal immigration and asylum so that we do not lose the public’s trust on this vital issue?

[Chris Philp]

Yes, I agree with my hon. Friend’s sentiments. We understand and share the anger that his constituents feel, and he is a very effective advocate for them. We are doing work at the moment at pace to develop legislative options to achieve the outcome he desires, which is to properly control our borders.

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

Unlike the ghastly rhetoric we have heard from some on the Government Benches, the Minister is well aware that refugee charities have asked the Government to protect trafficked women detained in hotels in Glasgow, a call that has fallen on deaf ears, and the same campaigners are calling for the Government to create safe, legal routes for asylum seekers, but instead we get a shameful response. Not doing enough to help refugees is inhumane and indefensible.

When will the Minister and the Department end their dangerous rhetoric and the hostile environment, and start treating refugees detained in hotels or on boats in the channel with respect, dignity and compassion?

[Chris Philp]

No one is detained in a hotel: they are given free hotel accommodation. In relation to modern slavery, the national referral mechanism provides extremely comprehensive protection to those people who have suffered from the appalling crime of modern slavery.

[Jane Stevenson (Wolverhampton North East) (Con)]

While the English channel route remains viable, criminal gangs will continue to exploit vulnerable people and put lives at risk. My constituents want those gangs stopped. What further intelligence measures can we take with our French colleagues to trace the vessels being purchased by criminal gangs? They are large vessels and surely more could be done to trace them.

[Chris Philp]

Work is under way in that area. The French authorities have clamped down a great deal on the sale of those vessels, so some of the more organised criminals now seek to procure them not in France but in other countries in Europe. Many of the migrants have now resorted to stealing boats and other vessels around northern France and the French police are working hard to try to prevent that.

[Christine Jardine (Edinburgh West) (LD)]

The Minister has spoken much about the compassion that the Government are showing, but will he acknowledge that we all know that the best way to prevent people from making desperate and dangerous journeys is to provide safe legal routes? In their negotiations with the EU, however, the Government are seeking to end this country’s mandatory obligation to reunite unaccompanied, asylum-seeking children with their families. Could he use some of that compassion to persuade the Government to change their negotiating position and allow those reunifications to continue?

[Chris Philp]

It is not the Government who require persuading; we have tabled a detailed legal text providing for reunification, and we would like the EU—the European Commission—to engage with it. The hon. Lady’s good offices and persuasive skills would be better applied to the European Commission.

[Craig Williams (Montgomeryshire) (Con)]

I pay tribute to the agencies involved in this and, in particular, to the recent intelligence sharing that led to the successful raids and the stopping of these crossings at source. The right hon. Member for Orkney and Shetland (Mr Carmichael) mentioned the “blindingly obvious”, so let me say to the Minister that people who get to the channel and join small boats have clearly gone through safe countries that have working asylum systems. As we leave the transition period, may I, like other Conservative Members, implore that legislation is brought to this place to fix these things?

[Chris Philp]

I entirely agree with my hon. Friend’s sentiment, and I think that he will not be disappointed by the legislative plans the Government are formulating.

[Navendu Mishra (Stockport) (Lab)]

What steps are the Government taking to ensure that more accommodation settings for migrants are not targeted by far-right groups, as was the case in Coventry recently?

[Chris Philp]

I unreservedly condemn the incidents that the hon. Gentleman is describing, and the police have the Home Office’s full support in protecting people from such unacceptable abuse.

[Damian Collins (Folkestone and Hythe) (Con) [V]]

This problem has got worse throughout this year, and one consequence is that children in the asylum system are largely accommodated in Kent. The leader of the county council said that there were 589 in August, despite the fact that the safe number is considered to be 231, under the national transfer scheme. What can the Minister say about this situation? Will the Government do more to make sure that children are accommodated safely in the asylum system away from Kent, and not just principally in Kent? Will they make sure the county council has the resources it needs to care for the children it is supporting at the moment?

[Chris Philp]

We increased, back in June, the funding that Kent and other authorities accommodating large numbers of UASCs receive, but I recognise that Kent bears a disproportionately large share of UASCs. My local authority of Croydon also does, because Lunar House is in Croydon. I have been in regular contact with Roger Gough, the leader of Kent County Council, and I pay tribute to him and his team for the work they have done. We have been rapidly working with other local authorities around the country to transfer UASCs from Kent to other authorities—I thank those other authorities for the response they have so far demonstrated—and by doing that I hope that we are able to ease the pressure that Kent has been under, which I fully acknowledge. We are working to reduce the pressure that my hon. Friend has accurately described.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

The Minister has just outlined some of the provisions to support children who are intercepted in these channel crossings. Does he feel that the local authorities, right across this country, have enough resources to support children who are intercepted?

[Chris Philp]

We recently increased the funding to support local authorities in relation to UASCs and care leavers—former UASCs who are now aged up to 25. That was increased by about £35 million per year just a few weeks ago. So, yes, I do believe the financial support is adequate.

[Darren Henry (Broxtowe) (Con)]

Clearly, these crossings are only made possible by criminals who thrive on exploiting vulnerable migrants and endangering their lives. Does my hon. Friend agree that one of the safest ways to protect refugees is to crack down on this abhorrent trade and reform our asylum laws to ensure that those most in need are protected?

[Chris Philp]

Yes, I do. We need to reform our laws to make sure that we target our protection at those who are genuinely in need, and we need to show zero tolerance to the ruthless criminals who are preying on human misery.

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

Will the Minister join me in paying tribute to human rights and migration lawyers, who do an essential job in upholding the rule of law and preventing the Home Office from breaking its international obligations under human rights and refugee conventions?

[Chris Philp]

I do not believe that the Home Office breaches its human rights obligations; we take them extremely seriously. We suffer from a large number of very late legal challenges—often repeated legal challenges, brought sequentially on ever shifting grounds—and we are working as hard as we possibly can to make sure that our laws are properly and fairly applied.

[Sally-Ann Hart (Hastings and Rye) (Con)]

Does my hon. Friend agree that our European friends and partners, not just the French, need to do more to help the UK prevent the crossings by focusing more resources and determination on cracking down on the organised criminal gangs across Europe that are exploiting individuals seeking a better life and forcing them on to boats to make perilous journeys across the channel, needlessly?

[Chris Philp]

I completely agree. I think European Governments have a moral obligation, as much as anything else, to join us in the work we are doing to put these dangerous and ruthless gangs out of business. They are taking the most vulnerable people, exploiting them, abusing them and taking money from them. It is completely unacceptable. We are going to take the action that we need to on our side of the channel, and I hope that other Governments around Europe do exactly the same.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Independent Review of Supervision of Terrorism and Terrorism-risk Offenders

Chris Philp Excerpts

Wednesday 2nd September 2020 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

Last November Usman Khan brutally murdered Saskia Jones and Jack Merritt before being shot dead by police on London Bridge. Khan was being supervised by the National Probation Service (NPS) on a post-release licence following a number of years in prison for terrorist offences. He was subject to Multi-Agency Public Protection Arrangements (MAPPA), where the NPS, prisons and police work together with other agencies, including, when it comes to terrorist offenders, the security services to assess and manage the risk presented by known dangerous offenders.

Protecting the public from harm is the first duty of any government, and police, prison, probation and intelligence officers work tirelessly to keep our country safe. However, they can only manage and reduce the risk posed by dangerous individuals, it can never be eliminated entirely. Some offenders will always be determined to sow terror, despite all the efforts made to divert them from extremism.

It is, therefore, imperative that we seize every opportunity to improve our counter-terrorism efforts. That is why, as part of our response to the London Bridge attack, the government asked Jonathan Hall QC, the independent reviewer of terrorism legislation, to review the effectiveness of MAPPA when it comes to managing terrorist offenders and other offenders who may pose a terror risk. The terms of reference were published in January:

https://www.gov.uk/government/publications/multi-agency-public-protection-arrangements-review/terms-of-reference-independent-review-of-the-statutory-multi-agency-public-protection-arrangements

The review includes an annex assessing the tools available to manage radicalised offenders with serious mental health needs.

The importance of this review was further highlighted by the horrific attack in Streatham in February in which two people were stabbed. Thankfully, their lives were saved by the rapid work of the emergency services, and the attacker, Sudesh Amman, was shot dead before he could inflict more harm. He, too, was a convicted terrorist subject to MAPPA management and had recently left prison.

Jonathan Hall’s review did not consider the circumstances that led up to these attacks - separate reviews are still under way.

Jonathan Hall found that MAPPA is a well-established process and did not conclude that wholesale change is necessary. He has made a number of recommendations on how the management of terrorists can be improved and the government, police and prison and probation service have been working on changes in line with many of them. For example, we are already legislating to require terrorist offenders to undergo polygraph testing; in addition, we are also legislating so that other offenders can have their crimes identified as terror-related, even if not terror offences as set out in law.

We are also establishing a division of specialist staff in the NPS to manage terrorist risk offenders, bringing together counter-terrorism expertise in one place and strengthening its work with the police and security services.

This is on top of our wider efforts to tackle terrorism:

Increasing funding for Counter-Terrorism Police by 10% this year to over £900 million.

Doubling the number of probation staff who supervise terrorist offenders.

Strengthening the tools used to monitor and manage extremist individuals, including Terrorist Prevention and Investigation Measures and Serious Crime Prevention Orders.

Ensuring terrorists spend longer in prison, including by creating a minimum 14-year jail term for those convicted of serious terror offences.

We are considering the remainder of Jonathan Hall’s recommendations and hope to set out our response shortly. The full report has been published here:

https://www.gov.uk/government/publications/multi-agency-public-protection-arrangements-review

[HCWS435]

Counter-Terrorism and Sentencing Bill

Chris Philp Excerpts

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

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am terribly sorry, but we have to move on now.

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

Many hon. Members today have reminded the House that our first duty as Members of Parliament is public protection. The very moving contribution of my hon. Friend the Member for Hertford and Stortford (Julie Marson), and the story of her friend, Louise, who was caught up in the terrible terrorist atrocity of 7 July 2005, very powerfully reminds us of that. On that awful day, 52 members of the public were murdered and 784 were injured.

We have heard powerful testimony from other Members who have had personal, first-hand experience of terrorism, including the hon. Members for North Down (Stephen Farry) and for Strangford (Jim Shannon), whose family members suffered at the hands of terrorist murders. My hon. Friend the Member for Rutland and Melton (Alicia Kearns) said that in her professional career prior to coming to this place, she had first-hand experience of the victims of terrorism. That testimony should remind us how important our duty is. By taking this Bill through Report stage, we are discharging that duty to our constituents.

It is worth pausing to say how constructive the discussion on this issue has been, on a cross-party basis, on the Floor of the House here today and previously at Second Reading and in Committee. It is an example of this House and our political system working at its best. Members from all sides of the House can be very proud of the way we have conducted the debate on this extremely important Bill.

Let me turn now to some of the comments raised by colleagues this afternoon, starting of course with my opposite number, the hon. Member for Stockton North (Alex Cunningham), who gave a characteristically detailed speech opening the proceedings. He started by commenting on new clause 1 on the probation service, which stands in his name and those of his hon. Friends.

Let me just take the opportunity to reassure him and other Members, once again, that probation service resources were significantly increased in the spending review last September. Moreover, earlier this year, counter-terrorism police resources were increased by £90 million and we are in the process of doubling counter-terrorist specialist probation officers, in addition to those very large numbers who have been given special training.

In addition, we are deepening multi-agency public protection arrangements. We are also establishing a counter-terrorism step-up programme, so I believe our work in the probation sphere is something all of us can take great confidence in.

[Alex Cunningham]

The Minister is right to mention the additional funds and so on that have been forthcoming, and we very much welcome them, but we have a probation service in crisis. Would he like to comment specifically on the fact that there is a high sickness rate and a 10% vacancy rate? How on earth can they do their job properly if we do not have sufficient of them?

[Chris Philp]

Numbers in the prison and probation service have been increasing over the past few years. As I said, a great deal of extra money was provided in September last year, and that will most certainly have a further positive impact.

I move on to new clause 2, which the hon. Gentleman also commented on, and the question of deradicalisation. We heard evidence in the Public Bill Committee on 30 June, which some Members will recall, from Professor Andrew Silke, Professor of Terrorism, Risk and Resilience at Cranfield University. He told us that, overall, he thinks that the UK’s approach to deradicalisation,

“is seen as one of the better available approaches…internationally”. ––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 30 June 2020; c. 84, Q175.]

That is, again, something we can take great confidence and pride in. Initiatives such as the healthy identity intervention programme, which Professor Silke expanded on at some length, are very effective. That is one of the reasons why reoffending rates for these terrible terrorist offences are only between 5% and 10%.

The shadow Minister asked about financial impact. I confirm, once again, that the cumulative impact on the total prison population will be less than 50 prison places, and the cumulative impact on the probation service will never be more than 50 places. To put that in context, there are about 80,000 people in prison and about a quarter of a million people on probation. On the financial impact, which the hon. Gentleman mentioned, the figure he had in mind may not have been quite accurate. The financial impact, according to the impact assessment, is a one-off cost of £4.2 million at the outset, followed by £900,000 a year thereafter, because these numbers, thankfully, are so small.

[Jim Shannon]

The Minister and everyone in the House will be aware that there have been three attacks in the last eight months carried out by those who were in prison and came out. Does the Minister feel that the investment that the Government are giving here will help to address that issue and will reduce those things happening, which is what we all want to see?

[Chris Philp]

I thank the hon. Gentleman for his intervention. I believe that the measures that we are taking in the Bill, the additional resources given to counter-terrorism policing and the changes we made back in February in the Terrorist Offenders (Restriction of Early Release) Act 2020 will provide exactly the protection he is asking for against ruthless terrorists of the kind he is describing.

On the question of reviews, which new clauses 1, 2, 3, 6 and 7 speak to, as my hon. Friend the Member for North Norfolk (Duncan Baker) pointed out, we already have quite a large number of reviews under way. There is the MAPPA review, being conducted by Jonathan Hall QC. There is, of course, Her Majesty’s inspectorates of prisons and probation, which produce frequent reports themselves. There is the Prevent review, which we will debate in the second group of amendments and, of course, there is the standard three-year review after legislation. With great respect, I think we have a lot of reviews going on. The numbers involved with this legislation are small, and I feel that it will be more than adequately reviewed by the mechanisms I just laid out.

Young people have been mentioned by many Members, in connection with new clause 6 and other clauses. The Bill recognises that those under the age of 18 are different, and no new minimum sentence is applied to them. It is up to the judge to decide in each case, and according to individual circumstances, what is the appropriate sentence for someone under the age of 18. There is a great deal of judicial discretion, for all the reasons laid out by the hon. and learned Member for Edinburgh South West (Joanna Cherry), and others.

I understand the arguments that have been advanced about the ability to reform and rehabilitate those over the age of 18, and possibly extending that into the early 20s, but the cohort of offenders that we are addressing this afternoon is, thankfully, very small—a handful of offenders between the ages of 18 and 21 who have committed offences of extraordinary seriousness. These are terrorist offences where a life sentence can be imposed, where a judge has made a finding of dangerousness based on the facts and a pre-sentence report, and where a risk of causing multiple deaths was present. Given that small but serious number of offenders, I think a 14-year mandatory minimum sentence is appropriate. Rarely, there is the ability for judges to find exceptional circumstances, but when offences are that serious, it is right to take that action and protect the public. There may be other debates to have another time about how quickly people mature and how we should account for that, but for that small and dangerous cohort it is neither the time nor the place to advance that argument.

On legislative consent motions, I thank the hon. and learned Member for Edinburgh South West for her comments about Government amendments 9 to 16, and the changes made to orders for lifelong restriction. She properly raised that matter in Committee, and we fully acknowledged the points that she and her colleagues made, and are delighted to fix the issue this afternoon. On the application of polygraphs in Scotland, as she said, we are in discussion with the Scottish Government. We are edging ever closer to a point of blissful—I almost said “blissful union”—perhaps I should say “blissful unity” to avoid aggravating the question. We are edging towards a position of blissful agreement, and I hope we reach that in the near future.

Some Members questioned the use of polygraphs more generally. We took extremely compelling, and at times entertaining evidence from Professor Grubin, who is a worldwide expert in this area. Contrary to what one Member said, polygraphs are not untested, and 5,000 such tests have been used in connection with sex offenders in England and Wales. In between 60% and 70% of cases, the use of a polygraph elicits information that would not otherwise have come out. That is either because the offender volunteers it—they know a polygraph is going to be used and they volunteer information that they would not otherwise have provided—or because it prompts a negative reading and a follow-up investigation can occur.

I emphasise that nobody is recalled to prison as a result of a negative polygraph test, and nor are they deemed to have breached their licence conditions. It simply prompts further investigation, and while not always accurate, such tests have been found to be useful in prompting that disclosure or further investigation. In that context, I draw the House’s attention to one of the independent reviewer Jonathan Hall’s notes on this topic. On 4 June, paragraph 23, he stated:

“I therefore concluded that polygraph testing is likely to be a valuable additional means of gathering information relevant to terrorist risk for terrorist offenders on licence.”

Jonathan Hall thinks that polygraph tests are an effective and good idea.



On Northern Ireland, the hon. Members for Belfast East (Gavin Robinson), for Strangford and for North Down raised the question of applying the Terrorist Offenders (Restriction of Early Release) Act 2020 provisions retrospectively to Northern Ireland. The UK Government believe that that is a lawful thing to do—that it does not infringe article 7 or any common law principles. We believe that terrorism measures are reserved and that we should treat the United Kingdom in those matters as one, but they do engage parts of the LCM mechanism, and we are therefore in detailed discussions with the Northern Ireland Justice Minister, Naomi Long. I had an hour-long conversation with her earlier this week and, again, we hope to make progress on that point in the coming week or so; I think she will come back to me in the very near future. I stress that these provisions affect terrorist prisoners on both sides of the divide in Northern Ireland equally. They do not seek to penalise or victimise any one side or the other; they apply equally, and I ask Members to keep that important point in mind.

--- Later in debate ---

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

It is a pleasure to see the hon. Member for St Helens North (Conor McGinn) on the Opposition Front Bench. I have a lot of sympathy with what he said, and I hope the Minister will address the points he made, because we want to be constructive. We all support the overall thrust of the Bill, but my concern, as Chair of the Justice Committee, is that we do not do anything—albeit inadvertently and for good reasons—that undermines the checks and balances that are a normal part of the criminal process.

That is why the change in the burden of proof in relation to TPIMs needs more justification put behind it. Jonathan Hall QC, the independent reviewer of terrorism legislation, is highly regarded in this field, and the Minister has quoted him with approbation on a number of occasions. In this instance, he does not regard the case as being made out. If the Minister takes a different view, with respect, we need something more substantial as to why that is the case. There may be good reasons, but it cannot be done on a purely speculative basis. It cannot be on the basis that it may be useful to have this wider test. It might engage some people outside the jurisdiction in ways that we cannot currently in terms of gathering evidence and intelligence, but that case has to be made. Having voted on two occasions to increase the burden of proof to where it currently is, I would like to have a pretty clear sense that there is a compelling reason for reversing those decisions—and there may be, but I think the Minister owes it to us to set that out, and we need Mr Hall to set out why he comes to a different view. We may be persuadable, but it is important that the case is made and that the House understands that.

I accept that there is an overall three-year time limit on the working of the Bill, but I am concerned that, without a time limit, the TPIM will become the default mechanism and more like a control order. We surely all ought to recognise that, wherever possible—wherever proper, admissible evidence can be obtained and proceedings can be safely and securely brought—if people have done the vile things that we are talking about, which pose a real criminal threat to the security of this country and its people, the normal and proper course ought to be to prosecute through the normal due process. An alternative means of dealing with this should only be undertaken in the most exceptional circumstances. I can see that there may sometimes be such circumstances, but again, that case needs to be spelt out.

The third issue that I wish quickly to deal with is polygraphs. The Law Society takes the view that the suggestion of the use of polygraphs in some of these circumstances is more to persuade people psychologically —that is the phrase it uses in its briefing—against breaching the orders. That may be valuable in itself, but we ought to be wary of the limits of polygraphs’ usefulness. There are mixed views in academic, scientific and legal circles about the reliability of polygraphs. I do not have a fixed view about them, but I think we should approach their use with caution and proportionality.

[Chris Philp]

rose—

[Sir Robert Neill]

I am always happy to give way to my hon. Friend and near neighbour.

[Chris Philp]

My hon. Friend and south London neighbour is kind for giving way. Let me reassure him on his point about the limits of polygraphs. We understand and accept that they have limits, which is why a negative polygraph result on its own can never result in a recall to prison or licence conditions being deemed to have been broken. All a negative polygraph result could do is prompt further investigation by other means, which I hope provides him with the reassurance he seeks.

[Sir Robert Neill]

That is a very helpful reassurance for today’s purposes, and I am grateful for the spirit in which the Minister said that. It is an important point, and I am glad that he takes this on board. Sometimes, for the best of reasons, there can be a mission creep with these measures, which could lead to a broader spread of their use in the criminal justice system, and that would be a matter of concern. If he says that the use is very specific, I accept his word on that, but it is important that we continue to keep this under review and do not have unintended mission creep. As we all know, it is often easy to present perfectly benign and reasonable reasons for doing something that departs from the normal checks and balances, but it then becomes entrenched and permanent and spreads.

In that spirit, I take the Minister’s assurance, but he will understand why it is important that that issue is debated and that reassurances are given that the overall integrity of the justice system will not be affected by these changes. That has dealt quickly with the issues that I sought to raise. It was perhaps a record brevity, but I hope that brevity does not reduce the import of the issues raised.

--- Later in debate ---

[Chris Philp]

I thank the Members who have contributed to a very thought-provoking debate this afternoon. I would like to reply, if I may, to some of the points that have been raised. I will start with the first question raised by the shadow Minister, the hon. Member for St Helens North (Conor McGinn), about a lone actor review—new clause 8. I know he has had what I hope was a lengthy and fruitful conversation with the Minister for Security earlier today. He will of course be aware that the Prevent review we have been talking about touches on this, but the MAPPA review will also significantly engage with this topic.

I have been endeavouring to obtain a firm date for publication during the last few minutes. I am afraid the best I can do from this Dispatch Box at the moment is to say that it will be soon—as soon as practical. I hope it will be within the timeframe the hon. Gentleman was asking for, but I am afraid I cannot give him a precise date. However, it is imminent, and we will do it as soon as we possibly can. I believe the MAPPA review will cover many of the issues that the shadow Minister has been raising in relation to the lone actor threat that he and his colleagues have been discussing.

Let me turn to the substantive questions about TPIMs that arose both this afternoon and in Committee. Let me start with what the hon. and learned Member for Edinburgh South West (Joanna Cherry) termed the business case or the operational case: why are we proposing to lower the burden of proof? The hon. Members for St Helens North and for St Albans (Daisy Cooper) and my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) raised the same question.

The best answer I can give the House to that question—what is the business case for changing the burden of proof?—is the evidence given to the Bill Committee by Assistant Chief Constable Tim Jacques, one of the national counter-terrorism policing leads, who had been briefed by the security services prior to giving his evidence. In his evidence, which is available in Hansard, he gave us three reasons why a lower burden of proof—a reasonable suspicion—would be better and would protect the public. The first reason he gave is that, where an individual’s risk profile is rapidly increasing, there may not be time to establish the higher burden of proof before a threat or a risk materialises. Secondly, he said that where somebody is returning from abroad—for example, from Syria—it is very hard to establish an evidential base that, on the balance of probability, someone has been involved in terror-related activity because, by definition, getting evidence from somewhere like Syria it is very hard, if not impossible. The third reason he gave was where sensitive material needs to be relied on: disclosing that material to get to the balance of probability would potentially endanger sources—confidential sources—and it is clearly easier to get to the reasonable suspicion standard without disclosing the material. Those are the three reasons he gave. [Interruption.]

To pre-empt the intervention that I sense the hon. and learned Member for Edinburgh South West is brewing, I accept that it is true historically—looking back—that there has not been an occasion on which the security services wanted to give a TPIM but could not do so because of the burden of proof. There is no such historical example, and I freely concede the point. I suspect that was the topic of the intervention. [Interruption.] Sort of. However, as my hon. Friend the Member for Hertford and Stortford (Julie Marson) said in an intervention, we have to deal in this House not just with what has happened in the past but with what might happen in the future.

We have been clearly advised by Assistant Chief Constable Jacques, and through him by the security services, that this measure is necessary to protect the public. When the assistant chief constable gave evidence on 25 June, I asked him explicitly whether the lower standard of proof would make the public safer. He answered, categorically, that yes it would.

[Joanna Cherry]

The Minister anticipates my objection, so perhaps I can refer him to what the assistant chief constable said in response to me during the evidence session on 25 June. I asked:

“So where there is a rapidly escalating situation or where there is a need to manage sensitive material, we already have available to us the option of a new variant TPIM without changing the standard of proof.”

and he replied:

“Well, a TPIM is a TPIM. We have the option of a TPIM to manage that case, yes, as it currently stands. MI5 has pointed out that there is no case thus far where the standard of proof has been a blocker.”––[Official Report, Counter-Terrorism and Sentencing Public Bill Committee, 25 June 2020; c. 23, Q58.]

[Chris Philp]

As I said, I accept that. There have not been any historical cases where the standard of proof has been a blocker, but we have been categorically advised by the security services, speaking through Assistant Chief Constable Jacques, that it might occur, and that these proposals will make the public safer. He said that categorically, and I do not think that the House could, or should, disregard such clear advice. In relation to Jonathan Hall’s comments, I suspect that he may not have heard the evidence that I read out. He gave evidence to the Committee immediately before Assistant Chief Constable Jacques. His evidence was new to the House and to Parliament, and we did not have it on Second Reading. We do have it now, however, and we should have careful regard to it.

A number of Members raised questions about civil liberties, and not wishing to intrude on an individual’s freedom, and I will directly address those points. I will do so with reference to the original Terrorism Prevention and Investigation Measures Act 2011. By lowering the burden of proof, we are changing only one of five limbs. The other four limbs remain exactly as they are, and one of those, laid out in section 3 of that Act, states that the Secretary of State must reasonably consider whether the TPIM is “necessary”—I use that word carefully—for purposes connected with protecting members of the public. Subsection (4), condition D, states that the Secretary of State must consider whether a TPIM is

“necessary, for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity,”

That test of necessity goes far beyond the reasonable suspicion referred to in the first limb. The requirement for necessity is unchanged.

The hon. Member for St Albans said that this measure could be introduced on a Minister’s whim, and that a Minister could impose a TPIM with the sweep of a pen. I say to her gently, however, that that is not the case and there are judicial safeguards in the 2011 Act. For example, section 6 of that Act states that when a TPIM notice is given, the Secretary of State must go to the court and make an application, and the court has to verify or validate that the TPIM is reasonable, and certify that it is not “obviously flawed”. There is judicial certification.

Section 16 of the 2011 Act provides for a right to appeal. If the subject of a TPIM feels that they have been unfairly treated, or that the TPIM is unjustified, they can apply to the court in a process akin to a judicial review, and apply to have it overturned. There are judicial safeguards to protect individuals from unreasonable actions by the Government.

In the many years that TPIMs have been in operation since 2011, and in the six years when control orders were in place from 2005, the numbers used have been small. There were never more than about 15 to 20 control orders in force at any one time, and we heard evidence that as of today only six TPIMs are in force. That is a very small number, as they are used only in exceptional circumstances. When I asked Jonathan Hall whether he believed that any Government, including the previous Labour Government or the more recent Conservative Government, had ever abused the power provided by TPIMs or control orders, he answered that no, he was not aware of any such abuse. I would add that a former independent reviewer of terrorism legislation, Lord Carlile, has expressed support for the measures in this Bill.

Let me turn to the issue of time and how extendable TPIMs are. They currently expire after two years. We propose to make them extendable in one-year increments, as were the old control orders passed by the then Labour Government and indeed supported by some Members in this House this afternoon. We heard evidence from Jonathan Hall that there was risk where a TPIM ended after two years, as there could be a gap. He knew of two real cases where that occurred, with a gap of one year in one case and a gap of 16 months in the other before a new TPIM could be obtained. That is because we have to get fresh evidence; we cannot rely on the old evidence and we have to wait for somebody to do something wrong again to give us the grounds to renew the TPIM. Max Hill, when he was independent reviewer of terrorism legislation in 2017, said that some terrorists were “biding time” waiting for the TPIM to simply time out.

In fairness to the last Labour Government, even though the previous control orders could be extended year by year, in practice most of them were not: 30 of them were for less than two years; eight were for between two and three years; four were for between three and four years; and only three extended for between four and five years. Again, the subject can apply for judicial review if they think the TPIM extension is unfair, so a judicial protection is in place.

I have two quick final points to make. In terms of prosecution, which my hon. Friend the Member for Bromley and Chislehurst asked about, there is a duty under section 10 of the 2011 Act that requires the Secretary of State to seek prosecution where appropriate. On Prevent, let me say that the statutory obligation to carry out the Prevent review remains. There have been some delays, because the independent reviewer had to be replaced and then we had the coronavirus pandemic. Our commitment to do it remains in statute. Obviously, specifying a date caused a problem before, and we do not want to repeat that mistake. We hope and expect that this will be done by August of next year, but we feel that, given the experience of the recent past, putting that date in the Bill would simply be setting a bear trap. So I hope that I have laid out the case for resisting these amendments.

[Conor McGinn]

In the brief time available, I wish, first, to thank the Minister for addressing some of the concerns we have raised, not just today on Report, but through a thorough examination of the Bill in Committee. Although Labour Members wholeheartedly support robust action to keep our country and our citizens safe, and to tackle terrorism and its causes, it is the duty of any responsible Opposition to examine fully the Government’s proposals. I feel that we have done that, with the assistance of Scottish National party and Liberal Democrat Members, those from other parties in the House, and colleagues on the Back Benches.

The Minister and the Government should listen carefully to the very personal testimony given by my hon. Friends the Members for Coventry South (Zarah Sultana) and for Poplar and Limehouse (Apsana Begum), and indeed by my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott). Although I might not have agreed with her on every crossed t or dotted i, or even on whole words or sentences on occasion, she does speak with the voice of years of experience in this House and a commitment to these issues. She also, like Members who spoke from these Benches, speaks authoritatively and with great passion on behalf of the constituencies and communities she represents. The Government should listen to them, which was why I made the points I did about the importance of not only getting this Prevent review right but getting on with it, to give the clarity and confidence needed, and to address some of the challenges and controversies associated with it.

I was hoping that we might receive a commitment from the Government to publish their MAPPA— multi-agency public protection arrangements—review before we got to consideration in the House of Lords, because it is important, given the removal of the statutory deadline for Prevent and given that the Opposition have proposed a review on lone actors, to have some timeframe on that. I appreciate and understand that the Minister has made valiant efforts to do that, but I regret that it has not been forthcoming to date. I hope that in considering the request for a review on lone actors, the Government understand that we do so in a constructive spirit.

[Chris Philp]

The Lord Chancellor has appeared, as if by magic, behind the Speaker’s Chair and has indicated to me by eloquent gesticulation that the MAPPA review will indeed be published before the consideration of the Bill in the other place.

[Conor McGinn]

I thank the Lord Chancellor and the Minister for that commitment. The robust exchanges we have had have been in the context and spirit of working constructively on a Bill of huge importance, which is concerned with keeping our country and its citizens safe. Our proposals for that review are in keeping with that view. We await to see what the MAPPA review by the independent reviewer of terrorism legislation comes forward with. Colleagues in the other place will no doubt wish to scrutinise that. On that basis, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Clause 4

Serious terrorism sentence for adults aged under 21: England and Wales

Amendment proposed: 30, page 5, line 35, at end insert—

“(7) The pre-sentence report must —

(a) take account of the offender’s age;

(b) consider whether options other than a serious terrorism sentence might be more effective at—

(i) reducing the risk of serious harm to members of the public, or

(ii) rehabilitating the offender.

(8) The court must take account of any points made by the pre-sentence report in relation to the matters in subsection (7) and consider whether they constitute exceptional circumstances under subsection (2).”.—(Alex Cunningham.)

Question put, That the amendment be made.

Oral Answers to Questions

Chris Philp Excerpts

Monday 13th July 2020 Commons Chamber

[Marion Fellows (Motherwell and Wishaw) (SNP)]

What assessment she has made of the adequacy of support and accommodation for asylum seekers during the covid-19 outbreak.

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

We remain committed to providing support and accommodation to those who need it, but, in addition to that free accommodation, we also pay for utility bills and council tax. Free NHS care is available to those who need it, and there is free education for those with children. In addition, for three months, starting on 27 March, we paused the process of asylum cessation, and a 5% increase in the cash allowance was made just a few weeks ago.

[Patrick Grady]

Is the Minister suggesting that he would not give these things to people who need them, no matter what their background or where they come from? He was good enough to meet Glasgow’s MPs, but the reality is that the forcing of more than 300 vulnerable asylum seekers into hotels by the contractor Mears has significantly damaged trust in the system. To rebuild that trust, there has to be an independent review and lessons learned, so what steps is he taking to ensure that that review happens?

[Chris Philp]

The hon. Gentleman is right to say that 341 people were moved at the end of March from temporary serviced apartments into hotel accommodation, because those apartments were considered unsuitable, bearing in mind coronavirus. He is also right to say that I have been meeting Glasgow MPs, and I will, of course, continue to do so. I have twice met Aileen Campbell, the Cabinet Secretary for Communities and Local Government, and the leader of Glasgow City Council, and I have committed to continue such meetings—he and I have spoken about that. He and his colleagues have raised specific concerns about the hotel accommodation, and I have asked Home Office officials to look into those urgently and report back to me.

[Marion Fellows [V]]

The requirements in the asylum accommodation contracts to safeguard vulnerable people are vital, yet the recent National Audit Office report discloses that the contract fails to provide for proper monitoring of them or sanctions for breaches. Will the Minister fix that? Will he explain why no safeguarding framework is in place yet, despite this contract being worth billions of pounds of public money?

[Chris Philp]

We are, of course, studying the report very carefully. As the House would expect, we do monitor carefully the way the contractors operate. Where concerns are raised, as they have been in relation to Glasgow by Glasgow MPs and others, we look into them and investigate them seriously. That is what we are doing in the case of Glasgow.

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

The NAO report mentioned by my hon. Friend the Member for Motherwell and Wishaw (Marion Fellows) is about not just value for money but people. Asylum seekers are, by their very nature, vulnerable people, with many of them being survivors of trafficking or ill treatment, including torture. Yet under the existing Home Office contracts with private companies, it is possible for those companies to shove hundreds of these asylum seekers into hotels without doing proper individual assessments of their vulnerabilities. The NAO report records that 10 months into these contracts there is no safeguarding framework. Can the Minister give us a date on which he will introduce a safeguarding framework for these private company contracts?

[Chris Philp]

The hon. and learned Lady asked about vulnerability assessments. In the Glasgow case we are discussing, vulnerability assessments were undertaken before people were moved, and I understand that 109 people who might have been moved from the temporary serviced accommodation into the hotels were not moved as a consequence of exactly that vulnerability assessment. She made a more general point about taking care of people who are vulnerable. This country has an extremely proud record in this area: last year, we made 20,000 grants of asylum or protection, which is one of the highest levels in Europe; we welcomed more than 3,500 unaccompanied asylum-seeking children, which is the highest level for any European country; and we are the only G7 country to spend 0.7% of gross national income.

[Joanna Cherry]

I thank the Minister for his answer, but I am sure he will recall that there was a degree of uncertainty about the nature of the assessments carried out in Glasgow, and I am sure he will agree that having a safeguarding framework would ensure that that sort of oversight would not happen again. He mentioned meeting the leader of the Glasgow City Council. He will be aware that many local authorities are concerned that, although the Home Office is happy to pay billions to private companies under these asylum contracts, no assessment has been made of the additional demands this places on local authority resources. Local authorities are concerned that the proper financial support they need is as far away as ever. How does he expect more local authorities to become asylum dispersal areas if the Government will not give existing local authorities the support they require?

[Chris Philp]

National Government provide a huge amount of support and finance to help asylum-seeking populations. We pay for all the accommodation. We pay for the council tax, which of course goes to local authorities, and for utility bills. Those who need healthcare are treated by the NHS, and of course funding for that flows from central Government. Those requiring education are educated, and there is a per capita funding formula to cover that. National Government are spending a huge amount of money supporting those populations. As the hon. and learned Lady said, the figures run over multiple years into billions of pounds. I am always happy to talk to local authorities about the work that they do and how we can work better together. I am already doing that with Glasgow City Council, and via the Cabinet Secretary for Communities and Local Government, Aileen Campbell, I hope to expand those conversations to cover other towns and cities in Scotland.