Covert Human Intelligence Sources (Criminal Conduct) Bill

Chris Stephens Excerpts

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

[Joanna Cherry]

I rise to speak to amendments 25, 23 and 22, and new clause 7 in the name of the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman). She has asked me to do so because she is operating on a proxy vote at the moment. She has asked me to remind the Committee that these amendments, as well as having her support and cross-party support, also reflect concerns on the part of the Joint Committee on Human Rights, of which she and I are both members. I will run through them quickly and not address them in detail because we have heard a lot of good speeches and I want to make a couple of points that have not been made.

Amendment 25 and new clause 7 relate to judicial oversight of the grant of authorisations. They would not be effective until there was judicial authorisation from a judicial commissioner and there would be a test of reasonable grounds. Amendment 23 relates to the grounds for granting authority. As with amendments tabled by other hon. Members, we wish to take out references to preventing disorder and to economic wellbeing. Amendment 22 deals with imposing clear and specific limits on the types of crimes that could be authorised, which is done by other Five Eyes countries. I will come to that in a moment.

I also wish to speak to new clause 6 in my name and that of my hon. Friend the Member for Glasgow South West (Chris Stephens), which also has cross-party support. It reflects concerns of the National Union of Journalists in relation to matters that we discussed previously when the Investigatory Powers Act was going through the House and there was a successful campaign to require prior judicial authorisation when any application was made to identify confidential journalistic sources. Currently, those applications must be given prior authorisation by a judicial commissioner. Our fear is that this Bill, as currently framed, would give back-door access to identifying sources, so new clause 6 attempts to deal with that.

I wish to give my support and that of the Scottish National party to amendments tabled by the hon. Member for Streatham (Bell Ribeiro-Addy) in relation to trade union protection; I know that my hon. Friend the Member for Glasgow South West has worked hard on those matters. I also support amendments 20 and 16 in the name of the right hon. Member for Orkney and Shetland (Mr Carmichael) and new clause 8 in the name of the hon. Member for Walthamstow (Stella Creasy).

Like others, I am extremely concerned about the fact that the Bill is being railroaded through. The indication that not even the modest amendment put forward by the Intelligence and Security Committee will be taken on board by the Government suggests that they are not giving the time of day to amendments lodged by others as we hoped for on Second Reading.

I mentioned what other Five Eyes countries do. The approach that the UK Government want to railroad through in the Bill stands in stark contrast with that of two of our closest allies: the United States of America and Canada, which are two of our closest Five Eyes intelligence partners. The Canadian Parliament prohibits serious offences from these sorts of authorisation, including murder, torture and violating the sexual integrity of an individual. Canada’s intelligence service can only use its authorisation process to give agents a defence to prosecution, rather than any blanket immunity. In America, the FBI has for many years run agents using guidelines that expressly ban certain criminal conduct. According to guidelines issued by the US Attorney General, the FBI may never authorise an informant to

“participate in any act of violence except in self-defense”.

The approach of the United Kingdom Government is without precedent. That is why my colleagues and I in the SNP will not be taking any lectures from Government Front Benchers or Back Benchers about our commitment to the security of these nations or the prosecution of serious crime.

The Bill has some implications for devolved powers, because in Scotland the prosecution of serious crime is a devolved matter. I regret to say that, while there has been regular engagement with the Scottish Government and Scotland’s Lord Advocate in relation to aspects that will impinge upon the investigation and prosecution of serious crime in Scotland, the expectations of the Scottish Government and our chief Law Officer have not been met so far by the Government, particularly in respect of independent judicial oversight and prosecutorial independence. As the Bill stands, in so far as it impinges on the prosecution of serious crime in Scotland, the Scottish Government will not be able to recommend a legislative consent motion.

My colleagues in the Scottish Government, like others in this House, recognise that, because of recent litigation, there is a need to provide a statutory footing for the security services and law enforcement agents to sanction some lawbreaking when serious crime is being investigated by covert human intelligence sources. But we think that the Bill goes far too far, and we are frankly exasperated by the lack of time given for scrutiny of the Bill and the Government’s attitude towards the many and varied amendments lodged, which is typified by the fact that they do not even seem prepared to accept the modest amendment tabled by the Intelligence and Security Committee.

I want to say something about the human rights aspect. On Second Reading and during this debate, there have been claims that the Human Rights Act is a sufficient safeguard, so we do not need to delimit the offences that can be authorised. That is wrong, and it is close to a disingenuous claim by the Government. The Government themselves, in the third direction case before the Investigatory Powers Tribunal, argued that the Human Rights Act does not apply to crimes committed by CHIS. They said:

“the state, in tasking the CHIS… is not the instigator of that activity and cannot be treated as somehow responsible for it… it would be unreal to hold the state responsible.”

That position is repeated in the human rights memorandum published with the Bill, which claims that

“there would not be State responsibility under the Convention”—

the European convention on human rights—

“for conduct where the intention is to disrupt and prevent that conduct, or more serious conduct… and/or where the conduct would take place in any event.”

Based on that analysis, an informant could be authorised to actively participate in shooting on grounds that the perpetrator intended to disrupt crime or that the shooting would take place in any event. I just think that is frankly wrong, and I think we are being given false reassurance by reference to the Human Rights Act. I will not push my amendment to a vote, or any of the amendments in the name of the right hon. and learned Member for Camberwell and Peckham, but the Scottish National party will support any other amendments that would ameliorate the Bill.

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

On human rights, there is a very real concern about the practice of blacklisting. Obviously the construction industry found its blacklist, but other sectors of the economy have still to find theirs. Is my hon. and learned Friend concerned, as I am, that in years to come someone will find themselves on a blacklist because of this legislation, and because there is no legal protection in this legislation?

[Joanna Cherry]

I do share that concern. I really do not understand—others have eloquently made this point—why organisations indulging in lawful activity, such as trade unions and, indeed, other green activists, are required to be infiltrated by these sorts of covert human intelligence sources.

It is all very well to say that there is guidance. I listened carefully and with respect to those who are members of the Intelligence and Security Committee, because I know that they have information that the rest of us do not, but guidance is not good enough; it needs to be in the Bill. We are dealing with a Government who recently made commitments in an international agreement that they now evince the intention to break, so I will not apologise for saying that I do not have much trust in them. I want to see proper protections for civil liberties in the Bill. Without them, the Scottish National party will vote against it.

No Recourse to Public Funds

Chris Stephens Excerpts

Thursday 8th October 2020 Westminster Hall

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

It is a pleasure to see you in the Chair, Ms Nokes. Obviously, with this debate being a home affairs-style debate, you must have your own reflections on it. I certainly reflect that all too often in the last Parliament, it was your good self who had to defend the indefensible in terms of Home Office actions. We will see whether the Minister who is here today reaches the same standard.

I thank the Backbench Business Committee for granting this debate, and I pay particular tribute to my good friend the right hon. Member for East Ham (Stephen Timms), the Chair of the Work and Pensions Committee, which I sit on. He is chairing it with distinction. During his contribution to this debate, I remembered what was for me one of the political television moments of the year: the right hon. Gentleman having to explain to the Prime Minister what “no recourse to public funds” actually means. It was an almost “Playschool”-like exchange, as he had to explain to the Prime Minister what those words mean.

In his speech, the right hon. Gentleman also explained his extraordinary exchanges while putting parliamentary questions to the Home Office. I have to say that was very familiar. I think that it is something that we have all experienced with some of the parliamentary answers that we get back, particularly the one that says that “due to disproportionate cost”, an answer cannot be provided. I have often thought that I should perhaps table a question asking just how many answers are couched in those words: “The answer cannot be provided due to disproportionate cost”. I wonder whether the answer will indeed be that they will not be able to provide the answer, because of disproportionate cost.

[Ian Paisley in the Chair-]

Mr Paisley, I want to give the clear view of the Scottish National party, which is that the coronavirus does not respect borders or immigration status, and that everyone in these islands, including those with no recourse to public funds, deserves help to get through the crisis without facing destitution. The SNP, like other political parties, has been clear that the policy must be suspended, so that we can support people through this unprecedented public health crisis. Both the Select Committee on Home Affairs and the Select Committee on Work and Pensions have called for it to be lifted temporarily, as has been alluded to. It was incredible to see the most recent updates from the Home Office, stating that it had no plans to change they approach. The economic impacts of the pandemic are pushing thousands of people further into poverty and harming their employment opportunities.

In April we saw what can be possible when the political will is there, as thousands of vulnerable people in the UK were given support and shelter during the first wave of the pandemic. As the charity St Mungo’s said at the time,

“People say it’s not possible to end rough sleeping, but we’ve always maintained that it is, with the right attitude and money.”

Yet six months on, homelessness is again on the rise, with a 33% increase in the number rough sleeping on London streets between April and June this year.

Our other concern is that no recourse to public funds is a racially discriminatory policy, and we believe it should be scrapped without delay. It is more likely to affect black and minority ethnic British children than white British children. It only contributes to the ongoing hostile environment that we believe the Government are intent on creating. Scrapping the policy would be a concrete step towards tackling inequality in these islands, particularly in the light of the findings of Public Health England and Scotland’s independent expert reference group about the disproportionate impact that the covid pandemic has had on BAME communities. We come from the view that everyone in these islands should have the right to get access to support, which is particularly vital during the pandemic, regardless of their status. However, owing to the policy, many people have been left behind because of the lack of support, which has led them to being pushed further into hardship through no fault of their own.

We certainly come from the view that the UK Government’s refusal to do the right thing and immediately lift the restrictions on those with no recourse to public funds for the duration of the public crisis is appalling. The unreasonable and heartless restriction also affects women and children fleeing domestic abuse who have had to leave their little resources and belongings, and non-EEA nationals who lost their incomes and found themselves far from their families and homes as a result of the pandemic. We received an excellent briefing from the Unity Project, based in London, and I received a similar one from the Unity centre based in Govan, in Glasgow. Who is affected? The impact is severe. The briefing tells us that 52% did not have a bed to sleep in; a third share their bedroom with their children, and 6% of single women have experienced street homelessness with their children.

Can the condition be removed, as we have heard in the debate? First, it can take too long. People suffer every day they have to wait. Organisations provide support to people to try to get restrictions lifted but they have had to wait four months for a decision. Many people do not know that they are eligible to apply for the restrictions to be lifted in the first place. It is a 20-page form and often requires hundreds of pages of evidence, which can be utility bills, evidence that has to be got from an informal landlord, or a letter from an exploitative employer, so there are real problems. The other problem, of course, is the whole system. Applicants can be unlawfully refused. In many cases support organisations have successfully challenged the decisions of the Home Office through judicial review and the national success rate for applications was 62% before the pandemic. There are real concerns about the policy under which people try to secure the lifting of a restriction.

The effects on women, children, people with disabilities, Commonwealth citizens and those who are subjected to domestic abuse are a real concern, but so is the fact that the policy has been ruled unlawful in the past. The whole operation of the policy has been brought into disrepute in court cases in 2014 and 2019 and during lockdown in 2020. In the most recent hearing, the High Court ruled that the policy was unlawful, because it did not prevent destitution and left the claimant, an eight-year-old boy, street homeless with his mother. The policy has since been adjusted, but continues to be subject to legal challenge. That is a real concern.

I have a couple of questions. Will the Minister explain specifically how single parents affected by no recourse to public funds are expected to pay rent and feed their family in scenarios in which they test positive for covid and have to self-isolate, are laid off and unable to find employment, or have health conditions that put them at particular risk from the virus?

Will the Minister also tell us if he will launch an inquiry into the impact of the “no recourse to public funds” policy? According to the Government’s 2012 policy statement, the policy was introduced to

“reduce burdens on the taxpayer, promote integration and tackle abuse”,

within an immigration system that is

“transparent, clear, consistent and fair.”

I can only say to the Minister that, since I arrived in this place in 2015, I have not regarded the immigration system to be transparent, clear, consistent or fair. What concrete evidence will the Minister provide to show that the policy is meeting those stated objectives?

We have heard some real life examples. My fellow Glaswegian, the hon. Member for Brent North (Barry Gardiner), gave some horrific examples of the policy, and many more have been covered. I will close on the Prime Minister’s response to the right hon. Member for East Ham on television. People affected by the “no recourse to public funds” policy often pay income tax, national insurance and council tax, but they face those exorbitant immigration charges that have been referred to. If they are taxpayers in need, they should be entitled to public funds. I support those who believe that the policy should be scrapped.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Chris Stephens Excerpts

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

[James Brokenshire]

The hon. Lady makes a serious point. First, there is no retrospective effect—it is quite important for me to state that explicitly. Therefore, actions that have occurred in the past and are subject to further inquiry, and potentially further criminal investigation, are untouched by the Bill. On the position moving forward, I have explained the different safeguards. She refers to trade union activity. Trade union activity is lawful. I recognise some of the concerns expressed, and it is important that I state that in order to provide assurance. This is tightly bound—it is about providing the oversight, the governance and the proportionality and setting out the necessity of this for criminal justice, security and other issues that I have already alluded to. I am grateful to her for intervening to allow me, I hope, to be more specific on that point.

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

On the previous intervention, there are real concerns about women who are seeking legal redress for sexual assaults at the hands of police officers in the spy cops inquiry. Can the Minister guarantee that if those situations were to occur again, survivors of sexual assault could seek legal redress?

[James Brokenshire]

I can certainly say that there are clearly ongoing inquiries in relation to this important and sensitive issue. I have highlighted the lack of any retrospection, and I point the hon. Gentleman to what has happened since then and what the police themselves have underlined in this regard. There is an enhanced regime of what are known as relevant sources—in other words, undercover police officers—and the criminal conduct authorisation is in addition to the regime to authorise and approve a CHIS covert source in the first place.

It has never been acceptable, as the police have said, for an undercover operative to form an intimate sexual relationship with those they are employed to infiltrate and target, or who they may encounter during their deployment. This conduct will never be authorised, nor must it ever be used as a tactic in deployment. That is made clear through the code of ethics for the police as well as the updated law enforcement agency undercover operative authorised professional practice.

I hope that I have explained what the Bill does and what it does not do, and therefore how it is quite specific. On the point about what is on the face of the Bill, it is about locking in the existing regime and other safeguards on the authorisation of a source in the first place. That has to happen first, and then, if it is warranted, justified and fits within the boundaries of the Bill, there is the criminal conduct authorisation that sits alongside it, which has to be subject to the earlier authorisation.

Channel Crossings in Small Boats

Chris Stephens Excerpts

Wednesday 2nd September 2020 Commons Chamber

[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.

Covid-19: Support and Accommodation for Asylum Seekers

Chris Stephens Excerpts

Monday 29th June 2020 Commons Chamber

[Chris Philp]

Yes, I can categorically confirm that. The safety of our citizens is this Government’s highest priority. Where people, including asylum seekers, commit very serious offences, we will take appropriate action through the criminal justice system. But if someone who has been granted asylum commits a very serious offence, we are able, consistent with the refugee convention, to seek to remove that person. If somebody comes here and accepts our welcome and our hospitality but then commits a very serious criminal offence, endangering the public, it is right that that person should be eligible for removal, as allowed by the law.

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

Thank you, Mr Speaker, for your kind words to the people of Glasgow. It was a tragic and horrific scene, and it was a traumatic experience for those injured and those caught up in it who were living in the hotel, many of whom have had traumatic experiences in their lives, coming from war-torn countries or as trafficked women. I thank the Minister for committing to a meeting—the quicker the better, as far as I am concerned. I ask this question in general terms, not about the incident on Friday. Can he confirm what Mears confirmed in a press conference on Thursday morning: that those who were placed in hotel accommodation did not have a vulnerability risk assessment? Does he think it is right that trafficked women have been in hotels for 12 months?

[Chris Philp]

The 321 people moved into hotel accommodation in Glasgow have been there for around three months. As I said, work is under way, including this afternoon, between Home Office officials and Glasgow City Council to get them moved back into more regular accommodation as soon as is logistically possible. In terms of risk assessments, I mentioned before that all asylum seekers are interviewed at great length, including about various vulnerabilities, at the point when their asylum claim is made. In terms of ongoing vulnerability assessments, perhaps when people are being moved from A to B, I will have to look into that and get back to the hon. Gentleman.

Covid-19: Asylum Seeker Services in Glasgow

Chris Stephens Excerpts

Wednesday 17th June 2020 Commons Chamber

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

Mr Deputy Speaker, I hope before I start the debate that you will allow me to say a few words about the scenes in George Square this evening. A peaceful protest—a peaceful protest—of those who wish to campaign about the conditions of asylum seekers has been met by a counter-demonstration of the far right who sought to disturb that particular demonstration. I am sorry to see scenes of violence on social media in relation to the protest. Let me be quite clear that I condemn the racism of the far right and I celebrate those who wish to protest about the unfair conditions that asylum seekers are faced with in Glasgow. No doubt further news will develop as this debate goes on, but I want to make it quite clear that this demonstration tonight had nothing to do with statues, but was to address the issue of conditions in the city.

I thank you for allowing me to say that, Mr Deputy Speaker, and I thank Mr Speaker for granting this Adjournment debate on a topic that has gained much media interest both in the mainstream media and the new media outlets with some horrific stories of asylum seekers and their treatment by the Home Office contractor. We have also seen the sorry sight of asylum charities having to submit supplementary written evidence to the Home Affairs Committee in response to Mears, the Home Office contractor, and the claims of how asylum seekers are being treated in Glasgow. We have seen the campaigning ability of organisations such as Living Rent and the No Evictions! campaign, organising to help their friends and neighbours.

There are a number of issues: first, the Home Office cannot be allowed to regress to business as usual, and it must fit with—and not fetter—devolved Government and local authority public health recovery plans. I want to focus much of my remarks today on the asylum support regime, and the need for Ministers to act responsibly in full compliance with public health policy and, as such, with local and devolved Government covid-19 recovery plans.

I must start with the asylum support rates. I understand that the Minister is well known for collecting data, so he will know that the asylum support moneys are only at about 42% of the social security breadline. That is not a lot and is less than every other person in this country is entitled to. I am not a data man. I am more interested in real life, so, to illustrate, the data tell us that a 300-page pad and six pens are sufficient for a child’s home education. That is what the methodology states, but even with the pitiful amount of £39 a week, the Home Office only raised the old rate by 26 pence per day. I see asylum-seeking families every day. There are 2,000 of them in Glasgow and I can tell you, Mr Deputy Speaker, that 20 pence per week is pitiful. The difference that makes is that a child can ask their mum or dad to get them a tiny chocolate Freddo bar.

[Christine Jardine (Edinburgh West) (LD)]

I thank the hon. Member for giving way. Does he agree that there are wonderful facilities in Glasgow for asylum seekers, but that asylum seekers generally in this country are not treated with and given the dignity that they deserve, particularly at this moment during covid-19, when we should be thinking much more about them than we are at the moment?

[Chris Stephens]

I certainly agree with that. Many of the asylum seeker services are actually provided by the charities. The support that they provide to asylum seekers is often against Home Office policies, and I will come on to that later.

Let me be clear that I am being not trite, but deadly serious. This increase was an insult to desperate people and children and to add to the injury officials quite callously did not make that data-driven decision until after lockdown, rather than before it. I urge the Minister to look beyond the data and show a bit of leadership. Perhaps he should give Marcus Rashford a call, because he can give Government some tips, as he told the Prime Minister, about real life, about children and parents going hungry, about how terrified mums and dads are about how their child will keep up at school when they go back to blended learning in August or September because, as we know, there is no wi-fi in asylum accommodation. There is no digital connectivity and no computer for the children to do their homework on. That is the real world.

[Jim Shannon (Strangford) (DUP)]

rose—

[Chris Stephens]

It would not be an Adjournment debate without the hon. Gentleman, and, for the benefit of his many Twitter fans, I give way to the hon. Member for Strangford (Jim Shannon).

[Jim Shannon]

What a really good issue this is. I have had similar correspondence in my constituency, and Refugee Action is one of the charities that have contacted me as well. It is difficult for people in our asylum system to buy food and other essentials in sufficient quantity to minimise trips or to prepare for self-isolation, and it is incredibly hard to make a choice between food and medicine. Does hon. Gentleman agree that the Minister must respond in a way that ensures that asylum seekers who are in a crisis get the financial assistance they need at this time? That is why I support the hon. Gentleman.

--- Later in debate ---

Motion made, and Question proposed, That this House do now adjourn.—(Michael Tomlinson.)

[Chris Stephens]

I thank the hon. Gentleman for mentioning the asylum support work of Refugee Action and other charities, and I certainly support what he said today.

My constituent Simon wrote to me in advance of this debate:

“Access to a mobile phone and the internet has never been more important. As well as Refugee Week, this is also Loneliness Awareness Week and action is needed to address loneliness and social isolation in the asylum system, including by ensuring that people seeking asylum have the digital resources that they need to stay connected, access support and continue education.”

Simon goes on to say:

“The UK continues to face a global health emergency that has disproportionately affected people from black, Asian and minority ethnic groups, including here in the UK, with many minorities living in deprivation simply left dead by covid-19, not protected adequately by the UK Government. It remains vital that everyone, irrespective of their immigration status, can live in dignity, afford the most basic things and to be safe.”

My constituent Saffie also wrote to me:

“Even before coronavirus I was barely surviving on around £5 per day. We have to travel to the bigger shops that have lower prices, but now with lockdown we can’t travel and the small shops have hiked their prices. Things like soap and hand sanitiser are very expensive and leave only a few pence for food and other essentials. Since lockdown, essential support services…have closed their doors, so you have to have phone credit or data to even contact them for help. This means deciding to eat or to get phone credit. The recent increase of 26p per day to asylum support is heart breaking. I just want to live in dignity, afford the most basic things and to be safe.”

My first question to the Minister is: as we come to Refugee Day this Saturday, will he please reconsider the asylum support rates, and will he promise not to penalise asylum-seeking families who receive digital packages and laptops so that their kids can keep up at school with blended learning? The coronavirus is a public health crisis, but it is also a humanitarian crisis for people in the asylum process.

I turn now to a welcome and, in public health terms, essential safeguard to asylum accommodation when lockdown was announced. It was stated that asylum seekers would not have their financial support and accommodation cut off—that they would not be evicted—and that that would last until, at the very least, the end of June. As the Minister will be aware, we in Glasgow have called for an end to asylum homelessness and eviction for years. Most recently, we resisted Serco when it tried and failed to make hundreds of people street homeless through cruel forced lock changes. We showed the way, and we urge all dispersal areas to resist asylum accommodation evictions and homelessness.

I welcomed the pause in evictions, as did Glasgow city council and many other asylum local authorities, who for years have demanded that the Home Office take responsibility for the care of vulnerable asylum seekers, rather than shunt them heartlessly onto the streets.

[David Linden (Glasgow East) (SNP)]

I pay tribute to my hon. Friend for securing this debate. Through him, I say to the Minister that we need to look again at this idea of how we disperse asylum seekers throughout the city of Glasgow, moving them on so often. Asylum seekers, who will often get involved in community group, a church or with charities, are frequently moved on to another area, where they will have no community support. I commend what is being done, but if we are to have a wider conversation about accommodation, we need to impress upon the Minister the need for people to be able to stay in one part of Glasgow, rather being shunted around all the time, which is no good to them.

[Chris Stephens]

I agree with my hon. Friend, and I hope the Minister responds to that. I will have some questions for the Minister about his contact with Glasgow City Council, but I am sure that all us Glasgow MPs would welcome any opportunity to meet him to address the many issues that asylum seekers face in the city of Glasgow, including how to give them better protection.

Let me tell the Minister that the asylum evictions policy has, way before covid-19, blighted the lives of women and men thrown into homelessness on to the streets of councils that have been, and remain, decimated by the Government’s austerity programme. What a short-sighted and irresponsible policy austerity was. It has been ruthlessly exposed by the dreadful covid-19 pandemic. As the Health Secretary knows well, the facts are that we are no longer in a fragile recovery phase out of lockdown. The virus is still out there and the R rate varies by locality. It attacks the most vulnerable. They were the most vulnerable before the pandemic, have been during it, and, unless the Government act, will be after it.

I and many others are furious to now learn that last Thursday, when I was being told that I had been selected for this debate and presumably in a ministerial office far from the streets of Glasgow, Liverpool, Swansea and Middlesbrough, the Government decided to restart support cessations and, by implication, the imminent eviction in July of asylum seekers, both those who have been granted refugee status and those who are being refused asylum. That could mean hundreds and thousands of vulnerable asylum seekers rendered street homeless into an ongoing life-threatening pandemic. To increase the risk, it will be happening in some of the most deprived communities in the United Kingdom. I know that the Minister and his staff were telling local authorities in these areas last Friday that that is what they plan to do.

Let us just think about what that means. The Government are getting back to the Home Office’s “business as usual” while everyone else in society is grappling with the new normal. Why is the Home Office different? This “business as usual” will make people street homeless at a time of an ongoing pandemic. This is all to happen while all other evictions are rightly postponed. The Housing Secretary in this place has paused evictions until the 23 August, so why have the Home Office not done the same?

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

My hon. Friend is making a very powerful point. Would he agree that any such drastic decision could not possibly have been made, surely, unless the Home Office had sought advice from Public Health England? If that is the case, it is imperative that the Minister publishes the advice he received from Public Health England on the matter.

[Chris Stephens]

Yes, I agree with my hon. Friend. There should also be an equality impact assessment of the decisions the Government are making in that regard.

In cutting off support and making people homeless, the Government are not only placing them at acute health risk, including from covid-19, but are undermining the wider community and the local government and devolved Government recovery out of covid-19. What was decided last Thursday is, in my view, deeply irresponsible. I urge the Minister to reconsider, and I know I am not alone in that. I know that local authorities and, I am sure, public health directors feel the same way. It is basic common sense that you do not evict anyone into homelessness during an ongoing pandemic. It is inexcusable, especially for asylum seekers and those in the black and minority ethnic community.

[Anne McLaughlin (Glasgow North East) (SNP)]

I thank my hon. Friend for taking an intervention. I had been intending to stand and talk about the No Evictions Network: what good people they are and the incredible work they do in not just holding up placards, but providing one-to-one, face-to-face support for people. I am sorry I missed the beginning of the debate. I am sure he has mentioned, or will mention, the attacks they have come under in Glasgow tonight. Does he agree that another issue with asylum seekers being made street homeless is that if the people campaigning for them are being attacked by the far right just for supporting them, they will be in even more danger and that makes it even more irresponsible?

[Chris Stephens]

At the very start of my speech, Mr Deputy Speaker allowed me to say a few words to condemn the violence we have seen in Glasgow tonight, as I am sure the Minister will. There is no place for far-right thuggery anywhere in the United Kingdom. People are entitled to protest peacefully if they think the Government are not making the correct decisions. A peaceful protest was planned for tonight and they were met with thugs. I am sure that we will see and hear more about that on the news later this evening.

I have a couple of questions for the Minister. May I urge him to please urgently reconsider and confirm to me today in writing that he will not restart any support cessations, or the evictions that will inevitably follow, without the express agreement of asylum local authorities, public health directors, and, where relevant, devolved Administrations? Will he confirm that the last meeting to have taken place with local authorities, political leaders and Ministers was just less than a year ago, when the right hon. Member for Romsey and Southampton North (Caroline Nokes) was the Immigration Minister? What does that say about the Home Office and its relations with political leaders in local government dispersal areas? Can he tell us when the next meeting with the local government dispersal areas will be?

On the acute risk of covid-19 and severe illness and death for BAME communities, I turn briefly to a critical matter touched on earlier that is of the utmost public interest. As the evidence is now overwhelming that BAME communities living in areas of deprivation and often higher population density are at an acutely high risk of contracting covid-19 or of dying from it, this already high risk will escalate if BAME communities are made homelessness. The asylum seekers are from BAME groups, with people from Bangladesh, Pakistan, India, Nigeria, Sudan, Afghanistan, and China, among many others. They are at a higher risk of dying from covid-19. Surely given that, the Minister must not end, but extend, the ban on asylum support cessation and evictions. It would be even more irresponsible in public health and safety terms to restart business as usual. Given the evidence about those who are homeless catching covid-19 and, for BAME communities, of dying from it, will the Minister urgently extend the ban on asylum support cessation and evictions, and set out how he is paying due regard to this public sector equality duty in deciding to end the current pause on cessation and evictions?

My third point is about hotel detentions, which was the subject of tonight’s peaceful protest in Glasgow. I have read the exchanges between Mears and the Home Affairs Committee. I have seen that the asylum charities have had to supply supplementary evidence. I have read the reports in the media and new media, and I have read the Minister’s letter to Councillor Jen Layden, so let me lay out the facts.

A decision was taken by Mears in the first week of lockdown, on 23 March, to quickly uproot 300 asylum seekers from single-occupancy or two-bedroom serviced apartments in the city—de facto households—into hotels. Asylum seekers have contacted my office and the offices of asylum charities to say that asylum seekers were bundled into vans with no social distancing and transported to these hotels—not quality hotels by any manner of means. In some of these hotels, the food provided has been mouldy and unfit for consumption, and in some it is culturally inappropriate, to the extent that around 20 asylum seekers are currently on hunger strike.

Asylum seekers have contacted my office to say that, due to the food provided, they have been unwell. That is not acceptable. It is so bad that charities have had no other choice than to step in and provide food. I can confirm, as a trustee of the Feeding Britain charity, that it has agreed to contribute to the provision of meals that are of sufficient quality and cultural appropriateness for families. I should add that 300-plus people uprooted from their serviced apartment accommodation, on arrival in the hotels, had all financial support cut off, which is not something that was required by asylum support. However, the Government and the Department chose to do that, and people are suffering every day. How would we feel when we leave this room today—how would any of us feel—if we were told that we had no money at all?

There is no social distancing and health concerns are too often ignored or met with a dismissive attitude. Claims made in ministerial correspondence that organisations such as the Red Cross and the Scottish Refugee Council have inspected the site and raised no concerns are denied by those organisations. As the Red Cross put it:

“I have confirmed with our operational staff that the offer of a visit to hotel accommodation was not taken up by our staff due to public health guidelines advising against all non-essential travel, this however may change as we transition out of lock down”.

The Scottish Refugee Council said:

“We declined the first invite to a hotel for lockdown public health reasons. We accepted the second invite to visit one of seven hotels in use, which we did, but we said to Mears before then, during it and after that visit, that there is not much we can meaningfully say on conditions and how people feel, on the basis of one short visit to one location. Mears accepted this was the case.”

It is the case that the decision to place asylum seekers into hotels results in those individuals losing that state financial support. The argument that this is not a cost-cutting exercise just does not wash, and sadly, there has been one tragic death.

Can the Minister confirm whether, on what date and to whom in Glasgow City Council Mears gave notice of the plan, with effect from 27 March, to move those 300-plus asylum seekers who were already on section 98 support and who were in serviced apartments in the city? Did Mears not give advance notice to the council in that regard?

[Alison Thewliss (Glasgow Central) (SNP)]

The case to which my hon. Friend has referred was in my constituency. A young man called Adnan passed away at the start of May in temporary and inappropriate hotel accommodation with insufficient mental health support. Does my hon. Friend agree that the conditions that vulnerable people are expected to live in are entirely inappropriate, and does he share my concern at the reports from the Glasgow No Evictions Campaign of two further people in temporary hotel accommodation who were refused medical assistance over the weekend by staff at the hotel and Mears staff?

[Chris Stephens]

I am aware of those claims, and I would say to my hon. Friend that the Home Office must immediately intervene and establish the facts in that regard. If people need medical care, they should get medical care. Indeed, the Minister’s letter to Councillor Jennifer Layden outlines that there is supposed to be immediate medical care for those asylum seekers who are in hotels.

A further question to the Minister relates to deaths that take place in asylum accommodation. Will he set out what steps his Department takes in relation to a death in asylum accommodation? I understand that he may not be able to talk about the current case, but can he signpost me to the policy that the Home Office follows in these situations? Lastly, can he tell me when hotel detentions will end and when asylum seekers will be returned to suitable accommodation?

In closing, I can tell the Minister that Glasgow is a political village. People know when someone is not telling the truth or the full facts. They know when someone is trying to pull the wool over their eyes. A number of things in his correspondence to the council are simply not the case. In Glasgow, asylum seekers are our neighbours and friends. They are part of the community. Any move to detain them in hotels or to evict them from their accommodation will be met with the same resistance that led to the rent strikes led by the great Mary Barbour, and the same resistance shown by the great Glasgow Girls. All we ask is that our neighbours, our fellow Glaswegians, are treated with respect, because that is what they deserve.

--- Later in debate ---

[Chris Philp]

I was just about to come to that point. When the decision was taken on 27 March to suspend the cessation of support policy—I am grateful that Opposition Members welcomed that move—it was announced as being effective until the end of June. To be clear, no eviction notices have been issued. We are going through the process of thinking carefully about how we transition back to a more normal state of affairs as the coronavirus epidemic abates, and we are doing that in a thoughtful and considered way. We are thinking carefully about all the angles, and we will talk to the relevant authorities, including local government, and take public health advice seriously. This matter is being considered and thought about carefully, and we will proceed in a careful way that gives proper attention to the various considerations. As I hope Members will have seen from our decision, we are determined to be responsible and careful in the way we handle this issue, and I believe our conduct has reflected that.

Let me say a word about the implications of our decision. Although we suspended the cessation policy, we still have intake because people are still claiming asylum. Either they present as cases under section 4 of the Immigration and Asylum Act 1999, or they make fresh claims for asylum. Those claims are not at the level they were before coronavirus, but the level is still quite high. The number of people who are being accommodated in asylum support is going up a lot. Indeed, in the past 10 weeks, it has risen by about 4,000—a significant number. We are working night and day to find accommodation for those extra 4,000 people, and the numbers are going up on a weekly basis. Members will understand that trying to find extra emergency accommodation is difficult, particularly in the middle of a pandemic, but we have done it. We have risen to the challenge, and I thank local authorities, and Home Office officials, for their tremendous work in finding those 4,000 extra places at short notice and in difficult circumstances.

Some questions were asked specifically about the city of Glasgow, which is well represented in the Chamber this evening. As the hon. Member for Glasgow South West said, a decision was taken in late March in relation to 321—he said 300—people who were in temporary serviced apartments. For a variety of reasons, it was decided that those apartments were not appropriate in the context of the coronavirus epidemic—they were not safe to stay in, and as a consequence, people were moved into hotel accommodation. Let me be clear that that is a temporary measure and is categorically not permanent. As soon as circumstances allow, if those people are still receiving asylum support, they will be returned to the sort of accommodation they were in previously.

The hon. Gentleman mentioned cash savings. Over the past 10 weeks, the additional cost of accommodating those extra 4,000 people has run into tens of millions of pounds, and possibly more than that. I assure him that no cost saving is being made anywhere in that part of the Home Office budget. The hotels provide three meals a day that meet dietary requirements. In terms of cultural sensitivity, Korans and prayer mats are provided, and during Ramadan, late evening and early morning food is provided for those who observe it.

The hon. Gentleman mentioned connectivity. Each room has a TV and, critically, wi-fi, and 24-hour reception staff are available, as are translation services and staggered meal times to cater for social distancing. There is full access to the building for cleaning and repairs. Laundry facilities are available on site; there is space for NHS staff and medical consultation, and full provision of things such as towels, soaps, sanitiser, bed linen, toiletries, and feminine hygiene products—all those things are provided. If any areas require further attention, the hon. Gentleman is welcome to write to me and I will happily address those matters.

[Chris Stephens]

rose—

[Chris Philp]

I have only a minute left, but I will take a quick intervention from the hon. Gentleman who secured the debate.

[Chris Stephens]

Will the Minister commit to meet Glasgow MPs, because there are major discrepancies between what he is saying, and what we are being told? I would be obliged if he would meet us.

[Chris Philp]

Of course—I would be happy to meet the hon. Gentleman and his colleagues to discuss any specific concerns. It would be helpful if he could write to me in advance to lay those concerns out in writing, so that I can come with answers, rather than reply off the cuff. If he writes to me first, I would be happy subsequently to meet him and go through his specific concerns.

This country takes its responsibilities very seriously. As I said, we granted 20,000 asylum and protection orders last year, and we have one of the biggest overseas aid budgets in the world. We can be proud of our record, and I am happy to stand here and defend it this evening.

Question put and agreed to.

Retail Workers: Protection

Chris Stephens Excerpts

Tuesday 11th February 2020 Westminster Hall

[Mike Amesbury]

I agree wholeheartedly; trade union membership should be encouraged. Trade unions work in partnership with organisations such as the British Retail Consortium and the Co-op, as they have done to prepare for this debate.

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

Some large retailers discourage trade union membership in their own employee handbooks. Is that not something that we should highlight? We should name and shame the companies that discourage trade union membership in their handbooks; it is a vital protection for workers in this country.

[Mike Amesbury]

I agree, and I will come on to the progressive work that some of the hon. Gentleman’s Scottish comrades are doing elsewhere.

Working every day in a situation where they were attacked or threatened, and facing a constant stream of strangers, is more than enough to cause retail workers panic attacks and anxiety after an assault. Retail workers, especially those working at night—as touched on by my hon. Friend the Member for Torfaen (Nick Thomas-Symonds)—or tasked with selling alcohol, simply do not have the option of avoiding the anti-social behaviour of others. Dr Emmeline Taylor, in collaboration with the Co-operative Group, traced the psychological impact of the epidemic of violence. She highlighted the incidence of post-traumatic stress disorder in employees after their assaults. In the most severe cases, they were too traumatised to return to work—assaults literally cost them their livelihood.

In preparation for this debate, the House of Commons digital engagement team last week put out a survey online. Some of the responses received were absolutely shocking: stories of employees being racially abused, watching colleagues being stabbed and punched, and even being held at gunpoint. Andrea from Sheffield told us that:

“we are threatened...daily...with…needles, flick knives...colleagues have been headbutted and punched. Shoplifters feel it is their right to assault us”.

The psychological impact described by Dr Taylor is all too clear in many responses. One worker from Bristol said that he developed severe PTSD and panic attacks after he was assaulted at work—another victim of these callous criminals, who affected his livelihood, and who affect that of major retailers.

Looking at the responses, it is obvious that some retailers can do more to support their staff, as many do not feel protected or defended by employers. It is also clear that staff want legally set and enforced standards of behaviour from the public. One respondent, Fiona, stated:

“Customers see retail workers as ‘fair game’, things they wouldn't say to a stranger in the street, they are quite happy to say it to us...I believe for our protection, it should be made clear that verbal or physical abuse would result in prosecution”.

Serco and Asylum Seeker Lock-change Evictions

Chris Stephens Excerpts

Thursday 27th June 2019 Commons Chamber

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

It is a great pleasure to see you in the Chair, Mr Deputy Speaker. I rise to discuss the very important and serious matter of Serco and its announcement to press ahead with asylum seeker lock-change evictions. In giving a bit of background, I will be mentioning a number of organisations that have expressed their concerns, both publicly and to me. They include: the Scottish Refugee Council, Positive Action in Housing, the Govan Law Centre, the Govan Community Project, Glasgow City Council and the Scottish Government and, of course, the Tenants Union’s Living Rent campaign, whose badge I proudly wear today.

Earlier this month, Serco announced that it was going to restart its inhumane lock-changing programme, which could leave hundreds of asylum seekers homeless and destitute in the city of Glasgow. I and my colleagues in the Scottish National party want to prevent these evictions and future evictions from taking place. Serco currently has a contract with the Home Office for the provision of asylum accommodation in Scotland. The recent threat to evict 300 asylum seekers on to the streets of Glasgow without any consultation only strengthens the arguments that a public sector bid for those contracts would have been the best way forward.

As my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) who serves on the Home Affairs Committee knows, in January 2017 the Committee published a highly critical asylum accommodation report. It made system-wide recommendations; uncovered unacceptable housing standards and insufficient recognition of needs, such as mental health, torture, sexual violence and trafficking; and raised serious questions about the rigour, consistency and lack of public transparency in the Home Office’s performance management regime of its three housing contractors across the United Kingdom.

I do not want to discuss the merits of live legal proceedings in this place—indeed that would not be right—but it is a concern that I have a constituent who is subject to live legal proceedings in Scotland’s supreme appellate court, the Inner House of the Court of Session, and I am surprised that both the Home Office and Serco have decided to press ahead with these lock-change evictions while the matter is still to be settled in the courts. Labelling asylum seekers as “failed” is not the sort of language that we should be using when discussing some of the most vulnerable in our society. The asylum system and process can be very lengthy and very complicated, and using labels such as “failed” is entirely unhelpful.

The Scottish Refugee Council has also expressed its concerns on the matter. Serco’s announcement on 12 June was made to Glasgow City Council and the Scottish Government, but not to Members of Parliament from Glasgow. We did not get that until we saw the press release. The public statement caused great concern. Of course, we were written to by the Immigration Minister on 17 June regarding the announcement and the lock-change eviction plan. It is clear that this is a co-ordinated action between the Home Office and Serco. Like the Scottish Refugee Council, I oppose these actions, and I want to focus on some of what Serco is up to.

No one should be rendered street homeless, and certainly never, ever without the protection of court due process. There is a wider strategic importance in Glasgow continuing to resist and overcome the clear housing and due process gaps in the current asylum system that will have relevance to other parts of the UK, especially other asylum dispersal areas such as the north of England, the midlands, south Wales and Belfast. We are clear that what is happening in Glasgow—with multinationals such as Serco intending to evict vulnerable people and render them immediately street homeless through callous, traumatising and possibly still unlawful lock changes—is an extreme symptom of a failed and broken Home Office approach to its responsibilities under the refugee convention and EU asylum legal instruments to prevent the destitution of those seeking refugee protection.

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

I am grateful to my hon. Friend for his powerful speech and for bringing this debate to the House. He has mentioned some of the local authorities that have stepped up to the plate to take the dispersal of asylum seekers in local authority areas. Does he agree that other local authorities that might have been interested in becoming dispersal authorities and stepping up to that plate will be completely put off doing so by the horrendous process they have witnessed in Glasgow?

[Chris Stephens]

I thank my hon. Friend for raising that point. I will express later in my speech the real views of local government, but he is correct that there are local authorities that were considering becoming part of the asylum dispersal process that are now minded not to do so as a result of what they are seeing in Glasgow, with Serco’s announcement of lock-change evictions.

There should never be anything inevitable about destitution, from any system of support—be that social housing, social security or asylum accommodation. The decade-long devaluation, underfunding and outsourcing of public service delivery of housing to women, men and children seeking refugee protection has been part of the wider austerity project that has penetrated deepest in communities of entrenched multiple deprivation across the United Kingdom, including Glasgow. We should always remember that it is these areas, however, that have consistently welcomed people seeking asylum through the Home Office’s asylum dispersal programme.

As a consequence, those communities, council areas and third sector services have been stepping up to help, as we have seen in Glasgow. That is despite their unfairly having the responsibilities and costs of helping people shunted on to them by two of the most powerful institutions in the UK—namely, the Home Office and multinational companies such as Serco, which enjoys profits of £30 million, which basically exist only to win public service contracts, especially from UK Government Departments in immigration and asylum, defence, transport and other spheres.

The Scottish Refugee Council has had to increase its destitution service provision and influencing and advocacy activities, and accelerate its work with key partners such as Positive Action in Housing, Shelter Scotland and JustRight Scotland, co-ordinating the charity and legal sector collaboration against these proposed evictions. It has met regularly since August 2018 to share information and take actions via litigation, legal policy and campaigning. Other members include the Legal Services Agency, Latta Law, Govan Law Centre, the British Red Cross, the Asylum Seeker Housing Project, the Refugee Survival Trust and, of course, the great Govan Community Project.

The Scottish Refugee Council considered the Immigration Minister’s descriptions of the situation in the 17 June letter that was issued to Members of Parliament for Glasgow constituencies, and it is the council’s strong view that there were inaccuracies in that letter, which I come to now. The Scottish Refugee Council recognised that the Home Office, through its advice contractor Migrant Help, has made efforts by letter and telephone to contact those at greater risk of evictions by lock-change notice since November 2018. However, these efforts stemmed largely from advocacy by Glasgow City Council and the Scottish Refugee Council to the Home Office, in the Glasgow asylum taskforce. Furthermore, the Scottish Refugee Council and other members of the taskforce persuaded the Home Office to initiate a support referral process. This was a pilot that comprised Migrant Help in Glasgow offering each individual at risk of eviction a one-and-a-half-hour appointment. The pilot had two phases: first, from November 2018 to January 2019, involving Migrant Help only; and secondly, from February 2019 to April 2019, after Migrant Help sought assistance from the Scottish Refugee Council.

The Scottish Refugee Council received 61 referrals from Migrant Help in the second phase of that process. That compares with 419 individuals assisted by Scottish Refugee Council destitution advisers from April 2018 to March 2019, 263 of whom were in Serco asylum accommodation. Through sustained funding from a charitable organisation and short-term resources from the Scottish Government, the Scottish Refugee Council has managed to stretch limited funds to prepare and lodge 120 applications for section 4 support, with 59% of those being successful—thereby lifting 72 individuals out of destitution or preventing them from falling into it. That has been achieved outside any Home Office support. I think that we would all want to continue to urge the Home Office, as the state party to the refugee convention and EU asylum legal instruments, urgently to provide resources that are genuinely commensurate with need, including the funding of independent advocacy support to help individuals in grave need.

[Stuart C. McDonald]

Towards the end of last year, the Home Affairs Committee recommended direct funding to organisations and city councils in dispersal areas because of the undoubted cost implications for participating dispersal authorities. Does my hon. Friend share my frustration that the work that the Home Office undertook to carry out with local authorities to calculate the funds that would be needed seems to have been put on the back burner and kicked into the long grass, despite it being necessary as a matter of urgency?

[Chris Stephens]

I agree that it is urgent, as my hon. Friend suggests. I am sure that the Minister will address that, because there is a very real concern about it, not just from independent advocacy groups such as the Scottish Refugee Council but from local government and the Scottish Government. I will come to that later.

The priority remains to help all those facing asylum destitution, especially those due to receive the 14-day notice-to-quit letter followed by the seven-day lock- change notice. Destitution advisers provide a holistic assessment of need and ongoing support and co-ordination, including for individuals under threat of eviction through lock changes by Serco. All these individuals are known to the Home Office. The process of submitting new evidence for a refused asylum claim is lengthy and complicated for most, and they might not have an option to return because of fear of persecution. To simply say that they “refuse” to leave is not accurate. We must emphasise that the actions of Serco are, in this sphere, functions of a public nature and therefore come under the scope of the Human Rights Act 1998. This legal status was confirmed in a Court of Session decision.

It is important that we highlight just some of the individuals who are under threat of eviction by Serco and the Home Office. We have been advised by the Home Office, and by the Minister at a meeting I had with her earlier this week, that those with vulnerabilities will not receive such letters, but that does not seem to be the case. I am going to mention a number of cases that have been presented to me by asylum charities. Everyone here knows the safety and belonging that a home brings, but today in Glasgow we are on the brink of a humanitarian crisis of hundreds of women and men who sought sanctuary in the UK. The Conservative Government have none the less retained their basic inhumanity in the asylum process. Since last week, they have been ruthlessly rolling out their privatised hostile environment in Scotland’s largest city.

Courageous women like Mariam, who has fled abuse in Eritrea but been refused refugee protection by the asylum system, should never have received a notice to quit. Why? Because Mariam has depression, is receiving medication and is being helped by a community psychiatric nurse. Serco has ordered her to get out of her house through a lock-change letter, which means no protection against street homelessness, with no rule of law or court oversight, callously causing trauma and tearing her away with immediate effect from her only source of shelter. Do we leave people like Mariam on the streets, with their mental health going through the floor, to be a sitting target for traffickers or exploiters, when the outgoing Prime Minister said that tackling trafficking was a top priority? Does the Minister realise that those sorts of decisions feed exploitation and are a boon to organised crime, while destroying lives? Surely the decent thing is to ensure that Mariam’s lock change is cancelled.

Another concern that has been brought to my attention is that letters are being delivered by two men in uniform, sometimes to women who live on their own. I have a real concern about that, and I find it completely and utterly unacceptable. For a woman who has fled her country to seek shelter and asylum in the UK, two men in uniform visiting the house with letters will mean something completely different from what it would perhaps mean to us. It is unacceptable, and I hope the Minister will have something to say about that.

I have a number of other cases to mention. A 34-year-old woman from Eritrea was issued with an eviction letter dated 12 June 2019—not 20 June, as MPs have been advised—telling her to leave her accommodation by 25 June. The letter wrongly stated that she had received a positive decision. It also incorrectly advised her that she must leave and that she would have to apply to Glasgow City Council for rehousing. Her hopes were raised that she had got refugee status. A week later, she received another letter dated 19 June, again telling her to leave by 25 June. This time, the letter wrongly stated that her asylum claim was refused and that she must leave her accommodation. In fact, she has an ongoing asylum claim and is due to attend a further submissions appointment in Liverpool on 4 October 2019. This woman’s claim for asylum is based on her nationality and the fact that, as a Pentecostal Christian, she would be at risk of persecution should she return.

Another case presented to me is a 72-year-old gentleman who is an Iraqi national but has lived most of his life in Syria. He left Syria when the war started. He has lost contact with his wife and children in Europe and is in Glasgow alone. He speaks Arabic. Serco sent him a lock-change eviction letter dated 19 June, telling him to leave by 2 July 2019. He has a serious heart condition, for which he has had a heart operation. He also has a problem with his spine and breathing problems, which leaves him bedridden most of each day. He is particularly vulnerable due to his age, his ill health and English not being his first language, and he is traumatised by his experiences. It is a real concern that he will be unable to safeguard his own wellbeing and is at risk of neglect. Positive Action in Housing has asked Glasgow City Council’s social work department to carry out a community care assessment and is seeking legal support.

Another case is that of a 58-year-old woman who received a letter from Serco dated 21 June telling her that her entitlement to support ends on 23 June—less than two days’ notice. If she leaves her accommodation, she will be destitute. Her section 4 application is under way, and her legal case is ongoing. This woman left Gambia to ensure that her daughters cannot be subject to female genital mutilation practices.

Another case I have is that of a constituent who received a letter on 12 June, and who visited this Parliament as part of a delegation from the British Red Cross. She is an African lady, who identifies herself as a member of the LGBT community, and she feels she cannot go back to her country. She was issued with a letter on 12 June, not 20 June.

It appears that Serco is treating individuals with complex cases as one mass of people, and this is likely to lead to unjust decisions and vulnerable people with a genuine reason to be here being ejected from their accommodation. As a landlord, Serco is ill-equipped to pass judgment on someone’s asylum status. Walking unannounced into someone’s accommodation and rummaging through their private belongings does not make that person an immigration officer. The people Serco is attempting to evict are not subject to deportation orders. The Home Office support has stopped for now, but that does not mean that their cases—to put it in inverted commas—“failed”. They can still engage with the legal process and apply for support to be reinstated. Appeals and judicial reviews do happen and are often successful.

I want to come on to the local government view. I have a letter, which I will place in the Library, from Susan Aitken, the leader of Glasgow City Council, and a note of the meeting of local authorities passing on their concerns about asylum accommodation contracts and processes. There are pressures in different areas, including the north-east, Yorkshire and the Humber, and Glasgow, as incoming contractors face the need to procure a large number of properties in a very short period of time. It is my concern that Serco is advertising the fact that the reason why it needs to remove asylum seekers from their accommodation is so that it can hand back the keys to the original landlords, which does not seem to me to be an acceptable reason.

There is very real concern from local government that the transition deadline will not be met in some areas and that contingency accommodation may have to be used. The distribution of asylum seekers across the country is very uneven, with some areas of high concentration, including Glasgow. Local authority leaders from other parts of the UK agree that we need to progress the funding issues, as local government is left to pick up the tab for the decisions made by both Serco and the Home Office. In their view, the Home Office is failing to address issues for which it has responsibility and seems unable to provide up-to-date data on the number and locations of asylum seekers. When data is produced, it is often incomplete and contradicts information available from other sources.

In the view of local authorities, nothing is being done by the Home Office to convince other local authorities in the UK to participate in the dispersal programme. However, as we have heard from my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East, the fact that asylum seeker lock-change evictions are going ahead has resulted in some local authorities suggesting that they would not want to participate in that sort of process. Local authorities participating in the dispersal programme are still waiting for the Home Office response to their request for funding, and they see no evidence that that has been taken to Her Majesty’s Treasury.

I think it would be fair to say that we have a number of questions about what is going on in relation both to the contracts, and to this inhumane move to subject asylum seekers to lock-change evictions and make them homeless. However, before I ask those questions, I have to say that I am very concerned at the behaviour of Serco. I want to reiterate again that two men should not approach women living on their own or with children, going in with threatening letters and handing them over in that way. That is something I want to hear the Minister condemn, and I want that practice put a stop to.

Can the Minister answer the following questions? I have a number of questions for her. Does she intend to come to Glasgow to witness a lock-change eviction? When is she next coming to Glasgow to discuss the asylum accommodation contract with asylum charities and the council? Does she realise what it would mean for someone to come home and find that their locks have been changed? May we have a guarantee that no one in Glasgow who has vulnerabilities as defined by the Home Office safeguarding policy has or will receive 14 days’ notice to quit, or a seven-day lock-change notice?

Will the Minister publish the Home Office safeguarding policy? To my mind, the four cases that I presented involve people who would qualify as having a vulnerability under that policy. Will the Minister say more about what the Home Office defines as the over-staying group? Does it have a list of those in that group? Will she confirm whether refused case management and immigration enforcement teams are planning to start working through the over-staying list? Are they planning to detain people at their reporting events in Glasgow? Can she assure me that that will not happen, and that it has never been discussed since the first announcement about Serco evictions in July 2018? Can the Minister provide an assurance that no one in the over-staying group will be visited by immigration enforcement in their asylum accommodation, purely because they are classed as an over-stayer?

As a result of what has been put forward, the Home Office is required to make a decision. You will have heard the rumours, Mr Deputy Speaker, as I have, about the shredding machines in Departments being in overdrive and working overtime, prior to the new Prime Minister and new regime.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I have not heard that.

[Chris Stephens]

Well you have heard the rumour now. Given the facts presented today, the Home Office must now call a halt to these eviction notices. Everything we have been told by the Home Office in good faith about how this system will work in practice has been shown not to be the case. Letters were issued before 20 June, although we were told that they were not. We were told that those with vulnerabilities would not receive letters, but that was not the case. The style of how those letters are being delivered is completely unacceptable on any level, as I hope the Minister will agree. As a result of the facts I have put forward, which were given to us by asylum charities, will the Minister call a halt to these evictions?

The Home Office and Serco must know that they have picked the wrong city—the city of Mary Barbour and the rent strikes just over a century ago; the city of the great Glasgow girls who campaigned against child detention and ensured they got their school friend back. Thousands of volunteers have signed up to the living rent campaign, and they are on standby and ready to step in and prevent these evictions. The Government should be in no doubt that if Glaswegians are required to use their human rights, such as the right to peaceful assembly, to protect the basic human rights of others, that is what will be done, and I will join my fellow Glaswegians to prevent these evictions.

--- Later in debate ---

[Caroline Nokes]

At no point have I said that these people are not vulnerable. I have tried to set out that they have had an asylum claim that has not been found to be valid and that they have been through the appeals process. If the hon. Gentleman will give me some time, I will move on to discuss the various means of support that are available, particularly to those we heard about earlier: those who are vulnerable, those who have medical conditions and those who have children.

The system that operates in Glasgow is the same system that operates across the United Kingdom and has been operated by successive Governments since the introduction of the Immigration and Asylum Act 1999. Asylum seekers and their dependants who would otherwise be destitute are provided with accommodation and a weekly cash allowance by the Home Office while their asylum claim and any subsequent appeals are considered. This form of support is usually known as section 95 support. If an asylum seeker is granted refugee status, they are free to take employment and become eligible to apply for mainstream benefits in the same way as British citizens and other permanent residents.

If their asylum claim is refused but they have children at the time their appeal rights are exhausted, they remain on section 95 support until their youngest child reaches 18 years of age or they leave UK. Those without children who exhaust the appeals process lose access to section 95 support, but a very similar form of support, known as section 4 support, is provided so long as they take reasonable steps to leave the UK, or, importantly, show that there is a legal or practical obstacle that prevents their departure. Examples of such an obstacle include: those who are too sick to travel, those who need time to obtain a necessary travel document, and those who have made fresh submissions against the refusal of their asylum claim that have not been resolved.

[Chris Stephens]

I thank the Minister for giving way. This is an important point in terms of someone’s status and their appeal. My understanding from what she says is that someone who has been refused an upper tribunal level could be subjected to an eviction letter. Is the Minister saying that those individuals have effectively 14 days to submit fresh evidence—an article 8 application or the like? Someone who has been refused an upper tribunal level still has the right to submit a fresh claim.

[Caroline Nokes]

The hon. Gentleman is right to point out that they have the right to submit a fresh claim, but I am very anxious to emphasise that what we cannot encourage is a circular process, where people submit claim after claim when a first-tier tribunal and then an upper-tier tribunal found their claim to be unfounded. Circumstances may change, I absolutely accept that, but it is important that, while we treat individuals fairly, the system is upheld.

Decisions to refuse section 4 support attract a right of appeal to an independent tribunal. It is clearly reasonable to limit the offer of section 4 support to people who satisfy these conditions. Providing support indefinitely and without conditions to people who have no right to be in the UK is wrong in principle and risks undermining public confidence in the asylum system.

I have said that it is right that people who have no legal basis to remain in the United Kingdom are not supported indefinitely, but it is also right that they should be aware of their options, and the advice and support available to them. Advice on accessing further support or returning home with support is routinely provided to all whose claim has been refused. However, in the case of this particular cohort of people we have gone further. Since August 2018, we have been working with partners in Glasgow, including Glasgow City Council and the Scottish Refugee Council, to ensure that affected individuals are aware of the further support available to them.

Migrant Help, on behalf of the Home Office, has been reaching out to those affected to explain how they can continue to be supported and accommodated if they take the necessary steps to return to their country of origin. We have also provided information on our assisted voluntary returns scheme, which provides up to £2,000 in reintegration assistance.

Migrant Help has contacted 373 people to discuss these options and conducted 154 advice appointments. The Home Office has also held over 296 conversations about voluntary return. The scheme available is designed to assist those who require more help and includes supporting resettlement in the country of return by providing financial or “in kind” support from an overseas provider.

I should note that a minority of the affected individuals have received a grant of leave to remain, but have none the less refused to leave their accommodation at the end of their eligibility. We are working closely with Glasgow City Council on these cases and have an agreed process to move these individuals into appropriate local authority housing and to access mainstream benefits.

[Chris Stephens]

I thank the Minister for giving way again; she is being most generous. Will she clarify whether those who will potentially be subjected to a lock-change eviction notice over the next few weeks have the right to remain?

[Caroline Nokes]

As I was saying, a small number of people have been granted refugee status, but it is absolutely right that they then move on from accommodation that is designated for destitute asylum seekers, so that the next cohort of asylum seekers can move into that accommodation, and those refugees—who have the right to stay, live and work in this country—move into accommodation that is appropriate for their needs and is not designated part of this asylum support accommodation, which is specifically designed for a cohort of people who are still in the claims process.

As the hon. Gentleman will know, I have also written to all Glasgow MPs with a direct line of contact to Home Office teams, who can work on a case-by-case basis should they have any questions or concerns. All applicants involved have been notified that they can contact their MP for advice and that their MPs have a direct line to the Home Office.

Some concern has been raised about the legal position in relation to issuing lock-change notices, which I would like to clarify. In July 2018, Serco commenced a process of reclaiming properties from those whose asylum applications had been decided and were no longer entitled to support. This was after a similar process had been successfully rolled out in the north-west of England.

The process of issuing a lock-change notice, if an individual refused to leave a property at the end of their entitlement, was paused pending a legal challenge in the Scottish courts. That pause did not affect people’s eligibility to receive asylum support, so those who became appeal rights exhausted or were granted leave to remain continued to receive the normal letter asking them to leave their accommodation. However, in that period, Serco did not follow this up by proceeding with lock changes if the individuals declined to leave.

In April this year, Lord Tyre dismissed two cases brought against Serco and the Home Office contesting this course of action. An appeal has been lodged and is currently sisted. As the cases were dismissed, Serco is now moving to resolve the circumstances of those staying in Serco properties. It is right that it does so.

Finally, I want to clarify the operational process, which I also set out in my recent letter to Glasgow MPs and MSPs.

[Caroline Nokes]

The legal action that was started last year and the judgement concluded in April this year did not provide a barrier to Serco continuing with this activity. It chose to pause it. The further appeal does not provide a barrier and the judgment was very clear. It is right that Serco should seek to make sure that accommodation designated for asylum seekers is available to those who fall into that category.

[Chris Stephens]

rose—

[Caroline Nokes]

I must make a little more progress.

Each week, Serco has provided the Home Office with a list of individuals who are overstaying in properties. The Home Office carefully checks that list against internal databases to ensure that the individuals have not lodged further submissions or new applications to remain, and that there are no known obstacles that would prevent them from leaving the United Kingdom. Once that is confirmed, the information is relayed back to Serco and a notice to quit is served, providing 14 days to leave the property. At the end of that period, if needed, a lock-change notice is served, providing seven days in which to leave the property before the locks may be changed. The first notices were issued on 20 June 2019.

--- Later in debate ---

[Chris Stephens]

The Minister can hold this line that the first letters were issued on 20 June, but I will place in the Library letters that were issued before that. Has she clarified with Serco when it issued the first letter, because the date of 20 June is simply factually inaccurate?

[Caroline Nokes]

I set out very clearly earlier—I cannot find the place in my notes right now—that Serco continued with the process because actually there was a cohort that came to everyone’s attention in the summer of last year, but between then and now there have been additional asylum seekers in Serco accommodation who have submitted new claims that have been found not to be substantiated. The process is not set in aspic; it continues the whole time. Different individuals will have come in and new claims will have been made by that cohort. The hon. Gentleman refers to other individuals who received notices to quit, but it is important to reflect that that might have been because their claims were found to be warranted and they were given refugee status and so needed to move into mainstream accommodation. There will also be those whose asylum claim was found not to be substantiated and were not in need of protection.

It remains the position that all of the cohort can apply for section 4 support at any time, and if they do, the process will be suspended until the application is considered and any appeal against its refusal is decided.

Immigration

Chris Stephens Excerpts

Wednesday 26th June 2019 Commons Chamber

[Stuart C. McDonald]

The hon. Gentleman makes a fair enough point, but the Home Office still has to do more to make the EU settlement scheme as accessible as possible. I will return to these points in due course.

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

My hon. Friend does an excellent job on the Home Affairs Committee. Does he agree that the hostile environment is alive and well today in Glasgow, with the Home Office contractor Serco threatening to make 300 asylum seekers homeless, after they have been labelled as failed asylum seekers? This is a perfect example of the hostile environment and hostile action in the city of Glasgow.

[Stuart C. McDonald]

I agree wholeheartedly with my hon. Friend. I look forward to supporting his Adjournment debate on the issue tomorrow. I will shortly come to the asylum system as a whole, as it is one area where we need absolute root-and-branch reform.

--- Later in debate ---

[Stephen Kerr (Stirling) (Con)]

Thank you, Mr Deputy Speaker, for your forbearance in allowing me to speak at this point in the debate.

Let me first say that I appreciated the tone and much of the content of the speech delivered by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). He took a very measured approach to some of the issues that I think across the House we recognise are matters of concern. However, in response to the Minister’s opening remarks and the interventions she suffered from the SNP, it was clear that when it comes to this matter, as in so many other matters, the SNP’s position is, in my view, tedious.

SNP Members, as they always do, frame the debate around the constitution: whether decisions should be made in Edinburgh or London. That is what dominates their thinking. That is what gets them most excited, as we have seen in this debate. In doing so, they have, as they always do, let down Scotland. Their voices should be standing up for their constituencies, telling us about the needs of their communities and their businesses. Instead, they use this as an opportunity to talk on and on about independence; about how, if we had independence, we could have everything we ever wanted and it would all be perfect. It is the age-old tactic of those who sell snake oil. The fact is that the people of Scotland told them exactly what they think of the SNP’s independence plans in 2014. They want none of it and they want us, as Scottish MPs, to get on with the job of representing Scotland’s interests within the UK.

[Chris Stephens]

I thank the hon. Gentleman for giving way. Will he tell me what is tedious about an intervention raising the issue of Serco, a multinational company, being willing in the next couple of months to throw 300 asylum seekers out in the street? Does he not share my concern that there is something wrong with Government policy in that regard?

[Stephen Kerr]

I thank the hon. Gentleman for his intervention. I was referring, as he well knows, to the interventions we have heard since, which have focused again on the SNP’s never-ending neverendum desires for Scotland.

Oral Answers to Questions

Chris Stephens Excerpts

Monday 21st January 2019 Commons Chamber

[Mr Hurd]

We are proposing the biggest increase in police funding since 2010. Almost every force in the country is now actively recruiting and delivering what the public want, which is more officers on the streets and more investigators bearing down on crime.

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

The National newspaper this morning reports on a female constituent who has been detained and is due to be removed tomorrow despite court papers having been lodged at the Court of Session at the start of the month. Is this the hostile environment in action, and either way will the Minister meet me urgently so that we can secure the immediate release of this constituent?

[Caroline Nokes]

I am, of course, very happy to meet the hon. Gentleman to discuss this case. He will be conscious that it would be inappropriate for me to discuss it on the Floor of the House, but I will meet him privately immediately afterwards.