(4 years ago)
Commons ChamberI am relieved to be able to speak in this powerful, emotive debate today but I am also very angry that, half a century on, this country is still somehow clinging to an Act that has signally failed in its intention. It has failed more than one generation and it is time that we listened to the voices raised against it, including the families appealing for help.
I am sure beyond any possible doubt that when the Misuse of Drugs Act was originally debated in this place, the genuine belief was that it was needed to tackle a problem that had already taken lives, destroyed families and promoted crime and antisocial behaviour across the country. However, can anyone now be in any doubt that the Act and the war on drugs that it epitomises have failed? If criminal convictions were the measure, we might be able to argue for its success. There have been more than 1.8 million convictions under the Act since 1971, but those convictions are actually also another indication of failure—failure to change the fact that the illegal drugs trade has been a driving force in crime in this country.
If we look at the real impact in terms of lives destroyed and lost, it is clear that the belief in the Act was, although well intentioned, misplaced. If we look just at Scotland, in 1969, there were 244 drug deaths. In 2019, that figure was almost 1,300, but those are just numbers, and there are so many more. Heroin misuse has risen twenty-fivefold. The UK drug-related death rate is five times the EU average. Scotland’s drug-related death rate is more than 15 times the EU average. However, this is about so much more than statistics. It is about every life lost and family left desolate by the death of a loved one. It is about lives stamped out amidst an epidemic that is destroying and has destroyed futures every day for the past 50 years, and yet, somehow seems to go unnoticed.
My constituency is not immune from the problem. None of our constituencies, none of our communities and no family can be sure that they are safe from it. In response to the point that was made about the role of families, I know parents who have worked hard to educate their children, spend time with them, talk about drugs, provide for them and create a good, stable family life for them, but that could not protect them. Yes, drug problems can be more prevalent in areas of deprivation—we know that—but not exclusively. We are all vulnerable. Recently, a mother in Scotland allowed the BBC to film the funeral of her son who died of an overdose of street Valium. The heartbreak was difficult to watch. His mother wanted his story to serve as a warning to others, to remind politicians of the grief caused by our common failure to tackle successfully the problem of drugs on our streets. She let us witness it.
What makes that failure worse is that there are examples close at hand of how it can be tackled. Portugal, for example, had one of the worst problems in Europe. In 1999, one in every 100 people there had a problematic drug addiction, and the country’s HIV rate was the highest in the EU. Then, in 2001, it completely changed tack from criminalisation to decriminalisation. Now, if someone is caught with a personal supply, they receive a warning or a fine, or they are referred to a multidisciplinary team of doctors, lawyers and social workers. Rates of overdose deaths and drug-related crime have plummeted, as has the HIV rate.
It is clear what we need to do. Where prohibition has failed for 50 years, control and regulation can work. We need education, social action, health spending and projects designed to help, and I firmly believe we need to look at where the decriminalisation and regulation of drugs, specifically cannabis, have worked. More than 25 countries have decriminalised possession of some or all drugs. Cannabis has already been legalised and regulated for adult non-medical use in Canada, Uruguay and 15 US states. Decriminalisation is supported by the World Health Organisation.
To take away the power that control of drugs has given the criminal world, and to break the stranglehold of the gangs, we should reform, regulate and license; we should offer medical treatment to those found in possession rather than criminalise them; and we should recognise that this is a public health and economic problem. We have tried one way for 50 years, but it has failed. It has failed families up and down this country, and it is time we tried another way, a better way.
(4 years, 2 months ago)
Commons ChamberIt seems like an age since I spoke on Second Reading, and I commend those involved in the massive amount of work that has been done on both sides of the House and in the Lords. I spoke at that time because, unfortunately, the rates in Bristol South are double the national average and the highest in the city. It is no coincidence that it also contains some of the most deprived areas of the country. That link between poverty and abuse, and particularly the impact on children, must be addressed. Although the Bill is welcome, it does not go far enough in some of those areas.
I shall speak briefly about Lords amendments 42D, 42E and 42F. As we have heard, we all agree on the outcome, but I defer to my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and my hon. Friends the Members for Walthamstow (Stella Creasy) and for Birmingham, Yardley (Jess Phillips), who all, while recognising the Minister’s personal commitment and intent, eloquently expressed concerns about how we will hold the Government to account on behalf of the women we all know and represent if legislation is not brought forward on these things.
I know from speaking to women who are expecting a more defined register and legislation that they do not really understand why serial abusers and perpetrators are not more easily registered and tracked. Those are stories that we all know come before us repeatedly. If those amendments are not accepted, I know that the Minister will continue to do this work, but it will be incumbent on her and her Government to prove to those women that these measures are remotely enough.
We all know that we need better action across a range of service providers. Again, that needs much greater support from the Government. Finally—I am conscious of time—I touched last year on the nature of domestic abuse among older women. That is often a much-neglected area, and it would be good to see changes to the Bill that reversed some of the perceptions about the abuse that older women face and made them feel more empowered to come forward, safe in the knowledge that their experiences will be justly dealt with too.
I share what I believe was possibly the frustration of many other speakers tonight that we are so close to achieving what we want the Bill to achieve, yet we seem unable to cross that final line. I appreciate the efforts made by the Government and everyone else, and by the Minister in particular, but I still have reservations about the Bill—particularly about the vulnerability of migrant women, and specifically about amendment 40B. The amendment in lieu laid down by the Minister is a start, but it still does not go far enough and it fails to capture the one key thing that all our amendments and speeches have said, and everything we have heard this evening: waiting for a stalker or serial domestic abuser to get a conviction for 12 months before considering them for this is way too late.
We know that most stalking victims do not go to the police. This is about cumulative obsessive behaviour. Well-intentioned though the legislation is, we simply do not feel it is going far enough. Between 15 March and 19 April, another 16 women have been murdered—that is between the Report stage in the Lords and ping-pong last week. The Government’s inaction has to end. We have to address this issue now. We have to ensure that the Domestic Abuse Bill that so many people in this place have worked so hard for over the past four years is achieved by the end of this week.
The same recommendations have been made over the years and the same reviews have been repeated over and over, yet nothing is changing. Rarely are the recommendations put into place and we have seen systemic failures over many years, with widespread misogyny, institutionalised sexism and a gender bias. No amount of guidance or training has changed that across the past two decades. In fact, matters are getting worse. That is why we need this to be in the legislation.
Many Members have mentioned the overwhelmingly depressing statistics about one woman being murdered every three days by a man, and a woman being murdered every four days by an ex or a current partner. It is simply not acceptable. We are all agreed, but we must find a solution. I appreciate the steps that the Government have taken so far to compromise to meet people halfway, but I still think that this will take another step. That is why I, like the Liberal Democrats, will be rejecting the Government’s amendment in lieu this evening.
Briefly, I wish to highlight my concerns on the issue of the identification, monitoring and management of serial domestic abuse and stalking perpetrators, and the provisions that refer to that. I base most of the comments I make in this Chamber on personal experience—on the people I meet in my constituency office and have helped and tried to help over the years.
I recall sitting in my office looking at the face of a victim, sometimes sitting beside the perpetrator, and feeling helpless and hopeless. I could see what was going on. I could also understand that my words could make the situation more difficult for the victim. So I found myself on some occasions just being silent and listening, when everything within me cried out to speak, act and help. That is what I wanted to do, but I felt that sensitivity was more important. All too often, I have tried to distract a partner while the staff attempted to assure the victim that they were here to help wherever they needed and in confidence. All too often, I have offered help, only to hear a victim say, “No one would believe me because he is a pillar of society.” That proves that, irrespective of position, those in the highest positions and the lowest positions of the land can abuse ladies.
The Lords amendment on this brings clarity on repeated offences, broadening things to include serious harm, sexual violence and stalking, among other specifications. It makes it crystal clear and a little easier to help those victims. It offers them greater scope and, with that, greater support. It makes it clear that the offences clearly listed will never be acceptable. It makes it clear that all those listed offences are taken seriously and that a strategy to deal with this must be a Government priority.
This clarity is welcome. This House must send a unified message on this Bill today. I believe that the Minister is very much committed to making the changes that are necessary to pull all of the concerns and thoughts of Members together, and provide reassurance that when we pass the Bill it is not simply the best we can do, but the best possible—not that we offer help, support and recognition to as many victims as possible, but that we have left no victim alone without legislation to protect them.
It is my desire, when I am faced with cases of domestic abuse—unfortunately, my staff and I have been faced with such cases—to have the confidence to be able to tell the victim, “All the elements, from the Police Service of Northern Ireland to the courts, are designed with your needs in mind. You do not have to do this alone. The police and the courts will walk alongside you, and give you the protection you want.” I long to send that message. I look again to the Minister for clarity that this is what we are saying tonight in this Chamber.
(4 years, 2 months ago)
Commons ChamberI am delighted to speak in this debate. Some excellent additions have been made to what was already a very strong Bill. In particular, I am delighted to speak to Lords amendment 35, which makes threatening to share sexual photographs or videos of someone without their consent an offence punishable by up to two years in prison.
Let me put on the record my thanks to both Bill Ministers, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), and the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk). I know that they have long supported these measures and worked hard to include them in the Bill, and they have put up with my badgering them on this issue with good grace. I also thank Baroness Morgan of Cotes, whose expert—and indeed noble—badgering was successful in getting the amendment over the line in the other place.
Most of all, however, I thank my constituent Natasha Saunders. I should say “my former constituent” because I have lost her to my hon. Friend the Member for North Herefordshire (Bill Wiggin)—although she assures me that that is no reflection on her former Member of Parliament. Brave women such as Natasha, and brave men, have stood up and told their stories. It is one thing to campaign for changes to the law; it is much harder for someone to speak publicly about the darkest moments—the most personal and private moments—of their life.
When we last debated the Bill in this House, I shared some of Natasha’s story. She said, in her own words:
“The threat of those photos being shared was my worst nightmare—I had no choice but to comply with his continued abuse or face potential humiliation… The threat was always there and as the years went on, it was like I ceased to exist. He made me feel invisible to everyone and if I displeased him in any way, I knew he could use those pictures to ruin my reputation.”
Natasha has been working with Refuge. I thank it, too, for its excellent research on this issue, which gave us the evidence base we needed. Refuge’s “The Naked Threat” report found that one in 14 people in England and Wales, and one in seven young women, has been a victim of threats to share. Almost four in five women changed the way they behaved as a result of the threats, proving how much this law is needed.
Threatening to expose someone at their most vulnerable because they have done or want to do something you do not like is a deeply sinister crime. It has already resulted in tragedy, and I know it has contributed to trapping people in dangerous, abusive relationships. Now survivors will have a route to justice.
I am proud to vote for Lords amendment 35. I am even prouder of Natasha. She has decided to start on the journey from campaigner to Member of Parliament, to do more to protect others from the horror she suffered, and I very much hope that she will join us on the iconic green Benches before long.
First, may I associate myself with the remarks of the Minister and the tributes to both His Royal Highness Prince Philip and Dame Cheryl Gillan?
It is, as others have said, a privilege to take part in this debate. When the Bill was first introduced, we were already aware of the need for protection for so many in our society. Roughly 2 million people a year in the UK, most of them women, are subject to some form of domestic abuse. In the subsequent debates, we have heard some incredibly brave and moving stories.
Throughout the covid-19 crisis, we have seen domestic abuse figures increase exponentially. In the past month, we have become, if anything, even more aware of the need for this landmark legislation. As the hon. Member for Birmingham, Yardley (Jess Phillips) expressed, it is our duty here to reflect the demand for change that we have seen and heard from so many in our society.
The Bill has certainly changed and developed over the past four years. It has been supported and shaped positively from both sides of the Chamber, and I believe it has become stronger as a result. We have made progress and strengthened the Bill in areas such as including children in the definition, introducing protections for survivors of abuse in court, and taking our first steps towards making misogyny a hate crime.
However, the Bill could still be stronger. There are important, significant areas in which there is more work that we need to do. They include migrant women, who should have the same consideration as every other woman in our society. Getting out of a violent or abusive situation should not be dependent on where someone comes from. For me, this is a critical point. As has already been mentioned, this country has signed the Istanbul convention, but the Government have yet to ratify it. Under that convention, a person could not be denied support on the basis of their immigration status.
There is a specific amendment that I would ask the Government to reconsider: Lords amendment 42, on monitoring serious and serial perpetrators of domestic abuse and stalking. In the other place, my colleague Baroness Brinton spoke powerfully from her own awful experience about the clear need to strengthen MAPPA and introduce a register for serious and serial perpetrators of domestic abuse and stalking. That is why Lords amendment 42 is so important, and we should oppose the Government’s attempt to replace it with a much weaker amendment.
Tackling domestic abuse must include ensuring that the criminal justice system deals with obsessed serial perpetrators properly. I appreciate the Minister’s explanation, and the fact that she sympathises with the objective of the Lords amendment, but I cannot agree that there are not sufficient benefits to justify complications. There is no complication I can see that is ever too great to justify not increasing protection for any of us at any time from anyone. We have already heard numerous moving examples today of the damage done to lives by repeat offenders, and Liberal Democrats do not believe that the Government’s amendment in lieu goes far enough. We will therefore not support it.
This Bill speaks to a problem that infects our society and threatens people, mostly women, in every part of the country every day of the year. We are sending a message today from this place. Let us make it the strongest it can possibly be, so that when the Bill reaches the statute book, this landmark legislation is the strongest it can possibly be.
I am privileged to speak in this debate today, and I would like to start by joining in the tribute to Dame Cheryl Gillan. She was an incredibly kind individual and she will be sorely missed in the House.
This really is a landmark piece of legislation. It shows what the House is truly capable of when it works together, and I commend all those who have been involved in bringing the Bill to where it is.
Over the past year, we have experienced life in a very different way, often not being able to leave our homes. For most of us it has been incredibly difficult, but for victims of domestic abuse the reality has been much harsher. Over the past year, victims of domestic abuse have often found themselves trapped by their abuser without any space, physical or emotional, between them. There has been a worrying increase in the demand for domestic abuse support, and this has been seen across the country. In fact, just last night I was contacted about someone who is a victim of domestic abuse and who needs my support. This just happens way too often.
There are two parts of the Bill to which I will refer today: Lords amendment 42 and the now-included provision in Lords amendment 35 on the threat to disclose intimate images. On the latter, I will say this. In 2015, we recognised the manipulative and psychological power that abusers had over victims when laws were introduced in relation to revenge porn, and we have seen more than 900 abusers convicted as a result. I am relieved to see that the threat to disclose intimate images is now being addressed in this legislation, because the harm caused by these threats is immeasurable and can have an extremely deep and lasting psychological impact on the victims. It is a sinister and cowardly crime.
I have heard anecdotal stories of communities in which honour plays a big role, and where abusive husbands have threatened to disclose intimate images of their wives or partners in an attempt to dishonour them in order to coercively control and manipulate them. I hope that the Bill will go a long way towards letting those women know that this is not okay and that they are not alone. I thank Baroness Morgan for all the hard work she has done in getting this legislation amended. I also believe that social media companies need to play their part in fulfilling their responsibility to take down any distressing or manipulative images that may be classed as revenge porn—and swiftly, so that victims are protected.
I empathise with the intention and spirit of Lords amendment 42. However, I accept the Government’s position on this. There is, of course, still more that can be done through existing systems and better use of the MAPPA framework. As long as that is possible, the objective is the same, and if a way forward can be found through non-legislative means, that is certainly worth exploring. Of course, as has been said, domestic abuse does not just end when two partners—two individuals—stop living with each other.
By improving MAPPA, by improving the information-sharing processes with different agencies and individuals, the message to those who commit these cowardly acts of violence, stalking or domestic abuse is very clear: through this legislation, this Government and this House are determined that you will feel the full force of the law. We will come for you and we will not let you get away with it. And for the victims of these heinous crimes, the message is simple: you are not alone and we will not let you suffer alone.
(4 years, 3 months ago)
Commons ChamberMy hon. Friend is absolutely right. This is absolutely the point: France and other countries across the EU member states are safe countries. People are not fleeing persecution in those countries and they should and could claim asylum in those countries. That is effectively what we need to work harder to achieve.
In her statement, the Secretary of State said:
“We celebrate those who have come to the UK lawfully and have helped to build Britain.”
Will she assure us that while those people are awaiting the Home Office processing their claims, they are enabled to contribute to the economy of the United Kingdom by working and paying income tax and national insurance, rather than having to subsist on the meagre handouts that barely allow them to eat?
The hon. Lady will be well aware of the rules in place for asylum seekers currently in the UK. If I may say so, I remind the House that we are in a pandemic, so there are restrictions in terms of accommodation, movements and things of that nature. If the hon. Lady would like to be refreshed on those rules, I would be more than happy to drop her a line.
(4 years, 3 months ago)
Commons ChamberI will absolutely meet my hon. Friend to discuss Charley Patterson’s case and, if the opportunity arises, meet the family as well. These are tragic cases and I am so saddened and sorry to hear of the case that my hon. Friend has raised. So much more work is required by social media companies. Extensive work is taking place across Government. In fact, I will also speak to the Secretary of State for Digital, Culture, Media and Sport because we are looking to introduce the online harms Bill and across Government we need to come together to hold these social media companies to account. It is a tragedy. So many of us have constituents and know of constituents who have suffered in the same way as the Patterson family and that is wrong. We need to stop that.
The hon. Lady is absolutely right, and I thank her for raising the case. I will look at the specific case that she has spoken about, but she is right. There are many measures that we have undertaken to ensure that those from overseas who are on the frontline in the NHS are supported, and we have made various changes to ensure that they can stay, but I will happily look at the case she raises.
(4 years, 7 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move,
That this House has considered asylum seekers and permission to work.
It is a pleasure to serve under your chairmanship, Mr Pritchard. I draw the House’s attention to my entry in the Register of Members’ Financial Interests for the support I received for research capacity in my office in relation to work on asylum seekers, refugees and migrants. The Refugee, Asylum and Migration Policy project provides research capacity to me and other Members of Parliament on this issue, and it does a fantastic job generally.
While I am thanking RAMP, I want to thank everyone involved in the Lift the Ban campaign: Refugee Action, Asylum Matters, the Refugee Council, City of Sanctuary UK, Ben & Jerry’s, UNISON, which is the country’s biggest trade union, the Salvation Army, and Church of England and other faith groups. I would also like to thank other RAMP principals, including the hon. Member for Ruislip, Northwood and Pinner (David Simmonds), for attending this debate. I know he wants to contribute, and that is very welcome. There is no politics involved in getting this right, in my opinion.
Who does this issue affect? An asylum seeker is someone who has applied for asylum, is legally entitled to be in the country and is awaiting a decision on whether they will be granted refugee status. After a claim is made in the UK, an asylum seeker is granted the right to work after 12 months in a limited pool of occupations. That is important, because the shortage occupation list, which is administered by the Government, is a system more akin to a Stalinist economic plan in the Soviet Union than global Britain in the 21st century.
I will give a bit of the history—come with me in my Tardis. In December 2018, the Home Secretary stated that a Home Office review of the policy on asylum seekers and work would be taking place. Since then, any questions that have been posed or letters that have been written to Ministers have all been met with the response that work is ongoing. In all that time, we still do not have a full idea of the remit, the process that is being followed or when it will report.
On 25 July 2019, in a debate about priorities for Government, the Prime Minister told my hon. Friend the Member for Stretford and Urmston (Kate Green):
“The Home Office is currently reviewing that matter, and we will make an announcement shortly.”—[Official Report, 25 July 2019; Vol. 663, c. 1493.]
Shortly? Priorities for Government? That was on 25 July last year. We know that a week is a long time in politics, but 64 weeks after the Prime Minister told us that it was his priority to deliver the review and he would make an announcement shortly, we still have no news.
Does the hon. Gentleman agree that it is absolutely astonishing that the Government are taking so long to look into something that would have an economic benefit for the country? Estimates tell us that up to £42 million could be contributed to the economy by people who are currently left without any dignity and living on a pittance, when they have skills that they could bring to our country.
That is beyond astonishing. I am baffled and bewildered as to why it is taking so long. I do not shy away from acknowledging the fact that migrants of all kinds have always made a strong economic contribution, and they have strengthened our community and our society for the better. They should be better treated by our Government, who have delayed on this for far too long.
On 11 June this year, in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill Committee, the Minister announced that a new service standard for asylum claims was being developed. He said that it was
“intended to try to bring back some balance to the system…UK Visas and Immigration is engaging with stakeholders as part of these plans and considering any insight that those stakeholders offer as it tries to shape a new service standard”.––[Official Report, Immigration and Social Security Co-ordination (EU Withdrawal) Public Bill Committee, 11 June 2020; c. 124.]
I hope the Minister who is here today will tell us what that will look like, who has been involved and when it will report. I hope that he will also tell us when what the Prime Minister promised in July 2019 will finally be delivered. I assume that those things will be together, but let us see what the Minister says.
On the numbers of people affected, the Refugee Council reported at the end of June this year that 38,756 people have been waiting for more than six months for a decision. That is a massive increase on the figure for this time last year. It is a record-breaking rise, and a record-breaking failure in the Home Office. From the end of June this year, almost 17,000 applications have been waiting for more than 12 months for an initial decision. That is astonishing, and it is pathetic. Any business with such a level of delivery would be shut down. It is a complete failure and a dereliction of duty in the Home Office. We should not forget that an application does not just represent one person; there can be a whole family on one application.
My right hon. Friend, who of course has considerable expertise in this area, is absolutely right. The UNHCR, over the last five years, has chosen the people who are most in need, whereas those who come here, for example, in small boats across the English channel are not necessarily those most in need; they are those who can afford to pay people smugglers, or those who are fit and strong enough to force their way across the English channel. They are not those most in need; they are effectively pushing their way to the front of a queue and potentially displacing people whose need is greater—those people who have come over, for example, on the family resettlement route.
That brings me to the point about the current policy, introduced, as we have been reminded, by the last Labour Government. Many of the reasons that the last Labour Government chose or had regard to in introducing this policy do, I think, apply today. The first point is that we have legal routes—very clear legal routes—for coming to this country to work and make a contribution. If somebody can enter the country clandestinely, for example on a small boat, which is dangerous and unnecessary—it is unnecessary because they could quite easily claim asylum in France, a safe country—and immediately start working or start working after a very short time, that undermines the points-based system and the legal route that we have created. What is the point of having a legal route if it can be immediately circumvented in the way that I have described?
Does the Minister accept that, in the current circumstances, if someone is in this country legally, has come through the safe routes and followed all the procedures, they are not allowed to work, yet they could be making a contribution to society? Will the Government not take that into account?
Well, of course, people who come in through the family reunion route can work straightaway; people who come in under the resettlement programme—those 25,000 people, including the constituents of the hon. Member for Strangford—can work straight away. We need to speed up our asylum decision making; some fair points were made there. Clearly, the pandemic has made that considerably more difficult, but we need to work to speed up those decisions, which is in everybody’s interest. It is in the interest, clearly, of the person seeking asylum, so that they know where they stand; that is only fair. If they do get a positive decision, it means they can start working; that is only fair to the taxpayer as well.
(4 years, 10 months ago)
Commons ChamberWork 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.
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?
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.
(4 years, 11 months ago)
Commons ChamberThe hon. Gentleman is absolutely right, and he touches on some of the sentiment that has already been echoed in the House around fulfilling the recommendations and not just paying lip service to them. As I have said, the report itself is a report like no other. That is why it is important that we have the time and space to give it the determined attention and diligence that is required to make sure that these recommendations are implemented in the right way, working not only with Wendy, but with other stakeholders, too.
“Windrush” used to be a name associated with great pride in this country, but because of the scandal it has become associated with failure on the part of the Home Office in letting down people who deserve better from this country. I welcome the statement and the Home Secretary’s commitment to the recommendations, but, given that the Government are about to end free movement and leave millions of EU citizens vulnerable to the same sort of failure, will she consider pausing the immigration policy until she has implemented the recommendations?
It is important to say, as I have said previously, that I am here specifically looking at the Windrush recommendations and how we apply them going forward. The hon. Lady alludes to the EU settlement scheme, which has already safeguarded the status of more than 3.4 million people. If I recall rightly, there are Members of this House who said at the time that that would never happen, and it has happened. We will continue to do everything possible to ensure that EU citizens in the UK get their status secured, and we have a separate scheme and a separate programme of engagement around that work.
(5 years ago)
Commons ChamberI think it was designed by the Government as a very temporary measure. I do not think for a moment that it was designed as a permanent measure; it was designed simply in the context of covid-19. Body language and visual signs cannot be observed over the telephone. It is not a perfect way of consulting. There are already investigations into nine cases where pills issued via telephone were taken beyond the recommended gestation. This is less than two months after the service commenced. In one case, the abortion took place some 18 weeks over the legal limit of nine weeks and six days. We have also seen, of course, the media give better attention to domestic abuse and that increase in visibility may have given victims greater strength to come forward, which is good, but the gravity of women being coerced into abortion does not seem to have been taken as seriously as it should have been. It seems obvious to me that a woman seeking an abortion under duress may be being observed by abusive partners, or are otherwise acting in fear, and they will be less likely to come forward and disclose abuse.
I could quote doctors on this again and again, but there is not enough time. One said to me:
“This proposed amendment would place doctors in a very risky situation. Deciding whether a patient might be in an abusive situation by one telemedicine consultation would be almost impossible… Assessment of women at risk of domestic abuse should be part of a comprehensive safeguarding strategy—it should not be left to a single doctor working under time pressure, via the medium of telemedicine.”
I know that there are strong views and I respect the position of the hon. Member for Kingston upon Hull North (Dame Diana Johnson). None the less, we will never agree, and this is, frankly, lazy legislating. It is an abuse of parliamentary procedure. Abortion is such an important issue that we need to have a serious debate around it. We in the Pro-Life lobby recognise that we will never change the fact that if a woman wants an abortion, she will get one, but we will never give up arguing the importance of the value of all life, however frail, and the dignity of all human beings. We consider it a vitally important issue and it should be dealt with properly by parliament.
It is a pleasure to follow the right hon. Member for Gainsborough (Sir Edward Leigh). In fact, it is a pleasure to have reached this stage in the journey of this Bill. As the Minister said earlier, it has in some ways been a very collegiate experience. The hon. Member for Birmingham, Yardley (Jess Phillips) also referred to that as well. It was certainly something that I felt about the Committee. Perhaps that has been because it is a journey that we all appreciate will be life changing for the hundreds of thousands of women particularly, who in this country and every year, face domestic abuse. If there is one message that we all want to go out from this place today, it is that we will accept no excuse for domestic abuse against anyone, whether physical, emotional or financial. It will simply not be tolerated.
In the time I have been involved in the Bill, I am happy to acknowledge that the Government have moved their position in several significant ways, and I am particularly pleased to see children now included on the face of the Bill, because we all recognise the impact that domestic abuse can have on them.
I also acknowledge the fact that the Government have listened to calls from the Liberal Democrats to improve protection of abuse survivors in family courts, where often perpetrators have been able to continue to coerce and control the person they have abused. However, there are still significant changes that many of us in this House would like to see—I will come on to migrant women in a moment—but we also want to strengthen support available from local authorities and measures to support teenagers involved in relationships that are abusive.
As I said, most importantly before us today are the amendments particularly relating to migrant women who encounter domestic abuse. That could enable the ratification of the Istanbul convention—it is now eight years or more since this country signed it. On that subject, I would specifically like to mention new clauses 26 and 27. I am mindful of the Minister’s comments on supporting the support for migrant women scheme, and I look forward to seeing that come to fruition, but new clause 26 would give migrant women who survive domestic abuse the right to remain in this country.
I note that the Government said in their letter that they did not believe a blanket proposal was appropriate, but as Amnesty International points out, expanding the domestic violence rule to offer leave to remain to all survivors is by far the simplest and surest way to stop anyone falling through the cracks. During covid-19, we have seen that it is all too easy for people to do that, regardless of good intentions.
The other relevant new clause I would mention is new clause 27, which would prevent the sharing of data between Government agencies such as the police and the Home Office and reassure those afraid to come forward and report violent and unacceptable abuse for fear that their immigration status might be investigated and they could ultimately be deported. How can we help people? What would it matter what steps were put in place to support them when they are too afraid to come forward in the first place? Surely we must offer those facing the most horrific of personal circumstances the comfort and security of knowing that they will be helped unconditionally. Numerous charities, such as Southall Black Sisters, End Violence against Women and other organisations, have called for these measures, and we heard heart-breaking evidence in Committee from a woman who had come here from Brazil only to find herself eight years later facing the most difficult of situations because of domestic abuse. I believe the Bill can change that, and all survivors of domestic abuse, regardless of where they come from or who they are, must have the same protection in law.
There is one other vital issue and that is misogyny as a hate crime, in the amendment in the name of the hon. Member for Walthamstow (Stella Creasy), which I have supported throughout the passage of the Bill. The reason is simple for me: if we are truly to tackle domestic abuse effectively—not just respond after the fact but prevent it in the first place—we have to understand where it comes from. That is the aim of amendment 35 in requiring police to record and act on offences that are motivated by misogyny—a hatred and disregard for women. It has been in place in Nottinghamshire since 2016, and campaigners there say that the approach has given women the confidence to report abuse.
In commending those various amendments to the House, I would also like to pay tribute to the right hon. Member for Maidenhead (Mrs May) and hope that when we conclude the proceedings she is happy with what we have done with the Bill she first brought forward.
I support this landmark Bill and the Government’s amendments to it. I wish to speak to new clause 1, in my name, new clause 28 and my amendments to it. In 2018, the Select Committee for Women and Equalities concluded:
“There is significant research suggesting that there is a relationship between the consumption of pornography and sexist attitudes and sexually aggressive behaviours”.
The Minister has rightly said that the rough sex defence is unconscionable. In the light of recent survey evidence showing a clear link between rough sex and the influence of pornography, I tabled new clause 1, to ask the Government to investigate this further and to highlight the urgent need for action to be taken by Government to tackle pornography concerns more widely, such as addiction, and to protect children from seeing it and being forced to engage in it. In tabling new clause 1, I am seeking from the Minister—and I appreciate the fact that I have found a listening Minister during the progress of the Bill—an assurance that Government will take early steps to tackle concerns about harm from pornography, so that I do not have to press new clause 1 to a vote.
I cannot put the key objections to new clause 28 better than a response I obtained from a female GP. It is long but worth repeating. She says:
“I am very concerned about the proposed changes to new clause 28. It is extraordinary that it should be argued that a woman suffering or at risk of domestic abuse, seeking abortion should somehow be considered to be at less risk if she consults a doctor remotely by telemedicine and given abortifacients to take at home. Where is the opportunity to check with her, privately, that she is not being coerced or that she may be in danger, to examine her to determine her stage of pregnancy, to offer support and clear advice in a place of safety? As a medical practitioner working remotely, how can I reliably ensure she is at the stage of pregnancy she says she is, as the use of abortifacients used later than the 9 weeks 6 days limit carries greater risk of complications which I would be responsible for providing care for? And how can I provide assurance that this woman is suffering from domestic abuse unless it has been previously disclosed to me… These factors are virtually impossible to verify without a face to face consultation”.
(5 years ago)
Commons ChamberThe point I make is that these are some of the most serious offenders, and, as I said, my constituents would not accept something along those lines. Furthermore, when we look at statistics on current detention times, we see that for the majority those are very short, with 74% detained for less than 29 days. For those held for substantial time periods, there must be a compelling reason, such as public safety. For example, we have the example of a man who gang-raped a 16-year-old, has a history of absconding and has delayed his own removal with five unsuccessful judicial reviews. Lawful immigration detention is needed to keep the public safe, so I cannot support these amendments. My constituents want a fair immigration system but they also rightly expect that system to keep them safe.
Turning to new clause 2—
I will not give way any further.
I praise my hon. Friends for their commitment to protecting children in care, particularly my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who has long been a champion for children. Vulnerable children should always be in our minds when we make policy, and I echo the comments of my hon. Friend the Member for Eddisbury (Edward Timpson) on ensuring that nobody is left behind. However, I know that the Minister shares my concern that this proposal may inadvertently create a two-tier system. So rather than legislating in this manner, we should be strongly doing all we can to encourage local authorities to identify those vulnerable children and make sure that their EU settlement scheme applications are processed so that they have full and proper proof of their status and access to the documents for the rest of their lives, because we must never allow another situation such as Windrush to happen again.
On new clause 29, we have a proud history in this country of providing safe refuge, whether to the Kindertransport children or to Ugandan Asians fleeing Idi Amin. These are human stories and they should always be in our minds when we look at our policies today. The UK’s resettlement schemes have offered a safe route to the most vulnerable and given them a safe home on our shores. Unaccompanied children who are seeking international protection in an EU member state and have specified that family members are here in the UK should continue to be reunited with them, and I am glad that the Prime Minister has stressed the importance of that. The Government have approached the EU to offer a future reciprocal arrangement for the family reunion of unaccompanied asylum seeking children, and we know that a legal text was published in May to contribute to those negotiations. Getting a reciprocal arrangement is in the best interests of those vulnerable children and those families. We must not act unilaterally, as this amendment would have us do, as that would have a negative impact on the number of children who receive our help. Instead, we must work with the EU to form a joint agreement, and we in Parliament must allow time for these negotiations to play out, without binding the hands of our negotiators. We have seen what happens when Parliament tries to do that in past negotiations and we do not want to see a repeat of that.
This is an important Bill. It delivers on the referendum result and helps those of us on the Government Benches in particular, to repay the trust that the British people put in us in December. I vowed in December that I would do my utmost to represent the views of my constituents, whether in Bishop Auckland, Shildon, Barnard Castle or Spennymore, and that means backing this Bill and supporting a fair, robust immigration system that opens our arms to people across the world who have the talents and skills that our country needs to prosper.
This Bill defines the type of country that Britain will be for decades to come and, more importantly, it reflects the type of country we want to be. My constituents and I care deeply about fixing our broken immigration system and replacing it with a regime that puts the United Kingdom first.
I wish to make it clear that the Bill has the support of my constituents. Rother Valley demanded an end to free movement: the Bill ends free movement. Rother Valley urged the Government to introduce a fairer points-based system for immigrants: the Bill does that. Rother Valley called for a transition to a high-wage, high-skill and high-productive economy: the Bill delivers that change while protecting our businesses and essential public services. We voted overwhelmingly for Brexit in Rother Valley. For too long, our voices were ignored on issues such as immigration. We watched our area decline from chronic underinvestment, which caused business closures, soaring unemployment and a lack of skills, training and education.
Meanwhile, Britain experienced an unlimited and uncontrolled influx of cheap labour from Europe. Thanks to the tyranny of the European Union, there was nothing we could do to manage our borders. A fundamental aspect of sovereignty was stripped from us and left us without a voice, but we have now found our voice. We took back control in 2016 and we are taking back control today with this very Bill, unamended.
In the wake of the coronavirus, we shall have a new immigration system in place that attracts the best and brightest from around the world, no matter where they come from—from Europe and beyond.
How would the hon. Gentleman react to the news that I had from my constituency that a professional couple who have lived here for 40 years—they were both born in France—and whose children were born here, who have contributed and brought skills to this country, are now thinking about leaving because of this sort of hostile environment that has been created by the Bill? Surely that goes against everything he has just said.
I question whether the hon. Lady’s constituents are leaving because of this Bill, but I welcome everyone wherever they came from. In fact, my grandparents came to this country, and so I do not think the Bill is scaring anyone away. To say so once again underlines why the Bill is so important and the fact that those on the Opposition Benches do not get this country.
Crucially, this Government are ensuring that there will no longer be an automatic route for low-skilled foreign workers into the UK. We shall take immigrants as and when our economy needs them, but on our terms and not forced on us by bureaucrats in Brussels or by the real power brokers in Berlin.
I remind the hon. Member that the hostile environment was created by the previous Labour Government and had no effect on anybody who was coming into this country from the continent of Europe under freedom of movement in the first place. It is incredibly good news that more than 3.5 million applications to the EU settlement scheme have already gone through, and we can be very proud of that.
Does the hon. Gentleman feel that the Prime Minister should honour the pledge he made during the general election that all EU citizens here had no need to worry about settled status and would have guaranteed citizenship?
What the Prime Minister sought to do during the election was to reassure anybody who was here and had come here under freedom of movement from the continent of Europe that they would always be welcome here. All hon. Members in this place should urge anyone they know who has not applied thus far for the settled status scheme to do so immediately, because they are welcome here and contribute hugely to our national debates and national life.
I am grateful to my right hon. Friend for that, and I certainly share his sentiment, but, for reasons that I am going to come on to in a moment, I am going to try to avoid any words of condemnation. I wish to thank Detention Action for providing a helpful briefing, which points out that the claim that trafficking victims, with whom it works, are rarely detained beyond 28 days is “not true”. It has given us a number of accounts, but I am sorry to say I do not have time to read all of them into the record. However, it states:
“J had to leave her country of origin because her partner, who held a senior position in the army, was abducted and she was raped by the people who abducted him. When she tried…to leave her country, she ended up being trafficked”.
The story goes on and on. Such a person ought to be helped. We have a real problem with people who have been trafficked all too often ending up with criminal offences; we end up prosecuting, whereas they are people for whom we should have compassion. I do not doubt that these cases raise extremely delicate and tricky issues of evidence and justice, because, of course, some people will plead falsely that they have an excuse under a trafficking law, but we really do have to rise to the challenge of looking after people such as J, and indeed A and P, whose stories are in this briefing.
On this point about the availability of bail meaning that people are not detained for longer than they should be, let me say that that is not correct. I understand that £8 million was paid out in unlawful detention cases in 2019, and that judges have wide discretion—indeed, my right hon. Friend’s new clauses try to reduce that discretion. Bail decisions can be made on the basis of very limited evidence, and first tier tribunal judges in bail hearings do not have jurisdiction to decide the lawfulness of detention, only the High Court can do that. On and on the evidence goes, but I do not have time to put it all on the record.
What do I really want to say to the Minister? I want to praise him and officials, because I recognise, after 10 years of representing Wycombe, diverse as it is, that dealing with immigration is an extremely delicate, difficult and tricky job, characterised by very high volumes of often heartbreaking case work. I want to pay tribute to officials and I do not want us to be in an environment of condemnation, where people who are working hard and doing their best, with high levels of skill, end up with so much incoming fire. I do, however, want to say to the Minister that I could have stood here for another 20 minutes going through cases of injustice and setting out areas where there is opportunity for reform.
As a former Brexit Minister responsible for legislation, I recognise that this is an EU withdrawal Bill and its scope is:
“To make provision to end rights to free movement of persons under retained EU law”
and so on. Listening to the debate, it seems that we have perhaps forgotten that this is the Report stage of such a Bill. I understand the scope of the Bill and that this is not the end of the journey on immigration, but I say as gently as possible to the Minister that when he comes to the Dispatch Box I am hoping that he will set out something of where the Government intend, in the round, to get to on these issues of justice in the migration system and, in particular, on the principle of indefinite detention. It is right, morally, that we should treat people equally, wherever they come from, whether they are UK citizens or not. With that in mind, we really should be working towards ending indefinite detention, and we should certainly make progress on all those other areas on which I can and will provide details to the Minister. I hope we can do that without an endless series of urgent questions and Adjournment debates.
I wish to speak to new clauses 26 and 28, and to support new clauses 1, 7 to 10, 13 and 29. I believe this Bill is hugely flawed and potentially damaging because of the atmosphere it will create and the way in which it will undermine people who make a valuable contribution to our economy. If we accepted the jigsaw of amendments, we could turn the Bill on its head and it could become a positive and welcoming piece of legislation, which would value people who come to this country and make a contribution. It would welcome children, reunite them with their families and send a positive message to the rest of the world.
New clause 26 would remove the right-to-rent charges, which the High Court ruled in March 2019 caused landlords to discriminate on the basis of ethnicity when demanding proof from proposed tenants, and therefore breached their fundamental human rights. I would think that a right-thinking Government would want it in the Bill, to protect those human rights.
New clause 28 is about the sharing of data between public bodies such as police, the national health service and schools with the Home Office for immigration enforcement purposes. That is a fundamental pillar of the hostile environment that has appalling implications for those it affects, and often prevents victims and witnesses of crimes from coming forward for fear of being detained or deported.
As I say, those two new clauses could fit with the jigsaw of amendments placed before Parliament today, and fundamentally change not just the Bill but the atmosphere it creates and how it treats those who come to this country in search of a new life, including those whom we have for the past three months gone out many Thursdays and applauded for the contribution they make to our national health service and social care—the contribution they have made by putting their lives on the line for us. Instead of demanding a surcharge from them to work in that service, we should offer them indefinite right to remain in this country.
By making these changes, we would move away from the hostile environment, which I learned the origins of today, and I have to say that I am not as concerned about those as Conservative Members are. I am concerned about the impact it has had and continues to have on this country. I therefore ask the Minister and the Government to seriously consider these amendments, which would send out a message that we value people for who they are and the skills they bring to this country, and not just the monetary value of what they earn. We could do away with the NHS surcharge and allow those who have contributed to remain in this country and feel valued. We could create a system that reunites lonely, vulnerable, displaced children with their loved ones and gives them an opportunity to have a fine life, a good life in this country. We could say that we recognise that it is inhuman to keep people in detention for more than 28 days, and we could give asylum seekers the right to work, to contribute, to bring their skills to the table and help build and enhance our society and our economy, rather than denigrate them, rob them of their dignity and see, as a result, the sort of tragedy we witnessed in Glasgow last week.
We could send a message that we want to welcome people, that we will value them, and treat them humanely and with compassion. That is the country I have always understood us to be. An hon. Member said earlier that some of us on the Opposition Benches just do not get this country. I would contend that it is those of us on these Benches who do get this country, who get the people in this country and who get what they want to offer the people who come here to make a contribution and who have helped to make this country what it is.
I have listened carefully to what has been said by Opposition Members, and I am not persuaded that the Bill is anything other than a good piece of legislation on the whole. The question for the House this afternoon is whether it could be improved, and that is why I put my name to the amendments and new clauses tabled by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) and by the Chair of the Home Affairs Committee. I will listen carefully to what the Minister says, but he should remember that the Bill has a long journey still ahead of it down to the other end of the Palace, where undoubtedly some of these issues will be prominent in the minds of their lordships.
Like the hon. Member for Hornsey and Wood Green (Catherine West) I had the opportunity, courtesy of the Home Office, to visit Brook House. I went there following the “Panorama” programme, which led us to believe that the conditions were inhumane. Actually, I thought the conditions were both humane and decent.
I will come directly to the point I wish to make about the proposal for a 28-day limit. The problem is that the best regime in the world cannot ameliorate the fundamental injustice of a system that arbitrarily imprisons people without time limit, solely for administrative reasons. This is a matter not of criminal justice, but of the administration of our immigration rules—the distinction is important.
Many people in immigration removal centres have never been charged with any crime, while some have previously been in prison following conviction for a criminal offence, but have served their time. All are detained purely and simply because they are liable for removal. Some go on to be removed, but more than half are released at an arbitrary later date and are able to remain in the United Kingdom either temporarily or permanently. As other Members have said, we remain the only country in Europe to detain people indefinitely for the purposes of immigration enforcement.
If individuals have no right to remain here, our priority should be to strongly encourage other countries to accept the return of their citizens. That is something the coalition Government spent a lot of time trying to do from 2010 to 2015. Indeed, we should negotiate such deals and procedures as an urgent necessity. In this way, individuals are no longer left in limbo in immigration detention.
The proposal for a 28-day limit applies only to the use of arbitrary indefinite administrative detention. Convicted criminals will serve their sentences and then face removal if they have no right to remain. If the crime is particularly serious and the prisoner presents a risk to public safety, it will be for a criminal parole board to carry out a risk assessment and decide when and if they can be released. In those extreme cases, we should surely expect the immigration service to have removal arrangements in place to coincide with the release date.
The proposal is not a seismic change, but it would save the country the more than £500 a week per person that is currently spent on detention. That is a significant saving, since 27,331 people entered detention in 2017 alone. In addition, I was surprised to discover, as I indicated to my right hon. Friend the Member for Haltemprice and Howden, that over the past five years, £21 million has been paid out in damages for unlawful detention. That figure came from a recent Home Office question. That figure could be vastly reduced, if not eradicated, if a 28-day time limit were in place.