Illegal Migration Bill

Claudia Webbe Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I have to reduce the time limit to four minutes. I call Claudia Webbe.

[Claudia Webbe (Leicester East) (Ind)]

Thank you, Madam Deputy Speaker. The provisions of the Bill are inhumane and punitive. It has not improved with the Government’s amendments sent to the other place, which the other place has rightly rejected, proposing their own counter-amendments.

The Government remain determined to allow themselves to detain and deport even unaccompanied children; to disqualify many refugees from even attempting to apply for asylum or to appeal against unjust decisions; and to give the Home Secretary sweeping powers to make new rules or apply them as the Government see fit. Even if every amendment proposed by the Lords was passed, this would remain an odious Bill, and one that shames this House and shames this country, but the latest Lords amendments would at least mitigate some of the worst harms of the legislation—legislation that the Home Secretary cannot even say is legal under international law.

Firearms Bill

Claudia Webbe Excerpts

Committee stage
Wednesday 15th March 2023 Public Bill Committees

[Mr Jonathan Djanogly (Huntingdon) (Con)]

I declare my interest as chairman of the British Shooting Sports Council. I have to start by saying that I was somewhat surprised to see the measures presented in a private Member’s Bill, rather than Government legislation. There was a full Government consultation on the issue, with a very large number of responses. It came to a consensus—I think that has been generally recognised this afternoon—but one does still wonder: why a private Member’s Bill? Having said that, the Bill is good, including from the BSSC’s perspective. I congratulate the Bill’s promoter—or should I say promoters? We need to thank the very large number of people who contributed to the consultation, and to the drafting of the clauses, not least the National Small-bore Rifle Association, which created the framework of clause 1 on miniature rifle ranges.

On clause 1, target shooting with small-bore rifles is a challenging sport that is open to men and women of all ages, and accessible to competitors with a wide range of disabilities. British shooters regularly achieve international success, and since 2000, the home nations competing at the Commonwealth games have won seven gold, eight silver and eight bronze medals in small-bore rifle shooting. The law allows people to use small-calibre rifles at miniature rifle ranges without holding a firearm certificate. That exemption has provided an opportunity to introduce scouts, cadets, youth organisations, schools, colleges, universities and the wider public to the sport of shooting. I welcome the fact that the Government recognise the value of that exemption and are retaining it.

The BSSC agrees that the operator of a miniature rifle range should hold a firearm certificate in order to purchase, acquire and possess firearms and ammunition. That will ensure that they are subject to the same checks as other firearm owners and that they are responsible for the security of the firearms and ammunition. Miniature rifle ranges have traditionally used .22 rim-fire rifles. I agree that that should remain the case. I am pleased that the Government have clarified the point, and that it has appeared in the Bill.

Firearms law is administered by the police, in accordance with guidance issued by the Home Office, and no doubt the Minister will explain that the guidance is to be amended to recognise the new legislation. The non-statutory guidance sets out the “good reason” that is required to justify possession of a firearm. I will be grateful if the Minister confirms that the operation of a miniature rifle range will be regarded as a good reason for possessing suitable firearms and ammunition.

Large numbers of law-abiding shooters reload their own cartridges. They do so to save costs, to improve accuracy and to provide them with ammunition that is not commercially available—for example, for vintage or historical firearms. Viable ammunition requires a primer and a propellant, and there are already controls on those components. Some elements of the drafting of clause 2 on ammunition components—specifically, bullets and cartridge cases—mean that those are not controlled. That may need some review for clarity. I hope that the Minister and the Bill’s promoter can engage on that as the Bill proceeds.

Completed cartridges, to which section 1 of the 1968 Act applies, may be possessed only with a suitably conditioned firearm certificate. Any ammunition loaded must conform to the calibre and quantity specified on the firearm certificate, and cartridges must be stored securely to prevent access to them by unauthorised people. I was pleased that my hon. Friend the Member for Clwyd South recognised that in his remarks. Shooters who hold the relevant, valid certificates, permits and licences, and who load section 1 cartridges authorised by their certificates, do not commit an offence.

The BSSC was consulted on the changes proposed by the Government and discussed those matters with them. It will no doubt remain a matter for the police and the courts as to how intent to manufacture ammunition unlawfully is to be proven. However, I am satisfied that in the case of lawful shooters, reloading ammunition that they have authority to possess, no offence is committed under the proposed legislation.

On the Opposition amendments, I note that the shadow Minister, the hon. Member for Halifax, referred to recent incidents. I understand her wishing to debate such issues—I do not in any way discount them, or indeed the comments of the hon. Member for Plymouth, Sutton and Devonport in that regard, because they are important—but I hope that the Minister believes that we need to stand back, review the facts, the coroners’ reports and other evidence, and consult, rather than legislating immediately in a private Member’s Bill.

[Claudia Webbe (Leicester East) (Ind)]

I am delighted to speak in the Bill Committee, not least because I was for a decade a member of the Association of Chief Police Officers’ firearms committee, working alongside NABIS, the National Ballistics Intelligence Service. I therefore welcome the Bill, which is much needed.

For more than 25 years, we have prided ourselves in the UK on having the best firearms legislation in the world. We only have to look to places such as America to see how good the UK is, and we cannot deny the strength of our firearms legislation. However, there is a clear need, 25 years on, to address some problems with it.

We need new legislation partly because the internet has grown, and there is now 3D printing, which can produce 3D guns. The internet also allows people to order ammunition, leading to the disruption we have seen. People receive parcels of ammunition just through using the internet.

Illegal Migration Bill

Claudia Webbe Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Claudia Webbe (Leicester East) (Ind)]

It is frankly frightening that we are at the second stage of a Bill that begins with an effective admission by the Home Secretary that the proposed legislation is not compatible with international law and human rights obligations. Yet despite this, the Home Secretary says that they want this House to go along with it anyway. The European convention on human rights is often misrepresented by the Conservatives and their media friends, but the facts are that it was drafted by the UK and it protects the rights of my constituents in Leicester East and of every one of us.

The Bill is frightening, not just for refugees but because it sets a precedent that the Government can simply choose to derogate our human rights with almost no route to legal challenge. Not even children are safe under this Bill. While it does not instruct the deportation of unaccompanied children, it does give permission for their deportation if the Government or the Home Secretary so wishes. This is monstrous legislation, and no assurances from Conservative Members can make it less so. Will the Home Secretary commit today to protecting the rights of unaccompanied children and to ensuring that they will not be deported under any circumstances?

Let us be clear: while the Government disguise the Bill under their “stop the boats” slogan, this legislation is designed to give them the power to pick and choose which people from which countries and regions can apply for asylum, whether they come by boat or not. Many would argue that this is racist legislation, allowing safe and legal routes for a select group but not for others in classic colonial divide-and-rule style. According to the Government, a person escaping torture, persecution or war—even those wars involving British-made bombs and weapons—who applies for asylum on arrival is already disqualified and automatically made ineligible with no right of appeal, and under this Bill, they will be deported.

Furthermore, the Bill gives the Government the power to detain for 28 days human beings who have committed no crime, with no right of appeal or right to apply for immigration bail. This is a state-sanctioned fascism. It is inhumane and cruel. It is beyond dispute that the Bill is an attack on internationally protected legal rights, but it goes even further to explicitly state that its purpose is to exclude certain human rights entitlements from the asylum process. The Bill states that certain human rights claims are made inadmissible. It is also a move by the Government to put themselves and their agents above the law. The late, great Tony Benn famously said we should watch how a Government treat their refugees because that is how they will treat UK citizens—

[Mr Speaker]

Order. In fairness, I want to get everybody in, so please help each other and help me.

Rights of Children (Police Custody)

Claudia Webbe Excerpts

Tuesday 28th June 2022 Westminster Hall

[Claudia Webbe (Leicester East) (Ind)]

It is a pleasure to serve under your chairship, Mr Hollobone. I thank the hon. Member for Lewisham East (Janet Daby) for securing this important debate.

I am mindful not to speak about cases currently going through the courts. I intended to allude to child Q, unaware that the case is in court. I will modify my speech accordingly. None the less, it is damning in the 21st century to be talking about children being strip-searched by police officers while at school and in their own environment. It is also damning to have seen the public report, which I hope I can speak about. Perhaps I cannot, as I have just received an eye from the Chair. That report is public and gives a damning account of what—

[Mr Philip Hollobone (in the Chair)]

Order. Will the hon. Lady resume her seat? I am acting to try to protect the hon. Lady. She was honest to say that her speech was to be about a particular case, and now she is going to do her best to talk about the same issues without referring to the particular child, but we all know who she is talking about. She will have to be very careful and speak only in general terms. I am saying that to protect her and Parliament.

[Claudia Webbe]

Thank you for your guidance, Mr Hollobone.

We know there are cases where children are not given an appropriate adult when brought into custody, are not presented with their rights, or are asked whether they want representation. Such practices must end. We must come to a better understanding of how we treat children, not only when protecting them from crime, but when they are brought into custody and falsely accused, or otherwise.

I have dealt with cases in my constituency where children innocently engage in social media and are then caught in a spiral in system where they are brought in for questioning; they are frightened by the type of questioning and the way it is posed. They are immediately so fearful of that questioning and the adults in the room that they are ready to sign anything in order to get out of there as quickly as possible. Children should have an appropriate adult; they should be told their rights in a manner that gives them an informed choice about having proper representation. If necessary, a pause should be given, so that they can make that informed choice. It is important that they have an adult in the room and have proper legal representation because what they say and admit to in that room can rest with them forever and a day and affect every aspect of their life going forward. It is important that children get the right representation from the outset, because many of them are in the midst of important, serious exams that will affect the rest of their lives. They need to be in the right mindset to do those exams.

In one of the schools in my constituency, children had been accused of a form of bullying, which turned out to be a conflict between ethnicities and races. The children and parents were not given the proper support and advice, and the children were told to stay away from the school environment until the investigation was complete, without being given any support to study at home or do anything that enabled to them to have a better understanding of the education that they need to continue with.

I am continuing to be mindful not to talk about child Q, Mr Hollobone, but I will say that it is important that children are allowed to feel safe in their school environments, neighbourhoods and communities, and that they know that the first action by the police will not be to bring them into an invasive situation wherein they have less power, but that the police will treat children as children, with the right and proper support around them. I hope that all the recommendations that come out of many of the serious and important reports on the way that children are treated in custody are implemented, and that somebody is appointed at a senior level to ensure that this is the case. Too often, recommendations remain unadopted and sit at the bottom of the shelf, but they need to be implemented to protect the future. It is even more vital that racist and misogynistic attitudes are left out of the custody suite and interactions with children. Far too often, black and other globalised children are left reeling from racism and, if they are young women, misogyny.

Institutional racism and misogyny in the police force needs to be seriously addressed, especially when it involves children. At the end of the day, we are talking about police services that have already been deemed to have used sexist, derogatory and unacceptable language when it comes to dealing with people in their custody. We know of adults being wrongly strip-searched. We also know that two serving Metropolitan police officers were jailed for sharing photographs of the bodies of Bibaa Henry and Nicola Smallman, two young black sisters from north London who went missing in June 2020. The officers shared the photos with 41 members of a police WhatsApp group. The police were also accused of showing a lack of interest in the fact that the two sisters were missing, which delayed their search.

The Metropolitan Police Service was recently forced to deny that it is plagued by a culture of misogyny, after an official report revealed shocking details of officers sharing messages about hitting and raping women, as well as about the deaths of black babies and the holocaust. The Independent Office for Police Conduct said in its report on behaviour at Charing Cross police station that there was a culture of “toxic masculinity” and that the behaviour was not confined to rogue individuals, but was part of an offensive Metropolitan police culture. The report states:

“We believe these incidents are not isolated or simply the behaviour of a few ‘bad apples’.”

Of course, that inquiry came after the brutal police crackdown of a vigil in the memory of Sarah Everard. I do not believe that that case is—

[Mr Philip Hollobone (in the Chair)]

Order. The debate is about the rights of children while in police custody. I understand that the hon. Lady has made the remarks that she has for reasons of context, but the debate is specifically about the rights of children in police custody, so I would appreciate it if she came back to that subject.

[Claudia Webbe]

Thank you for that guidance, Mr Hollobone. Indeed, I was highlighting a policing culture that no adult, let alone a child, should be subjected to. We simply cannot expose children to that type of policing culture. It is therefore vital that measures to avoid holding children in police custody, or to reduce the time that they spend in it, are strengthened and enforced.

The Youth Justice Legal Centre found that children are not interviewed under caution outside a custody suite as often as they could be. Too often, children who are refused bail are not transferred to local authority accommodation, as is legally required; instead, they are kept in police cells. That must end. I also support the calls from the Just for Kids Law charity for an end to the overnight detention of children by police. Children are currently subject to the same time limit as adults. We cannot allow that to continue and it must change.

We must redouble our efforts to end the scourge of racism and misogyny that plagues our police forces and all aspects of society, and in doing so, we must ensure that our children are not exposed to unnecessary harm in police custody.

--- Later in debate ---

[Rachel Maclean]

I will come on to the point that the hon. Lady made about black children, but I hope she heard my earlier comments about the importance that the Government place on prevention. That is the reason for the hundreds of millions of pounds we are spending over the long term on violence reduction units, to look at what actually works in this space to prevent young children from being drawn into knife crime, gang culture and a life of crime. [Interruption.] Sorry, did someone wish to intervene?

[Claudia Webbe]

Obviously, the Minister was referring to the policing of black children, not the criminalisation of black children.

[Rachel Maclean]

I will move on in my speech and address those points.

Turning to the issue of children being detained in police cells, whether they are black or any other ethnicity, looking at the system as a whole, I am pleased to say that Her Majesty’s inspectorate of constabulary and fire and rescue services reports that its custody inspections show a decrease in the number of children held in custody in recent years. I think we can all agree that that is positive, although we must continue to keep that under review.

We take our responsibilities towards children in detention seriously. Those aged under 18 should not be treated in the same way as adults in the criminal justice system. They should not be placed in a cell or be allowed to associate with an adult detainee in any circumstances. We are clear that all new custody suites must be designed with the capability to allow separation of adult males, adult females and children.

Members have made reference to data in their speeches. I can tell the House that the Home Office will publish data on strip searches in custody for the first time this year as part of a wider custody collection, which will greatly increase transparency and accountability. We anticipate that this collection will ultimately become mandatory.

Nationality and Borders Bill

Claudia Webbe Excerpts

Consideration of Lords amendments
Tuesday 22nd March 2022 Commons Chamber

[Danny Kruger (Devizes) (Con)]

With 20,000 Syrians, 18,000 Afghans, 100,000 Hongkongers and an unlimited number of Ukrainians—probably upwards of 100,000 are expected—it is just not the case, as the hon. Member for Birmingham, Hall Green (Tahir Ali) just said, that there is not an ounce of compassion in this country for supporting refugees fleeing from conflict. It is simply not the case.

Of course there are difficulties, and there is too much bureaucracy in many cases, and we are all familiar with that. I do not think there is any individual to blame, whether Ministers or officials. The fact is that systems are often clunky and bureaucratic, and we need to improve that, but there is a factor that applies when we consider mass migration and asylum in our times. We are trying to manage hard borders in an age of free trade and mass migration. We are facing enormous pressures on our borders.

Beyond the remit of this Bill is our foreign engagement. We need to be more engaged. In other debates, we have discussed the need for further investment in our defences, in development spending and in our diplomatic corps. I also think we need to accept more refugees into this country in the years ahead—not more economic migrants, except for those who are highly skilled and able to make a significant contribution, but certainly more refugees.

I want to speak briefly in support of the sponsorship scheme that the Government have introduced, which is so good as a model. Rather than Government and councils being responsible for identifying migrants and admitting them into this country, we are inviting communities themselves to take the lead, and I find it surprising that Opposition Members, who object so strenuously to bureaucracy and faceless systems, want the Government to match refugees with sponsors. They think councils should be responsible for organising where people come and live. I think we have a better system that is self-organising. Members around the House will have noticed the inspiring example in eastern Europe of communities reaching out to refugees, which is all self-organising and shows that it does not need Government to match people.

How do we do this securely? It is totally wrong to say that anyone who breaks into the UK has a right to live here. It is a terrible incentive for people to take dangerous trips across the channel, it is unjust to legal migrants and refugees, and it is wrong for the citizens who live here. It is the essence of sovereignty that people cannot just decide to move here on their own initiative. We have a moral obligation to illegal migrants to save their lives if they undertake these dangerous journeys, to treat them with absolute decency when they get here and then to return them to the back of the queue. If possible, that means back to the last safe country they were in, and if necessary to a third country. The effect will be to deter this dangerous and illegal crossing.

We must do more to deter people smuggling, which is why I support the measures in the Bill to introduce stronger penalties for people who break into this country, much stronger penalties against the smugglers who bring them over, more power and resources for our Border Force, including opportunities to return to France if that can be done safely, and more power to remove illegal immigrants.

I will finish with two quick conclusions. First, I think we need more use of the community sponsorship route as the default model for refugee resettlement. I echo the point made by my right hon. Friend the Member for Ashford (Damian Green) earlier. I believe in the generosity and compassion of local communities in this country, and I believe that community sponsorship is the most effective way to accommodate refugees and asylum seekers in our country. Secondly, to ensure the security of our borders, I wonder whether we should consider a new Department for borders that looks after visas, asylum and security. A smaller and more effective operation might be better.

[Claudia Webbe (Leicester East) (Ind)]

The Bill is anti-refugee to its core. It lacks basic humanity and represents an acceleration of the Government’s deeply damaging demonisation of refugees and asylum seekers. Its callousness has been further illuminated by the situation in Ukraine. The Government must provide safe passage and refuge for displaced people, refugees and asylum seekers arriving from Ukraine and all theatres of conflict around the globe.

The outpouring of compassion and solidarity for people fleeing Ukraine has been inspiring, yet when we contrast that to how asylum seekers from non-European and non-majority white countries are treated by the Government, a worrying picture emerges of the inherent racism in how crises are reported, discussed and responded to. The sorrow and despair that we all feel for Ukraine should be identical to the sorrow and despair that we feel for Yemen, Palestine and Syria. The media class and the Government must recognise that every conflict is deserving of our solidarity and our compassion, so the UK must not only rapidly extend its support for people fleeing Ukraine but abandon its unbelievably callous refugee and asylum policy—starting by ripping up this Bill.

Many of the Lords amendments would improve the Bill. I especially support Lords amendment 4, which removes the licence given to the Home Secretary to deprive British people of their citizenship without informing them. I also support Lords amendment 5, which seeks to ensure that the Bill does not violate the UK’s shared international obligations under the refugee convention. Lords amendment 6, which removes from the Bill the power given to the Home Secretary to treat people differently according to the way that they arrive and claim asylum, must also be adopted to prevent a two-tier system that would limit protection for refugees due not to their need but to their method of travel.

I also support Lords amendment 7 on permission to work, yet I believe the six-month limit should be lifted and that people claiming asylum should be able to work regardless of how long they have been in our country. Lords amendments 8 and 9 are steps in the right direction, yet they do not go far enough to prevent asylum seekers from being transferred to other countries and processed offshore. Lords amendment 10, which would introduce a family reunion provision, is important, yet we must accept all people fleeing war, persecution and other horrors, not only those with family ties in the UK. I wholeheartedly support Lords amendment 54, which prohibits the use of new maritime powers contained in schedule 6 in ways that would endanger life at sea. That is an abhorrent proposal and we must fight tooth and nail against its ever being implemented.

Overall, although the Lords amendments improve important aspects, they do not go nearly far enough to rectify this irredeemable Bill. Time and again, the Government have chosen to turn their back on those seeking protection from war, torture or other awful acts. The Bill will compound the misery of people fleeing intolerable conditions. It must be scrapped.

[Tim Loughton]

I welcome the Bill, although not without reservation. The ridiculous caricature that we just heard from the hon. Member for Leicester East (Claudia Webbe) and from other Opposition Members helps absolutely nobody.

I very much welcome the offer to meet the Minister on my issue of family reunion. I welcome the flexibility that he and other Ministers have shown on the We Belong campaign by young people who have been in this country for many years and whose wish to become officially British will at last be speeded up. I do not welcome the litany of constant carping from Opposition Members, who have not offered a single practical solution to the serious problems that we are facing, particularly in the channel. They have had every opportunity to do so and they have failed on every occasion.

I support Lords amendment 7—I said that my support for the Bill was not without reservation—and I think there is merit in the six-month campaign. There is a waste of talent that is left in limbo in this country that we could put to good use. I also welcome Lords amendment 12—the genocide amendment—and the good work done on it by Lord Alton. As somebody who has been sanctioned by China for my support of the recognition of genocide, I would be expected to support that.

I will concentrate on Lords amendment 10—the so-called Dubs amendment. I have form in this area, and I am afraid that the family reunion scheme needs to be much better. The Minister said that there is already generous provision in our rules for refugee family reunion, and 40,000 people have benefited from that, but only since 2015 or over seven years. The Home Secretary did say some time ago that she wanted to see a generous equivalent replacement for Dublin III as we came beyond Brexit. I want to hold her to that promise, but I fear what is contained in the Bill does not hold water.

The Dubs amendment would expand family reunion so that unaccompanied children in Europe can easily join family members in the UK, such as their grandparents, aunts, uncles and siblings. At the moment, however, the UK’s refugee family reunion rules only cover children trying to reunite with their parents in the UK as long as a parent has refugee status or humanitarian protection, and the child was born before their parents fled the country of origin. This rule is limited so that it excludes most unaccompanied children and prevents them from uniting with family.

For some children, these are their closest surviving relatives. They may be aunts and uncles because they have lost their parents in a place of war. Refugees may have lost their parents before they left their country or on their journey to sanctuary, and siblings in this country may be the only link they have. We have seen the horrendous pictures from Lesbos of the camps there containing many unaccompanied children, where there are fires, predators and other dangers, and those are the young people we really should be concentrating on rescuing. In refusing one case, the Home Office said:

“You currently live in a shelter for unaccompanied minors… I note you have provided no evidence why this arrangement cannot continue”.

That is not a permanent solution.

The Government have also argued that there is discretion to allow family reunion outside the rules in certain circumstances, but it is not right that children who had a clear official route to safety and family reunion under the EU’s Dublin III regulation are now reliant on Government discretion. This discretion is rarely exercised, and the very few cases actually granted outside the rules are mainly done so only on appeal, which requires legal assistance. At best, children are left waiting months alone and separated from family, and at worst, they are prevented from safely joining loved ones at all.

I call on the Government to make good on the promises given by the Home Secretary as we moved out of the Dublin III regulation post Brexit. There has been a long hiatus, but we need to put that right and that is why I support Lords amendment 10 in doing that.

Nationality and Borders Bill

Claudia Webbe Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Claudia Webbe (Leicester East) (Ind) [V]]

The Nationality and Borders Bill is anti-refugee to its core. I will fight it every step of the way. It lacks basic humanity and represents an acceleration of the Government’s deeply damaging demonisation of migrants and asylum seekers.

The Bill will enable the UK Government to block visas for overseas visitors if the Home Secretary believes that their country of origin is refusing to co-operate in taking back those the Government want to deport. Asylum seekers will be able to be removed from the UK while their asylum claim or appeal is pending, which opens the door to offshore asylum processing.

Those who have fled war, famine, persecution or violence will be blocked at the border, based on the false premise that a refugee who has sought to escape persecution and danger through what the Government call an irregular route to the UK ought not to seek protection, creating a two-tier system regardless of need and criminalising those seeking protection, while failing to end indefinite detention. That is cruel, deeply unjust and unworkable, all from a Government comprised mostly of individuals who have led lives of extraordinary privilege.

The Bill is illegal, breaching commitments under the refugee convention of 1951. Like many places in the UK, my home city of Leicester is forged from a proud history of welcoming refugees and asylum seekers. We are better for our diversity.

The Bill shows that, far from learning from the appalling treatment of the Windrush generation, the Government are intent on expanding the damaging hostile environment. Asylum seekers who arrive in Britain are often from countries where the UK has contributed to their disruption, either by arming current conflicts or through the enduring legacy of colonialism.

The UK Government have persistently been warned that if they do not open safe and legal routes for people to practise their legal right to claim asylum, deaths at sea are unavoidable. Yet they have proceeded to close the few legal avenues that exist, such as the right to family reunion. Time and again, the Government have chosen to turn their back on those seeking protection from war, climate disaster, torture or other awful acts. The Bill will compound the misery of people fleeing intolerable conditions.

The Government must end the destructive demonisation of refugees and asylum seekers and abandon this deeply damaging Bill.

Amnesty for Undocumented Migrants

Claudia Webbe Excerpts

Monday 19th July 2021 Westminster Hall

[Claudia Webbe (Leicester East) (Ind) [V]]

It is a pleasure to serve under your chairship, Mr Hosie. I congratulate the hon. Member for Ipswich (Tom Hunt) on securing this important debate, although I disagree wholeheartedly with what he had to say.

I congratulate the more than 100,000 people who signed the petition calling for this debate, including the more than 1,200 Leicester East residents. Although I wholeheartedly support the petition’s call for the urgent regularisation of undocumented migrants, with a safe pathway to citizenship after five years, I suggest politely that its use of the word “amnesty” is not quite accurate because it implies wrongdoing. The reality is that in nearly all cases undocumented people are not criminals but have simply fallen through the cracks of the Government’s callous hostile environment policies.

Last year I tabled an early-day motion calling on the Government to take immediate action to ensure that leave to remain is granted to undocumented migrants, irrespective of their nationality or immigration status, so that they can access healthcare, food and housing. The issue came to a head when it became clear that undocumented migrants would be left out of the vaccination programme. It was clear to many that we were only ever going to be as safe as the most vulnerable among us. Earlier this year, I pushed again, including with another early-day motion calling for undocumented migrants to be granted leave to remain so that no one is excluded from that necessary protection. Such exclusionary practices are not only morally abhorrent; they also undermine the whole purpose of a vaccine. While people and institutions discriminate, the virus does not. The only way for the vaccine to be effective is by ensuring that everyone is protected from the virus.

Most migrants enter the UK through legal routes. As we have heard, the Joint Council for the Welfare of Immigrants estimates the figure to be 82%. Every two and a half years, a migrant must pay thousands to stay. A migrant on the 10-year route will have paid £12,937 in fees alone. They will have been denied legal aid to seek legal advice about, or appeal the refusal of, their applications. If at any point they are unable to submit the right application at the right time and with the required fee, they will become undocumented. This is deeply unjust.

There are an estimated 1 million undocumented workers who lack any entitlement to support from the state and who are, therefore, entirely without funds to feed, clothe and house themselves and their families. For a demographic who already face uncommonly difficult challenges in their daily lives, the pandemic has only deepened fears over how to maintain an income, remain healthy or even stay alive.

Many undocumented people are destitute and live in the shadows, fearful of what would happen to them if they identified themselves. They cannot access healthcare, emergency shelter or food, nor report or seek protection from domestic violence, sexual assault, exploitation and other awful abuses. Following the Immigration Acts of 2014 and 2016, the invisibility in which undocumented migrants are required to live has led to many of their human rights being effectively denied by the criminalisation of their right to work and to rent housing, while limiting their access to healthcare, contravening article 25 of the United Nations universal declaration of human rights. For people forced to endure this level of instability, it is impossible to comply with any Government guidance on self-isolation and social distancing. It is morally and practically imperative that the basic needs of all those living in this country are met.

The tragic irony is that many undocumented people who live in constant fear of the British state work in the frontline services that the Government have been at pains to praise and even clap for during this crisis. We must ensure that all workers, regardless of their immigration status, are valued and protected as we rebuild our economy and society. It is essential that the Government take immediate action to ensure that leave to remain is granted to everyone in the UK, irrespective of their nationality or immigration status. All migrants, regardless of status, ought to be granted rights that respect their humanity and allow them to live with dignity and fully participate in society.

Hate crime has more than doubled since 2013, so it has never been more important for the Government’s demonisation of migrants to end. Together, we can build a society in which everyone is valued, no matter their country of birth. More than ever, what is needed is status now.

Delays in the Asylum System

Claudia Webbe Excerpts

Wednesday 7th July 2021 Westminster Hall

[Claudia Webbe (Leicester East) (Ind)]

It is a pleasure to serve under your chairship, Mr Mundell. I congratulate the hon. Member for Stockport (Navendu Mishra) on securing this hugely important debate.

The current delays in the asylum system are appalling, with 66,000 people waiting for an initial decision from the Home Office on their asylum claim—the highest number for more than a decade. Three quarters of them have been waiting for more than six months, with many waiting in a state of severe anxiety for as long as three years or more. I am dealing with cases in my constituency of people waiting seven or eight years for a decision. That is why we must fully support the Lift the Ban campaign, which calls on the Government to overturn the ban on people seeking asylum being able to work. How do the Government expect people to survive for months and years without earning a living?

Under this Government, the number of children waiting for an initial decision for more than a year has increased more than twelvefold—from 563 in 2010, to 6,887 in 2020. That appalling record robs those children and young people, who have already endured unimaginable suffering, of their childhood. The size of the backlog is a result not of an increasing number of asylum applications but rather of the inability of the Home Office to keep pace with initial decisions. This is a crisis of the Government’s own making and it stems from their utter disregard towards those seeking safety. I fear that this crisis will only get worse, as the Government’s immigration plans lack basic humanity and represent the latest step in their pernicious demonisation of migrants and asylum seekers. They have rightly been criticised by human rights organisations such as the United Nations High Commissioner for Refugees and the British Red Cross.

Yesterday, as we heard, the Government confirmed that they will press ahead with the Nationality and Borders Bill, which is anti-refugee to its core. The Bill will enable the UK Government to block visas for overseas visitors if the Home Secretary believes that their country of origin is refusing to co-operate in taking back rejected asylum seekers or offenders. It will also allow for the removal of asylum seekers from the UK while their asylum claim or appeal is pending, which opens the door to offshore asylum processing, and family reunion rights will be further curtailed as well. Analysis of Home Office data by the Refugee Council found that, under the reforms, 9,000 people who would be accepted as refugees under the current rules may no longer be given a place of safety in the UK due to their method of arrival. Time and again, the Government have chosen to turn their back on those seeking protection from climate catastrophe, war, torture, persecution and other heinous acts. The Bill will compound the misery of people fleeing intolerable conditions.

The Government must end the delays in the asylum system, as well as the abhorrent practice of indefinite detention, which has led to inhumane treatment in centres such as Yarl’s Wood and Napier barracks. Ultimately, the Government must repeal the Immigration Act 2014; end the destructive demonisation of undocumented people, migrants and asylum seekers; address the backlog of those seeking asylum; and abandon the deeply damaging Nationality and Borders Bill.

Police, Crime, Sentencing and Courts Bill

Claudia Webbe Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

With apologies to the hon. Member for Leicester East (Claudia Webbe), who is about to speak, I am afraid that I have to reduce the time limit to three minutes. I will be a little lenient with the hon. Member, but it will certainly be three minutes after her. I call Claudia Webbe.

[Claudia Webbe (Leicester East) (Ind)]

Thank you, Madam Deputy Speaker. I am gravely concerned by this legislation, which, frankly, would not look out of place in the world’s most authoritarian regimes. The fact that this legislation could introduce, for damaging a statue, a sentence that is twice the length of that for sexual assault reveals how utterly unserious this Government are about tackling gendered violence.

The legislation will have a disproportionate effect on African, African-Caribbean, Asian and minority ethnic communities. We know that black people already disproportionately suffer from police use of force in the UK, are more likely to be charged and are over-represented in the prison population. Human rights group Liberty has expressed concern about the provision to widen stop-and-search powers because they are used against communities of colour, especially black men, at staggeringly disproportionate rates. According to Roma rights group Friends of Romano Lav, the legislation will also have a devastating effect on Gypsy, Roma and Traveller communities. This Bill therefore threatens to severely exacerbate an already unequal two-tier justice system in which UK residents are treated differently because of their background or the colour of their skin.

It is for that and many other equality reasons that I tabled new clause 54, which would introduce a statutory requirement for the equality impact analysis that is currently missing from the Bill. That would compel the Secretary of State to review the equality impact of the Bill and publish a full report to the House of Commons within six months. The review would include racial and ethnic disparities, income inequality, gender inequities, people with protected characteristics, public sector equality and regional inequality.

Given existing legislation, it is shocking that the Government do not already feel compelled to produce such a report. An equality impact analysis would ensure that it was not possible to ignore the severe inequalities in how the criminal justice system treats different groups of UK residents, and that would lay the groundwork for a fairer and more equitable criminal justice system. It is especially alarming that the Bill gives even more powers to the police to crack down on peaceful protests. Organised peaceful resistance is a force for change and deserving of our full support.

I sincerely hope that new clause 54, as well as all the amendments and new clauses I have highlighted and the many others that there has not been time to mention, will be adopted to curtail this deeply concerning, authoritarian Bill. I will end with this, Madam Deputy Speaker: if the Bill cannot be made considerably more equal, more transparent and more respectful of our democratic rights, it must not be brought into law. If it passes into law unchanged, I fear for the future of our civic life.

[Jackie Doyle-Price (Thurrock) (Con)]

I am very pleased to speak to new clause 18 in the name of the hon. Member for Oldham East and Saddleworth (Debbie Abrahams), with whom I co-chair the all-party group on women in the penal system. The new clause seeks to amend the Bail Act 1976 so that prisons are not used as the care of last resort for vulnerable people. At present, courts can remand an adult into prison for their own protection without them having been convicted or sentenced, or when a criminal charge they face is unlikely to—or, in some cases, cannot—result in a prison sentence. I am afraid it is quite wrong for prisons to be used for secure protection in that way. If we believe in civil liberties and we believe that vulnerable people require support and not incarceration, the power must be repealed.

I will look for comfort from my right hon. and learned Friend the Lord Chancellor, who I am sure shares my sentiments and does not wish prison to be used in that way. Some of us might argue that, too often, vulnerable people who have been failed by the state end up in prison in any case. The new clause would repeal the power of criminal courts to remand a defendant in custody for their own protection. That, I would add, is entirely consistent with the direction of travel of Government policy in this area. I can attest to the fact that when I was Minister for mental health, we invested heavily in places of safety so that people undergoing a mental health crisis were not remanded in custody for their own protection. We also had the Mental Health Act review by Sir Simon Wessely, who has explicitly recommended the removal of the power.

Windrush Day 2021

Claudia Webbe Excerpts

Thursday 1st July 2021 Commons Chamber

[Claudia Webbe (Leicester East) (Ind) [V]]

I congratulate the hon. Member for Dulwich and West Norwood (Helen Hayes) on securing this important debate.

I am a daughter of the Windrush generation. When my parents and my family arrived from Nevis and settled in Leicester, they made tremendous sacrifices so that they could contribute to our local and national community. The Windrush generation were part of a brief post-war attempt to reconcile centuries of extractive, violent colonialism by ensuring that members of the British empire could settle in the UK. Despite facing horrific systemic racism and discrimination, the Windrush generation helped to rebuild a country ravaged by war and made an immense contribution to shaping the country we live in today.

The British state has not held up its end of the bargain, and the mistreatment of the Windrush generation that ensnared UK residents in the Government’s callous, racist hostile environment immigration system is one of the most evil chapters in modern British history. British citizens who built our NHS, who worked in frontline jobs and whose actions define public service were criminalised. They were denied access to work, housing and healthcare for no other reason than their country of birth or the colour of their skin.

The Equality and Human Rights Commission found that the Government had failed to comply with their equality duties. Wendy Williams’ Windrush lessons learned review found a culture of neglect within the Home Office that created conditions in which British citizens were systematically denied their rights due to damaging, pernicious immigration targets. That review made 30 recommendations that the Home Secretary committed to implementing, yet progress has been slow—so slow that Wendy Williams accused the Home Office of paying “lip service” to the urgent reform that is necessary. It is utterly shameful that only 687 people have received compensation from the Windrush compensation scheme out of 11,500 people who the Home Office estimated might be eligible, although the National Audit Office found that 15,000 people might be eligible. That means that less than 5% of people whose lives were unjustly ruined by this Government have received the compensation they deserve. Tragically, at least 21 people have died waiting for justice.

The National Audit Office found that despite the compensation scheme needing 125 full-time caseworkers, when the Home Office launched the scheme, it had only six in post. Applicants are also forced to go through a complex, convoluted and tortuous process that includes at least 15 steps, and the wait times are unacceptably long. This derisory commitment shows how utterly unserious this Government are about making amends for their abuse of human rights. Frankly, it seems that this Government could not care less about the victims of their own institutionally racist policies. Putting the same Home Office that is responsible for the Windrush scandal in charge of the compensation scheme is like leaving a fox in charge of a henhouse. The scheme must be removed from Government and placed under the control of a properly funded, independent regulator.

The mishandling of the Windrush compensation scheme rubs salt into wounds, heaping insult upon injustice. Under this Government, citizenship rights have been deliberately obscured, and deportation and removal targets have taken precedent. They have made no effort to end the institutionally racist hostile environment policies that created this disaster. Indeed, the Windrush scandal is perhaps the definitive example of institutional racism, and the fact that this Government have embarked on a damaging crusade against the reality of institutional racism shows just how little they have learned from the suffering of the Windrush generation. I am very concerned by this Government’s denial of structural discrimination, as demonstrated by the Commission on Race and Ethnic Disparities’ report, which sought to blame minorities for, and gaslight them about, the structural disadvantages they face. This is not a Government who want to learn lessons from the Windrush scandal; it is a Government who are cynically using culture war tropes that are designed to divide our communities against each other and distract from the real causes of inequality and injustice.

The victims of the Windrush scandal need urgent justice. The compensation scheme must be taken away from the Home Office and rapidly accelerated. Beyond this, the Government must recall the suffering of the Windrush generation and remember that the demonisation of migrants and African, African-Caribbean, Asian and minority ethnic communities has devastating consequences for the lives of British residents. Ultimately, the Government must abandon their divisive agenda and commit to governing in the interests of all our citizens, regardless of the colour of our skin or our country of birth.