Nationality and Borders Bill (Thirteenth sitting)

Debate between Craig Whittaker and Robert Goodwill

Tuesday 2nd November 2021 Public Bill Committees

The Lord Commissioner of Her Majesty’s Treasury (Craig Whittaker)

-

It is a pleasure to serve under you, Sir Roger, but not particularly in this role. However, as always, it is a pleasure to be sitting on a Committee that you are chairing.

I thank the hon. Member for Halifax for her valuable contribution on this point. Decision making is of course central to our ability to support possible and confirmed victims of modern slavery. That is why, throughout the Bill, as she will know, we have discussed ways for that to be done as quickly and fairly as possible. It is in that vein that we have sought to clarify the reasonable grounds and conclusive grounds thresholds in primary legislation, to support that effective decision making. It is also why we are committed to reviewing the guidance that under- pins the reasonable grounds test to ensure that it best supports that.

Central to that work is the premise that the reasonable grounds decision should be made quickly. Currently, where possible, that is within five working days of referral to the national referral mechanism. That timeline enables us to quickly identify possible victims and ensure that they receive the appropriate support that they need. All decision makers receive robust training to support that process, and any negative reasonable grounds decisions will be reviewed by a second caseworker or a manager/technical specialist to ensure that all decisions taken are in line with the policy. An individual, or someone acting on their behalf, may also request reconsideration of a negative reasonable grounds decision by the competent authority where there are specific concerns that a decision made is not in line with the policy, or if additional evidence becomes available that would be material to the outcome of a case.

At the conclusive grounds stage, we already have a process whereby negative decisions are considered by those multi-agency assurance panels. That process is set out in the modern slavery statutory guidance for England and Wales, under section 49 of the Modern Slavery Act 2015, and non-statutory guidance for Scotland and Northern Ireland. We believe that that is the right place for the process, enabling us to adapt it in future to changing needs. To put in place the duty for multi-agency assurance panels to review all reasonable and conclusive grounds decisions would cut across that approach. It is not appropriate for that to be set out in primary legislation, as amendment 185 seeks to do, as that would remove the ability to change such a process to appropriate bodies and needs in the future.

Moreover, the amendment would add a new power whereby multi-agency assurance panels can overturn competent authority decisions, rather than the current approach of asking the competent authority to review a decision in specific circumstances. It is right that only designated competent authorities have a decision-making role. The current approach supports a culture of continuous improvement.

As I have set out, we do not believe that primary legislation is needed here. The current multi-agency assurance panels have been subject to an evaluation, and we will consider the conclusions and lessons learned in due course. If in the future we wished to consider multi-agency assurance panels at the reasonable grounds stage, or to change their remit, it would follow that that, too, would be a question for guidance.

Although I presume not intentionally, the amendment would also remove the provision that clarifies that the conclusive grounds threshold test is based on whether, on the balance of probabilities, an individual is a victim of modern slavery. That is the current test that is applied, in line with our obligations under the Council of Europe convention on action against trafficking in human beings.

Mr Robert Goodwill (Scarborough and Whitby) (Con)

- - Excerpts

Does the Minister agree that decision making in such circumstances is made very difficult by the fact that many people who are victims of modern slavery will not declare that because it is part of the deal with the people traffickers, and many people who claim to be victims of modern slavery are not victims but are using it as a way of getting their asylum claim accepted?

Craig Whittaker

-

I thank my right hon. Friend for his intervention. He is right that one of the key points in the process is that decision makers have the ability and the training to know what they are looking for to identify whether people are victims of modern slavery.

Nationality and Borders Bill (Thirteenth sitting)

Debate between Craig Whittaker and Robert Goodwill

Committee stage
Tuesday 2nd November 2021 Public Bill Committees

[The Lord Commissioner of Her Majesty’s Treasury (Craig Whittaker)]

It is a pleasure to serve under you, Sir Roger, but not particularly in this role. However, as always, it is a pleasure to be sitting on a Committee that you are chairing.

I thank the hon. Member for Halifax for her valuable contribution on this point. Decision making is of course central to our ability to support possible and confirmed victims of modern slavery. That is why, throughout the Bill, as she will know, we have discussed ways for that to be done as quickly and fairly as possible. It is in that vein that we have sought to clarify the reasonable grounds and conclusive grounds thresholds in primary legislation, to support that effective decision making. It is also why we are committed to reviewing the guidance that under- pins the reasonable grounds test to ensure that it best supports that.

Central to that work is the premise that the reasonable grounds decision should be made quickly. Currently, where possible, that is within five working days of referral to the national referral mechanism. That timeline enables us to quickly identify possible victims and ensure that they receive the appropriate support that they need. All decision makers receive robust training to support that process, and any negative reasonable grounds decisions will be reviewed by a second caseworker or a manager/technical specialist to ensure that all decisions taken are in line with the policy. An individual, or someone acting on their behalf, may also request reconsideration of a negative reasonable grounds decision by the competent authority where there are specific concerns that a decision made is not in line with the policy, or if additional evidence becomes available that would be material to the outcome of a case.

At the conclusive grounds stage, we already have a process whereby negative decisions are considered by those multi-agency assurance panels. That process is set out in the modern slavery statutory guidance for England and Wales, under section 49 of the Modern Slavery Act 2015, and non-statutory guidance for Scotland and Northern Ireland. We believe that that is the right place for the process, enabling us to adapt it in future to changing needs. To put in place the duty for multi-agency assurance panels to review all reasonable and conclusive grounds decisions would cut across that approach. It is not appropriate for that to be set out in primary legislation, as amendment 185 seeks to do, as that would remove the ability to change such a process to appropriate bodies and needs in the future.

Moreover, the amendment would add a new power whereby multi-agency assurance panels can overturn competent authority decisions, rather than the current approach of asking the competent authority to review a decision in specific circumstances. It is right that only designated competent authorities have a decision-making role. The current approach supports a culture of continuous improvement.

As I have set out, we do not believe that primary legislation is needed here. The current multi-agency assurance panels have been subject to an evaluation, and we will consider the conclusions and lessons learned in due course. If in the future we wished to consider multi-agency assurance panels at the reasonable grounds stage, or to change their remit, it would follow that that, too, would be a question for guidance.

Although I presume not intentionally, the amendment would also remove the provision that clarifies that the conclusive grounds threshold test is based on whether, on the balance of probabilities, an individual is a victim of modern slavery. That is the current test that is applied, in line with our obligations under the Council of Europe convention on action against trafficking in human beings.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Does the Minister agree that decision making in such circumstances is made very difficult by the fact that many people who are victims of modern slavery will not declare that because it is part of the deal with the people traffickers, and many people who claim to be victims of modern slavery are not victims but are using it as a way of getting their asylum claim accepted?

[Craig Whittaker]

I thank my right hon. Friend for his intervention. He is right that one of the key points in the process is that decision makers have the ability and the training to know what they are looking for to identify whether people are victims of modern slavery.

Oral Answers to Questions

Debate between Craig Whittaker and Robert Goodwill

Monday 23rd January 2017 Commons Chamber

[Mr Goodwill]

It is certainly very important for family reunification, particularly for spouses, that rules are in place to ensure that these people are not a burden on the taxpayer. Indeed, the levels set are such that if there were a separate figure for Scotland, it would be higher, given that average incomes in Scotland are higher than those in the UK overall.

[Craig Whittaker (Calder Valley) (Con)]

T1. If she will make a statement on her departmental responsibilities.

Calais Children and Immigration Act

Debate between Craig Whittaker and Robert Goodwill

Wednesday 16th November 2016 Commons Chamber

[Craig Whittaker (Calder Valley) (Con)]

Contrary to the bluster from the Opposition Front Bench, my hon. Friend the Minister is working tirelessly on this issue, as indeed did his predecessor. Knowing that we have a severe lack of carers, and particularly foster carers, in our area of Yorkshire, will my hon. Friend explain what the Government are doing to ensure that there is a fair distribution of caring responsibilities for unaccompanied children right across the UK?

[Mr Goodwill]

Some of the bluster we have heard from the Opposition Front Bench is not reflected in the very practical and constructive way that Labour local authorities have been working up and down the country. One aspect of the safeguarding strategy we launched on 1 November was, indeed, looking at the demand for foster care and its availability. Many local authorities have raised concerns that they do not have sufficient capacity for fostering, and they have had to place children out of area, which has incurred additional costs, particularly if agencies are being used. We do need to improve the capacity for fostering, and I would say to anybody out in the country who fancies a career in fostering that it is a very rewarding career and one we would be very pleased to see more people stepping forward to take up.

Child Refugees: Age Checks

Debate between Craig Whittaker and Robert Goodwill

Friday 21st October 2016 Commons Chamber

[Mr Goodwill]

Absolutely. Home Office officials, working with local government social services officials, will be making sure that we discharge all our responsibilities to protect the children.

[Craig Whittaker (Calder Valley) (Con)]

Many constituents in the Calder Valley have contacted me wanting to know why, given that we have said that we are going to take children from the jungle in Calais, we are actually taking young men and not young girls. Can the Minister confirm that the only unaccompanied children—that is, those under 18—in the Calais jungle are in fact young men?

[Mr Goodwill]

Some 90% of those in the camps who are children are young men. It is important that, as we move to the next phase, we target the most vulnerable—the younger children and those at most risk.

Oral Answers to Questions

Debate between Craig Whittaker and Robert Goodwill

Thursday 6th February 2014 Commons Chamber

[Mr Goodwill]

I can certainly give him that assurance. The Pytchley Road bridge is part of the electrification that we are carrying out on the railways. We have already announced 800 miles of electrification, compared with 9 miles under the previous Government. The decision was taken to do the two works simultaneously, and we are using the same traffic management company to try to ensure that we co-ordinate the disruption that sadly always happens when that type of work is done.

[Craig Whittaker (Calder Valley) (Con)]

9. What plans he has to introduce new rolling stock on the railways.

--- Later in debate ---

[Craig Whittaker (Calder Valley) (Con)]

T6. The future of electrification in the north will be looked at by a joint committee of experts to recommend future routes for electrification in the north of England. Will the Secretary of State advise us when that joint committee will be set up so that those of us who are rooting for the Caldervale line to be electrified can participate?

[Mr Goodwill]

The Government are transforming rail travel for passengers across the north and are investing heavily in the electrification of the network and in the £500 million northern hub capacity scheme. In parallel with that new commitment, we announced the establishment of a joint taskforce to explore where to go next with electrification in the north. The taskforce has been asked to ensure that eight named routes are considered, but it is free to consider the case for any route in the north, including the Caldervale line.