Illegal Migration Bill

Dan Jarvis Excerpts

Tuesday 7th March 2023 Commons Chamber

[Suella Braverman]

The Rwanda partnership has been tested rigorously in the High Court, which is why I welcome the judgment of senior judges, who upheld the partnership as being lawful and compliant with human rights laws and the refugee convention. It is a big step forward in vindicating the decision on the partnership that we struck with our friends in Rwanda, and we will wait for the outcome of further litigation.

[Dan Jarvis (Barnsley Central) (Lab)]

Between October and December last year, one in three people making the journey came from Afghanistan. The Government say that Afghans should use safe and legal routes to get here, but by their own figures only one Afghan was relocated in the month of December through the Afghan relocations and assistance policy scheme. Those left behind include people who sacrificed everything in support of the UK’s mission in Afghanistan. Many of them have been brutally murdered by the Taliban and many more will undoubtedly be killed. Can the Home Secretary say that she will honour the commitments made to those who served alongside us in Afghanistan and, if she will honour those commitments, how will she ensure that they receive safe passage?

[Suella Braverman]

As I have mentioned quite a few times, but it bears repetition, we have been proud to welcome 20,000 people from Afghanistan who have fled the troubles and the Taliban. We have a family reunification scheme to enable family members to join their family here. That is a record of which we should be proud and I encourage the hon. Gentleman to support it.

Security Threat to UK-Based Journalists

Dan Jarvis Excerpts

Monday 20th February 2023 Commons Chamber

[Tom Tugendhat]

My right hon. Friend will understand that I would rather answer that question before the Committee on which he sits than comment on the Floor of the House, but he will be aware that there are, very sadly, many different connections between criminal enterprises and terrorist groups and indeed hostile states. That is why countering state threats is about not just defending ourselves against hostile adversaries but ensuring that we are free from fraud and the abuse of crime in our communities.

[Dan Jarvis (Barnsley Central) (Lab)]

I thank the Minister for his statement and completely agree with the sentiments expressed by him and the shadow Minister with regard to the violation of our sovereignty: these are very serious matters indeed. I want to ask about a slightly wider but connected point: I understand that he will be limited in what he can say, but may I seek his assurance that his Department remains hypervigilant with respect to the activities of other states who may also seek to conduct operations against UK-based personnel?

[Tom Tugendhat]

Yes, is the answer. The reality is that state-based threats have increased in the last few years, and we know the obvious sources of such aggression—sadly, they have been written all too large on the global map. However, other states that are not so well-advertised have also been exploiting our freedoms and liberties to further their ends, and we will stop them.

National Security Bill

Dan Jarvis Excerpts

Report stage
Wednesday 16th November 2022 Commons Chamber

[Dan Jarvis (Barnsley Central) (Lab)]

It is a pleasure to follow the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and everyone else who has spoken, and a particular pleasure to follow the right hon. Member for Haltemprice and Howden (Mr Davis). I agreed with all the points that he made. He has done the House a great service in explaining the context of the amendment that we tabled, and I am very grateful for it.

I say that mindful of the fact that we live in a world that continues to create new threats to our safety and way of life from a wide range of hostile states and actors. While their methods and origins vary, their intent is clear: to undermine our national security. Like others—like everyone who is in the Chamber at the moment, I am sure—I personally take these issues very seriously, and I also appreciate the complexities of the issues that we are debating today. None of this is easy, and I know very well the challenges that our security and intelligence services face every single day. I also know very well that our response to terrorism must always be unequivocal, but must always be legal.

I do not doubt the intentions that underpin the Bill. I have known the Minister for a long time, and I absolutely believe that he wants to do the right thing. This is the prism through which I view the Bill: I view it as someone who cares deeply for our country and wants to scrutinise the Bill in order to make it better, and to make our country both stronger and safer. It was in precisely that spirit that I tabled amendment 14, along with the right hon. Member for Haltemprice and Howden, with whom I have worked for some time on these issues.

I acknowledge that the Government’s intent in tabling clause 27—as I understand it—is to protect UK personnel in the intelligence services and the armed forces if they are found, in the course of their duties, to have committed a crime. However, I consider that the scope of the clause is too wide, and I fear that it would instead end up protecting Ministers and senior officials. As we heard earlier from the right hon. Member for Haltemprice and Howden, section 7 of the Intelligence Services Act already allows Ministers and senior officials to authorise some potentially unlawful activities, carried out by UK personnel overseas in the course of their duties. Clause 27, however, would provide protection for Ministers and senior officials who “encourage or assist crimes overseas”, such as giving a tip-off that leads to someone’s torture, as opposed to the direct commission of the crime itself. In that sense, it is, as drafted, unlikely to help UK personnel overseas who receive separate legal protections under the Intelligence Services Act. To that end, it is only right for the decision to prosecute, or not, to rest with the Director of Public Prosecutions, and not to be legislated away.

If clause 27 remains in the Bill, it will mean there is little chance of seeking justice in a criminal court for any crimes and human rights abuses abroad that have been enabled by UK Ministers and senior officials. The reality is that this will send a message that the UK Government are above the law, with near-guaranteed immunity for human rights abuses overseas. Clause 27 will undermine the UK’s position as a leader in promoting human rights, and prevent criminal sanctions against those who have enabled torture.

When providing evidence to the Intelligence and Security Committee in 2018, a senior security services official apparently described existing protections as “belt and braces”. Clause 27 would add a suit of armour, shielding the Government further from what I consider to be entirely legitimate scrutiny and accountability. It is using a sledgehammer to crack a nut, and that is not how we should be doing things. Stronger national security should not mean weaker human rights.

I oppose clause 27 because I believe that the Government’s intentions do not align with its consequences. I ask the Minister to listen carefully—as I am sure he will—to the concerns that are being raised this afternoon and have been raised with him previously, and to work with us to ensure that the Bill is improved and our country is kept safe, while also ensuring that human rights are protected. That is all I ask.

[Several hon. Members rose—]

National Security

Dan Jarvis Excerpts

Tuesday 1st November 2022 Commons Chamber

[Tom Tugendhat]

I pay enormous tribute to my right hon. Friend, whose work in the Foreign, Commonwealth and Development Office was incredibly important in championing democracy and freedom around the world. Indeed, some of her work that was not always celebrated was in championing journalism. One thing we should recognise fully is that democracy does not work without a free press: I know that I am going to regret these words, but what they write and how they write it are as much a part of our democratic institutions as the words that we use in this Chamber. Making sure that our press is free and without influence is as important to democracy as making sure that we are, too.

[Dan Jarvis (Barnsley Central) (Lab)]

I warmly welcome the Minister to his important new role. He and I have spent many years safeguarding the security of information; these are matters that I know he takes very seriously, and I wish him well in the role.

Because I know the Minister takes these matters so seriously, I want to return briefly to the shadow Home Secretary’s point about the importance of doing the right thing and the importance of personal conduct. In addition to the measures that the Minister has outlined to the House today, there is an absolute requirement for a vigilant mindset among all Members of this House, but most critically among Ministers, who need to show leadership in the area. Does he agree that when it comes to matters of national security, everyone—everyone—must adhere to the protective regime or be deprived of access and removed from their position if necessary? Those are the rules, and everyone should follow them at all times.

[Tom Tugendhat]

May I take a moment to pay enormous tribute to my friend? We met in Helmand about 16 years ago, when he was commanding a unit that I was sent to check up on. Well, he is checking up on me now—and he is quite right to hold me to account for my words, as I was sent to hold him to account for his actions back then. He is absolutely right. I know that his bedtime reading is the US army field manual: the first words are “Every day, do one thing to improve your defensive position.”

Oral Answers to Questions

Dan Jarvis Excerpts

Monday 20th June 2022 Commons Chamber

[Kevin Foster]

A lot of work is being done to catch up on passports. I think it is safe to say that to go back to a system that was fundamentally paper-based would bring quite a range of security issues, not least at the border—that is why it was discontinued. I assure my hon. Friend that a wide range of work is being done and, as I have said, we are still doing roughly 98.5% of passports within the advertised 10-week service time.

[Dan Jarvis (Barnsley Central) (Lab)]

I was pleased to see that the Home Office finally published details of the remaining pathways for the Afghan citizens resettlement scheme, but just hours later the Ministry of Defence revealed that around 10,000 people—many of whom are at risk because they stepped forward to serve when we asked them to do so—were still left behind but eligible for the Afghan relocations and assistance policy scheme. What additional capacity is going to be put into the Department, both to clear the backlog of outstanding applications and to process thousands of new ones?

[Kevin Foster]

I understand the hon. Gentleman’s concerns. To be clear, the MOD processes ARAP applications and deals with eligibility. Given our expertise in that area, we are certainly happy to offer what support and assistance we can from UK Visas and Immigration to help to get applications through, because like the hon. Gentleman we do not want to see stuck in Afghanistan people who bravely stood alongside our forces.

Nationality and Borders Bill

Dan Jarvis Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Tom Pursglove]

As I say, Ministers will come to the House with further details in due course.

Work is under way in relation to resolving the question of retained EU law, led by Lord Frost, with input from the Attorney General and the Ministry of Justice. For these reasons, I ask my right hon. and hon. Friends to withdraw their amendment 150.

I turn to new clauses 18 and 19 on illegal immigration offences, tabled by my hon. Friends the Members for Christchurch (Sir Christopher Chope) and for Kettering (Mr Hollobone). I hope that they and other hon. Friends supporting the new clauses will recognise that, as part of our groundbreaking new plan for immigration, the Government have sought robust changes to the law around illegal entry and similar offences through the very Bill we are discussing today. The Bill, which my hon. Friends seek to amend, already addresses and indeed exceeds the changes proposed in new clause 18.

Let me turn now to new clauses 24 and 52, tabled by the hon. Members for Enfield, Southgate (Bambos Charalambous) and for Halifax (Holly Lynch), my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer), my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), my right hon. Friend the Member for Bournemouth East (Mr Ellwood) and the hon. Member for Barnsley Central (Dan Jarvis). As both new clauses regard settlement fees for non-UK members of our armed forces, I would like to debate them together. It is a fact that our Government and our nation highly value the service of all members of the armed forces, including Commonwealth nationals and Gurkhas from Nepal.

[Dan Jarvis (Barnsley Central) (Lab)]

I am pleased to hear how valued members of our service community are. This is a good opportunity for the Government to give way on new clause 52, tabled by myself and the hon. Member for Plymouth, Moor View (Johnny Mercer). Can the Minister give an assurance that the Government will support it?

[Tom Pursglove]

I thank the hon. Gentleman for making his case in the eloquent way the House is so used to. Members will be aware of the measures that the Home Secretary and the Defence Secretary announced in the summer for Gurkhas from Nepal, who have a long and distinguished history of service to the UK, both here and overseas. We also remain extremely grateful for the contribution made by former British Hong Kong service personnel. That is why the Ministry of Defence, together with the Home Office, ran a public consultation between 26 May and 7 July 2021 regarding a policy proposal to waive settlement fees for non-UK service personnel in Her Majesty’s armed forces. A response to that consultation is coming out shortly, but I recognise the strength of the hon. Gentleman’s feelings and those of the Royal British Legion on this issue. To that end, I thank him and other colleagues for raising these matters, and I invite him and the hon. Member for Plymouth, Moor View to meet Ministers and the legion next week to make sure that the concerns and realities of non-UK service personnel dealing with the immigration system are fully understood. I am under no illusions about how strongly my hon. Friend the Member for Plymouth, Moor View, in particular, feels about this issue, along with colleagues on both sides of the House.

Oral Answers to Questions

Dan Jarvis Excerpts

Monday 14th December 2020 Commons Chamber

[Priti Patel]

My hon. Friend is absolutely right—this programme is incredible late on delivery and well over budget. In fact, this House has given this programme a great deal of scrutiny, and rightly so. There is no apology for that; the failings are on the record. We are now working at pace, clearly, to deliver on this. It is a really important programme. The Policing Minister and others are working with police forces now to get this plan implemented. We want this to work, and, as my hon. Friend has highlighted, I am afraid that too much time has passed and too much money has been lost and wasted. This is a classic example of procurement and big projects not working. We have got to fix this and sort this out.

[Dan Jarvis (Barnsley Central) (Lab) [V]]

Earlier this month, eight Commonwealth-born British Army veterans lost their legal battle to remain in the UK, leaving the men in fear of destitution and deportation. The Home Secretary has the power to end their ordeal, so will she now commit to granting the veterans the right to stay in the country they so bravely fought for?

[Priti Patel]

The hon. Gentleman is absolutely right, and I pay tribute to those individuals who have served our country. I think it is important that the hon. Gentleman knows and the House is aware of the fact that I am currently working with the Secretary of State for Defence on these very cases; we are both looking at this. There will be future announcements coming forward. However, I am well aware of these individual cases—how these individuals have been treated, and the cases and the representations they are making right now—and, quite frankly, we want to correct this.

Intelligence and Security Committee: Russia Report

Dan Jarvis Excerpts

Wednesday 22nd July 2020 Commons Chamber

[James Brokenshire]

I can tell my hon. Friend of the support and resourcing that is given to our intelligence and security agencies and how we have such world-leading capabilities. We can be proud of the work they do for us—and therefore for his constituents in Wolverhampton, and indeed for constituents across the country—as we give them that support in defending our security.

[Dan Jarvis (Barnsley Central) (Lab) [V]]

The ISC stressed the need to ensure that our response to the threat from Russia is not solely focused on national events and organisations. So what does the Minister intend to do to protect our public sector—our NHS and local government services, which he knows all about—from malicious Russian cyber-intrusion once funding for the national cyber-security programme comes to an end in March next year?

[James Brokenshire]

I am grateful to the hon. Gentleman for his point, because our cyber-defences are something in which this Government have very clearly invested. He highlights the National Cyber Security Centre, and I know the work that it does with local government and the devolved Administrations in ensuring that they are vigilant against the threats. Indeed, only last week, it called out Russian activity against pharmaceutical companies and others to ensure that our knowledge remains here and that we guard it against attack.