Immigration Bill

David Lammy Excerpts

Tuesday 22nd October 2013 Commons Chamber

[Keith Vaz]

It worries me if that is happening; it is certainly not the best way to enforce immigration policy. The best way is to go through the proper process of making an application. If the result is negative, the person should leave the country. I have just had figures from Capita and the Home Office for the number of people who have left the country as a result of the £2.8 million contract that the Home Office gave Capita—although I cannot understand why it was not possible for Home Office officials to write the letters and send the e-mails instead of giving the job to a private company. According to those figures, 20,000 cases have been closed as a result of Capita’s activities.

I will come to my second bit of praise for the Home Secretary at the end of my speech, but I first wish to highlight a couple of issues that cause me concern. The first is the issue of landlords checking people’s passports, which will cause huge problems. The shadow Home Secretary said that people might have to look at 400 different European identity cards and documents. I am concerned that ordinary landlords who are not trained in immigration policy will simply not know the difference between leave to remain, indefinite leave and other Home Office statuses placed on non-British passports. Most landlords, when they grant tenancies, already ask for copies of people’s passports. The risk is that the only people who will be able to get accommodation are those with British passports. That means that a lot of people with a perfect right to remain here will not be able to get accommodation because landlords are too scared or do not understand the law.

I recently visited Calais to look at the border and I asked our excellent border officials how they were able to test whether certain passports and documents were forgeries. They brought out this very big, expensive machine. It was about 10 years old and not the most sophisticated piece of equipment, but they told me, “We use this to find out whether a document is a forgery.” We cannot expect landlords to have such machines—they would not be able to afford them—but if we do not train them or have regular inspections, which we could not afford, it is difficult to know how the provisions will work in practice. In theory, it is a brilliant idea, but it is totally unworkable in practice.

[Mr David Lammy (Tottenham) (Lab)]

Does my right hon. Friend know that up to 40% of the British population do not have a passport and do not travel abroad? Many of those people are poor, and they will not be able to get housing because landlords will not take the risk.

[Keith Vaz]

I did not know that and I thank my right hon. Friend for that information, which suggests an even greater problem with what the Government propose. Those Members who are lucky enough to serve on the Bill Committee—not me, I should inform the Whips—will need to look at this issue very carefully.

My second concern is the removal of rights of appeal. This is a crazy idea. The one way in which people can be sure of whether they can stay in the country or have to leave is the appeals process, whereby someone with the authority of a judge looks at the case. There is nothing wrong with the appeals process. I know that the Minister for Immigration recently said that immigration lawyers get too much money and that one of the purposes of the Bill is to cut their income. I declare an interest, as my wife is an immigration lawyer, although she does no legal aid work. If the decision making is right in the beginning, cases would not have to go to appeal.

The Minister for Immigration is prepared to listen to points made by Members of Parliament. Whenever we have put points to him, he has listened carefully, and I think that he should listen seriously to the idea of creating a hub in London. He has talked about the need for administrative reviews. The problem with those reviews is that unqualified people have to look at legal issues. I am not sure whether the same immigration officials who said no at the first stage are the right people to say no at the second stage, but that is what happens with the entry clearance operation. If someone is knocked back on a visa, but has a right of appeal, they go to the same post and talk to the senior immigration officer who has to make the decision. It would be a much better idea—and I am sorry that the Labour Government did not do it—to create a hub in the UK for cases that have been knocked back. People could go to a senior official at the hub and put arguments for people to come into the UK.

--- Later in debate ---

[Mr David Lammy (Tottenham) (Lab)]

I am very grateful to make a contribution to this debate and of course my remarks are informed by the experience of being the son of immigrants; my father arrived in this country in the 1950s, but is no longer alive. The remarkable greatness of Britain that allows me to be here representing my seat in a sense conveys the importance of the debate; it is what is great about this country. In discussing immigration, migration and, indeed, emigration, we balance and underline that greatness, which gives us the diversity that we all cherish.

I am also informed by two particular experiences over the past few years. One was an experience that many hon. Members will share, particularly those representing so called “safe seats” or those who have ministerial office in government. During general elections, we end up out of our constituencies, travelling around the country, holding balloons in shopping centres and persuading people to vote for our parties. I found myself in North West Leicestershire with our candidate Ross, campaigning in Coalville. We were greeted—well, not greeted; many people tried to avoid us—and I got stuck in a conversation with a young man called Scott. He supported Leicester City; I support Spurs. We had a long conversation about this and then I plucked up the courage, not to ask him to marry me, but to ask him who he was going to vote for. At that point, I was set back because he told me he was going to vote for the British National party. I said, “What do you mean? Why are you going to vote for the BNP?” He described himself as a brickie, and he told me that eastern Europeans—“the Poles”, as he called them—had come to that part of the country and undercut his wages. He said they were preventing him from being employed. He pointed to his four-year-old son and said, “I’ve got to feed this boy. That’s why I’m voting for the BNP.” That is a difficult argument to counter, just as it was for my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), who so badly fumbled it at the last general election, and for all hon. Members across the House.

Another factor was the riots. People talk about them starting in Tottenham, but they spread to very different areas. I have strong memories of members of the English Defence League on the streets of Enfield Town, just two miles away, chanting “England, England, England” and handing out leaflets saying that we had to do something about the African gangs. That is the context of this debate, and these subjects have to be handled very sensitively indeed.

Why was that young man in Coalville, Scott, so concerned about immigration? His wages were being undercut and he often could not get a job. Was it not the job of the Government properly to enforce the minimum wage? Was it not the job of the Government to be tough on unscrupulous employers? In London at the moment, we have a crisis involving school places, and people are voicing their concerns about the situation. Surely it should have been the job of successive Governments to deal with that. People complain about housing and about the benefits bill, but successive Governments have failed to build sufficient housing in this country. There is concern out there, but that concern should fall right back on us here. Successive Governments have failed to deal with the issues that stoke those concerns.

Before I came to this place, I had the privilege of taking a law degree at the School of Oriental and African Studies in London, and I then made it to Harvard law school. I learned a lot about our constitution and about the constitution that was forged in the United States of America. In both those places, it is important to remember that the foundation of our democracy was the Magna Carta; I am not quoting this for the sake of it. It states:

“No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled. Nor will we proceed with force against him except by the lawful judgment of his equals or by the law of the land.”

Why then, in 2013, are we returning to the subject of appeals and denying civilised human beings the right of appeal? Why do we tell people that it is okay for them to go back to Afghanistan? Why, after the debate we had on Syria, are we telling people that it is okay for them to go back and launch their appeals from there? Why, given the debates that we have on international development, do we expect people to go back to the Democratic Republic of the Congo and launch their appeals from there? Just a few months ago, we were having a debate in this place on the residence test and the changes to judicial review. Those changes will mean that far fewer people will be able to exercise their rights.

The sense that we are choking our democracy is coming from a number of different directions; it is not exclusive to this debate. It places a stain on all that we have achieved in this place, and all that we expect our young people to understand about our democracy, if we are not honest about why our services are feeling the pressure. Our Prime Minister says that he wants to see an end to the something-for-nothing culture, but if we are not honest about what fosters that, we give the wrong impression.

Let me go back to the period when my father arrived in this country, the 1950s. It was a period of austerity, with the country just coming out of rationing, a period in which we celebrated the coronation of our current Queen and a period of crisis, the Suez crisis, but it was also a period during which it was typical and usual to have on landlords’ doors in this country, “No Irish, no blacks, no dogs.” We forget that at our peril. That is why I will absolutely not vote for a Bill that encourages landlords to go down that road again and that does not have the necessary understanding, restrictions and knowledge of our history. Believe me, anyone in this House who knows anything about the Irish community will know that “No Irish need apply” has been a consistent phrase in our country’s history, and we are now going back to a place where we hand our landlords the power to make such decisions without the necessary experience to determine the validity of a stamp in a passport.

[Mel Stride (Central Devon) (Con)]

rose—

[Mr Lammy]

I will not give way.

Many people in this country from poor and working-class backgrounds do not have a passport. They have not applied for one. They do not go off to France or southern Italy on holiday every summer, or save up to go to India or the Caribbean. They are lucky if they get to Skegness at best. They have no passport and now they will be forced to buy one because landlords cannot always determine where somebody is from and will want to be sure. Those people without passports will be passed over and others will get preferential treatment.

My father would be rolling in his grave and I can tell Members who would be smiling: Peter Rachman, that famous landlord in Notting Hill who caused so much damage to so many people. It is an absolute shame that we are going down this road.

Despite all the Government’s discussions of the importance of our global economy, anyone who believed in the importance of trade and our export market would do nothing to damage the higher education sector, which brings in £14 billion from the students who come to this country. Every vice-chancellor would say that this Government have got things wrong in their treatment of students and higher education, just as 82% of landlords are asking, “Please do not give us this power. We do not want the power, we are not policemen and we do not want to do this. The Government should do this.” What is the Government’s record? What about the UKBA? How effective is it as an agency? How does it stack up on the list of effectiveness? It is one of the most appalling agencies we have ever seen in this country and that is why the Government have had to tinker with it, change it, get rid of it and take it back into the Home Office.

Why, when 70,000 appeals are being made, 50% of which succeed, would the Government deny people the right to appeal? It is because of the race to the bottom, because of the UK Independence party and because we have failed to have the honest discussion with the British public about what we have failed to invest in. Yes, the last election was marked by this issue, but in 2005 I had to canvass across the country while looking at the posters with that scribbled writing, “It’s okay to talk about immigration—it’s not racism.” I remember those Conservative party posters. We will have that debate again and I hope that the British people will recognise the nastiness at the core of the discussion. In the end, we do down our country when we walk down that road.