Oral Answers to Questions
David Simmonds Excerpts(1 year ago)
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The Minister of State, Foreign, Commonwealth and Development Office (Mr Andrew Mitchell)
We are doing everything we can. The hon. Gentleman will understand that these are complex negotiations, both to get the food and other humanitarian supplies into the region and to deliver them to those who need them. All I can assure him of is that all those negotiations are taking place with vigour and speed.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
James Cleverly
With regard to the proscription of the IRGC, my hon. Friend will have heard the answer that I gave some minutes ago. The work that we are doing, in close co-ordination with the Home Secretary and her team, to ensure that communities here in the UK feel safe and secure remains an absolute priority for us. Limiting, and ideally stopping, the ability of organisations and countries to fund terrorism will remain a priority for us.
Council of Europe
David Simmonds Excerpts(1 year, 4 months ago)
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David Simmonds (Ruislip, Northwood and Pinner) (Con)
I have the privilege of representing the constituency of Ruislip, Northwood and Pinner. Although many of my constituents will share concerns about the small boats, which were referred to briefly by my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart), generations of people from all over the world have found refuge in my constituency. In particular, they include a large population of Jewish people, who came to the United Kingdom before the second world war, as the state terror against them was cranked up by the Nazis in Germany. A significant number came following the partition of India. Those people recognised that Europe in general, and the UK in particular, was a beacon of human rights and the rule of law—a place where their lives, businesses and families would be respected. Although I was not a member of the Parliamentary Assembly of the Council of Europe, that was the reason I took an interest in the Council of Europe during my time in local government, and I served as the Conversative delegation leader at the Congress of Local and Regional Authorities of Europe.
I want to share some reflections on that part of the Council of Europe, which is rarely referred to in this Chamber, except in the particular context of its work carrying out election supervision. It has significant impact on the way we manage migration and asylum. It is visible through my membership and that of other Members of the parliamentary Joint Committee on Human Rights, which looks at the way the legislation we pass in this Chamber interacts with the European convention on human rights, of which we are a member. I will touch on some of the impacts that the different bodies of the Council of Europe have and consider some developments, such as the implications of the Brighton declaration, that show how that convention and the bodies that form part of the Council of Europe continue to be a work in progress, reflecting the changing world we face today.
I have heard in this Chamber, as reflected in much of the academic coverage of the subject, that there is a good deal of debate about the role in its foundation played by Winston Churchill, after whom buildings in Strasbourg and key Council of Europe premises are named. However, there is little doubt reflected back to me by my constituents who came to the UK in those circumstances that its founding politicians saw a desperate need for this body in the reconstruction of Europe after the second world war.
The aim was to ensure that there was a sufficient body of international jurisprudence to restrain potential abuses of state power, such as those that had been seen in a number of its member states in the run-up to the second world war. That would ensure that in the future no nation fell below that minimum standard, through a process where international law could be invoked. That took place against the background of the global work undertaken by the United Nations.
Following its foundation, the Council of Europe has developed a political sense. A number of Members have spoken from the perspective of their experience of the Parliamentary Assembly of the Council of Europe, but in due course the Congress of Local and Regional Authorities of Europe was created and the Council of Ministers was always there as part of the supervisory activity, whereby the Council itself was directly accountable to the Governments of the member states and they had a direct role in supervising decision making.
That has been enormously important, because in many of the debates on, for example, the Illegal Migration Bill and the Nationality and Borders Act 2022, both in this Chamber and in the public discourse, we have heard reference to foreign judges and courts and a lack of accountability. The Council of Europe, almost from its inception, has recognised that politics, not just the rule of law, is important in shaping its work. To this day, it remains extremely accountable to and shaped by the view of parliamentarians and the other active parties from the member states.
The role of the judges was referred to during the course of the debates on the Illegal Migration Bill, but it was not mentioned that those judges are elected by the Parliamentary Assembly. Members of this House choose who the judges are going to be, from a shortlist put forward by the Government of the member state. In fact, there is a much higher degree of accountability around the appointment of judges to the court than there is for judges in our own domestic courts here in the United Kingdom. That political relationship is incredibly important.
Then we have to consider the role of the Congress of Local and Regional Authorities of Europe. The bit that we tend to make reference to, especially when we have debates about emerging situations in countries where there are concerns about whether free and fair elections are taking place, is the role of election monitoring. Our counterparts from local and regional government spend their time checking that those elections are being carried out in a free and fair manner, and also looking at issues such as how positive obligations on public bodies—for example, the duties on local authorities to house people or ensure they have access to education and healthcare—are playing out in practice.
On top of that, we have the Venice Commission, which is the body that looks at setting the international gold standard for the conducts of elections. There was much debate in this Chamber about whether it was appropriate to bring voter ID into the UK system, but it has been recommended by the Venice Commission for some time, as part of the gold standard for ensuring that elections are free and fair. It is standard practice across most member states of the Council of Europe.
I will turn briefly to some of the emerging challenges. A number of Members have made reference to the situation with Russia; I know my hon. Friend the Member for Henley (John Howell) has done sterling work on that. I served on the Congress during a period when Russia was still an active member of the Council of Europe, which was a good explication of some of the challenges the Council faces. At that stage, Russia had already invaded and annexed Crimea, but was not the only member state of the Council of Europe that, arguably, had invaded and occupied territory of another member state. The challenges were very visible—politicians who were there to represent the interests of their people had to set aside some of those immediate direct international challenges.
It is clear that at the Congress, the Parliamentary Assembly and the organisation in its broadest sense, the changing world, for example the digital environment, introduces new challenges to the way in which the rule of law is enforced. It is only through the willingness of the member states that the principles that underpin the Council of Europe can be upheld. A key point for those who have concerns about the UK’s continued membership, is that, as has already been clearly stated, the number of referrals to the Court from the United Kingdom are exceptionally low, and the number of findings against the United Kingdom is lower still. It is also interesting to note that during its period of membership the largest number of representations from any member country came from Russia. It is very clear that the rule of law has some distance to travel in that country.
I commend the work that about which we have heard from a number of colleagues who serve on the Parliamentary Assembly. I also pay tribute to the work of my former colleagues on the Congress, who have done a tremendous amount to shape both the work and the priorities of the Council of Europe, especially it comes to the rights of refugees, both in the United Kingdom and following their transition from wherever they may have originated to a place of safety elsewhere. It is important that those rights are respected but also managed, and that countries such as Greece, Italy and Turkey—which accommodate millions of refugees at a time when we in the United Kingdom are worrying about tens of thousands at the most—are able to share the challenges that that poses for their communities and the implications for their politics, and also to work with us to find a more functional and effective system of managing the way in which people who are in dire need of help move around the world. As issues such as climate change begin to become a larger factor, we have an opportunity to reflect on how those rights will all play out.
I want to express the pride that I think we all feel in the role that the United Kingdom has played in developing this framework, and in its consistent maintenance and enforcement of the standards of respect for human rights, which have done so much to reduce injustice among the member states and in wider Europe over the years since the second world war. I also want to place on record my personal thanks to some of the UK ambassadors and diplomats who I know are extremely active in Strasbourg, meeting regularly and ensuring that issues that politicians debate perhaps once a session are being managed and the process is being smoothed on a daily basis. In particular, like others, I thank my hon. Friend the Member for Henley.
I also thank our counterparts—leaders such as Councillor Kevin Bentley, who leads the local government delegation —whose work behind the scenes, to which we do not often have a chance to pay tribute in the House, addresses our constituents’ need for access to justice when they are abroad. While we in the House can spend a great deal of time arguing about what may in the grand scheme of things be relatively small issues, we have colleagues who are working to ensure that our fellow citizens, in this country and abroad, continue to enjoy their right to life, their right to liberty, their right to a family life, their right to pursue a business, and their right to do all the things that free human beings should be able to do within the context of a legal framework within which it can be ensured that no one infringes those rights unjustly.
Madam Deputy Speaker (Dame Rosie Winterton)
I call the Scottish National party spokesperson.
International Child Abduction
David Simmonds Excerpts(1 year, 7 months ago)
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David Simmonds (Ruislip, Northwood and Pinner) (Con)
I beg to move,
That this House has considered the matter of support for parents affected by international child abduction.
Once again, it is a pleasure to serve under you this afternoon, Mrs Cummins. The subject matter of this afternoon’s debate encompasses some enormously difficult issues for our constituents affected, many of whom are with us today, arising, as it does, from matters of family breakdown and often a history of drawn-out and sometimes painful litigation.
I think I need to be clear that it is not for us, here in Parliament, to rehash the arguments on either side of individual cases, nor to seek to make any kind of judgment about the merits of the family and sometimes criminal proceedings that have played a part in the situation that our constituents now face. Having served as a magistrate myself, I have confidence in the due process of law in all of our courts, and in the soundness of their judgments in respect of my constituent and others. The purpose of the debate is to seek action to bring about the enforcement of the decisions of our courts in international law where due process has been followed but not consistently respected.
This starts as a matter drawn to the attention of the House in the Justice Select Committee’s third special report of Session 2017-19, which covers the legal implications of Brexit for our justice system. The report highlights the risks of not having effective means to put into effect legal judgments where children have been abducted. As ample evidence and research demonstrate, the longer the duration of the abduction, the greater the negative impact on all concerned, so time is clearly of the essence.
I want to place on record my thanks to other Members —some are here to contribute to today’s debate—in particular my right hon. Friend the Member for Witham (Priti Patel), who has similarly affected constituents and who has taken an active interest in the issue and helped me to understand how we might support our constituents more effectively. I appreciate that, due to a prior commitment relating to the Westminster bridge terror attack, she is unable to be here today, but she has made points that I have incorporated into my remarks. I am also grateful to my hon. Friends the Members for Wealden (Ms Ghani) and for Bolsover (Mark Fletcher), and the hon. Members for Hammersmith (Andy Slaughter) and for Putney (Fleur Anderson), who have approached me to express an interest in the matter because they have constituents affected by it.
In respect of the cases that have been brought to the attention of Members by constituents, it is important to state, without going into the detail of any of them, that due process in the UK has resulted in a parent having custody, sole or shared, of their child, and the children have then subsequently been removed without the consent of the parent—in the case of my constituent to Poland. As Members might be aware, one objective of the convention on the civil aspects of international child abduction, which was concluded at The Hague on 25 October 1980 and is known as The Hague convention, is to protect children in international law from the harmful effects of wrongful removal, or retention away from the parent with whom they should live, and to ensure that procedures are in place to ensure their prompt return to the state of their habitual residence. That convention, which entered into force on 1 December 1983, was ratified by all European Union member states.
Article 1(a) sets out
“to secure the prompt return of children wrongfully removed…or retained in any Contracting State”.
Article 2 states:
“Contracting States shall take all appropriate measures”—
appropriate measures is an important phrase—
“to secure within their territories the implementation of the objects of the Convention.”
It goes on:
“For this purpose they shall use the most expeditious procedures available.”
It is important to note that The Hague convention is not the only legal basis that parents of abducted children may use. We hear Brussels II and IIa often mentioned as legal avenues that can be pursued, which are subject to the proceedings having taken place when the UK was an EU member state. Following the same principle as The Hague convention, it is essentially mutual recognition of the orders of each other’s courts being embodied in the treaties that underpinned membership.
Mutual recognition requires each country to respect the integrity of due process in another’s territory. Given the time-critical nature of child abduction cases, the so-called non-appealability, or finality, of such decisions is an important feature. As a matter of course, the UK respects such judgments, as do almost all the countries that are signatories to The Hague convention.
The Justice Committee’s report states that child abduction is among the issues to which the Brussels II provisions apply. It refers to the very complex relationship with The Hague convention, but also sets out that the provisions take precedence in setting out a legal means to bring about a swift resolution of problems when they arise. The report goes on to set out what type of arrangements there might be and what expectations there would be of member states to ensure that those expectations were swiftly met.
Disappointingly, what is very clear is that many Members present have been contacted by their constituents once it is clear that what should be a transparent, straightforward and extremely swift process has not been followed by the authorities in another country—in my constituent’s case, that was Poland—and they are seeking the assistance of the UK Government to enforce the law. This is not a request to go beyond anything that is already enshrined in law; it is simply a matter of enforcing the law that our international agreements recognise.
While there has been considerable ongoing engagement with the Foreign, Commonwealth and Development Office and Ministers, including meetings with, among others, the Minister for Europe, my hon. Friend the Member for Aldershot (Leo Docherty), and the British ambassador to Poland, the response and assistance from the Polish authorities in particular has been very disappointing. That is particularly true at the local level, where the enforcement of court orders by the police and court-appointed curators is critical to ensuring the successful return of children. Unfortunately, the experience of my constituent is not unique. We can see from the number of Members present and those who have expressed an interest that there appears to be a common theme, particularly where the children have been taken to Poland.
On 26 January, the European Commission launched an infringement procedure against Poland by sending a letter of formal notice to it for its failure to fulfil its obligations under the Brussels IIa regulation. That infringement case concerns the non-conformity of Polish law with the Brussels IIa regulation, specifically to the provisions relating to the enforcement of judgments or orders that require the return of abducted children to their country of habitual residence. So, at EU level, the situation has reached a point where the Commission considers there to have been a systematic and persistent failure of the Polish authorities to speedily and effectively enforce the judgments to which they have committed under international law and order the return of abducted children to EU member states. This is not simply a problem affecting our constituents here in the UK; it is a matter of some moment across Europe.
Separately to this case, a matter has been heard in the European Court of Justice, where a Polish court of appeal asked the ECJ whether, in accordance with the Brussels II provisions and The Hague convention, it could provide an additional stage of appeal, which would in effect result in an automatic delaying tactic in Poland. It would mean that the enforcement of a final return order, which under international law should be expedited, would be at best delayed, on a simple request by one of the various authorities lodging such an appeal.
In January, the response of the advocate general of the European Union argued that, by adopting such a provision, the Polish legislature had exceeded the limits of its competence and had rendered the return proceedings ineffective. That is the source of the enormous frustration that so many of us are facing with our constituents. Due process of law in the United Kingdom and other countries has resulted in an outcome—an outcome where we are not required to judge the merits, but where we can have confidence in the due process of law—and yet that outcome is simply not being respected.
Given these cases before the European Union and matters that have been dealt with in the UK, it is perhaps not surprising that constituents are approaching their Members of Parliament. They have little faith that the due process of law will result in the relevant authorities delivering on the required court orders to return their children to the United Kingdom.
As well as the legal issues that I have set out, we need to recognise that the extensive delays and the enormous cost of engaging this process have placed a huge and sometimes nearly intolerable burden on many constituents. International law, and law in general, is there to ensure that justice is done and wrongs are put right. It is very clear to date that we are not seeing these significant wrongs put right.
The question then becomes: what recourse do our constituents have when they face such a situation? The legalities are very clearcut. It is highly likely that a case that was taken to the European Court of Human Rights would result in a finding against the Polish authorities, but that is of no comfort when the situation of the abducted children remains exactly as it was before, and a compensation payment and note of wrongdoing simply do not bring about anything like the resolution required by the affected families.
The proceedings brought by the European Union are likely to take a long time to reach a conclusion, and they will certainly test the limits of what power the European Union has when a member state simply refuses to abide by a treaty that it has freely signed. In the circumstances, we must pay tribute to the determination of all these parents—mums and dads—who are continuing to fight for the return of their children in a truly remarkable way. Yet we simply cannot treat each as an isolated case when there are so many consistent themes emerging.
I will move to my conclusion. While my right hon. Friend the Member for Witham set out to welcome the support that the Government have provided thus far, the fact is that in the case of her constituent, as well as a number of similar cases linked to other Members, the children are still overseas, despite court orders for their return, and there is still much work to be done to reunite them with their families here.
Poland is an old and important ally of the UK. Our friendship dates back many years, and my constituency and local area is home to many of Polish heritage. The nearby Polish war memorial in the Uxbridge and South Ruislip constituency celebrates our shared military endeavours in world war two. We should not face a situation where a trusted and valued ally refuses to reciprocate the respect that we show to the judgment of their courts, as required under international law. My ask of the Minister is this. We need to take seriously the plight of our constituents and their abducted children and, in the spirit of what is and will remain a strong and friendly relationship with an important ally, place the evidence before their Government and seek swift and just compliance, with the decisions arising from the due process of law, as our international legal framework requires.
Several hon. Members rose—
David Simmonds
May I start by sharing an apology and a thank you for the patience shown by the many who have come to listen to today’s debate? We have had to break off a number of times to vote, but it is great that Members have returned to the Chamber and continued to engage fully in proceedings.
I also say thank you to the hon. Member for Hammersmith (Andy Slaughter), my hon. Friend the Member for Bolsover (Mark Fletcher), the hon. Member for Putney (Fleur Anderson), my hon. Friends the Members for Hendon (Dr Offord) and for Woking (Mr Lord), and the hon. Members for Airdrie and Shotts (Ms Qaisar) and for Enfield, Southgate (Bambos Charalambous) for their contributions to the debate. I was heartened to hear from my hon. Friend the Member for Hendon that he had enjoyed some success in supporting constituents with returning abducted children to the UK. Particularly when dealing with such a difficult topic, it is really positive to hear examples of that.
The hon. Member for Enfield, Southgate referred to the challenges for parents where children have been removed to countries that have different laws from those that apply where the parent is habitually resident. In many of those cases, and certainly in my constituent’s case, the country does not have different laws; it is part of an international legal framework, intended to mutually recognise each other’s orders. However, the challenge is that there are examples of countries—some of which are part of that framework, such as Croatia, Austria and Poland, and some of which, such as the Turkish Republic of Northern Cyprus, are not—that are simply not fulfilling their obligations.
Due process is totally clear: a court has found in a particular way, and the challenge now is ensuring that the outcome of that legal process is respected. As the hon. Member for Putney referenced, some countries, such as the UK and Australia, are seen as exemplars for respecting their international obligations and ensuring that children are returned, usually within a six-week period of the order needing to be enforced. In Poland, the rate is around 5%, which demonstrates that there is a significant challenge, which is a consistent theme running through the cases of many in the Public Gallery today.
I will conclude by addressing a point that a number of Members have highlighted: the enormous burden that this situation places on family members. We have heard lots of examples of people, including my constituent, who had to sell their homes to finance the legal battle simply to enforce a legal judgment that should be respected under international law. We have heard examples of the effect of that on people’s health and wellbeing, and on the wider family, grandparents and extended family members.
What is clear is that, while my constituent has my absolute deepest sympathy—as a father of young children, I feel for him—he does not need my sympathy. What he needs is for us to ensure that the political and diplomatic challenge of persuading countries that are our allies to carry out their obligations under international law happens. We must not allow a situation to persist for a moment longer where too many parents, who may be part of shared custody arrangements, have their children unjustly deprived of their loving care.
Question put and agreed to.
Resolved,
That this House has considered the matter of support for parents affected by international child abduction.
Northern Ireland Protocol Bill
David Simmonds ExcerptsMonday 27th June 2022
(2 years, 4 months ago)
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David Simmonds (Ruislip, Northwood and Pinner) (Con)
I was struck by the comments of the hon. Member for Bristol South (Karin Smyth) about how, when we in this place debate issues relating to Ireland, we often do not pay sufficient respect and attention to the complex politics of Northern Ireland. It is good that there has been a thorough airing of different perspectives in the debate; it has certainly illuminated my thinking.
When we consider that Ireland remains the fourth largest destination for UK exports and the 10th largest source of imports into the United Kingdom; and that, for Northern Ireland, 40% of goods exports go to Ireland and 36% of imports come across from Ireland, it is clear that this is an important economic relationship. It is an important relationship in the context of addressing the cost of living and other things that we know are important from debates in the House.
I am persuaded, as my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) outlined, that although we have many concerns about elements of the Bill, it is right to give the Government the benefit of the doubt and to create the space for a negotiation that, as we have heard, is happening in good faith, with a view to seeking an agreement to address these issues, while recognising that, if that goes wrong, we need the ability to protect our position in due course.
Ruislip, Northwood and Pinner is a long way from Northern Ireland, but Northern Ireland is of enormous interest to my constituents, because my constituency has a very large number of small and medium-sized exporters and importers. I have heard from many of those businesses directly, including at constituency surgeries, that the issues that arise in this debate on Northern Ireland, and issues of international trade more generally, are incredibly important to them.
Let me highlight an exciting judgment of the European Court of Justice, C-213/19, in respect of legal action taken against the United Kingdom for long-term, persistent failure to undertake proper border controls while we were a member of the European Union. By “long-term”, I mean that the failure goes back to at least 2005, so Governments of all parties have a degree of responsibility for this matter. Clearly, when we in this House talk about green and red lanes, or any other part of the United Kingdom’s international trading arrangements, it is important that we demonstrate that we have effective customs, and border controls in which people can have confidence. My small and medium-sized importers and exporters do not wish to be undercut by fake imported goods that are brought into the United Kingdom, which was for some time notorious among EU member states for failing to undertake this work properly, as the judgment highlights. We need to take that seriously.
On our attitude to international law, I agree with my hon. Friend the Member for Aberconwy (Robin Millar) that it is not fair to draw a comparison with what is being said about the likes of Vladimir Putin. However, I recently visited the European Court of Justice in Strasbourg, where I heard about those who are charged with enforcing its judgments, many of which are about commercial disputes, property assets, and the ability of families to enforce their right to family life. I certainly heard that when it comes to enforcing judgments in countries where Governments are disinclined to follow the law, there is always a degree of pushback from the diplomats representing those countries, who say, “If a founding father state of the European convention on human rights says that it disagrees with those laws, why should we follow them?” That has an impact on my constituents, and on all our constituents. We need to demonstrate that we remain absolutely committed to upholding the highest standards of the rule of law.
As we debate these issues, it is important to remain focused on the benefits that we expect future arrangements to bring to the people of Northern Ireland, which is part of our United Kingdom. Many Members have referred to the latest release from the Office for National Statistics, which suggests that London, where my constituency is, has had 2.3% GDP growth—a strong rebound from covid. The part of the United Kingdom with the second highest growth was Northern Ireland, with 1.4% GDP growth. It has been helpful to hear from Members on the Opposition Benches about some of the nuances of that—about what it means for services versus goods, and how that affects the communities of Northern Ireland, because we need to get this right.
The complexity of the issue is demonstrated by a point made at the Dispatch Box at the very start of the debate: we must make sure that the benefits of our decisions extend to all parts of the United Kingdom. Let me give the example of the removal of VAT from environmentally friendly green energy products. On 7 December 2021, the Economic and Financial Affairs Council decided to enable the removal of VAT from all those products. About four months later, the same decision, which I very much support, was taken here and presented to this House. The benefit of it has been felt across England, Wales and Scotland, but we are told that it is not possible for Northern Ireland to have that benefit.
When Ministers sum up, I ask them to explain why that is, given that the measure is also allowed under EU rules, and was allowed there before it was introduced here. Why have we not been able to ensure that people in Northern Ireland can benefit from the investment that the measure would prompt? It would ensure that homes and businesses enjoyed the highest standards of environmental friendliness.
I will finish as I started. I will give the Government the benefit of the doubt this evening; as the Bill goes through the House, there will be an opportunity to explore many of the issues that I and others have raised. It is important to demonstrate that we are taking these issues extremely seriously, and demonstrate to our biggest trading partner the European Union and our people in our United Kingdom that we are determined to negotiate in good faith and reach agreement together.
Freedom of Religion or Belief: 40th Anniversary of UN Declaration
David Simmonds Excerpts(2 years, 11 months ago)
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David Simmonds (Ruislip, Northwood and Pinner) (Con)
I add my congratulations to my hon. Friend the Member for Congleton (Fiona Bruce) on securing the debate, which has been characterised by a number of very intelligent and very humanitarian speeches on today’s topic. I was particularly struck by the comments from the hon. Members for Airdrie and Shotts (Ms Qaisar) and for Glasgow North (Patrick Grady), and my hon. Friend the Member for Wycombe (Mr Baker).
The previous subject before the House—the events yesterday in the English channel—is one that all of us with an interest in humanitarian issues around the globe will reflect on. Were we to create a Venn diagram of different types of oppression, we would find a high degree of commonality between those places where there is a lack of freedom of religion and religious expression, and those places where there is a lack of freedom to express political, gender and sexual values in the way that we—in what is for the most part a liberal and western democracy—take for granted. As we consider the work of the United Nations, it is enormously important that in this place we can focus on values that are not just those of the great religions of the world but ones that we tend to hold dear as British values, too, which we hold in common and which we can defend robustly.
I was particularly struck by the comments of the hon. Member for Glasgow North, who is no longer in his place. Glasgow is one of those places that has stepped forward as a city of sanctuary for people seeking asylum in the United Kingdom. It stands out in Scotland for having done that. It is a place that has been known for many years for the compassion it has shown; compassion expressed not just as a sentiment but practically in ensuring that there is housing, education and care available for people going through the asylum process.
When it comes to challenging institutions, it is important to highlight the need for empathy, which the hon. Member for Airdrie and Shotts touched on in her comments. Like my hon. Friend the Member for Wycombe, I represent an extremely diverse constituency where there are people of faith—there are Muslims, Christians and Jews—who adhere to all the great world religions and many of the smaller ones, too. Navigating things like the planning system can seem enormously challenging. If you want to create a new Islamic education centre and a mosque, it can feel like the odds are against you in a way that would not be the case if you wished to open a new church, for example. We in this country need to recognise that, and when we talk about shared British values we need to ensure that we are genuinely inclusive and that everyone in the United Kingdom who adheres to those values, from whatever faith, has equality of access to our system.
Since becoming a parent, I have been struck by the usefulness of the British values programme in our schools in opening that opportunity up to as many people as we can across our constituencies. For my six-year-old son, pursuing British values has meant the opportunity to go to a church to look at the symbolism of Christianity and to talk about what that means. It has meant making Diya lamps for Diwali and having discussions about what that means for people: why the celebration is taking place and what the overcoming of the darkness by light means. It has meant having people coming in from different local religions to talk about the work they have been doing to support members of their community through the covid pandemic and how faith in the religious institution they are a part of has been so important in making a difference to people of all faiths and none in their area. In a constituency where there are more than 100 first languages spoken, that diversity is something that we recognise as an enormous strength. It is a strength that has been proven in the context of the pandemic and it is a strength that we can see developing in our educational institutions for the future.
I will finish with a request for the Minister to consider. This comes back to what we were discussing earlier and is an issue that many have mentioned: those who come to seek asylum in our country. We know that there is a recognised need to establish safe and legal routes for people to disrupt the business model used by people smugglers—those who were clearly and very directly responsible for the deaths of people in the English channel yesterday. We heard in the contributions from my hon. Friend the Member for Congleton and many others, including the hon. Member for Strangford (Jim Shannon), about people across the globe who find themselves in a position of enormous difficulty and sometimes direct peril to life and limb as a result of adhering to a particularly religion. As the cross-Government discussion develops about what those safe and legal routes look like and what they mean to people in Iran, Pakistan, Afghanistan and various countries in Africa, I encourage Ministers to ensure that we always recognise the changing perils that adherence to a particular faith and freedom of religion may bring in those places; and that, in putting together those safe and legal routes for those who will find sanctuary in the UK, we think about how that freedom of religion can be protected and how those we are not able to protect can come to find sanctuary in our country legally.
Afghanistan: FCDO Update
David Simmonds Excerpts(3 years, 1 month ago)
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Dominic Raab
I thank the hon. Gentleman, who I think raises a very real issue. As I have already said to the House, we will make sure that vulnerability based on ethnicity will be considered in the resettlement scheme, and it is crucial—and I refer to the G7 paper the UK has put forward—that one of the things on which we will have to judge the Taliban and one of the early tests will be whether they are serious about being a more inclusive Government, and that will mean human rights obviously in relation to women but also their treatment of ethnic minorities.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
When we designed the Syrian resettlement scheme, the United Nations High Commissioner for Refugees played a crucial role as an independent and neutral party to identify those eligible for resettlement and then make the connections with the authorities of the countries willing to take them in, including the UK. What discussions have taken place between the Government and the UNHCR doing this work, and if it is my right hon. Friend’s view that the UNHCR is not going to be able to undertake that in this different situation, who does he feel is best placed to undertake that key role?
Dominic Raab
My hon. Friend raises a good point. The Prime Minister has spoken to the UN Secretary-General, including on this, and I spoke to Jean Arnault, the special representative on Afghanistan. Without giving all the details, I can say that of course the relationship with the UN will be one of the critical factors we consider in shaping the resettlement scheme.
Oral Answers to Questions
David Simmonds Excerpts(3 years, 8 months ago)
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Dominic Raab
We will of course continue to make sure that we provide vital humanitarian support. I agree with the hon. Lady that the ongoing crisis in Syria is appalling. I think she asked about the Home Office plans for a new global resettlement scheme; that is for the Home Secretary to talk about, but I will—[Interruption.] The hon. Lady is right that it is a diplomatic issue, which is why I fully support it.
David Simmonds (Ruislip, Northwood and Pinner) (Con) [V]
Dominic Raab
My hon. Friend raises an important point. The truth is that I would not be here today if it was not for this country’s proud tradition of offering sanctuary to those fleeing persecution. Since 2015, we have resettled 25,000 refugees, with the support of brilliant charities—I always think of Elmbridge CAN in my constituency, which helps new families to settle in. We remain committed to discharging that historic role. The new global resettlement scheme will be developed and launched by the Home Office in due course.
Oral Answers to Questions
David Simmonds Excerpts(3 years, 11 months ago)
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Dominic Raab
I thank the right hon. Gentleman, who I know always raises this case and these issues very assiduously and conscientiously. Of course, I will make sure that he can have a meeting with the Africa Minister to look at what further we in the FCDO can do.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
Dominic Raab
I thank my hon. Friend, and he is absolutely right. The UK is a founding member of the Global Fund to Fight AIDS, Tuberculosis and Malaria. Malaria deaths have halved since 2002. That is an incredible achievement, and vital to bringing stability and hope to those countries affected.
Refugee Communities: Covid-19
David Simmonds Excerpts(3 years, 11 months ago)
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David Simmonds (Ruislip, Northwood and Pinner) (Con)
I commend my hon. Friend the Member for Devizes (Danny Kruger) for his contribution, which I think reflected a high degree of consensus on many of these issues across the Chamber, and was certainly seeking consensus on those issues where we all very much agree. I would like to spend my time focusing in particular on the impact that covid has had on three groups of vulnerable people for whom we have a particular responsibility. Those are people who have a no recourse to public funds status attached to their presence in the United Kingdom, refugee children and the people who are waiting for the recommencement—or perhaps hoping in the future for the commencement—of the new global resettlement schemes that we know are in progress at the moment.
Starting with those with no recourse to public funds, this has been the subject of a good deal of debate in Westminster recently. While there is a high degree of recognition that the NRPF status is an answer to retaining public confidence that people are not coming to the United Kingdom simply to access benefits and welfare support, in a time when there is a national crisis, as there is at the moment, it presents some particular challenges. When we begin to look beneath the surface of how the policy is operating in practice, we see the suggestion that it may be time for a reconsideration of the way we apply that policy.
We heard from the Minister during a Westminster Hall debate on this topic that, on average, 90% of requests to remove NRPF status are agreed by the Home Office and that they are agreed very quickly—generally, within a period of 28 days. I recognise that the NRPF status is complicated. For example, many people come to the UK on working visas with NRPF as a part of that. People who come as investors can be very wealthy individuals who are unlikely to face destitution, but the fact is that in the event that people face destitution, local authorities have a duty to step in and to provide financial support. Clearly, we are kidding ourselves in this place if we think that NRPF status means that there is no cost to the British taxpayer in providing that support, and we need to consider whether it is in the interests of the welfare of families who may be facing destitution as a result of that status to allow time for a reconsideration in line with what the day-to-day real practice of the Home Office has been in supporting this particular group.
Moving on to the question of refugee children, my hon. Friend the Member for Devizes is absolutely spot-on in identifying that the UK has a very honourable and long-standing record when it comes to supporting refugee children. Since 2015, the numbers coming into the care of local authorities in England has, on average, doubled. There has been a very significant rise. A lot of the political debate has focused on those referred to in the Dubs amendment, but of course the practical experience of local authorities that have been accommodating young people is that that status, clearly defined as it appears to be in the Westminster political debate, is often illusory. Young people are brought to the United Kingdom on the basis that they have a family connection here, but if that individual is not in a position to take parental responsibility under the terms of the Children Act 1989, we are moving that child from the care system of one country into the care system of the United Kingdom, so it is not in practice a process that is largely about family reunion. That is less than one in 10 of the children who are affected.
Hannah Bardell
The point the hon. Gentleman makes about taking children from one care system to another seems slightly inappropriate—more than slightly inappropriate—given that we are talking about countries, by and large, that are war-torn and do not even have the basic structures of health and social care, never mind a childcare system. I think it is important that we focus on the reality of the many families who are displaced and what they are leaving, and the fact that they are not necessarily coming to the UK or other western countries out of choice, but out of desperation.
David Simmonds
The hon. Member makes a very good point about the context of many refugee children who come to the United Kingdom, but of course it is not a point that is relevant in the context of Dubs, which is what I was speaking about. The point of the Dubs amendment is that it committed the Government of the UK to go to other countries in Europe and identify children in those countries who are unaccompanied and bring them into our care. They were already, in the terms of the Dublin agreement, in a country that was defined as safe, whatever the circumstances that may have pertained before they left the country that they had been in before that had led to their becoming a refugee.
I would like, however, to highlight a particular concern. The UK’s response in respect of refugee children, commendably, has been the national transfer scheme. We recognise that, under the Children Act 1989, a child who is unaccompanied in the UK, by operation of law, becomes the responsibility of the local authority where they are. Local authorities such as Kent, my local authority of Hillingdon and Harrow next door have taken in significant numbers of children, and other local authorities around the country have stepped up to say that they would be willing to offer places to support those young people as well.
There has been a good deal of debate about the remarks made by some concerning activist lawyers, but it has been brought to my attention that a number of those young people awaiting transfer to other local authorities that are willing to take them in order to create more capacity for the United Kingdom to support refugee children are being advised—legally speaking this is absolutely correct—that they are within their rights to refuse to move. It would be really helpful if Ministers gave some attention to how we can ensure that the national transfer scheme can do its job effectively.
Additional funding has been provided so that young people can be supported by local authorities that are not the ports of entry, but if young people are being told that they should refuse to co-operate with the process, the system will gum up and we will lose the capacity we have to provide that support. That is a genuine concern. Those lawyers are acting entirely within their rights, but none the less it calls into question our ability to provide the most effective support we can and increase our capacity to take in more refugee children.
On the vulnerable persons relocation scheme and where it goes next as a global relocation scheme, my hon. Friend the Member for Devizes made the robust point that many of us are waiting to hear what the new scheme will look like when it comes into operation. I heard an announcement that we were beginning plans to resume the VPRS—the Syrian resettlement scheme—because there are already a number of families identified for that safe, legal route to come to the United Kingdom who, because of covid, have not been able to make the journey here. I very much welcome the news that we will see those moves resuming. The UNHCR describes that resettlement scheme as the global “gold standard”, and two former Prime Ministers and the current one do deserve credit for maintaining a life-changing route into the United Kingdom that satisfies that standard of being safe and legal.
While the UK remains the biggest donor outside the United States on resettlement and aid efforts, access to that safe and legal route is incredibly important. Therefore, like my hon. Friend, I would welcome hearing from the Minister when we might expect that programme to commence to ensure that we continue our commendable and honourable efforts on refugee resettlement in the global covid crisis.