Nationality and Borders Bill

David Simmonds Excerpts

Report stage
Tuesday 7th December 2021 Commons Chamber

[Bambos Charalambous]

This Bill is a sham. It does nothing to create safe routes for resettlement, nothing to garner international support for breaking people-smuggling gangs, and nothing to support victims of modern-day slavery. Instead, the Nationality and Borders Bill creates unworkable policies, lets down victims who have been trafficked, and breaks our international obligations. The Bill is a smoke-and-mirrors trick, designed to deflect attention from the Government’s failings and incompetence in the area of asylum and refugee protection.

It is shameful that since the abandonment of the Dubs amendment, the UK has turned its back on unaccompanied child refugees and young people in need of protection. Young people are having to turn to people-smuggling gangs. We need to make sure that the model is broken. People have died during dangerous crossings, and it is important that we tackle the criminal people-smuggling gangs. To do that, we need international co-operation and greater security, and that is why Labour Members have tabled new clause 50, which would make advertising people-smuggling routes via social media an offence. If the Government are serious about tackling the gangs, we cannot see why they would have any problem supporting the new clause.

Smugglers and trafficking gangs are putting people’s lives at risk, and they use social media to promote, encourage, advertise and organise these dangerous crossings. Too often, when the National Crime Agency asks Facebook, TikTok and others to take down dangerous material, they refuse. We have to strike at the heart of this illegal and dangerous operation. That is why we propose a new, additional criminal offence; it would not replace existing offences. The new offence would make it clear beyond doubt that such material is illegal and dangerous, that we will prosecute those responsible for it, and that we expect social media companies to take it down.

It is well known that people-smugglers promote dangerous routes on social media platforms including Facebook and TikTok. They often promise easy journeys at an extremely high cost. Those who are interested may be told to send private direct messages to the smugglers, because they know that private conversations are encrypted and much more difficult for police and intelligence agencies to access. If the Government are serious about tackling the criminal gangs profiting from people’s desperation, they must take urgent action to tackle the problem online. At the moment, they talk tough, but the policing and intelligence response is failing to keep up. The Government should back Labour’s new clause 50 today. Those seeking to profit online from people’s desperation must be made to feel the full force of the law.

As everyone in the Chamber knows, the Dubs amendment was passed in May 2016 by David Cameron’s Government in the wake of an increase in refugees arriving from Europe. It required Ministers to relocate and support asylum-seeking children from the continent. It was initially envisaged that the Dubs scheme would offer settlement to 3,000 children, but the number of places was capped at 480. In May 2020, it emerged that the smaller quota had been filled, and the scheme was abandoned. Ever since, Members from across the political spectrum have warned that this bad decision would force hundreds of vulnerable children to turn to people-smuggling gangs for assistance in travelling to Britain, placing them at greater risk of trafficking.

The Government’s inaction has been deeply depressing. Ministers have shown a callous disregard for the plight of children. When debating these issues, Ministers have made the shameful claim that so-called pull factors for refugees are a reason not to help unaccompanied children to safety.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

Does the hon. Member recognise that since 2015, the number of unaccompanied children arriving in the UK and going into the care of local authorities has doubled from an average annual run-rate of just over to 2,000 to significantly over 4,000, and that the Syrian resettlement scheme included an element of specifically identifying vulnerable children and bringing them to the UK as a place of safety? Does he therefore accept that it is simply not true that the Government have turned their back on refugee children?

[Bambos Charalambous]

At the moment, there are no safe routes for children to come to the UK. That is why there has been an increase in crossings and more unaccompanied children crossing.

--- Later in debate ---

[David Simmonds]

The UK has a long-standing reputation as a beacon of human rights, but we in the House must recognise that we have enormous discretion under international law, and indeed under domestic law, regarding how we exercise our responsibilities. Many of the controversies around the Bill are about the operations, rather than the legislation itself. Having sat on the Joint Committee on Human Rights as we took evidence on a number of these issues, it is clear that there are matters of opinion about whether pushbacks, for example, which are freely used by Frontex, the European Union border agency in the Mediterranean, are for or against and within international law.

I share the concerns expressed about the methods currently available to science, and I agree we would not wish to see those used at present. I agree, however, that it should be open to the Home Office, should effective scientific methods be developed, to use such methods for the purposes of age assessments. I welcome the engagement of the Minister, and other Ministers, on those issues.

I will conclude with two points. First, I agree strongly with my hon. Friend the Member for Dover (Mrs Elphicke) on the point about needing a new COP26 on the issue of global migration. The world is changing, and the challenges faced by asylum seekers and the numbers on the move mean we must update the way we respond, in partnership with our allies. Finally, I will comment on some of those international obligations, which are often heavily criticised. The UK is rarely referred to the European Court of Human Rights for any breach of our laws, and we are rarely criticised. Indeed, the findings of that Court are not binding on the United Kingdom. As a champion of human rights we should be proud of the UK’s record in that respect, and we should renew our dedication to being a beacon of human rights in the future.

[Fleur Anderson (Putney) (Lab)]

The asylum system certainly is broken, and this is not the Bill to fix it. On the Afghan resettlement scheme, where is it? How can we trust the Government to deliver any of these programmes, or anything to fix our asylum scheme, if we cannot even come up with that scheme, after many months, and after all of us in the House having received desperate emails from people in Afghanistan who were under threat? I agree with new clause 52, which would waiver visa fees for Commonwealth veterans. We ask them to put their life on the line as members of our country, yet we do not pay their pensions, and we do not allow them and their families visas to say that they are citizens of this country. What more can we ask?

I really want to focus on family reunion. I have stood in the camps of Calais and seen people smugglers wandering around, very maliciously. I have seen the people smugglers about whom so much is made, but it will not be measures in this Bill that sort them out. One missing area is that of family reunion. One of those 27 men, women and children who tragically died in the channel was Harem Pirot. He was fleeing for his life from Iraq, to reach his brother, Anwar, a Sheffield graduate living in Cambridge, who then had to go to Calais to identify his brother’s body. We could cut so many smuggling routes if we were to allow family reunion, yet there is nothing in the Bill about that. Such a measure was promised after the EU Withdrawal Bill, and I talked about it in my maiden speech. It was promised when we discussed the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, and it was promised in the new plan for immigration that there would be a safe and legal route for refugees, and for people fleeing for their lives to whom we can offer safe harbour. Family reunion needs to be put back into the Bill for it to work in the way it is intended.

English Channel Small Boats Incident

David Simmonds Excerpts

Thursday 25th November 2021 Commons Chamber

[Priti Patel]

Yes, I have.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

First, may I commend the Home Secretary on her robust response to the Scottish National party? The London Borough of Hillingdon is currently buckling under the strain of looking after around 10% of all the refugees in the whole country, including large numbers who have been bussed up from Dover. Almost none of those people have a route to Scotland. Recognising the importance of safe and legal routes and the comments made by the French Foreign Minister about some of the pull factors in the UK, will my right hon. Friend consider what steps could be taken to remove the grant of asylum from those whose claim is subsequently shown to have been bogus?

Channel Crossings in Small Boats

David Simmonds Excerpts

Monday 22nd November 2021 Commons Chamber

[Priti Patel]

First, I stand by the claim, as do my colleagues in Europe—the French Minister of the Interior and I speak about this frequently—that 70% of those coming across France’s borders and across the channel to the United Kingdom are single men. I am not going to restate that position any more, and I refer the hon. Lady to comments I have made previously. I appreciate that she may wish to quote the Refugee Council, but quite frankly there is a fundamental point here: the current system is broken, this Government are trying to reform and change it, and the Labour party is trying to block that reform.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I commend my right hon. Friend on her recognition that the system, as it currently stands, does not reflect the humanitarian instinct of the British people. Regarding our ability to intervene against people smugglers in French territorial waters, what is her view of Frontex, the EU border and coastguard agency, which we might expect to play a similar role to that played by the UK Border Agency on this side of the English channel?

[Priti Patel]

That is a great question, and Frontex in particular has an important role to play. I have travelled across certain EU countries and seen Frontex in operation, but not in France, and not with our near neighbours and on our near borders. The Commission is under pressure right now as it has been asked by many member states to provide broader protection. That is out of our remit and a matter for the Commission, but it is vital that it steps up. The lack of border protection is having an ongoing, knock-on impact on people smugglers and on porous borders, and on people coming to the United Kingdom.

Nationality and Borders Bill

David Simmonds Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[David Simmonds (Ruislip, Northwood and Pinner) (Con) [V]]

Compassion and robustness go hand in hand when it come to the way in which we manage our borders. Our common humanity requires that we update our approach as the challenges we face in the world develop. Every Government in every era and every generation have looked for a system that is more efficient, that is safer for those seeking refuge, that is cheaper for taxpayers in the United Kingdom and for the communities taking in refugees, and that is more humane in the way it supports people who have faced some of the most terrible circumstances.

The website of the United Nations High Commissioner for Refugees says that, although our debate is very much about what is happening in the European neighbourhood, the issue is challenging Governments, countries and populations across the world. In Westminster, it is an issue that Parliament has wrestled with since—[Inaudible] —by the post-war Labour Government in response to the retreat from empire.

Most of us, as constituency MPs, will know that our constituents have a very wide range of views on the issue. On the doorsteps campaigning in elections, we will all have heard a good deal of concern from constituents and voters about the impact of migration on the UK. As a constituency Member of Parliament, I have had umpteen contacts from constituents asking me to intervene to prevent the deportation from the UK of someone who has been found to be an illegal immigrant in my constituency who they know, who their friends know and who lives in the neighbourhood. I am yet to have a single contact letting me know about an illegal immigrant that someone wants to see removed. So there is a conundrum in this debate, which is that our voters and constituents are in general very concerned to see that our borders are effectively managed, but tend to have a very positive view of the migrants and refugees they know in their community and in their neighbourhood.

Perhaps that reflects the fact that the UK is not a particularly popular destination for asylum in Europe. UNHCR figures indicate that Germany has about 10 times as many refugees as we do in the UK and that the UK is a middling destination in our European neighbourhood for asylum seekers. However, the UK is particularly active in resettlement. That is something that this House and the Government should rightly be proud of, in creating safe, legal routes for people who we have identified as displaced because of war and conflict, and who can be resettled in the UK. For me, it is an essential principle that we build on the success of things such as the Syrian vulnerable persons resettlement scheme, which cut out the people smugglers from the system and enabled communities the length and breadth of the United Kingdom to welcome refugees without any of the challenges we faced with some of the parts of the asylum system.

We also know that of those who arrive by any route outside of resettlement, about three-quarters are granted asylum under UK law, which shows that most do have a well-founded claim, however they arrive into our country. So we clearly need to tackle the major problems that are inherent in the routes by which people arrive. The smuggling of people into our country and the rest of Europe is helping to fund terrorist organisations in parts of the world, which are making money out of the deaths and misery of many, many thousands of vulnerable people.

There are criminals closer to home, and we have seen some particularly hideous cases in the United Kingdom where large numbers of refugees have died in the hands of those criminals because of the way in which they are being smuggling into our country. I personally saw, on a visit to the Jungle refugee camp in Calais, smugglers driving around offering what is essentially a rate sheet: “If you can pay this many euros, you are allowed to break into a lorry. If you can pay significantly more, we will smuggle you into the UK in a British-plated car with a British driver.” It is an absolutely evil trade and we have no idea how many people have lost their lives in the waters of the English channel trying to get to refuge in our country, so we must tackle that.

It is clearly critical that we have a really effective programme of safe and legal routes. Those safe and legal routes need to work in both directions. This is not just about people who may be fleeing persecution who need to come to the UK. We need, post-Brexit and the loss of the Dublin arrangements, to have routes in place with other third-party safe countries. It is critical, in my view, that we get a clear assurance from Government that we will have that in place to make a real success of the proposed arrangements.

Fundamentally, we need to ensure that we retain public good will and confidence. We need to consider the way in which this operates in the UK. Asylum seekers were first treated separately from the wider benefit system under the Labour Government of Tony Blair in the early 2000s. Dispersal was created under Andy Burnham, then the immigration Minister and now the Mayor of Greater Manchester, in 2005. There are lessons from that system. We need to be wary of trying to do it on the cheap. Unaccompanied children and dispersal demonstrate that engaging communities is difficult when we do it on the cheap, whereas the Syrian resettlement scheme, which was costly, garnered a huge amount of public good will and was much more effective in securing public confidence because it was demonstrated in advance that people had a well-founded claim to be in the United Kingdom. It is not a matter of law, but the House will need to be vigilant to ensure that the system is resourced so that the ambitions that are set out can be achieved.

Let me turn to the question of how we achieve that. The plumbing and wiring of the system clearly need to work right. The concept of effective advocacy and advice for refugees at the point of entry to enable them to lodge a really effective claim is critical. We need to ensure that the way in which we work at the border enables us to understand the circumstances of the asylum seeker as fully as possible. If we are to have a two-tier system that treats people differently according to their means of transit to the UK, we need to recognise that in some parts of the world it may, for example, have been necessary to pay a people smuggler to get out of immediate danger and then to make the rest of the journey by another route. We need to consider how our courts will carry forward decisions on that process. There have been a number of steps in a positive direction, including the recent announcement about working visas for those seeking asylum.

The House needs to balance the views and needs of all parts of our country. When it comes to migration, that means balancing the needs of the businesses in my constituency that are crying out for new workers to enable them to make the most of opportunities with those communities already under pressure for housing need and social challenges, for whom new arrivals may be seen as an unacceptable burden. If we go local, engage communities and recognise complexity, we have a chance of making the system much more effective.

EU Settlement Scheme

David Simmonds Excerpts

Tuesday 29th June 2021 Commons Chamber

[Kevin Foster]

The hon. Gentleman may shake his head, but those are incontrovertible facts.

[David Simmonds (Ruislip, Northwood and Pinner) (Con) [V]]

I very much associate myself with the comments about the need to promote the success of this programme, especially to those critical workers, who many in my constituency have told me they want to see returning as part of reopening. Does my hon. Friend agree that it is worth considering introducing a series of measures to encourage public bodies to refer EU citizens to support services so that they can ensure that they apply before any restrictions come in? Those who apply late are most likely to be encountered when being refused housing by local authorities. It would be enormously helpful for measures to be taken to ensure that public bodies that encounter those who may not have applied are encouraged to refer them to make their applications as soon as possible.

[Kevin Foster]

I agree with my hon. Friend. We have already done some close work with public bodies. For example, getting EUSS status can be very helpful to someone with a chaotic lifestyle who may have been homeless because it gives them a firm status and identity. We are working on those systems. We have been working closely with local government, particularly in the last two years, to get applications in and we will continue to do that. That includes work on provisions for expediting late applications when there are compassionate or compelling circumstances.

Oral Answers to Questions

David Simmonds Excerpts

Monday 7th June 2021 Commons Chamber

[Chris Philp]

First, I remind the hon. Lady again that the use of detention in general and for women in particular has reduced very significantly already over the past few years. Secondly, Hassockfield is replacing the Yarl’s Wood facility, which is being converted for mainly male use and, therefore, the number of female places for immigration detention as a result is going down dramatically. Thirdly, no, we are not going to review the use of Hassockfield—first, for the reason I have just mentioned, it actually represents a reduction in total numbers, and, secondly, because the adults-at-risk policy very actively, carefully and thoughtfully weighs up vulnerability against questions of detention. My hon. Friend the Member for North West Durham (Mr Holden) has been fully engaged on this issue. The new centre will create local jobs, and, as I said, it will also represent a reduction in the women’s detention footprint.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

What steps her Department is taking to ensure that children in care can apply for settled status after the EU settlement scheme deadline has passed.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

We will take steps to ensure that children in care are handled sensitively. As I mentioned in answer to previous questions, if someone misses the 30 June deadline, where they have reasonable grounds for doing so—that could conceivably very well apply to children in care—discretion will be exercised and a late application accepted.

[David Simmonds [V]]

I welcome the Government’s commitment that we will learn lessons from Windrush and ensure that vulnerable people, especially children, do not find themselves with a question mark over their status in years to come. Will my hon. Friend confirm that the offer of support to care leavers making applications out of time includes those who were aged 18 to 25—and therefore had care leaving status under the Children Act 1989—before 31 December 2020, not just those who were under 18 at the time? Will he consider tweaking the case study provided in the Home Office guidance to make that absolutely clear?

[Chris Philp]

As I mentioned earlier, we are doing a great deal of active outreach via grant-funded organisations, in particular with local authorities, to make sure that vulnerable people of the kind my hon. Friend describes are reached. I can give him an assurance that the care leavers he describes are potentially included, because the reasonable grounds provision potentially applies to anybody. Anyone who misses the deadline, whether they are a care leaver or, indeed, anyone else, can make the case that they have reasonable grounds for having missed the deadline, so they are absolutely included. The list of case studies is, of course, non-exhaustive; it is designed not to list everything, but to give a few examples. Anybody can apply for the reasonable grounds exemption. I repeat that anyone who thinks that they are eligible should apply by 30 June. That is the best way to make sure that their case is handled properly and fairly.

Criminal Justice Review: Response to Rape

David Simmonds Excerpts

Tuesday 25th May 2021 Commons Chamber

[Kit Malthouse]

I thank the Chair of the Home Affairs Committee for her question, but it would be a mistake to point to one particular issue driving the drop. We know, for example, that the significant fall from 2016-17 was down to difficulties with disclosure that arose from particular cases, and the impact that that has had on both the police and the Crown Prosecution Service.

I think it is sometimes a mistake to give the impression that somehow a decision was made that this should happen. It was not. There has been a pattern of decline over a number of years. Part of the reason that we instituted the rape review, admittedly 24 months ago, was to try to diagnose exactly what has gone wrong—exactly why these cases are failing to get to court, why so many witnesses are falling out before they get to court, why we are seeing difficulties with disclosure, and what we can do to improve, for example, our operation of digital forensics, in terms of both capacity and capability. All that will be contained in the review. I understand people’s impatience; there is not much longer to wait now.

[David Simmonds (Ruislip, Northwood and Pinner) (Con) [V]]

I commend the Government for the work that has already been put in hand to improve support for rape complainants. Will my hon. Friend give an update on when the new 2017 guidance on achieving best evidence—ABE—will be published and set out how the use of recorded pre-trial evidence and the specialist input of the Criminal Bar Association are informing the Government’s next steps?

Support for Asylum Seekers

David Simmonds Excerpts

Tuesday 27th April 2021 Westminster Hall

[David Simmonds (Ruislip, Northwood and Pinner) (Con) [V]]

It is a pleasure to serve under your chairmanship today, Mr Davies. I commence, like the hon. Member for Bermondsey and Old Southwark (Neil Coyle), by drawing the House’s attention to my entry in the Register of Members’ Financial Interests as a principal of the Refugee, Asylum and Migration Policy Project and as a vice-president of the Local Government Association.

It is vital to put today’s debate into its context. The hostile environment and a move away from treating asylum seekers as simply part of the wider welfare system began in the early 2000s, as the Blair Government recognised the political toxicity of the public perception that people newly arrived in the UK would be able to potentially jump social housing waiting lists. True or not, that was a serious political concern that they faced at the time.

In the mid-2000s, Andy Burnham, then the Immigration Minister and now the Mayor of Greater Manchester, signed off on the implementation of dispersal, creating a new route for asylum seekers, whereby they were placed in parts of the country where local authorities, recognising that there was a surplus of housing locally, offered to accommodate them and to provide them with support in those local communities. Subsequently, the Home Office looked to economise on the cost of delivering those services, by delivering through a set of national contracts with private companies.

Hard as it is to believe for those of us in London constituencies and city constituencies with lengthy housing waiting lists, there are parts of the country, such as Stoke-on-Trent, that were proactive in seeking to be dispersal areas because they recognised the benefits to their communities of bringing in new people who could revitalise the schools and other public services on which their communities depended.

The other significant factor remains the distribution of unaccompanied asylum-seeking children, which is not a matter for the Home Office but sits with the Department for Education, under the Children Act 1989. It means that local authorities that have ports of entry—airports or sea ports where people arrive into the UK—bear significant responsibilities. The Home Office’s national transfer scheme has been a step towards addressing that distribution.

The other big part of that picture is that refugees, once they are granted that status in the UK and have the right to asylum, often do not stay in the communities where they are placed through dispersal. That is why we see very large numbers of refugees living in London and the south-east of England, for example. They have not been placed there by the Home Office, but have moved there under their own volition.

It is very clear from my engagement with contractors who have administered the scheme that the new set of Home Office contracts has represented a significant improvement on what was there before. The funding that is available, the flexibility and the volunteering of new local authorities that are keen to be dispersal areas have all helped to ease some of the pressure.

However, we recognise that there are remaining issues with the system. In particular, as the hon. Member for Bermondsey and Old Southwark alluded to, there is a very clear desire, first, to ensure that asylum seekers are not competing with local people to access social housing where that is in short supply; by definition, that means that people are being placed in parts of the country that do not already have a significant housing waiting list. Secondly, we need to ensure, given that around two thirds to three quarters of people who apply for asylum in the UK are granted it, that asylum is the start of a path to integration.

So, my ask today of the Minister is fairly simple—it is a shopping list of things that we need to do better and that we can consider as part of this wider consultation. First, we need to think about how dispersal is part of a path to integration, given those figures about people being granted asylum. Secondly, we must ensure, regarding things such as move-on period and the recognition that most people who come for asylum in the UK will remain, that we are realistic about how we support them to integrate. Thirdly and finally, and this is the most important point, there must be real consideration of how Departments work together. The challenge for local authorities and communities often arises because the Ministry of Housing, Communities and Local Government and the Department for Education are not aligned with the Home Office. So, I ask the Minister: can we please ensure that the approach to this issue is joined up across Government so much better than it is today?

[Philip Davies (in the Chair)]

I now have to drop the time limit to three minutes.

Trespass

David Simmonds Excerpts

Monday 19th April 2021 Westminster Hall

[David Simmonds (Ruislip, Northwood and Pinner) (Con) [V]]

It is a pleasure to serve under your chairmanship, Mr Bone. As we consider the important matter of illegal encampments and unauthorised access to land, may I commend my hon. Friend the Member for South Ribble (Katherine Fletcher) for her eloquent and balanced introduction to the debate? It is important that I be clear from the outset that I and my constituents strongly support the introduction of tougher measures to protect land and property from trespass, whether it belongs to private individuals or the taxpayer in the form of central Government or local authorities.

I pay tribute to the work of Councillor John Warmisham, the Labour leader of the UK delegation at the Congress of Local and Regional Authorities in the Council of Europe, who has led work for many years at an international level to improve the way in which human rights law, as administered by local authorities and regional governments, treats Gypsy, Roma and Traveller people. His work has been very important in informing my thinking on the subject and my approach to the petition today.

There seems to be no evidence that the proposed strengthened measures would deter anyone from lawful access to private land. Ramblers, walkers and riders do not see their legitimate and time-honoured access restricted by what the Government propose. It is very clear, as my hon. Friend the Member for South Ribble said, that powers to prosecute are triggered only in circumstances where someone is present where they have no right to be, and when they refuse to leave when asked.

In my constituency, on the edge of London, we have many popular walking and rambling paths, mountain bike routes and bridleways. The users of these amenities, many of which are maintained by private landowners as part of the good husbandry of their holdings, should have no fear that they will be negatively impacted. It is also clear that the law in Scotland might offer a model to consider, and I know that the Government have been consulting on that. Trespass is a criminal offence, but legitimate use of the property is included. Other Members may disagree with that, but that is the legal interpretation that I saw in the briefing note. I look forward to being enlightened.

Many communities have suffered significant blight from unauthorised encampments for too long. I live opposite a green space owned and maintained by the London Borough of Hillingdon, and it was the subject of one such incursion. Like many people across the country, other residents and I were treated to the sight of people defecating publicly opposite our homes, with rubbish strewn around and extensive vandalism. Normal activities such as children’s football, outdoor exercise and dog walking all had to stop while the legal process was followed.

Once that notice was served, I watched alongside those other residents as campers gathered all the glass that they had accumulated during their stay, smashing it to fragments and scattering it across the whole area, to maximise the harm and inconvenience that their illegal incursion caused the community. When they finally departed, they left a massive clean-up job and, for that season, a bill in excess of £300,000 for council tax payers to meet. I speak from personal experience when I say that the measures are long overdue.

Some will argue that legitimate lifestyles are at risk of being criminalised. I wholly disagree. Not one moment of what I witnessed was legitimate. Both the settled and the temporary residents of local caravan sites, which are made available for public use, would agree, because they pay council tax to clear up that kind of mess, too. Breaking into other people’s property, causing misery and stress at a massive cost is simply unacceptable. It is not a lifestyle; it is straightforward criminality, and it must be robustly dealt with when it occurs.

Clearly, there is a balance to be struck. At the moment, the balance weighs too heavily against the landowner and the taxpayer, and in favour of the small minority of criminals who choose to exploit the fact. It is absolutely right that the Government take heed of the concerns of communities across London and the rest of the country, and enact the measures.

Domestic Abuse Bill

David Simmonds Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC) [V]]

Diolch yn fawr Madam Ddirprwy Lefarydd. I, too, would be very grateful for the opportunity to pay tribute to Dame Cheryl Gillan. She was of course a former Secretary of State for Wales, and when I first arrived in the House in 2015 I personally found her very keen and very supportive of cross-party working. It was a pleasure and honour to work with her.

I am, of course, pleased that this vital legislation has nearly completed its passage through the House and the other place. It has been an extremely interesting learning experience over two general elections for me as well, with the Joint Committees working on this. The issue of domestic violence has come into sharp focus in the public mind following the deaths of Sarah Everard, Wenjing Lin and others, and it is right to acknowledge that the Bill represents a positive step forward in addressing the deep-rooted reality of domestic violence in society.

First, I want to welcome the Government’s support for a number of Lords amendments—including especially Lords amendment 32, which seeks to reduce coercive control and vexatious activities in the family courts. I am glad to say I was able to raise this issue in my Courts (Abuse of Process) Bill back in 2017.

As for the rest of the amendments, a key concern of mine and many others has already been mentioned today: the monitoring of offenders and the effectiveness of the multi-agency public protection arrangements. I tabled an early amendment for a domestic abuse register and am pleased that Lords amendment 42 follows in the same vein. As Baroness Brinton said in the other place about MAPPA, there is some very good practice but it is not consistent because the agencies are not being forced to work together. The impact that is having on victims is appalling.

The Government need to evidence how exactly their changes to MAPPA guidance will be qualitatively different from what came about before. These figures are important. At present, just 0.4% of cases fall into category 3 of MAPPA—that is, on average, just 330 offenders a year, and the numbers have fallen by 48% since 2010. MAPPA category 3 can cover domestic offenders, yet it does not, at present, does it? The optimistic statement that data sharing will wave a magic wand and make this fit for purpose, especially after 11 years of austerity justice, is quite difficult to credit on face value.

The Government have promised that changes in the Police, Crime, Sentencing and Courts Bill will clarify and extend the information-sharing powers of agencies subject to MAPPA. It is crucial that these measures complement rather than run counter to Senedd legislation in Wales. For example, how will updated information-sharing powers interact with devolved services in education and housing—areas of policy that should play a key role in the prevention agenda?

The Home Secretary had previously hinted that a register could be implemented. Can the Minister commit to reporting back to this House with data about how stalking and domestic abuse offenders will be increasingly monitored through MAPPA, and also commit to evaluating the effectiveness of this route? We have all learned too much to trust implicitly a system that has failed so many victims so comprehensively in the past.

On domestic abuse protection orders, I echo Welsh Women’s Aid’s call for clarity on the delivery of DAPOs for Wales. Further clarity on resourcing and guidance for both devolved and non-devolved areas are important, as the jagged edge of justice in action in Wales needs greater scrutiny—until, of course, such matters are coherently devolved. How will DAPOs be resourced? What guidance on resourcing will there be for commissioners both devolved and non-devolved, and how will the UK Government work with the Welsh Government on the application of DAPOs?

I strongly support Lords amendments 40, 41 and 43, which offer protections for migrant women who have suffered domestic abuse, given that they face additional, complex, interlocking barriers that can shut them out of safety. The Government argue that the existing asylum system can offer support to migrant victims, but in reality this is not often the case, and the Home Secretary’s plans for changes to the asylum system will make it harder for migrant victims to access support and fair treatment if they arrive in the UK by non-official means.

This flies in the face of the Istanbul convention, which requires that survivors of violence against women and girls can access protection irrespective of their immigration status. My party wants Wales to be a nation of sanctuary for those fleeing abuse and persecution and for us to be party to implementing the Istanbul convention in full. Sadly, however, the Government’s position at present is a barrier to these ambitions.

I urge the Government to support the Lords amendments and enact the ambitious and transformational change needed to shift the focus and balance in favour of the needs and welfare of victims, so that we can consign domestic abuse to the history books across the UK.

[David Simmonds (Ruislip, Northwood and Pinner) (Con) [V]]

I support this Bill because it is an opportunity to make a real difference to the lives of those affected by domestic abuse. We all recognise that enormous progress has been made in the way we treat victims and their families, and also perpetrators, and the Bill sets out positive steps and more progress that we plan to make. A lot of the debate about the amendments before the House reflects a desire for practical outcomes that Members want to see, yet I accept the Government’s position that many of these are often better achieved through non-legislative means.

The response to domestic abuse as experienced by victims, families and perpetrators comes from a local partnership typically led by our councils but involving the police and the NHS. It is through these organisations that we make the difference that we all want to see. Ensuring that we learn from their experience and that we resource them properly to do the job we expect of them is critical. I pay tribute to the work done by former Hillingdon councillor Mary O’Connor, serving Hillingdon councillors Jane Palmer and Janet Gardner, and former safeguarding board chair Stephen Ashley to improve the way in which domestic abuse is managed in my constituency. They led the way in training people to identify victims of modern slavery and in uncovering complex forms of abuse, including coercive control. They have created a situation for my constituents where there is a local safe space night-time economy, with more than 40 businesses and hundreds of staff in different organisations trained in identifying the signs of risk and knowing how to support people. Vitally, they have ensured that this learning is shared at a national level, to help other places transform their approach too.