Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Eighth sitting)

Dehenna Davison Excerpts

Committee stage & Committee Debate: 8th sitting: House of Commons
Thursday 18th June 2020 Public Bill Committees

[Kevin Foster]

I have outlined the work that we are doing with local authorities to identify who is eligible. As the hon. Lady said, it is a moving feast, and we particularly want to make sure that those responsible for making these applications are aware of how to apply and who qualifies, and that they then proceed to do so.

I understand the concerns expressed by hon. Members about looked-after children and care leavers, and we must ensure that their corporate parents secure the best possible outcomes for them.

[Dehenna Davison (Bishop Auckland) (Con)]

Does the Minister agree that the best way that we can support looked-after children is by ensuring that they can take full advantage of the EU settlement scheme through local authorities, rather than having a two-tier system?

[Kevin Foster]

Absolutely. Once someone has their status under the European settlement scheme, they join another—why, we have had over 3 million decisions taken on granting status. That will be part of how our border system will operate in future. One of the lessons learned from the past is this—status was granted under an Act of Parliament, but then in several decades’ time it has to be explained to someone how their status was under a different approach from how status is granted to those who are in the same cohort, in terms of nationality and citizenship. That is not helpful to anyone. That is one of the lessons learned, of course, from the experience of the Windrush generation. That Act of Parliament was in 1971. The status was granted on 1 January 1973 and the issues then started to be encountered 30 years later, and not just since 2010— the first case mentioned on the front of Windrush lessons learned review is from 2009. Again, it is about how those issues are created.

A declaratory scheme as proposed in new clauses 41 and 58, under which those covered automatically acquire UK immigration status, would cause confusion and potential difficulties for these vulnerable young people in future years, with their having no solid evidence of their lawful status here. They will need evidence of their status when they come to seek employment, or access to benefits and services to which they are entitled. A declaratory system would leave them without that evidence, struggling to prove their rights and entitlements over decades to come.

I listened carefully to the comments made by the hon. Member for Kingston upon Hull North, in which she outlined the process local authorities could go through to list the children and send those lists to the Home Office. I thought, “If local authorities are going to go through all this, then the logical thing for them to do is make the applications that are required under the EU settlement scheme, and ensure the children they are listing have the status they need.” It is hard to see what the benefit to councils would be if we introduced a different process that did not produce a better outcome. If that is what we are going to ask people to do—arrange a working identifier—the next stage is to ask them to make quite a simple application to the European settlement scheme to get the status that child deserves.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Dehenna Davison Excerpts

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Yvette Cooper]

I will not—I am conscious of time. The Government have a responsibility through this Bill to ensure that they build a system that can build consensus and cross-party support; that supports our economy and public services and does not undermine that; that recognises and rewards the huge contribution that people have made to this country, including and especially during the covid-19 crisis; that is fair and respects people; and that continues to support those who are most vulnerable, and particularly children and child refugees. The amendments that I and others have put forward are in that spirit of building a system that can provide consensus across the country. I urge the Minister to accept them.

[Dehenna Davison (Bishop Auckland) (Con)]

Having served on the Public Bill Committee and knowing how much my constituents across Bishop Auckland care about this important Bill, it is my pleasure to speak in support of it in this debate.

We must never lose sight of why we are having this debate and why it is so important: this Bill symbolises the trust that voters put in our nation to decide our own immigration rules and, in turn, the trust that they put in this place to get those rules right. The Bill marks the start of a journey that will provide the framework to allow doctors, scientists and engineers to come to this country, contribute and make it their home, whether they are from Austria or Australia, Italy or India. There are some who mourn the end of free movement and indeed some—mainly on the Opposition side of the House—who would keep it indefinitely, but rather than seeing the changes to free movement as the end of a chapter of our migration story, we should view this as the start of the story in which Britain opens its arms to the rest of the world.

Turning to the amendments from my right hon. Friend the Member for Haltemprice and Howden (Mr Davis)—he is no longer in his place, but I have great respect for him and he has long been a proud champion of liberty—it is important that we look in detail at immigration detention and remember the reason why it is used. In moving into this new immigration system, we must remain robust and firm. We must have a level and fair immigration system, but one where those who fall foul and offend are dealt with and face sufficiently serious consequences.

Let us be clear: immigration detention is only ever used as a last resort. It is only used as an immediate precursor to removal from the country or where there is a serious risk of someone absconding or causing harm to the public. As with any system, there will be those who slip between the nets, and I would be grateful for the Minister’s reassurances that these people are being fully considered in this legislation. However, looking at the current immigration detention figures, we see that 97% of people currently in detention are foreign national offenders, who have committed some of the most serious, heinous, disgraceful crimes—crimes such as murder, rape and child abuse.

By implementing an arbitrary time limit on immigration detention, we could make it much more difficult for those offenders to be removed from our country. That is not good enough and it is not something my constituents in Bishop Auckland would accept.

[Richard Fuller (North East Bedfordshire) (Con)]

I am enjoying listening to a number of the arguments I have heard being put forward. On this issue of foreign offenders, is not the right answer to deal with their immigration status while they are in prison serving their term, rather than throwing them into a detention system because we have not worked out how to do that in the first place?

[Dehenna Davison]

One could certainly argue that; I would argue the opposite, but I thank my hon. Friend for his point. Let me give a tangible example. Had a 28-day limit been in place in December, it would have resulted in the immediate release of some foreign nationals who were awaiting deportation, including 29 rapists, 27 child sex offenders and 52 violent offenders, including a number of murderers, and more.

[Stuart C. McDonald]

The hon. Lady is doing a good job of regurgitating what the Government put out this morning—

[Stuart C. McDonald]

Well, it is, almost literally. All of these points can be rebutted. This series of amendments provides for a six-month process in which the Government could transition, so it is not an overnight thing. There would be six months for the Government to deal with foreign national offenders and to have them removed.

[Dehenna Davison]

The point I make is that these are some of the most serious offenders, and, as I said, my constituents would not accept something along those lines. Furthermore, when we look at statistics on current detention times, we see that for the majority those are very short, with 74% detained for less than 29 days. For those held for substantial time periods, there must be a compelling reason, such as public safety. For example, we have the example of a man who gang-raped a 16-year-old, has a history of absconding and has delayed his own removal with five unsuccessful judicial reviews. Lawful immigration detention is needed to keep the public safe, so I cannot support these amendments. My constituents want a fair immigration system but they also rightly expect that system to keep them safe.

Turning to new clause 2—

[Christine Jardine (Edinburgh West) (LD)]

Will the hon. Lady give way?

[Dehenna Davison]

I will not give way any further.

I praise my hon. Friends for their commitment to protecting children in care, particularly my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who has long been a champion for children. Vulnerable children should always be in our minds when we make policy, and I echo the comments of my hon. Friend the Member for Eddisbury (Edward Timpson) on ensuring that nobody is left behind. However, I know that the Minister shares my concern that this proposal may inadvertently create a two-tier system. So rather than legislating in this manner, we should be strongly doing all we can to encourage local authorities to identify those vulnerable children and make sure that their EU settlement scheme applications are processed so that they have full and proper proof of their status and access to the documents for the rest of their lives, because we must never allow another situation such as Windrush to happen again.

On new clause 29, we have a proud history in this country of providing safe refuge, whether to the Kindertransport children or to Ugandan Asians fleeing Idi Amin. These are human stories and they should always be in our minds when we look at our policies today. The UK’s resettlement schemes have offered a safe route to the most vulnerable and given them a safe home on our shores. Unaccompanied children who are seeking international protection in an EU member state and have specified that family members are here in the UK should continue to be reunited with them, and I am glad that the Prime Minister has stressed the importance of that. The Government have approached the EU to offer a future reciprocal arrangement for the family reunion of unaccompanied asylum seeking children, and we know that a legal text was published in May to contribute to those negotiations. Getting a reciprocal arrangement is in the best interests of those vulnerable children and those families. We must not act unilaterally, as this amendment would have us do, as that would have a negative impact on the number of children who receive our help. Instead, we must work with the EU to form a joint agreement, and we in Parliament must allow time for these negotiations to play out, without binding the hands of our negotiators. We have seen what happens when Parliament tries to do that in past negotiations and we do not want to see a repeat of that.

This is an important Bill. It delivers on the referendum result and helps those of us on the Government Benches in particular, to repay the trust that the British people put in us in December. I vowed in December that I would do my utmost to represent the views of my constituents, whether in Bishop Auckland, Shildon, Barnard Castle or Spennymore, and that means backing this Bill and supporting a fair, robust immigration system that opens our arms to people across the world who have the talents and skills that our country needs to prosper.

[Alexander Stafford (Rother Valley) (Con)]

This Bill defines the type of country that Britain will be for decades to come and, more importantly, it reflects the type of country we want to be. My constituents and I care deeply about fixing our broken immigration system and replacing it with a regime that puts the United Kingdom first.

I wish to make it clear that the Bill has the support of my constituents. Rother Valley demanded an end to free movement: the Bill ends free movement. Rother Valley urged the Government to introduce a fairer points-based system for immigrants: the Bill does that. Rother Valley called for a transition to a high-wage, high-skill and high-productive economy: the Bill delivers that change while protecting our businesses and essential public services. We voted overwhelmingly for Brexit in Rother Valley. For too long, our voices were ignored on issues such as immigration. We watched our area decline from chronic underinvestment, which caused business closures, soaring unemployment and a lack of skills, training and education.

Meanwhile, Britain experienced an unlimited and uncontrolled influx of cheap labour from Europe. Thanks to the tyranny of the European Union, there was nothing we could do to manage our borders. A fundamental aspect of sovereignty was stripped from us and left us without a voice, but we have now found our voice. We took back control in 2016 and we are taking back control today with this very Bill, unamended.

In the wake of the coronavirus, we shall have a new immigration system in place that attracts the best and brightest from around the world, no matter where they come from—from Europe and beyond.