Immigration Detention: Victims of Modern Slavery

Debate between Desmond Swayne and Caroline Nokes

Wednesday 17th July 2019 Commons Chamber

[Caroline Nokes]

I reassure the right hon. Lady that I certainly was not misleading the House: there is no central record of those who have received a positive, conclusive grounds decision and are detained under immigration powers. While that information may be obtainable from the live Home Office case information database, otherwise referred to as CID, the information would be for internal management only. For example, some data may be incomplete and freedom of information requests are heavily caveated as such.

Releases of data from CID are always caveated and sometimes it is possible the data is not always accurate; there may be instances where individuals are counted twice. It is standard practice in parliamentary questions that we do not provide information that does not form part of published statistics. CID will show only those individuals who have been referred into the NRM from immigration teams and would not cover those referred to the NRM from other first responders, such as the police, social services or, potentially, medical practitioners.

The right hon. Lady asks specifically about the 507 individuals referred to in the After Exploitation report. I want to be very clear on this point: those were not 507 individuals detained after getting a positive reasonable grounds. As stated very clearly in the freedom of information response, the figure relates to people who had a positive reasonable grounds when entering detention or while in detention.

Further analysis of the figures shows that, of the 507 people in question, 479 received the positive reasonable grounds decision during a detention period—and of those, 328, or 68%, were released within two days of the decision and in total 422 were released within a week. Of the 57 detained for eight days or more following a positive reasonable grounds decision, 81% were foreign national offenders.

[Sir Desmond Swayne (New Forest West) (Con)]

What is particularly terrible about immigration detention is its indeterminate nature and the fact that detainees have so little information about their own cases and, indeed, about their rights. Habeas corpus is still one of our fundamental principles, isn’t it?

Illegal Seaborne Migration

Debate between Desmond Swayne and Caroline Nokes

Tuesday 4th June 2019 Commons Chamber

[Caroline Nokes]

Perhaps the hon. Gentleman missed me talking about the vulnerable persons resettlement scheme, which has so far resettled in excess of 15,000 people from the middle east and north Africa region. However, he is right to point out that managed routes such as that are far better than making perilous journeys across the channel.

[Sir Desmond Swayne (New Forest West) (Con)]

Why has the number of criminal deportations collapsed?

[Caroline Nokes]

My right hon. Friend will know that we always seek to deport foreign national offenders when possible. Our emphasis continues to be on returns and on ensuring that those who have served criminal sentences in the UK are deported when possible. That is not always the case, so this is about having returns agreements with other countries and ensuring that travel documents are available. However, it is our ambition, under the UK Borders Act 2007, to ensure that foreign national offenders are deported to their country of origin upon the completion of their sentence.

Leaving the EU: Rights of EU Citizens

Debate between Desmond Swayne and Caroline Nokes

Monday 5th November 2018 Commons Chamber

[Caroline Nokes]

Thank you, Mr Speaker. I think “unseemly” is a perfect description.

As I said, we will be bringing forward the parliamentary timetable for the immigration Bill shortly, and further details will be set out in due course, which I am sure will give the hon. Member for Cardiff South and Penarth (Stephen Doughty) satisfaction.

[Sir Desmond Swayne (New Forest West) (Con)]

What reciprocal announcements have been made by EU states following the Prime Minister’s generous offer in respect of leaving with no deal?

[Caroline Nokes]

My right hon. Friend and constituency neighbour makes an important point. At every opportunity, Ministers raise both with the EU and our counterparts in the EU27 the important factor of UK citizens lawfully residing in other EU member states. There is of course huge concern that we have made a generous offer to EU citizens, and let me be clear that we want them to stay here and that we regard them as part of our community. It is time for the EU to step up to the plate and say what it is doing for British citizens.

Yarl’s Wood Detention Centre

Debate between Desmond Swayne and Caroline Nokes

Tuesday 6th March 2018 Commons Chamber

[Caroline Nokes]

The right hon. Lady has raised some very important points. I will first clarify the circumstances in which a letter is given to individuals who may be refusing food or fluid while in detention. A letter will only be handed to people after an extensive welfare interview, which happens with a medical professional, and is used to explain to individuals the very real risk that they are putting themselves at by refusing food and fluid. We want nobody in detention to be in that situation and it is important that we explain to them the risks involved.

The letter is, in fact, part of official Home Office guidance and was published on the gov.uk website in November last year. It was agreed after consultation with NHS England, Medical Justice, the Immigration Law Practitioners Association and a range of non-governmental organisations, because it is important that we get the correct information to detainees who are choosing to refuse food and fluid.

I was first aware that individuals at Yarl’s Wood were refusing food and fluid at about the same time that the right hon. Lady undertook her visit. Of course I regard it as very serious. Nobody wants detainees to be at any risk, but it is important that they should not regard this as a route to preventing their removal from this country. As I said clearly in my opening statement, ensuring that individuals abide by immigration rules is an essential part of our immigration system. I wish to do nothing that encourages them to put their own health at risk by suggesting that doing so might prevent their removal from this country.

Indeed, there are some circumstances whereby people could be prioritised, such as if we anticipated that somebody needed escorts to be removed from the country, because there is always a long wait for that service. We can also talk to embassies to understand whether there is a problem with papers from someone’s home country, and get those expedited, so that the individual can be returned to their home country as swiftly as possible.

[Sir Desmond Swayne (New Forest West) (Con)]

Accelerated processing would only be a threat if the judicial process was not seen to be fair and independent. Is it?

[Caroline Nokes]

My right hon. Friend will be aware that there is an extensive judicial process, whereby individuals seeking to stay in this country may apply to the first tier and, indeed, the upper tier tribunal at any stage in the process that they may apply for judicial review. We are determined to make the immigration system as fair as we possibly can, but also to uphold our rules.

Immigration White Paper

Debate between Desmond Swayne and Caroline Nokes

Monday 5th February 2018 Commons Chamber

[Caroline Nokes]

First, I reassure the right hon. Lady that we are not kicking the can down the road. We are making sure we get a system that is right for people. That is why I make no apology for making our priority the 3 million EU citizens living here and the 1 million UK citizens living in EU states. We want to have a system in place for them during the implementation period so that we can register those 3 million people as smoothly and seamlessly as possible. It is imperative that, when we come to the House with a White Paper and an immigration Bill, they are the right pieces of legislation.

[Sir Desmond Swayne (New Forest West) (Con)]

When are we likely to get immigration down to the tens of thousands?

[Caroline Nokes]

My right hon. Friend will know as well as I do that in successive Conservative party manifestos we have made a commitment to making sure that we bring immigration down to sustainable levels.