Criminal Justice Review: Response to Rape

Diana Johnson Excerpts

Tuesday 25th May 2021 Commons Chamber

[Kit Malthouse]

My hon. Friend raises a critical issue, which, as she says, is at the heart of so many of these investigations. I know that, as part of their joint action plan, the police and the CPS will be looking at exactly such issues to ensure that there is consistency and, frankly, that they can get the right kind of result in court.

[Dame Diana Johnson (Kingston upon Hull North) (Lab) [V]]

Can the Minister tell the House whether the rape review looks at the shockingly low figures for convictions of men who rape women and girls who have been trafficked for commercial sexual exploitation; and will this be addressed in any action plan, including the need for new legislation to protect women and girls, and to hold men accountable for their actions?

[Kit Malthouse]

As the right hon. Lady will know, thanks to this Government there are now significant penalties under the modern slavery legislation for those who traffic individuals. However, I hope she will forgive me if I do not necessarily reveal what is in the review. I hope that she will see that, whatever the circumstances of that particular offence, once the work starts—the work has started, but once we get going on the work that sits behind the rape review—we will see perpetrators of all kinds of these offences in court, where justice can be dispensed.

Safe Streets for All

Diana Johnson Excerpts

Monday 17th May 2021 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

As today’s theme is “Safe streets for all”, I start by paying tribute to Humberside’s former police and crime commissioner, Keith Hunter, who worked hard to develop the PCC role and reversed the post-2010 Tory and Lib Dem cuts in police numbers. I fear that Hull’s inner-city policing challenges may be less of a priority for his successor. There is little in the Queen’s Speech that will help us in Hull to combat antisocial behaviour which blights the lives of so many after the austerity decade in areas such as Orchard Park, Beverley Road and Princes Avenue.

As we face the economic challenges post covid and post Brexit, Hull people will be looking to the Government to make good on the promises of levelling up. After a decade of talk about the northern powerhouse and rebalancing the economy, we have little to show for it that has not actually been achieved through local effort. In fact, in those years, Tory Ministers blocked Hull getting rail electrification and imposed some of the country’s deepest public sector funding cuts on the city. Now, the various pots of levelling-up funding available, even to favoured areas, do not amount in scale to the sustained investment that would be really transformational —as seen, for example, in London’s Docklands in previous decades. These pots of money, which set towns against cities and regions against regions, do not even compensate for the funding cuts since 2010. In Hull we need investment but not the gerrymandering of the towns fund or the one-size-fits-all, made-in-Whitehall mayoral model of devolution that Ministers insist on. I agree with genuine devolution in principle, but we must let the people of Hull and the East Riding have their say on what they want devolution to look like for it to be meaningful.

I want to conclude with a couple of positive suggestions that I hope would command cross-party support. First, one step forward on levelling up for the most deprived areas would be to strengthen the Dormant Assets Bill that was introduced in Parliament last week and to use the £880 million of capital liberated for a community wealth fund to improve life chances, skills and the quality of life in neighbourhoods such as north Hull’s Bransholme.

Secondly, I welcome the promise in the Queen’s Speech to honour and strengthen the armed forces covenant, placing it in law and hopefully extending good work with veterans. However, working shoulder to shoulder with our armed forces this past year to get the country through the covid pandemic and roll out the vaccine has been our brilliant NHS and social care workforce. We should remember that by December 2020, nine months into the pandemic, some 850 NHS and social care staff had died from covid. Never again should these staff face the prospect of needlessly risking their own health, even their own lives, in the course of doing their job through a lack of PPE or failings in testing. The Home Secretary talked about the police covenant in her opening remarks. I hope that the Government will consider instituting a national health, social care and emergency services covenant on similar lines to the existing armed forces covenant—enshrined in law, fully funded and in place as soon as is practicable. These workers deserve much more than a hand clap on the doorstep on a Thursday night, a medal or, now, the prospect of a real-terms pay cut. They have been there for us—all of us—and now we need to be there for them.

UK Terrorism Threat Level

Diana Johnson Excerpts

Thursday 5th November 2020 Commons Chamber

[James Brokenshire]

In response to my hon. Friend, I think I would make the point that the right to peaceful protest is one of the cornerstones of our democracy, but in these unprecedented times any gathering risks spreading the disease leading to more deaths, so it is vital that we all play our part in controlling the virus. People must follow the rules on meeting others, which apply to all gatherings and therefore to protests, too. As they have done throughout the pandemic, the police and local authorities will engage, explain and encourage people to follow the rules before moving on to enforcing the law.

[Dame Diana Johnson (Kingston upon Hull North) (Lab) [V]]

Having recently joined the Intelligence and Security Committee and as a member of the Home Affairs Committee, I have huge respect for the vital work of our police and security services in keeping our citizens safe and protecting our values. However, it is strongly suspected that covid lockdowns have increased the conditions in which largely unknown lone individuals are radicalised online by terror groups, including those of the far right. Can the Minister say what he is doing to review the adequacy of the powers to monitor and take action on potentially dangerous individuals?

[James Brokenshire]

The hon. Lady sits on the ISC, and I commend the Committee and the comments of its Chair earlier in relation to these really important issues. The hon. Lady is right to highlight how the increased use of the internet as a result of covid-19 has brought into focus the need for us to remain vigilant of terrorists seeking to exploit the situation. We are working closely with tech companies to ensure that preventing terrorists’ use of their platforms continues to be a priority and that companies are responding quickly to any emerging threats. We need to focus on the issue of end-to-end encryption, which intentionally blinds tech companies’ access to content and would have a disastrous impact on public safety. That is why we ask them to find solutions that put the public’s safety first, and they must not turn a blind eye to this problem.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Diana Johnson Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The reason I asked to speak later in the debate this afternoon was made clear by the speech by my right hon. Friend the Member for North Durham (Mr Jones). His knowledge and experience from his time on the ISC gives him an insight into the issue that many of us in this House just do not have. I am a very new member of the ISC, and I have a lot to learn, but I know that it is important to listen to those who have that knowledge and experience.

When I spoke on Second Reading, I made a short contribution saying that I supported the law on giving covert sources the right to break the law being set out expressly. I think that is absolutely right. We need to have those legal safeguards set out very clearly, but that also reminded me of those individuals who put themselves at great risk to go undercover to infiltrate terrorist groups, serious organised crime groups or paedophile rings. They are doing that on our behalf, and it is right that we now have a law that gives protection to them for what we are asking them to do.

As has been said already, the Bill could be improved, and I am disappointed that I have not seen much movement from the Government on the improvements that could be made on oversight and additional safeguards. I am also disappointed that consideration is being squashed into a Thursday afternoon to deal with this really important legislation. As the Chair of the Home Affairs Committee and the Chair of the Intelligence and Security Committee said, the timing of this is not helpful at all.

There has been recognition over several years that our intelligence services have needed to come out of the shadows, and the role of oversight and accountability has developed, not least through the role that Parliament has played in the creation of the Intelligence and Security Committee. Over the past few years it has extended its responsibilities and powers. So I join the Chair of the Intelligence and Security Committee and my right hon. Friend the Member for North Durham in supporting new clause 3 in the name of members of that committee, cross-party, to give that further oversight every 12 months of the numbers and categories of authorisations given under the Bill. That would, it seems to me, fit with the role that we already have under the Investigatory Powers Act 2016 in the bulk interception power. Having that on the face of the Bill is really important, because it spells out very clearly that Parliament believes that the role of the ISC is to look at issues like this on behalf of Parliament.

The ISC will only be able to review those agencies that we have responsibility for, so I agree with hon. Members who have raised questions about the oversight of some of those agencies included in the Bill. I wonder where that oversight will come from to make sure that the law is being properly applied—for example, by the Food Standards Agency.

I also add my support for the amendments tabled by the Labour Front Bench in good faith to strengthen the Bill and give independent oversight. We all have an interest in making the Bill as clear and as strong as possible, and I am disappointed that we are so limited in our debate this afternoon. I support amendment 7, which would require the use of a warrant issued by a judge when a criminal authorisation order is required. Having that prior judicial authorisation is right. I support amendments 9 and 10—

[Dan Carden]

That is such a fundamental oversight that is needed. Is the Bill really fit for purpose without it?

[Dame Diana Johnson]

As I said, I support what the Labour Front Bench is doing in making that proposal to the Government and I hope the Minister is able to give us some good news when he responds to the debate at the end of the Committee stage.

Amendments 9 and 10 are very clear on the legitimate and legal activities of trade unions, and that trade unions should be excluded, on the face of the Bill, from any such acts.

[Sir John Hayes (South Holland and The Deepings) (Con)]

Will the hon. Lady give way?

[Dame Diana Johnson]

I will not, because I know other Members want to speak. I need to say just two more things and then I will finish.

Amendment 12, on involving the Investigatory Powers Commissioner within seven days of any criminal conduct authorisation order, is also very welcome, as is new clause 2, on an equality impact assessment.

Finally, I want to pay tribute to the speech made by my hon. Friend the Member for Walthamstow (Stella Creasy) on children and young people. I hope very much that the Minister will address that issue in his closing comments and take up putting the guidance on the face of the Bill, as my hon. Friend suggests.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. I would like to try to get three more speakers in before 3.18 pm. I will just put that out there. As Members know, I cannot put a time limit on, but I think that would be fair.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Diana Johnson Excerpts

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am very pleased to be called this evening to make a short contribution in this Second Reading debate. This is the first opportunity I have had to speak since becoming a member of the Intelligence and Security Committee, and I start by paying tribute to all who work in our security services to protect us and our freedoms from those who do not operate under the rule of law and do not value our freedoms.

We have heard at some length the background for why the Bill is necessary. People who infiltrate criminal or terrorist groups do so at great risk to themselves to provide that unique source of intelligence. We know that many terrorist and serious criminal acts have been thwarted by that information. Innocent lives have been saved, including that of a current Member of this House. Moreover, because of the largely criminal nature of the people under investigation, the individual is sometimes required to participate in criminal activity themselves. It is therefore important that organisations such as MI5 protect those individuals who are putting themselves at such risk by authorising them to carry out criminal acts in certain limited circumstances and with specific safeguards.

The ISC can only comment on the organisations that it oversees: MI5, MI6 and GCHQ. The ISC strongly supports the principle behind the legislation, and we support the use of criminal conduct authorisations by the security and intelligence agencies on the condition that they are properly circumscribed, used only where it is necessary and proportionate, in a way that is compatible with the Human Rights Act and subject to proper scrutiny. As this is a Government Bill, it is for the Minister to make the case for the specific provisions within it and to answer the legitimate questions and challenges of hon. Members, many of which he has faced this evening.

The Intelligence and Security Committee has taken evidence from the police in relation to a number of our past inquiries, so I think the Committee would support their use of the powers. I would, however, like to press the Minister, as other Members have already, on the list of bodies included in the Bill, some of which the Committee does not have oversight of, and for which it is not immediately obvious why they should be given such power.

The Minister talked about the mislabelling of food as an example of why the Food Standards Agency, which has already been raised with him, should be included in the Bill. In the Bill Committee, we will really want to see further information about the kind of cases that the Food Standards Agency would be dealing with that makes it appropriate for it to be in the Bill. The same goes for the Environment Agency, about which my right hon. Friend the Member for North Durham (Mr Jones) has already raised questions. What does the Minister think about other Select Committees having oversight in the areas for which they are responsible—the Environment, Food and Rural Affairs Committee having oversight with regard to the Food Standards Agency and the Environment Agency, for example?

Speaking personally, I would really like the Minister to give full consideration to what the Chair of the Home Affairs Committee and the shadow Home Secretary have said about additional powers to strengthen the oversight of the Investigatory Powers Commissioner. I am pleased that the Minister has already said that he is willing to look at the timing of that oversight, which could be quite important. I would also like to be reassured about the authorisation procedures and the level at which advance authorisations can be signed off within organisations. What level of experience and knowledge would he expect a person to have, and where will that be set out?

I agree with what the hon. Member for The Wrekin (Mark Pritchard) said, and I hope that the Minister will look at giving additional responsibilities to the Intelligence and Security Committee to have oversight of the use of these powers. That could really help with the concerns of parliamentarians about the use of the provisions by ensuring a level of ongoing parliamentary scrutiny. I hope that in Committee we can look at those proposals in detail in order to achieve balanced and workable legislation that safeguards those who put their lives at risk while upholding the rule of law, to which we all subscribe.

Birmingham Attacks and Extinction Rebellion Protests

Diana Johnson Excerpts

Monday 7th September 2020 Commons Chamber

[Kit Malthouse]

I know that my hon. Friend is the genuine voice of his constituents, and he will have received many emails from them on this issue. As I said earlier, the classification of any particular group depends on its conduct in society. Obviously, when a crime is committed, that should be investigated and prosecuted, and punished accordingly.

[Dame Diana Johnson (Kingston upon Hull North) (Lab) [V]]

According to today’s Times, the Prime Minister is considering new powers to prevent newspaper presses from being blockaded, but the Foreign Secretary says that adequate enforcement powers exist already. I wonder whether the Minister can say which he believes is right—or is this a case, as usual, of the Government’s left hand not knowing what their right hand is doing?

[Kit Malthouse]

Even before the events of this weekend, we were keeping the rules and regulations, the law and police powers around protest under constant review. As the hon. Lady will know, the nature of protest has changed quite significantly over the last 15 or 20 years, so she would expect that to happen, and it seems like a perfectly natural thing for us to do.

Intelligence and Security Committee: Russia Report

Diana Johnson Excerpts

Wednesday 22nd July 2020 Commons Chamber

[James Brokenshire]

Like my hon. Friend, I pay tribute to the work of our world-leading and incredible intelligence and security agencies and the steps they take day in, day out to assure our security. We should all be proud and supportive of their actions. My hon. Friend will know that an integrated review and a spending review are ongoing and can be assured of the importance and emphasis we give to our national security. That will be reflected in this process. We will protect and guard our future against the range of threats out there from those looking to undermine this country. We stand firm against that.

[Dame Diana Johnson (Kingston upon Hull North) (Lab) [V]]

For years, when I was campaigning for an infected blood inquiry, I was familiar with the “nothing to see here” response from Whitehall, until it was decided that there was something to see. If a chief constable played down a spate of local muggings because police chose not to investigate, any MP worth their salt would not accept that. It should not be any different when it comes to properly investigating and taking action to protect our national security and democratic institutions from those who wish to subvert those institutions, weaken or divide our country and break up our alliances. Should not any welcome measures taken to strengthen national security be taken in the full knowledge of what those weaknesses are by having an inquiry into Russian interference in 2016?

[James Brokenshire]

Our work is informed by regular assessments by our security and intelligence agencies to ensure that dynamic response, hence the reason we are not persuaded by this call for a separate inquiry. We have seen the ISC report and responded to it, but in defending our democracy, we are vigilant against the threats and challenges. Indeed, we have a defending democracy programme looking at further steps and legislation to underpin that. The hon. Member certainly has the Government’s commitment to standing firm on those issues and to the security work that continues to inform all our actions.

Domestic Abuse Bill

Diana Johnson Excerpts

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We move to a five-minute limit.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

May I start by thanking the Minister for the helpful and courteous way that she has navigated this Bill through the House over the years? I was a member of the draft Bill Committee and then of the Bill Committee that met just before the general election in 2019. I have watched with interest as the Bill has developed and, I am in no doubt, improved. I also thank my own party’s Front-Bench team for their work and the shadow Minister, my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), for her tireless campaigning.

The issue that I want the House to consider today is one that has not been discussed before in all the hours of debate around domestic abuse, and it has arisen out of the covid-19 pandemic and the steps that the Government have taken to ensure that women could access reproductive healthcare services during lockdown. The Government made it very clear that that was going to be a temporary measure and that it would be revoked as soon as possible. Although the Chair of the Women and Equalities Committee chided me in her contribution for tabling new clause 28, I am sure that she will understand that the opportunities to raise these matters are very few and far between and it seems to me that if you don’t go fishing, you don’t catch any fish.

New clause 28 is supported by the Royal College of Obstetricians and Gynaecologists, the Royal College of Midwives, the Faculty of Sexual and Reproductive Healthcare, the British Society of Abortion Care Providers, the British Pregnancy Advisory Service, Marie Stopes, the End Violence Against Women Coalition and Women’s Aid. Hon. Members will be aware that current abortion law restricts the ability of healthcare professionals to provide care to women. The Abortion Act 1967 requires that abortion takes place on licensed premises.

That means that, outside covid regulations, women have to attend a clinic or hospital to administer the first pill as part of an early medical abortion, even if a woman is unable to safely attend a clinic because she is in an abusive relationship.

--- Later in debate ---

[Mrs Miller]

We are dealing with extremely serious issues here, but I have to say that, at times, the passage of this Bill has been a little like the running of the grand national. Whether it is Brexit getting in the way, or general elections, or most recently covid-19, Ministers should get an award for resilience in taking the Bill forward, and we have to make sure that it does not fall at the last hurdle—Becher’s brook, perhaps. We must resist the temptation to make it a Christmas tree Bill—to put in so many things we feel strongly about that the Bill falls, perhaps not in this place but in the other place. My right hon. Friend the Member for Maidenhead (Mrs May) was right to say that we have to make sure the Bill is the best shape it can be.

I am pleased that the Minister listened carefully, not just to Labour Front Benchers, but to the Joint Committee I chaired that looked at the evidence submitted on the first draft of the Bill, and has agreed to make fundamental changes through new clause 15, about including the impact on children of domestic violence; new clauses 16 and 17, responding to recommendations we made about special measures in family court proceedings; and new clause 18, which reflects the Joint Committee’s recommendations on blocking cross-examination of victims by alleged perpetrators. That is important cross-party work, which shows that Joint Committees can add considerable value to the progress of Bills such as this one. I pay tribute to the Ministers for continuing to listen and for acting so swiftly on new clause 20, about rough sex, and to my hon. Friend the Member for Wyre Forest (Mark Garnier), the right hon. and learned Member for Camberwell and Peckham (Ms Harman), and my new hon. Friend the Member for Newbury (Laura Farris) for all their hard work in bringing this to fruition in such a short time.

In common with my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), I believe that, although there is room for changes such as the inclusion of new clause 20, this is not the time to address the issues—the very serious issues—that the hon. Member for Kingston upon Hull North (Dame Diana Johnson) raises in new clause 28. The rushed nature of its drafting leaves us with a clause that is open to great misinterpretation and does not do justice to the hon. Lady’s entirely honourable intentions in raising the issue. I could not support the new clause if she pressed it to a vote, because without the amendments proposed by my hon. Friend the Member for Congleton (Fiona Bruce), there would be a serious risk of exposing some of the most vulnerable members of our society—victims of domestic abuse—to what would be, to all intents and purposes, an unregulated abortion service, which I know is not the hon. Lady’s intention.

[Dame Diana Johnson]

I am a little concerned about what the right hon. Lady just said. We have the Abortion Act 1967 and a plethora of regulations and professional standards, so even with the telemedicine currently in place, it is governed by regulation and legislation. I would not want anyone to think that was not the case.

[Mrs Miller]

I thank the hon. Lady for her intervention, but she would be encouraging people to undertake abortions outside regulated premises. That is not necessarily her intention, but it is how the amendment could be interpreted.



Let me turn to a couple of issues that the Government still need to consider. First, there is the issue of migrant women, which many organisations have raised as a continuing concern. Equally, I am concerned that there is a lack of evidence on which the Government can base a more concrete solution. I am pleased that the Government have announced a £1.5 million fund to support safe accommodation for migrant women, but I am not pleased that it is yet another pilot because pilots have a tendency to go on, and then we have elections and then nothing really changes. Can whoever is summing up for the Government go into a little more detail on that? In Committee, the Minister touched on the use of the national referral mechanism for trafficking victims as a possible concrete route forward. Could that be scaled up to deal with this issue? How would victims access it?

--- Later in debate ---

[Sir John Hayes]

I was not going to deal with new clause 28 because it has been debated at some length, but I simply say to the hon. Member for Kingston upon Hull North (Dame Diana Johnson), who tabled it, and who is a respected and experienced Member of this House, that it was not wise to do so for two reasons: not only because it is imperfectly drawn up, but because, if anything, it takes emphasis away from the main thrust of the Bill, which is to deal with the heinous crime that I have described—

[Dame Diana Johnson]

Will the right hon. Gentleman give way?

[Sir John Hayes]

I will in a second. But more than that, it may even frustrate the very purpose of the Bill by putting vulnerable women, already suffering from the fear that I described, into an even more fearful circumstance. I happily give way to the hon. Lady, who will no doubt put a counter-view.

[Dame Diana Johnson]

I am grateful to the right hon. Gentleman for giving way. I want to make it clear that the new clause was obviously drafted to be perfectly in order—it refers to victims of domestic abuse and the particular circumstances they find themselves in in accessing reproductive healthcare—so I am getting a little frustrated. I hear what hon. Members think about the way the clause is drafted, but it is perfectly in order to put a new clause in the Bill about women who are suffering from domestic abuse.

[Sir John Hayes]

I think there are times and places to have these debates. We take different views, but this is not the time or place to have the debate, and to say more would be to worsen that sin.

I mentioned the research about particular kinds of relationships. The Office for National Statistics research from the year ending March 2019 shows that cohabiting women are almost three times more likely to have suffered domestic abuse than married women or women in civil partnerships. The figures also demonstrated that separated women were significantly more likely to suffer abuse than those in relationships, so there are issues around the connection between abuse and particular family circumstances.

My new clause 3 calls for the Government to look at the character of these crimes and the sentences they attract, with a view to raising the minimum and maximum sentences. Frankly, we ought to be doing that in all kinds of cases, but this crime in particular warrants the Government looking at these things again. I hope that the Government will look at my new clauses. I will not press them because, rather in the spirit that I have just suggested, this is a time for the House to come together in common cause, not to be divided, which is another reason why I am disappointed with new clause 28 and hope that the hon. Lady will have the grace not to press it.

C. S. Lewis said:

“Love is not affectionate feeling, but a steady wish for the loved person’s ultimate good”.

Supporting my new clauses will help do good, as will the Bill.

Covid-19: Support and Accommodation for Asylum Seekers

Diana Johnson Excerpts

Monday 29th June 2020 Commons Chamber

[Chris Philp]

I know that my hon. Friend has done a great deal of work in this area. The best way to make sure that people are safe and secure is to ensure that the situation in their home countries is stable and safe—that there are democratic Governments and the economies prosper. That is ultimately the way to make sure that people are safe and secure, and this Government are committed to doing that.

[Dame Diana Johnson (Kingston upon Hull North) (Lab) [V]]

Hull is a city of sanctuary. For a number of years, I have convened a roundtable of voluntary and statutory agencies to look at issues around asylum and refugees in the city, including, before covid-19, the use of hotels. One of the issues raised about housing asylum seekers in hotels with no financial support is that if they need an aspirin or a plaster, they end up going to A&E at the local hospital because they do not have the money to buy these everyday essentials. Surely that cannot be right and it is not in the interests of anybody to have those asylum seekers in our A&Es. Will the Minister look into this?

[Chris Philp]

Hotel accommodation is obviously not the preferred way to accommodate asylum seekers. I am speaking from memory, but I think that, prior to coronavirus, fewer than 1,000 people were accommodated in hotels, so less than 2% of the total. As I said, we are looking to unwind the hotel accommodation as quickly as logistics allow. In relation to the provision of basic things like plasters, there are typically welfare officers on hand in these hotels. I will investigate whether they have those sort of supplies available, because the hon. Lady is certainly right that those things should be available in the hotels.

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

Diana Johnson Excerpts

Committee stage & Committee Debate: 7th sitting: House of Commons
Thursday 18th June 2020 Public Bill Committees

[Holly Lynch]

I am grateful for that intervention and I welcome the point made by the right hon. Member for Scarborough and Whitby—

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

That was us.

[Holly Lynch]

Further to my hon. Friend’s correction, James Porter was keen to stress that that has been a helpful intervention to improve standards for workers. I hope that the hon. Gentleman agrees that there is still much more to do to ensure that we are looking after these workers.

--- Later in debate ---

[Stuart C. McDonald]

I am grateful to the Minister, and I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 41

Children in care and children entitled to care leaving support: Entitlement to remain

‘(1) Any child who has their right of free movement removed by the provisions contained in this Act, and who are in the care of a local authority, or entitled to care leaving support, shall, by virtue of this provision, be deemed to have and be granted automatic Indefinite Leave to Remain within the United Kingdom under the EU Settlement Scheme.

(2) The Secretary of State must, for purposes of subsection (1), issue guidance to local authorities in England, Scotland, Wales and Norther Ireland setting out their duty to identify the children of EEA and Swiss nationals in their care or entitled to care leaving support.

(3) Before issuing guidance under this section the Secretary of State must consult—

(a) the relevant Scottish Minister;

(b) the relevant Welsh Minister; and

(c) the relevant Northern Ireland Minister

(4) The Secretary of State must make arrangements to ensure that personal data relating to nationality processed by local authorities for purposes of identification under subsection (1) is used solely for this purpose and no further immigration control purpose.

(5) Any child subject to subsection (1) who is identified and granted status after the deadline of EU Settlement Scheme (“the Scheme”) will be deemed to have had such status and all rights associated with the status from the time of the Scheme deadline.

(6) This section comes into force upon the commencement of this Act and remains in effect for 5 years after the deadline of the EU Settlement Scheme.

(7) For purposes of this section, “children in the care of the local authority” are defined as children receiving care under any of the following—

(a) section 20 of the Children Act 1989 (Provision of accommodation for children: general);

(b) section 31 of the Children Act 1989 (Care and Supervision);

(c) section 75 Social Services and Well-being (Wales) Act 2014 (General duty of local authority to secure sufficient accommodation for looked after children);

(d) section 25 of the Children (Scotland) Act 1995 (Provision of accommodation for children);

(e) Article 25 of the Children (Northern Ireland) Order 1995 (Interpretation); and

(f) Article 50 Children of the (Northern Ireland) Order 1995 (Care orders and supervision orders).

(8) For the purposes of this section, “children entitled to care leaving support” means a child receiving support under any of the following—

(a) paragraph 19B of Schedule 2 Children Act 1989 (Preparation for ceasing to be looked after);

(b) s.23A(2) Children Act 1989 (The responsible authority and relevant children);

(c) s.23C(1) Children Act 1989 (Continuing functions in respect of former relevant children);

(d) section 104 of the Social Services and Well-being (Wales) Act 2014 (Young people entitled to support under sections 105 to 115);

(e) sections 29-30 Children (Scotland) Act 1995 (Advice and assistance for young persons formerly looked after by local authorities) as amended by s.66 Children and Young People (Scotland) Act 2014 (Provision of aftercare to young people); and

(f) Article 35(2) Children (Northern Ireland) Order 1995 (Persons qualifying for advice and assistance.).’—(Dame Diana Johnson.)

This new clause aims to ensure that the children of EEA and Swiss nationals who are in care, and those who are entitled to care leaving support, are granted automatic Indefinite Leave to Remain under the EU Settlement Scheme to ensure they do not become undocumented.

Brought up, and read the First time.

[Dame Diana Johnson]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss new clause 58—Settled status: children in care—

‘(1) Any child who has their right of free movement removed by the provisions contained in this Act has the right of settled status in the United Kingdom if that child is in care, is subject to the public law outline process via a declaratory system, undertaken on the child’s behalf by the Local Authority whose care they are under, or is entitled to care leaving support.

(2) For the purposes of this section, “a child in care” means a child who is under 18 and is—

(a) living with foster parents;

(b) living in a residential children’s home; or

(c) living in a residential setting like a school or secure unit.”

(3) For the purposes of this section, “public law outline process” is as set out under Family Court practice direction 12A of 2004.

(4) For the purposes of this section, “children entitled to care leaving support” means a child receiving support under any of the following—

(a) paragraph 19B of Schedule 2 Children Act 1989 (Preparation for ceasing to be looked after);

(b) s.23A(2) Children Act 1989 (The responsible authority and relevant children);

(c) s.23C(1) Children Act 1989 (Continuing functions in respect of former relevant children);

(d) section 104 of the Social Services and Well-being (Wales) Act 2014 (Young people entitled to support under sections 105 to 115);

(e) sections 29-30 Children (Scotland) Act 1995 (Advice and assistance for young persons formerly looked after by local authorities) as amended by s.66 Children and Young People (Scotland) Act 2014 (Provision of aftercare to young people); and

(f) Article 35(2) Children (Northern Ireland) Order 1995 (Persons qualifying for advice and assistance).’

This new clause would seek to provide automatic settled status for all looked after children in the care of local authorities and for children entitled to care leaving support, removing the requirement on the local authority to make an application to the EU Settlement Scheme on that child’s behalf.

[Dame Diana Johnson]

It is a pleasure to serve under your chairmanship, Sir Edward. New clause 41 is a cross-party amendment tabled by the hon. Member for East Worthing and Shoreham (Tim Loughton), who is respected particularly for his knowledge and expertise on children in care, having formerly been the Minister for Children. The Chair of the Home Affairs Committee has also added her name to the new clause, so I am sure the Minister will want to give it his usual careful consideration. I also support new clause 58, tabled by my hon. Friends on the Opposition Front Bench.

This Bill focuses on bringing an end to freedom of movement, but the system for dealing with those who arrive before 31 December 2020 is far from problem-free. New clause 41 deals with looked-after children and care leavers. The Minister is well aware of the concerns about that group. I want to stress at the outset that every Member of this House, as an elected representative, has a role as corporate parent to those children, and it is our duty to ensure that every single one is able to secure permanent immigration status.

The Home Office has estimated that there are 5,000 looked-after children and 4,000 care leavers in the United Kingdom who would need to apply to regularise their immigration status before the end of the transition period. That figure is likely to have increased, as more children entered care this year, and it is just an estimate, because local authorities do not ordinarily collect the nationality data of children in their care. A recent analysis by the Children’s Society found that, as of January 2020, 153 out of 211 local authorities across the United Kingdom had identified just 3,612 EU, EEA or Swiss looked-after children and care leavers. Only 404—11%—of those young people have settled their status. It is unlikely that many more applications have been made in the past few months; owing to coronavirus, it is not a priority for busy local authorities. We also know that helplines to assist with applications have been closed or are operating a reduced service.

I know the Government are concerned about that issue and have conducted their own survey to get a better understanding of the number of looked-after children who need to apply to the scheme, but that information has never been published. It would be interesting if the Minister agreed to publish the Home Office’s data. We have yet to receive reassurance from the Minister that sufficient work is under way to regularise the immigration status of those children before the EU settlement scheme deadline. Why is the application rate so much lower for those vulnerable children? Like any children, looked-after children and care leavers need the help of their parents, and it is the local authority that is responsible for their care and for making the application to the EU settlement scheme.

Local authorities first need to identify which children in their care have an EU nationality. That can be problematic, as many children who have entered care at a young age do not know their or their parents’ nationalities. They may have no passport or birth certificate, and the local authority’s engagement can be difficult or non-existent. The children see themselves as British, as they have often not known any other home. The responsibility of identification and application has fallen on social workers, many of whom have stretched caseloads and do not have the expertise or legal knowledge to deal with these issues, particularly if they begin to encounter problems in the process.

It is worth reflecting on the fact that, outside this scheme, it is prohibited for social workers to give immigration advice. During the pilot phase of the EUSS, every application that the Coram Children’s Legal Centre made on behalf of a child in care or care leaver included detailed nationality advice, which requires expert legal knowledge and understanding. Social workers had to be supported at every stage of the process.

I am aware that the Government produced non-statutory guidance to local authorities on the EUSS, regarding their roles and responsibilities. As recently as April, they reminded local authorities of that responsibility. However, many local authorities still seem to be unaware of the existence of that guidance or their responsibilities under it. Even before we come to the issue of rates of application and status received, there is an issue of oversight. How many children are we talking about, and who is making the applications for them?

I have already briefly referred to the problems with applying. There is difficulty acquiring nationality documents and evidencing the length of residence in the UK. Social workers have to spend their time chasing various European embassies to acquire the appropriate paperwork. Right now, when so many embassies and services are shut, that is proving difficult. The previous Immigration Minister stated that the group could apply with alternative documentation, but operating a system of discretion can be very dangerous, and often has the opposite effect. It requires children to receive a significant amount of additional extra support.

Of course, local authorities are very stretched. They have limited resources and do not have the legal immigration expertise to handle complex cases that arise for children in their care and care leavers. The risk is compounded by the covid-19 pandemic. The Home Office has stated that children who do not apply because their parent or guardian did not submit an application on their behalf can submit a late application. That includes children in care and care leavers. However, there has not been a formal policy statement to that effect. In any case, I am sure the Government would rather act to prevent a child in their care becoming undocumented than rectify mistakes after they were made.