Immigration Detention: Victims of Modern Slavery

Debate between Diane Abbott and Caroline Nokes

Wednesday 17th July 2019 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab) (Urgent Question)]

To ask the Secretary of State for the Home Department if he will make a statement on immigration detention and victims of modern slavery.

[The Minister for Immigration (Caroline Nokes)]

Modern slavery is an abhorrent crime, and the Government are determined to stamp it out. In my role as Immigration Minister, I am especially aware of the shocking exploitation of vulnerable individuals from overseas who are duped by the promise of a better life in the UK, only to be trafficked and sold into modern slavery. Identifying and protecting victims of such crimes is a priority. In October 2017, we announced an ambitious package of reforms to the national referral mechanism. As well as improving the support on offer, these reforms are intended to provide quicker and more certain decision making, in which victims can have confidence.

I must make it clear, however, that being recognised as a victim of modern slavery does not automatically result in being granted immigration status in the UK. There may be victims of modern slavery who have no lawful basis to remain and for whom support is available to leave the UK voluntarily. It is important that we recognise the important role of our immigration policies. Although we are committed to supporting individuals to leave voluntarily, including with reintegration support, there may be occasions when they have exhausted all options and are refusing to leave, and we are faced with the difficult decision of detaining people to secure their return.

I want to reassure the House that we do not take these decisions lightly, but it may be necessary to detain individuals, even if they are vulnerable, to effect their removal. When that is the case, we seek to keep the period of detention as short as possible and place their welfare and safeguarding at the heart of what we do. The Home Secretary made clear his commitment to going further and faster with reforms to immigration detention, including by reducing the number of people we detain, increasing the number of voluntary returns and working with partners on alternatives to detention. We have made real progress in delivering these commitments. A number of women who would otherwise have been detained are now being managed in the community. Other pilots will begin later this year.

As we approach the first anniversary of Stephen Shaw’s second independent review of immigration detention, it is important to take stock of how far we have come, while acknowledging that there is much more to do to ensure that our approach to immigration detention is fair and humane.

[Ms Abbott]

Thank you, Mr Speaker, for granting this urgent question. On 19 June this year, the Immigration Minister provided a written answer on the possible immigration detention of persons who are in fact victims of slavery. The written answer read as follows:

“there is no central record”

of such persons, and

“The Home Office therefore does not collate or publish the data requested”.

However, we now learn from a freedom of information request by The Independent that that is not the case: 500 victims of enslavement or trafficking were held in immigration detention. I have myself visited Yarl’s Wood detention centre and met such persons.

In response to an earlier written question on 20 December last year, the Immigration Minister said:

“in cases in which it has been found that there are reasonable grounds to believe that an individual may be a victim of trafficking or modern slavery, the appropriateness of their being detained, or of their detention continuing, is governed by the Home Office’s modern slavery policy. This means that such individuals will not be detained”.

How many people who are victims of trafficking or modern slavery have been held in previous years? How many such people are currently held? Are the Government not in breach of their own stated policy on detention? How many of the 400 detainees were assessed as being a threat to public order and on what grounds? Does the Minister accept that when she responded to the written question saying that no data was available, she was in fact misleading the House?

[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.

Oral Answers to Questions

Debate between Diane Abbott and Caroline Nokes

Monday 10th June 2019 Commons Chamber

[Caroline Nokes]

It is important to reflect that roughly half the individuals affected by Windrush had a negative impact pre-2010 under the previous Labour Government. We are determined to put right all those wrongs and ensure that wherever people have come from—people from a wide variety of countries, not simply the Caribbean, have made contact with the Windrush taskforce—they are given the support to go through the process of getting the documentation they need. Well over 4,000 people have secured British citizenship as a result, and over 6,000 people have the documentation they need to prove their right to stay in the UK.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The Minister has to begin to acknowledge communities’ grave concerns about the Windrush compensation scheme as it stands. They think that it is not working. She also needs to bear in mind that this is an ageing cohort, who will probably need more support on average than a cohort that is more mixed in age. The Home Secretary told the House in April last year that we

“will do whatever it takes to put it right”.

He continued:

“We have made it clear that a Commonwealth citizen who has remained in the UK since 1973 will be eligible to get the legal status that they deserve: British citizenship.”—[Official Report, 30 April 2018; Vol. 640, c. 35.]

What progress has been made on those promises?

Will the Minister reconsider some of the worst aspects of the current scheme? It will currently not compensate those who may have been wrongly deported. I quote from the document:

“It is difficult to determine whether inability to return to the UK is a loss”.

Of course someone being deprived of their home, job, family and community is a loss. How can Ministers say that it is “difficult to determine” whether there is a loss?

[Caroline Nokes]

I thank the right hon. Lady for her question. It is absolutely because we acknowledge that people have been wronged that, in the last week, I personally have attended two separate outreach events for people who wish to understand the compensation scheme. It is why there are dedicated helplines. It is why we have put in place the scheme with Citizens Advice, so that it can provide advice. I reiterate that 6,470 individuals have been granted some form of documentation and 4,281 have been granted citizenship. As I said, there are 13 different heads of claim, including not only deportation, but loss of ability to work, loss of benefits and so on. We are absolutely determined to make sure that we compensate the individuals affected in a timely manner.

Illegal Seaborne Migration

Debate between Diane Abbott and Caroline Nokes

Tuesday 4th June 2019 Commons Chamber

[Caroline Nokes]

I am sorry, Mr Speaker, but this might be a somewhat lengthy response. I reassure my hon. Friend that gold command still meets on a weekly basis and continues to do so, because we have always been conscious that the summer months may well bring better weather that would further incentivise people to make what is an incredibly risky journey.

My hon. Friend talked about Dublin returns, but I am very conscious that in many cases, these people have fallen prey to organised crime gangs. Their journey through Europe is incredibly rapid. There is very little evidence of them being in any camps around the Calais area before they seek to make a crossing, and there is simply no hit on the Eurodac system to demonstrate that they have been in another EU country before they arrive here. Under those circumstances, one cannot use the Dublin regulation to return them because they have simply not been recorded in another EU member state. More returns are in the pipeline—there have been 30 so far. We continue to work with not just EU member states but countries of origin to make sure that we can make progress in returning people to their home country.

My hon. Friend said that surveillance equipment and resources provided to the French were not doing the job and were cosmetic, but far from it. We have provided significant surveillance equipment, including drones, night vision goggles and high-powered wharf lights, to enable the French to redouble their efforts on the beaches. It is important to reflect that the coastline is very long—120 km—and has many sandy beaches and small tracks that enable vehicular access.

The French disrupt about 40% of attempted crossings before they leave the beaches, which is absolutely where the disruption should be taking place; it should not be taking place in the middle of the channel, which is incredibly hazardous for the lifeboat crews, the Border Force cutters, the coastguard and the migrants themselves, who put themselves at incredible risk. We will continue to use our best endeavours to deny the crossings the opportunity to launch, because once they are mid-channel, it must be about preserving life. I do not want to see in the English channel repeats of the scenes in the Aegean, where people have lost their lives in significant numbers, so I make no apologies for making sure that the efforts in the channel are about rescue.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

I query the framing of the urgent question, which talks about “illegal seaborne migration”. We cannot know whether these people are genuine refugees until we have had the opportunity to examine their cases. I am glad the Minister mentioned the risk to life in the busiest sea lane in the world. We all agree that it is tragic that these men and women are the victims of organised crime and people traffickers. I have visited Calais, and although many of these people do not come directly from there, the people one meets in and around Calais are hugely exploited and vulnerable, and Members should show a bit more concern for the risk to life and the vulnerability of these persons.

We need to be careful not to be unduly alarmist. We are not being invaded. There is no comparison to D-day, or whatever flights of imagination some of our media resort to. When the issue of asylum seekers crossing the channel last arose, back in February, the Home Secretary was roundly criticised for his comments. He questioned whether the people apprehended were genuine refugees, and he added:

“If you somehow do make it to the UK, we will do everything we can to make sure you are ultimately not successful because we need to break the link”.

That is not correct. It does not conform to international law. As I said, no one can possibly know whether every one of these cases is not a genuine claim for asylum. That decision must await the application itself and its examination. What the Home Secretary should have said is that we will do everything to uphold the law, and that means not making assumptions about the people crossing the channel but examining all applications impartially, granting asylum where it is justified and denying it where it is not. Each application must be judged on its individual merit, irrespective of how that person reached this country. That is the law. As I said, I query the framing of the urgent question. The Minister seemed to accept it. Does she accept that she cannot be sure—that no one in the Chamber can be sure—whether the people arriving here are doing so illegally until their cases have been examined?

On the wider issue of migration and asylum seekers, commentators and some Members appear to believe that more naval patrols can resolve the issue. That has been tried and has failed spectacularly and tragically. The mere existence of a naval patrol will not deter desperate people. According to the Missing Migrants Project, there have been 543 deaths in the Mediterranean this year alone. A maritime policing approach—let alone just turning back people who might be in British waters—does not work. It is a stain on our humanity and is shameful.

I am sure that the majority of Members understand that these deaths are terrible and unacceptable and that we should do everything we can to reduce their number. The Opposition support the right policies—the legal policies: policies that work, preserve our humanity and uphold human dignity, wherever people are from and however they came to this country. We have long supported the policy that works: the establishment of legal routes for asylum seekers and refugees. This is what all responsible stakeholders propose and meets our obligations under international law. We cannot assume that because of the way in which someone enters the country, that person is necessarily an illegal migrant. We should not dismiss the risk to the lives of people who, as I have said, are crossing one of the busiest sea channels in the world. We want to arrive at a sustainable solution that does not involve suspicion of people because of the way in which they cross the channel, and that means each case is dealt with on its merits.

This is a difficult situation, not least for the people who are so frightened, so desperate and so exploited that they seek to make the crossing in unseaworthy craft. However, we do not want to hear more reactionary grandstanding.

[Caroline Nokes]

I hope the right hon. Lady is content that she has not heard reactionary grandstanding from me this afternoon, and that I have sought to focus on the efforts that are being made to save the lives of—she used this term herself—exceptionally vulnerable people, who are vulnerable before they take to the water in small and unsuitable craft, and much more vulnerable once they are in the midst of a very busy shipping lane. I hope I can reassure her that members of this cohort are treated no differently from others on receipt of their asylum claims. We study them in relation to our convention obligations under the human rights charter and, of course, EU regulations and directives.

When we have ascertained that Eurodac hits show that people have previously claimed asylum in another country, we will, of course, seek to return them under the Dublin regulation. As I have said, there have been 30 such cases so far, and there are many more in the pipeline. But the important point, which the right hon. Lady also emphasised, is that these are people in a vulnerable position, and it is absolutely our duty under maritime law to ensure that they are safe at sea.

Windrush Compensation Scheme

Debate between Diane Abbott and Caroline Nokes

Tuesday 9th April 2019 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

I congratulate my right hon. Friend the Member for Tottenham (Mr Lammy) on securing this important urgent question.

The whole House knows that the Windrush generation was let down by successive Governments, Labour and Conservative, but with this derisory compensation scheme, the Windrush generation has been let down once again. I draw it to the attention of the House that although I did get early sight of the Home Secretary’s statement on 3 April, I was not provided with early sight of the scheme rules, and I appreciate the opportunity to question the Minister on them today.

This scheme compares very unfavourably with the criminal injuries compensation scheme, whose awards are aligned with compensation for loss under common law. Claimants are also allowed a statutory right of appeal of awards. They are also allowed legal aid for those appeals. None of that is true in any meaningful sense in the case of the Windrush victims. How can the Minister possibly justify that?

The Opposition believe that the Home Office must pay for losses actually incurred. For instance, claimants will be paid just £1,264 for denial of access to child benefit. It is easy to quantify what people would have lost altogether. Why cannot they get that exact sum of money back, plus interest? There is only £500 for denial of access to free healthcare. It is easy to quantify how much people had to spend when they had to access private healthcare. Why cannot they get that money back?

On awards, the scheme provides compensation for detention. However, in the false imprisonment case of Sapkota v. Secretary of State for the Home Department, the courts upheld three common law principles. First, detention is more traumatic for a person of good character. Secondly, a higher rate of compensation is payable for the first hour. Thirdly, historic damages awarded in precedent cases must be adjusted and uplifted to present-day values. The deputy High Court judge in that case awarded Mr Sapkota £24,000. This proposed scheme provides nothing like those common law damages.

The amounts offered for wrongful denial of access to higher education are pitiful. The scheme offers just £500, but all the research shows that the lifetime benefit of access to higher education is counted in tens of thousands, if not hundreds of thousands, of pounds.

This scheme is shoddy, unfair and unjust. Ministers did not make all the information available to Her Majesty’s Opposition when we were able to respond to the scheme. Some might say—I will not say it—that Ministers were attempting to conceal the reality of the derisory nature of their scheme. Above all, the Home Secretary said there was no cap. These tariffs are a cap. We are asking Ministers, even at this late stage, to review these unfair tariffs, remove the cap, and give this generation the justice they deserve.

[Caroline Nokes]

I thank the right hon. Lady for her comments, but given that the rules and guidance were published on the same day as the Home Secretary made the statement, it is somewhat unfair to suggest any attempt to conceal the scheme. Far from it: we have sought to publicise the scheme and to reach out to posts across the world with a selection of communication tools, and we invited high commissioners into the Home Office last Thursday to emphasise the scheme to them.

I will comment briefly on the published Home Office ex gratia scheme that was already in place and to which the Home Office and Martin Forde referred when considering this scheme. The ex gratia scheme provides a maximum £1,000 for someone who has been wrongfully deported. In arriving at the £10,000 figure for deportation, the Government considered that alongside the case law evidence of courts awarding a range of damages subject to individual case details. We regarded £10,000 as a more appropriate figure than the £1,000 in the existing scheme, which has been in place for many years.

The right hon. Lady mentioned the scheme of review. We have put in place a two-tier review: first, an internal review, whereby someone who is not content with the original decision can have it referred to a senior caseworker who was not involved in the original decision; and, secondly, independent of the Home Office, another tier of review will be considered by Her Majesty’s Revenue and Customs independent adjudicator.

With regard to caps on payments, this scheme is both tariff and actuals-based. The right hon. Lady raised the issue of those who might have been denied NHS care, where the tariff scheme involves an award of £500. However, if an individual incurred private healthcare costs, the actuals will of course be repaid. The Home Office is determined to work with its own information and with data held by other Departments and indeed by individuals more widely, so that we help claimants to establish their actual level of loss, where that is the most appropriate route.

European Union (Withdrawal) Act

Debate between Diane Abbott and Caroline Nokes

Friday 11th January 2019 Commons Chamber

[Ms Abbott]

I am glad that the hon. Gentleman is keeping up with his casework. However, if he talked to organisations that represent EU nationals as a whole and to lawyers nationally who deal with these issues, he would know that there is still too much that is not resolved—above all, the capacity of the immigration and nationality directorate to process over 3 million EU nationals effectively.

[The Minister for Immigration (Caroline Nokes)]

I want to reassure the right hon. Lady on this. As she will know, the EU settled status scheme has been in its pilot beta testing. We have completed both phase 1 and phase 2, and phase 3 will open on 21 January. That is absolutely because we want to make sure that it works for these individuals and that we can give them the reassurance they need before we require to have the system open. In every major IT programme, as she will know only too well, it is much better to go through a testing process than to launch it straightaway. I want to reassure her, in case she had missed it, that that is exactly what we are doing.

[Ms Abbott]

I am aware of the testing process. I am aware of the issues that have arisen. I am also aware that the testing process has involved people who are volunteers taking part. The challenge will arise when the mass of EU migrants choose to go through that process. I will remind the right hon. Lady, in the months to come, about her complacency about her system.

Leaving the EU: Rights of EU Citizens

Debate between Diane Abbott and Caroline Nokes

Monday 5th November 2018 Commons Chamber

[Caroline Nokes]

My right hon. Friend is right to point out the high numbers of EU citizens in her constituency and indeed employers’ reliance upon them. That is why it is important that we have a reasonable and sensible transition period that gives us time to make sure that any new immigration system sets out the requirements very clearly so that there can be certainty for individuals, and indeed for employers.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Is the Minister aware of the very real distress that this confusion over policy, which the Home Office had to correct, has caused to over 3.5 million EU citizens resident in this country—and not just to them, but to their families, dependents and employers? On a related matter, does the Minister remember her reply to a written question in June when she said that providing DNA evidence would be entirely voluntary? Yet the Home Secretary recently had to come before the House and correct that and apologise for the immigration and nationality department imposing mandatory DNA testing. So does the Minister accept that as we move towards leaving the EU this type of confusion over policy is simply not acceptable? It is not just the good faith of Government that she is calling into question, but it is people’s lives that we are playing with. Finally, does the Minister accept that it is simply not good enough to come before this House and talk about further information being provided in due course? There are five months to go and the clock is ticking, and we want no further confusions of this nature.

[Caroline Nokes]

The right hon. Lady will of course know that the full Alcock report is in the House of Commons Library and it sets out very clearly the information regarding the parliamentary question to which she has referred. She also referred to the 3.5 million citizens already in this country: the Prime Minister, the Home Secretary, the Brexit Secretary and indeed myself have been very clear that we want those people to stay, and by opening the EU settled status scheme, which we have done now in private beta testing phase 2, we are already putting in place steps that have enabled in the region of 1,000 people to confirm their status.

Windrush

Debate between Diane Abbott and Caroline Nokes

Tuesday 4th September 2018 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on the Government’s policy on Windrush.

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure to be back, Mr Speaker.

The Home Secretary has been very clear both that the Government deeply regret what has happened over decades to some of the Windrush generation and that we are determined to put it right. The Home Secretary laid a written statement in the House on 24 May to establish the Windrush scheme, which ensures that members of the Windrush generation, their children born in the UK and those who arrived in the UK as minors and others who have been in the United Kingdom for a long period of time will be able to obtain the documents to confirm their status and, in appropriate cases, obtain British citizenship free of charge.

The last update on our historical review of removals and detentions was presented to the Home Affairs Committee on 21 August. The Home Secretary has written to apologise in the case of 18 people whom we have identified are most likely to have suffered detriment as a result of Government action. To the end of July, 2,272 people have been helped by the taskforce to get the documentation they need to prove their existing right to be in the UK under the initial arrangements put in place prior to the establishment of the Windrush scheme, and 1,465 people have also been granted citizenship or documentation to prove their status under the formal Windrush scheme. The taskforce is also working to help eligible individuals return to the UK.

The Home Secretary has announced a compensation scheme for those who have been affected as a result of not being able to demonstrate their status. The public consultation for that scheme was launched on 19 July and will run to 11 October. The Home Office is using a range of channels to engage with those who have been affected and to encourage people to respond to the consultation. We will announce details of the final scheme and how to apply as soon as possible after the consultation has ended.

Finally, the Home Secretary has commissioned a lessons learned review, to identify how members of the Windrush generation came to be entangled in measures designed for illegal immigrants. He has been clear that the lessons learned review requires independent oversight and scrutiny and has appointed Wendy Williams as independent adviser to the review. I know that, across the House, we are united in our determination to deal with the problems faced by people of the Windrush generation. I therefore hope we can take a cross-party approach which recognises that the most important thing we can do is ensure the wrongs that some have faced are put right.

[Ms Abbott]

Thank you for granting this urgent question, Mr Speaker.

Ministers might have thought that they had drawn a line under the Windrush scandal, but it continues to throw up new horrors. This summer I was in the Caribbean, and Ministers should not underestimate the concern that the Windrush issue has caused throughout the Commonwealth. We are preparing to leave the EU. At a time when we should be strengthening our trading links with Commonwealth partners in Africa, the Caribbean and south Asia, are Ministers aware of how much damage the Windrush scandal has caused?

Now we have learnt that three citizens have died in Jamaica after having been wrongfully deported from this country. This is something that ought to shame Ministers. Worse, we did not learn this from our own Government. This intelligence comes from Her Excellency the Foreign Minister for Jamaica, Kamina Johnson-Smith. Left to this Government’s own devices, we might never have learnt of those deaths.

The Government have been dilatory in fulfilling their repeated verbal commitments to find out who the victims are of this scandal and what they will do to correct it. Instead, we have the Home Secretary making an apology to just 18 of the victims identified who have been wrongly detained or deported. This is despite the fact that the Government themselves have identified 164 such victims. Were any of the three victims now deceased who have been identified by Jamaican Ministers included in the Government’s list of 164? If they were, what was done to try to remedy the situation before the deaths? If not, we are entitled to believe that the Government’s list of 164 is of little value, with gaping holes in its information.

The Home Secretary’s apology to the 18 is welcome. A sincere apology is long overdue, but why only these 18, when the Government have identified many, many more cases? What is the basis of the apology? Does it include an assurance to address the hardship being caused here and now, or will the 18 have to wait like everyone else until the Government finalise their compensation scheme?

We learned from newspaper reports that the Government are losing the majority of their appeals in immigration cases. They are still trying to deport thousands of people who are entitled to be here. The Windrush scandal lives, even while some of its victims have died. This scandal is due to the Government’s hostile environment policy, which is supported by the entire Government, including the Home Secretary, who has tried to rebrand it. Ministers need to abandon the hostile environment policy. Unless and until they do, the reek of the Windrush scandal will forever be associated with the Home Secretary and this Government, not just here in Britain but throughout the Commonwealth.

[Caroline Nokes]

I was delighted to hear the right hon. Lady refer to the importance of reaching out to different parts of the world in a post-Brexit scenario. She will be aware, as I am, of the work the Prime Minister has done in Africa over the past few weeks. I agree that it is important that we foster relations right around the globe, which is why we have been extremely proactive in working with high commissioners across the Caribbean to make sure that the 164 people identified so far as part of our review are proactively contacted and that we can, as I said earlier, put right the wrongs that have been done to the Windrush generation.

The former Home Secretary and the current Home Secretary have been clear in their apologies to the Windrush generation, and those have been sincere and heartfelt. However, I would point out to the right hon. Lady that there have been policies under successive Governments to make sure that those who have the right to be here are able to access benefits, employment and services, but those who do not are correctly identified by a series of compliant-environment policies. The right hon. Lady speaks as if those policies were begun by this Government, but in fact right-to-work checks commenced in 1997, controls on benefits in 1999, controls on social care in 2002, and civil penalties for employers of illegal workers in 2008.

It is notable, as I said right at the beginning of my statement, that people from the Windrush generation who have had wrong done to them, for which we have apologised and will continue to apologise, have been affected over decades. The right hon. Lady might like to reflect that, of the 164 individuals identified so far by the review, in the region of half were impacted prior to 2010.

Oral Answers to Questions

Debate between Diane Abbott and Caroline Nokes

Monday 16th July 2018 Commons Chamber

[Caroline Nokes]

There is of course a mixture of resources. As we heard from my right hon. Friend the Home Secretary, the fees that are levied for the UKVI service make a contribution towards the cost of that service and towards the wider border costs in general. It is important that we have the right number of staff and that they work efficiently, and we are taking steps to ensure that that is the case.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Is the Minister aware that delays in responding are one of the biggest problems for the public, for business and for Members of Parliament trying to help their constituents? I have innumerable such cases, including that of Ms Rettie Grace Downer, who submitted an application for further leave in 2005 and whose application is still outstanding 13 years later. Does she recognise the danger of sounding complacent on this issue, and what will she do to further bear down on these unacceptable delays?

[Caroline Nokes]

Although I cannot comment on individual cases, the right hon. Lady has, of course, pointed to a case that was started in 2005 under a previous Labour Administration. I am sure that she will be pleased to hear—[Interruption.] She can shout at me from a sedentary position, but I am sure that she will be pleased to hear that, at a recent away day for border and immigration staff, I made it very clear that one of my highest priorities is making sure that responses to Members of Parliament and the public are of the highest priority so that we see prompt responses.

Immigration: Pausing the Hostile Environment

Debate between Diane Abbott and Caroline Nokes

Thursday 12th July 2018 Commons Chamber

[Caroline Nokes]

I thank my right hon. Friend for his question. He and the right hon. Member for Tottenham (Mr Lammy) have been right to pay tribute to the immigrants who have come to this country and contributed so much to our society and way of life, giving us the multicultural Britain that we enjoy today. However, my right hon. Friend is right to point out that this Government continue to be determined to take action against people who are here illegally, and the suite of measures that enables us to do that remains in place.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The Opposition welcome the limited measures that have been announced, including the temporary end to data sharing and further advice for employers and landlords. However, I have met with a number of members of the Windrush generation who have been caught up in the Government’s net, both at meetings that I have organised and at meetings organised by my right hon. Friend the Member for Tottenham (Mr Lammy), and Ministers do not understand that many of them have got into considerable debt because they did not get the benefits to which they are entitled and found themselves paying for medical treatment.

If the Government are serious about at least helping the Windrush generation, I urge them to look again at setting up a hardship fund. After all, we are talking about people in their 60s and over who have had to borrow or be lent money by relatives. If the Government want to be seen to be acting in good faith, they must review their decision not to have a proper hardship fund and set one up as a matter of urgency.

I welcome the limited measures announced, but the Opposition believe that there needs to be a total review of the hostile environment. I am not pretending that some elements of it—particularly in relation to the NHS—were not introduced by a Labour Government, but, unless we review it in total, the Windrush generation will not be the end of it in terms of unfairness and cruelty. We have to review it and see what is necessary to stop people abusing public services, but take out those elements that have caused so much misery to people who are actually British citizens. Ministers have to understand that this will not stop with the current cohort of largely West Indians. As time goes on, there will be cohorts from all over the Commonwealth, including south Asia and west Africa, caught up in the net of the hostile environment.

Finally, I repeat my request for more information: figures on deportations, on Windrush generation persons in immigration detention and on members of the Windrush generation who went back to the Caribbean—for a funeral or a holiday—and then were refused re-entry. Until we have the figures and the Minister sets up a proper hardship fund, members of the Windrush generation will be entitled to think that this is words, not action.

[Caroline Nokes]

As the right hon. Lady will know, Martin Forde QC has been appointed as the independent adviser to the compensation scheme. His call for evidence has closed and has greatly informed the shape of the consultation, which will be forthcoming very soon. She raised the compliant environment controls, which have been introduced over many years: right to work checks in 1997; controls on benefits in 1999 and on social care in 2002; civil penalties for employers of illegal workers in 2008; and more recent measures, including on the private rented sector, bank accounts and driving licences in the Immigration Acts of 2014 and 2016.

The right hon. Lady raised the issue of people who have been in detention and those who may have been removed from the country. The Home Secretary provided information when he appeared before the Home Affairs Select Committee and confirmed that current indications were that 63 people had been removed, but those figures are subject to the independent oversight that we will put in place in due course, and that will of course be properly independent. As I said in my answer to the right hon. Member for Tottenham (Mr Lammy), we will not come forward with the numbers of people detained until we are confident, through the manual review of all cases, that we have the right numbers.

UK Passport Contract

Debate between Diane Abbott and Caroline Nokes

Monday 26th March 2018 Commons Chamber

[Caroline Nokes]

I very much appreciate my right hon. and learned Friend’s contribution—how could I not? He is absolutely right to point out that we wish to be a global, outward-looking trading nation. All the companies that participated in this tender process provide identity documents and bank notes, and other passport providers have bid. The reality is that in a fair procurement process, we had to look at quality, security and price, and this was the contract that provided the best value on all counts.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The Minister will be aware of the concern among supporters of every party in this House and none about the prospect of a British passport being printed by a Franco-Dutch company. The Government cannot be allowed to hide behind EU procurement rules. They must take responsibility for the potential fallout on workers, their families, the community and the Government’s wider industrial strategy. Does the Minister accept that it was wrong that the workers at De La Rue were not directly informed of the Government’s decision, but instead heard from the media that their jobs were at risk? Is this what senior Ministers in the leave campaign meant by “taking back control”?

Far from taking back control, it seems we cannot control where our passports are printed. We understand that passports may be manufactured partially in the UK, but it is telling that for security reasons—security reasons that the Minister does not appear concerned about—in countries such as France state-run companies make the passports. What is the total cost of the switch to blue passports? We read reports of savings of £120 million made in the allocation of the contract. Last December, the then Immigration Minister estimated the cost to be £500 million. We are now told that it is £490 million, so the original estimate seems to have been almost exactly correct.

Finally, the Minister must understand why the public see this whole episode as a farce. Labour Members call on Ministers to re-examine this decision and to meet De La Rue, the trade unions and others to ensure that this industry, the quality of the jobs that come with it and our security are protected. Ministers have to understand that the cheapest is not necessarily the best.

[Caroline Nokes]

I gently point out to the right hon. Lady that it was in 2009 that the rules were changed to enable the British passport to be made overseas and that 20% of blank passports are already printed abroad—[Interruption.] She refers repeatedly from a sedentary position to taking back control. Yes, we are: we are taking back control by awarding a contract within procurement rules—WTO rules as well as EU rules, which are embedded in UK law—and it is imperative that we have the most secure and up to date passports at the best value for money.

Yarl’s Wood Detention Centre

Debate between Diane Abbott and Caroline Nokes

Tuesday 6th March 2018 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab) (Urgent Question)]

To ask the Secretary of State for the Home Department if she will make a statement on the detention centre at Yarl’s Wood.

[The Minister for Immigration (Caroline Nokes)]

Ensuring that individuals abide by immigration rules is an essential part of an effective immigration system. This includes individuals leaving the UK if they have no lawful basis to remain. Of course, we all hope that those with no right to remain in the UK will leave voluntarily, and we have measures in place to assist those who wish to do so. However, this is not always the case, and detention is therefore an important tool.

The dignity and welfare of all individuals detained is of utmost importance, and any decision to detain is made on a case-by-case basis, taking into account individual circumstances. But let me be clear: Home Office officials work with any individual with no right to be in the UK, both detained—including those at Yarl’s Wood—and in the community, to assist with their return at any time, if they decide to leave the UK. In fact, 95% of people without the right to be here are managed in the community and most people detained under immigration powers spend only very short periods in detention.

In 2017, 92% of people were detained for four months or less, and nearly two thirds were detained for less than a month. As well as regular reviews of detention, individuals can apply for bail at any time. I visited Yarl’s Wood on 8 February to see that all detainees were being treated in a safe and dignified manner, and I understand that the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) is meeting the Home Secretary to discuss this issue very shortly.

The provision of 24-hour, seven-day-a-week healthcare in all immigration removal centres ensures that detainees have ready access to medical professionals and levels of primary care in line with individuals in the community. Any detainees who choose to refuse food or fluid, including the declining number of residents at Yarl’s Wood who are currently refusing food, are closely monitored by on-site healthcare professionals. Home Office staff will not only ensure that detainees are informed about how their actions may impact on their health, but make it clear that we will continue to seek to progress their case. The Government are committed to protecting the welfare and dignity of those in detention and we will always set the highest standards to ensure the safety and wellbeing of detainees.

[Ms Abbott]

The shadow Attorney General and I travelled to Yarl’s Wood detention centre on Friday 23 February to inspect conditions and speak to some of the people detained there. The Minister will be aware that I have been pressing for such access to the centre since the autumn of 2016. The timing of our visit coincided with a hunger strike by some of the detainees, who were protesting at what they described as the inhumane conditions there. But in response to my repeated inquiries, the authorities at the detention centre, the Home Office, Serco and G4S said categorically that there was no hunger strike. It now seems that we were misled.

Is the Minister aware that newspaper reports show a letter that has been sent to these women by the Home Office? The letter has been reproduced in some media outlets. It is a signed letter, on Home Office headed paper, which begins by stating that

“the fact that you are currently refusing food and/or fluid…may, in fact, lead to your case being accelerated”.

To some Opposition Members, this sounds like punitive deportations for women who have dared to go on hunger strike. Furthermore, I was contacted at the weekend by lawyers and others attempting to prevent the deportation of a young woman and her mother. This is wrong. The personnel at Yarl’s Wood are paid for from the public purse, yet Members of Parliament seem to have been misled by officials. Now we learn that the Home Office is apparently threatening these women with accelerated deportation.

The Minister has a series of questions to answer. When did she first know about the hunger strike? When did she know of the existence of the threatening letters, implying that deportation would be accelerated for those continuing on hunger strike? Did she or her officials approve these letters? How is it possible to accelerate deportations and conform to natural justice, as surely all cases are expedited in any event? Does the decision for removal supersede any health concerns that a detainee may have? Is the Minister aware that the primary demand of the hunger strike is to end the inhumanity of what, in practice, is indefinite detention? Finally, will the Government, in line with their own policy, stop detaining women who have been trafficked or sexually abused and stop misleading this House about their detention of these most vulnerable women?

Immigration White Paper

Debate between Diane Abbott and Caroline Nokes

Monday 5th February 2018 Commons Chamber

[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.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The immigration White Paper was originally scheduled to be published last summer. Then, Ministers told the Home Affairs Committee that it would be published before Christmas. Does not this constant postponement speak to the chaos and confusion on immigration in the Department as a whole? Does the Minister accept that, as the director general of the Confederation of British Industry said, business will be “hugely frustrated” by yet another postponement? Does she appreciate that firms need time to plan for change?

Does the Minister accept that this uncertainty is particularly upsetting for the 3 million EU citizens who live here? These people are contributing to the health service, social care, universities, financial services and the hospitality industry, among many other sectors. They are many of our constituents, neighbours and work colleagues. It is wrong that they should be treated like this. Furthermore, the longer the uncertainty goes on, the less willing EU citizens will be to come here to take up employment. Does the Minister accept that the consequences for recruitment in the health service in particular are potentially very serious? Does she also accept that European students who come to study in Britain after March 2019 will want reassurance that, if they are doing a three or four-year course, they will be able to stay for more than two years without having to apply again for a residence permit?

It is all very well for the Minister to say that the White Paper will be published when the time is right. The Opposition argue that the time has been right for some time and that the Government’s postponement and delay are inexcusable.