Salisbury Incident 2018: Update

Edward Leigh Excerpts

Tuesday 21st September 2021 Commons Chamber

[Priti Patel]

I thank the right hon. Gentleman for his questions and the points he has made. He is right about the tools or levers that exist across government and across law enforcement—many strong laws are in place. As ever, this is about the application of the law and the levers that could help to denude capability further, so he is absolutely right on the point he makes. On the ISC, we will be in touch directly with the Committee after today’s statement, even on the basis of how information and intelligence is shared.

[Sir Edward Leigh (Gainsborough) (Con)]

The Home Secretary mentions the judgment of the European Court of Human Rights. The Parliamentary Assembly of the Council of Europe, of which I am a member, has pathetically allowed Russia back into the Assembly and has done so for one reason only—money. These Putin thugs strut around there and ignore any motion passed by the Assembly. Russia does not care a damn about the ECHR and will simply ignore it, but this same court is constantly invoked by human rights lawyers when we try to save lives at sea, when dealing with migrants, or when we are trying to run our prisons. This is just a fig leaf for tyranny. Perhaps the time has come to replace the Human Rights Act with our own British rights Act and get out of the ECHR altogether.

[Priti Patel]

I thank my right hon. Friend for his comments. Today’s judgment and ruling from the ECHR is important and significant, particularly in the context of what we are speaking about. He is also right to touch on some of the other issues he has mentioned, which obviously link to our work in the Home Office in dealing with illegal migration. There is always more we can do and we would welcome greater support, through some of the courts, to help us in how we tackle some of these very challenging issues.

Nationality and Borders Bill

Edward Leigh Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Priti Patel]

No, I will not.

For years, people have risked their lives to enter our country, such as those crossing the channel in dangerous boats to claim asylum. [Interruption.] I have been generous in giving way and I will give way again shortly, but I would like to make progress.

If there were simple and straightforward solutions to many of these challenges—my right hon. Friend the Member for Maidenhead (Mrs May) has touched on this—issues such as illegal migration to the UK would have been resolved by now, but illegal entry to the UK and the subsequent claims of asylum have become complex because of the nature of cases that arise. But I am absolutely clear that no one should seek to put their life, or the lives of their family, in the hands of criminals to enter the UK illegally, and I would like to think that that is an important point that this House can unite on.

The Bill will finally address the issues that over a long period of time, cumulatively, have resulted in the broken system that we have now. It is a system that is being abused, allowing criminals to put the lives of the vulnerable at risk, and it is right that we do everything possible and find measures to fix this and ensure that a fair asylum system provides a safe haven to those fleeing persecution, oppression and tyranny.

[Sir Edward Leigh (Gainsborough) (Con)]

We are receiving emails saying that this Bill is somehow cruel to illegal migrants, but is not the cruellest thing to do nothing? This very day, hundreds of people are putting their life at risk by crossing the channel. If we close these loopholes, if we clear up the doubts about human rights legislation and if we create safe havens, this trade will stop dead, as it did for Australia.

[Priti Patel]

My right hon. Friend is absolutely right. There are many ways in which we can address this problem, and creating safe and legal routes, which are in the Bill and are something I have spoken about many times, will build upon the generosity of our country. We are generous as a nation when it comes to providing refuge and support to people fleeing persecution, but what we have to do right now is stop this trade in which people are being exploited so that they can come to the country illegally.

Oral Answers to Questions

Edward Leigh Excerpts

Monday 12th July 2021 Commons Chamber

[Kevin Foster]

I am certainly happy to look into that if the hon. Member provides the detail. She will appreciate that Border Force’s first priority is to maintain our defences against covid-19. However, as part of our work, we are looking to move exemption decisions away from the border and to have more automatic checking. That is in everyone’s interests, including those passengers who need to comply with the regulations and would otherwise be stood behind those trying to prove exemptions at the primary control point.

[Sir Edward Leigh (Gainsborough) (Con)]

What steps her Department is taking to tackle people smuggling.

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

People smuggling is a despicable crime, often leading to tragic deaths such as the 39 we saw in Purfleet. The Government are determined to crack down on organised immigration crime, which is why we last week we introduced a new Nationality and Borders Bill, which will receive its Second Reading next week. It is also why in 2020 the National Crime Agency and immigration enforcement were involved in 750 arrests in relation to organised immigration crime.

[Sir Edward Leigh]

Following the ridiculous decision by the Crown Prosecution Service not to prosecute illegal migrants on the grounds that they have

“no choice in how they travel”,

as if they do not voluntarily pay a people smuggler €10,000 or voluntarily get in a dinghy, or the even more absurd reason that we can rely on “administrative removal channels” when corrupt human rights lawyers string such claims out for years and nobody is ever deported, where does that leave the absolutely good Bill of my right hon. Friend the Home Secretary? She wants to arrest these people in the channel. Does this decision make it even more urgent that we bring in safe havens for these people in a third country?

[Chris Philp]

My right hon. Friend is quite right to point out that countries such as France and Germany are obviously safe and that someone genuinely in need of protection or asylum can claim asylum quite properly and easily in such countries rather than attempting dangerous and unnecessary crossings over the English channel. Notwithstanding the CPS’s recent announcement, we can, do and will prosecute people who organise and pilot dangerous boat crossings across the English channel for gain or with the intention of avoiding immigration controls. The Bill, which will receive its Second Reading next week, critically contains provisions that will close some of the loopholes that may have led to the CPS’s recent decision and will make it clear that any attempt to arrive in the United Kingdom from a safe place, such as France, will be rightly treated as a criminal offence.

--- Later in debate ---

[Priti Patel]

First and foremost, as I have said already, there are no words to describe the appalling acts that have taken place. [Interruption.] Would the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) like to intervene? If she would be prepared to listen, she will hear that everything related to racism and hatred both across society and involving any individual is completely unacceptable. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) is right to point to Instagram, but all social media platforms, not just Instagram, are culpable. They are all responsible and it is right that we all take action against them. As I have already said, we in the Home Office are absolutely on top of those organisations. Of course, legislation is the way that we will go forward on this, but such acts are simply unacceptable. This matter will take determined effort by everyone. There is no place for booing. Individuals have a right to express themselves in whichever way—we live in a free country, and thank God we do—when it comes to tackling hatred, violence and racism. The fact of the matter right now is that what we saw overnight was completely unacceptable. It is right, both from a policing perspective and when it comes to social media companies, that there is no place to hide and that action is taken.

[Sir Edward Leigh (Gainsborough) (Con)]

  I thank the Home Secretary for fulfilling her pledge on the Floor of the House to meet Aid to the Church in Need and myself tomorrow to discuss the case of Maira Shahbaz, a 14-year-old Christian girl who was abducted, kidnapped, and forced into hiding. I do not want the Home Secretary to comment on that case, but does this not make it even more important that we deal with illegal migration? If we do not do so, we cannot deal better with genuine asylum seekers. Indeed, for every illegal we deport, we should accept a genuine asylum seeker.

[Priti Patel]

My right hon. Friend is absolutely right and I look forward to the discussion that we will have tomorrow. This is a very harrowing case and I have been following the details of it for some time. Although we will discuss the matter tomorrow, my right hon. Friend is speaking to the fact that our asylum system is completely broken. We are seeing too many abuses of the system and vulnerable people being preyed on, and that scuppers our ability to assist those who are fleeing persecution and having the most appalling and abhorrent acts forced on them or taken against them. That is why the Nationality and Borders Bill is so important. I urge all colleagues in the House to work with us and support the Bill as it comes to Second Reading next week.

EU Settlement Scheme

Edward Leigh Excerpts

Wednesday 7th July 2021 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I beg to move,

That this House regrets the end of Freedom of Movement following the UK’s exit from the European Union; notes the enormous contribution EU nationals make to the UK economy and society, including in response to the ongoing covid-19 pandemic; regrets that the Government did not grant automatic right to remain to EU nationals despite assurances made during the EU referendum campaign; welcomes the fact there have been over six million successful applications to the EU Settlement Scheme; but further notes with concern that inevitably, many thousands of EU nationals have not applied; regrets that provision in relation to late applications will not prevent injustices and the loss of rights of many thousands of EU citizens; calls on the Government to recognise that the ongoing health emergency has also impacted on outreach work and the ability of EU nationals to apply, and to respond to this either by automatically granting Settled Status or by scrapping or extending the 30 June deadline; and further calls on the Government to introduce physical proof of Settled and Pre-Settled Status and to work with the Scottish Government on agreeing a transfer of immigration powers to allow the Scottish Government to create a Scottish visa or Scottish migration system.

I am grateful for opportunity to introduce this debate on the EU settlement scheme and I am very grateful to hon. Members across the House for taking part, especially as some minds may be starting to drift towards Euros of a different sort just a few miles away in north-west London.

The starting point, and I hope a matter of unanimity across the House, is what our motion says in relation to the enormous contribution that our EU nationals have made to every part of the UK: to our economy, our public services and culturally. I hope we also all agree that we want these EU citizens to stay. That is why we selected this topic for debate: to allow us to press the Government on whether their settlement scheme really reflects those goals as well as it could, and what we feel are the obstacles making it harder for some to stay than it should be. It gives us the opportunity to ask what happens now that the EU settlement scheme deadline has passed and what can be done to protect those who, as things stand, have lost their rights.

In a moment, I will get into the nuts and bolts of the rather messy situation we find ourselves in, but it is important to start by making clear what happened last week and why. Last Thursday morning, at the stroke of midnight, thanks to policy choices made by successive Conservative Governments, tens and almost certainly hundreds of thousands of people to all intents and purposes lost their rights to live, work, study and enjoy family life here in this country. It does not matter how long they have been here or whether they really have any home elsewhere, the clock struck midnight and these people became subject to the full force of the hostile environment. The first question for the Minister is whether he will tell the House what estimate the Home Office has made of the number of those who have failed to apply prior to the deadline. If we are to have a proper discussion about the scheme, surely that is the least of the information the Government must provide?

[Sir Edward Leigh (Gainsborough) (Con)]

The difficulty for the SNP in this sort of debate is that while they are quite right to talk about some teething problems relating to our leaving the EU, will those problems not be compounded a thousand times more if the United Kingdom was broken up? For centuries Scots have settled here. Would it not be absurd if, Scotland having left the United Kingdom and joined the EU, Scots had to apply for settled status here or we had to apply for settled status in Scotland? What is the answer?

[Stuart C. McDonald]

The answer, quite simply, is that there is a country that the right hon. Gentleman may be aware of called Ireland, which is part of the common travel area and enjoys full blown free movement of people from the rest of the EU. There is absolutely no question of people having to apply for visas to get across borders and so on. It is perfectly possible and there would be absolutely no need for any such thing.

[Sir Edward Leigh]

I thought the hon. Gentleman would make that answer. That settlement was made in 1921. The difficulty for the SNP is that it would have to reapply as a new state to join the EU. It is very unlikely that the EU would bend all its rules, as happened in 1921 in Ireland, so it would be in grave difficulty. I am afraid the SNP has to answer that point. If breaking up the EU is so bad, breaking up the UK is even more difficult.

[Stuart C. McDonald]

I am not going to go down the rabbit hole the right hon. Gentleman is trying to take me down. All the indications we have had from people involved in the European Union and from other member states is that they would be perfectly happy to welcome an independent Scotland into the EU and I very much look forward to the day that that happens, but I want to get back to the subject of this debate, which is the status of EU citizens who are here today.

Oral Answers to Questions

Edward Leigh Excerpts

Monday 7th June 2021 Commons Chamber

[Chris Philp]

I reiterate the critical point that people should apply before the 30 June deadline, which is already six months after the end of the transition period. The shadow Minister is right and, indeed, the Prime Minister was right as well. If somebody does apply late and there are reasonable grounds for them to have done so—for example, they might have been ill—then latitude will be shown. There is no hard time deadline to that. A reasonable approach will be taken, but again, the best thing to do for any constituent who is entitled to EUSS is to apply for it before 30 June.

[Sir Edward Leigh (Gainsborough) (Con)]

What steps her Department is taking to tackle people smuggling.

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

My right hon. Friend is absolutely right to draw attention to this. People smuggling is a wicked and vicious activity that puts lives at risk. Indeed, a young family tragically drowned in the channel last autumn. We are prosecuting people who are involved in people smuggling. Since the beginning of 2020, there have been 65 prosecutions related to small boat crossings for those people facilitating that sort of activity. We are now explicitly going after the people who drive these boats, and our objective is to prosecute as many of those wicked facilitators as we can get our hands on.

[Sir Edward Leigh]

Does the Minister recognise the public anger at us being made fools of in this? Border Force is little more than a taxi service for illegal migrants—it is ridiculous. Will the Minister assure me that he will use his powers under the Immigration Act 1971 to arrest all illegal immigrants, put them in detention, prosecute them, imprison them and deport them, so that we can stop this horrible trade dead in its tracks?

[Chris Philp]

I completely share my right hon. Friend’s anger at the situation, and the Home Secretary and the Prime Minister do as well. As I say, we are actively prosecuting the facilitators. In the forthcoming sovereign borders Bill, as part of the new plan for immigration, we plan to significantly strengthen the section 24 illegal entry offence in the 1971 Act, to which he refers, to make it easier to use and easier to implement in practice. At the same time, we will increase the sentence for illegal entry and the sentence for facilitation under section 25 of the Act. I look forward to working with him on getting that Bill passed as quickly as possible and then implemented.

--- Later in debate ---

[Chris Philp]

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

[Sir Edward Leigh (Gainsborough) (Con)]

If she will make a statement on her departmental responsibilities.

[The Secretary of State for the Home Department (Priti Patel)]

Since the House last met for Home Office questions, the anniversaries of several terror attacks have passed. I know that the House will want to join me in marking them and remembering those who have lost their lives in these terrible atrocities.

On 29 April 2013, Mohammed Saleem was stabbed to death as he returned from worshipping at his mosque. On 22 May 2013, Fusilier Lee Rigby was murdered near the Royal Artillery barracks in Woolwich. Exactly four years later, a bomb at the Manchester Arena killed 22 concertgoers and wounded hundreds more. On 3 June 2017, eight people were murdered and many more were wounded around London bridge and Borough market. Another anniversary is imminent: that of our much-loved and widely admired colleague Jo Cox, who was murdered on 16 June 2016. Last month saw the verdict of the inquest into the terror attacks at Fishmongers’ Hall in November 2019, which claimed the lives of Jack Merritt and Saskia Jones.

The Government and our operational partners have taken action to strengthen the supervision of terror offenders on licence and end the automatic release of terrorist prisoners. We have improved information sharing and established world-leading counter-terrorism operation centres.

We all recognise how truly evil all those acts were, because they were directed at innocent people going about their daily lives, who were worshipping, listening to music or seeing their friends, as well as—at their best—doing public service for others. Yet the outpouring of grief and love that followed, the heroism of the first responders and the resolute way in which the British people refused to be cowed have shown the best of our country. Terrorists can hurt us, but they will never win. We will always honour those who were killed and the people who love them, and the Government will continue to give every support to the police and security services, who have worked tirelessly to keep us safe.

[Sir Edward Leigh]

Does the Home Secretary recall that I wrote to her on 20 April on behalf of Aid to the Church in Need about the case of Maira Shahbaz? I still await a reply. Maira is a 15-year-old Christian girl from Pakistan, who was raped, abducted and kidnapped, and is now in hiding. We need to help her. Will the Home Secretary meet Aid to the Church in Need and me?

[Priti Patel]

My right hon. Friend raises an incredibly important case. I have been working with colleagues in the House on this for a considerable period of time. I would be very happy to meet him and others. There have been some barriers around the case in the past, but I give him an assurance that we are proactively looking at all the help that we can provide.

New Plan for Immigration

Edward Leigh Excerpts

Wednesday 24th March 2021 Commons Chamber

[Priti Patel]

I suggest that the hon. Lady reads the “New Plan for Immigration”, because it is spelt out in there.

[Sir Edward Leigh (Gainsborough) (Con)]

Our present asylum system is a complete joke. Every young man living in misery in a failed state knows that if he manages to reach our shores, the chances of his being deported are virtually zero. There is no point in introducing more and more penalties and laws unless we are prepared to deport people. Is the Home Secretary prepared to do what Prime Minister Abbott of Australia did? He ensured that all arrivals were put in a secure location and left there until their claims were assessed and then either deported or allowed to stay, and there are now no unsafe arrivals in Australia, no deaths and no criminal gangs. That policy works. Is the Home Secretary prepared to be really tough in order to be kind?

[Priti Patel]

As I have outlined already for my right hon. Friend, this proposal is a long-term plan and it needs to be addressed in the component parts that I have outlined. For example, the legal system that we have here, which frustrates deportations and removals, is a very different system from the one in Australia. This is a fair but firm system because we have to be firm in terms of removing those that have exhausted all their rights and should not be here. This equally applies to foreign national offenders, which is part of the reason that I have outlined already in the new immigration plan.

Police, Crime, Sentencing and Courts Bill

Edward Leigh Excerpts

2nd reading & 2nd reading - Day 1
Monday 15th March 2021 Commons Chamber

[Priti Patel]

Absolutely not. The Government are determined in their resolve—through this legislation, and delivering on our manifesto commitments—to bring in sentences that fit the crime. This is an end-to-end criminal justice Bill. If the hon. Gentleman and hon. Members listen to this afternoon’s debate, they will hear about the measures that are being introduced, and about the Government’s longer-term response. That includes the wider work that the Government are undertaking with the courts and the CPS; the changes that we need to make not just to sentencing, but to our laws; and the support that we are giving to our police.

[Sir Edward Leigh (Gainsborough) (Con)]

We do not want to waste police time. Over the years I have formed an unlikely alliance with people such as Peter Tatchell, particularly with the Anti-social Behaviour, Crime and Policing Act 2014, to ensure that we enshrine in law your ability, Madam Deputy Speaker, my ability, or anybody’s ability to insult people and cause offence. Thinking particularly of clause 59, will my right hon. Friend assure me that nothing in the Bill will have a chilling effect on the right to debate and, if necessary, cause offence?

[Priti Patel]

When it comes to freedom of expression, my right hon. Friend knows my views and those of this Government. Prior to taking interventions I spoke about the corrosive impact of violent crime across our towns and cities. Tragically, too many young children—teenagers—have been stabbed to death in towns and cities of the UK. Such senseless violence has no place in our society. I have met too many mothers whose children have been murdered on the streets of our city, and I have seen the raw pain and distress of parents grieving for their child, and the utter devastation they are forced to endure.

We are proud that this Government have put more police officers on the beat, but tough law enforcement can be only part of the solution. We must do much more to understand and address the factors that drive serious violence, so that we can prevent it from happening in the first place. Through the Bill, we will introduce a serious violence duty, which will work to bring public bodies, including the police and local authorities, to work together as one, to share data and information across our communities, and work together to save lives. I thank many of my predecessors for their work on that, particularly my right hon. Friend the Member for Bromsgrove (Sajid Javid).

I make no apology for finding new ways to protect our communities and save the lives of our young people. Whenever lives are tragically lost as the result of serious violence, we must do everything we can to learn from what has happened. Homicides involving offensive weapons such as knives make up a large and growing proportion of all homicides, yet no legal requirement is currently placed on local agencies to understand what has happened after each incident. We are therefore introducing the requirement for a formal review to be considered, where a victim was aged 18 or over and the events surrounding their death involved the use of an offensive weapon. The new reviews will ensure that we learn lessons from such cases, and produce recommendations to improve our response to serious violence.

Every time someone carries a blade or a weapon, they risk ruining their own lives and those of others. Every stabbing leaves a trail of misery and devastation in its wake. Our new serious violence reduction orders will help the police to protect our communities better, by giving officers the power to stop and search those already convicted of crimes involving knives and offensive weapons. The orders will help to tackle prolific and higher-risk offenders, and help to protect individuals from exploitation by criminal gangs. That is exactly what I mean when I say that we are making our communities safer.

There will be concerns about disproportionality, but our aim is for these orders to enable the police to take a more targeted approach, specifically in relation to known knife carriers. Unfortunately, data from 2018-19 indicate that the homicide risk for young black people is 24 times higher than that for young white people. That is appalling. As long as young black men are dying and their families are disproportionately suffering, we cannot stand back, and I cannot apologise for backing the police when it comes to stop and search. The Government will work with the police to gather data on the impact of the orders to deliver real and lasting results.

Victims and witnesses must have the full protection of the law while the police conduct their investigations. We will reform the pre-charge bail regime to encourage the police to impose pre-charge bail, with appropriate conditions where it is necessary and proportionate to do so, including where there is a real risk to victims, witnesses and the public. We hope that that will provide reassurance and additional protection for alleged victims, for example in high-harm cases such as domestic abuse.

Immigration Rules: Supported Accommodation

Edward Leigh Excerpts

Wednesday 16th December 2020 Commons Chamber

[Chris Philp]

First, as I have said, the people in this cohort will not be in limbo, because after a reasonable period, if no return to another country is possible, the asylum claim will be substantively considered here. The possibility of limbo that the hon. Gentleman referred to does not exist, as I have said twice already.

Secondly, the hon. Gentleman raised the question of destitution. As I said in response to the hon. Member for Halifax (Holly Lynch), the people in this cohort will be eligible for accommodation and support, so the risk of destitution, which would be in contravention of article 3, does not exist either.

The hon. Gentleman asked about people crossing the channel and referenced the refugee convention. He will know that article 31 of the refugee convention talks about people

“coming directly from a territory where their life or freedom was threatened”

being immune to various forms of penalty. He will know that France is a safe country where people’s life and freedom are not threatened. Human rights are respected in France. Asylum claims can be processed in France and, indeed, in other countries through which this cohort typically pass prior to their arrival in France. That deals with the questions that he raised.

The hon. Gentleman mentioned the very sad deaths in accommodation, every single one of which is, of course, a tragedy. I remind him that we have 60,000 people in asylum accommodation. While each individual case is very sad, if he studies the statistics he will see that the numbers are not out of line with what we would expect among a population of 60,000 people.

[Sir Edward Leigh (Gainsborough) (Con)]

Sooner or later, there is going to be an appalling tragedy in the channel. The reason economic migrants make this crossing is that they know that our present asylum laws are a complete joke. If someone makes it halfway across the channel, their chances of ever being deported are virtually nil, because of the activities of so-called human rights lawyers, who are actually putting lives at risk by their shenanigans in the law courts. What we want from the Minister is a firm commitment that, from 1 January, if someone crosses the channel and it is obvious that they are coming from a safe country, they will be immediately returned—that is what we want to know.

[Chris Philp]

I thank my right hon. Friend, who has a distinguished legal background, for his question. He is absolutely right: we need to deter these crossings, and we need to ensure that our legal process works effectively. As my right hon. Friend the Member for Wokingham (John Redwood) said, very often it does not do so. Despite that, we are able to return and deport quite large numbers of people if they should not be in the country or if they have committed very serious criminal offences, as we discussed a couple of weeks ago.

In relation to the question about immediate returns from 1 January, that is the policy objective of the Government—it is my objective, the Home Secretary’s objective and, indeed, the Prime Minister’s objective. But in order to effect returns, we need the agreement of the receiving country, and so my top priority, as soon as the European-level negotiations are concluded, is to seek exactly those kind of return agreements.

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

Edward Leigh Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Kevin Foster]

This Bill delivers on a key manifesto commitment to end the EU’s rules on free movement, and to deliver our fairer and firmer points-based immigration system. I am pleased the Bill has passed its Third Reading in the other place, led by my colleague Baroness Williams of Trafford. For such a short Bill, there has been substantial debate on a wide range of immigration issues. There are issues on which Members disagree with the Government, but we must now enact this Bill and deliver on our promise to the British people. I will speak to each amendment in turn.

Lords amendment 1 requires publication of an independent report on the impact of ending free movement on the social care sector. Although it is well intentioned, the amendment is unnecessary because we already have independent reporting in this area through Skills for Care and the Migration Advisory Committee, which is now free to work to its own commissions in addition to those given to it by the Government.

The Department of Health and Social Care funds Skills for Care to deliver a wide range of activities to support the Government’s priorities for the social care sector. This includes programmes to support employers and the workforce with skills development, promote and support recruitment into the sector, and support leadership development. The Department of Health and Social Care uses the data produced by Skills for Care and the trends identified to inform its policy development to support the adult social care sector to recruit, train and develop its vital workforce.

[Sir Edward Leigh (Gainsborough) (Con)]

The social care sector is a typical example of where cheap EU labour has been brought in to undercut our own labour force. The public are really worried that, as EU migration has declined, so migration from other parts of the world has increased. I want the Minister to give a categorical assurance that, whatever happens with these negotiations, we will get a grip on migration from other parts of the world and we will not undercut our own workforce.

[Kevin Foster]

We have been very clear that we will have a points-based system that will respond to the needs of the United Kingdom’s labour market and workforce, and that our migration system will not provide an alternative to investing in and rewarding those who work in critical sectors such as social care.

As Members will know, I have previously spoken at length about the role of the Migration Advisory Committee, which now has an expanded remit to examine any aspect of the immigration system and to provide annual reports that Parliament can, and almost certainly will, debate. I have also outlined the Government’s continued commitment to keeping all policies, including the skilled worker route, under review. We do have the flexibility to adapt and adjust on the basis of experience and evidence. Hon. Members will have heard me say before that the immigration system cannot be the solution to issues in the social care sector. We must not continue to rely on people coming to the UK when the focus should be on the domestic workforce to address shortages in the sector. As was just touched on, migration policy should not be an alternative for employers to offering the type of rewarding packages that care staff deserve.

To deliver change to the social care sector, we need to make changes to the way that we train, recruit, attract and retain staff. The Government are focused on working alongside the sector, including through Skills for Care, to ensure that the workforce can meet the increasing demands and continue to deliver quality, compassionate care. Immigration must be part of our overall strategy for this sector’s workforce, not a handy alternative for employers to—

Domestic Abuse Bill

Edward Leigh Excerpts

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

[Liz Saville Roberts]

It is truly an honour to follow the hon. Member for Wyre Forest (Mark Garnier), given the work that he has done to prevent the rough sex defence, alongside the right hon. and learned Member for Camberwell and Peckham (Ms Harman). I welcome many of the Government’s new clauses and pay tribute to Members across the House who have worked constructively during the Bill Committee, and previously on the Joint Committee, to achieve that. Thanks to their efforts, the Bill now includes many landmark changes—frankly, too many for me to list in the time that I have. It is a pleasure for once to stand on this side of the House and welcome so many of them. I am sure that the whole House will join me in commending the outcome of what has been effective cross-party co-operation.

In that spirit, I urge the Government to take unequivocal action to guarantee that all victims of domestic abuse will be treated equally, and to afford them the same support and resources regardless of their immigration status. We were talking earlier about the evidence gap in relation to some victims, and how temporarily lifting the “no recourse to public funds rule” might provide the evidence required to address that gap, which seems to hamper the pilot project at present. How to find out exactly whom to target certainly seems to be an issue.

I add my voice to the call for further updates, especially on how the pilot scheme might achieve the ratification of the Istanbul convention, which I believe all Members present would very much welcome. I therefore urge the Government to support new clauses 22, 23, 26 and 27, which call for special attention to be paid to the exceptional circumstances migrant women face.

Amendment 46, in my name, would ensure that a representative for Wales would hold a seat on the commissioner’s advisory board to reflect the particular circumstances faced by women in Wales. Many of the services aimed at preventing and supporting people affected by domestic abuse are of course devolved, whether relating to healthcare, housing or social services. Specific Welsh legislation exists in the form of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015. Much of the funding arrangements are already also devolved in Wales. With the role of the commissioner, it is important that the voice of victims of domestic abuse is heard. What I fear is that, as things stand, the voice of victims of domestic abuse in Wales will not be represented. It is important to remember that there are people who are at present experiencing the jagged edge of legislation, which will hold until Wales gains full legal jurisdiction. The designate domestic abuse commissioner has already done excellent work in co-operating with organisations in Wales—I commend Ms Jacobs for her hard work and her keen interest in the specific circumstances faced by Welsh women—but I beg the Minister to consider that the amendment would safeguard that relationship into the future, rather than being one on voluntary grounds.

Finally, my new clause 21 calls for the creation of a domestic abuse register to ensure that greater protection is provided for potential victims of domestic abuse from individuals who have a track record of abusive behaviour within a relationship and whose potential for repeat violent actions warrants proactive intervention. A domestic abuse register would provide the incentive for a shift in focus away from reacting to domestic abuse towards a preventative approach. We know that repeat offending by perpetrators with violent and controlling histories of abuse is common. Data provided by the Metropolitan police to the London Assembly as part of the Assembly’s domestic abuse report showed that in the year up to September 2019 there were 13,600 repeat victims of domestic abuse and that 21% of the cases discussed at the 2018 multi-agency risk assessment conference were repeat cases. One concern raised in Committee with regard to the domestic abuse register was the consequential increased bureaucratic burden it might place on police forces. Although I argue that cross-force technology offers opportunities, I respond in the spirit of compromise and urge the Government to support new clause 33, tabled by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), as a way of improving the current situation, or even new clause 32.

We must take this opportunity to ensure that the Domestic Abuse Bill includes lifesaving measures to protect all victims of abuse. Recognising predictable perpetrator behaviour and addressing it is key to the Bill’s future success.

[Sir Edward Leigh (Gainsborough) (Con)]

I want to speak, if I may, on new clause 28. I thought a consultant who wrote to me summed it up very well: “Of course, we recognise that the Bill is important in view of widespread psychological, physical and emotional sexual abuse of women.” That is a view we all share. However, new clause 28 relates to the enabling of access to abortions in abusive relationships and the effect of the new clause will be to lead the way to coercive abortions within the concept of abusive relationships.

The consultant continued: “From a clinical perspective, I cannot understand how there would be any confidence in detecting an abusive relationship on the basis of a telephone conversation or audio-visual interview. How can the clinician distinguish between a false claim of abuse in order for the women to access a home abortion and a genuinely abusive relationship in which the woman might well be coerced into having an abortion by a partner or other family members? As a consultant”—I stress that this is not my argument, but the consultant’s argument—“I would take any abusive relationship very seriously, as it may directly impact upon patient welfare and raise important safeguarding issues. Indeed, what would be the situation if the doctor believes in ‘good faith’ that a ‘home abortion’ is being forced on the woman as the result of an abusive relationship with the father? The presumption behind the new clause is that the woman wants an abortion, but is prevented from proceeding because of the abusive relationship. However, it is likely that in the context of an abusive relationship she is being forced to have the abortion by her partner. New clause 28 would enable access to such coercive or forced abortions in abusive relationships.” That is a very clear argument from a consultant working in the field about the dangers of new clause 28.

--- Later in debate ---

[Jess Phillips]

I wonder whether the right hon. Gentleman agrees with the Government-funded telephone lines for domestic abuse if it so difficult to take advice and to give advice to women in a domestic abuse situation over the telephone.

[Sir Edward Leigh]

I think it was designed by the Government as a very temporary measure. I do not think for a moment that it was designed as a permanent measure; it was designed simply in the context of covid-19. Body language and visual signs cannot be observed over the telephone. It is not a perfect way of consulting. There are already investigations into nine cases where pills issued via telephone were taken beyond the recommended gestation. This is less than two months after the service commenced. In one case, the abortion took place some 18 weeks over the legal limit of nine weeks and six days. We have also seen, of course, the media give better attention to domestic abuse and that increase in visibility may have given victims greater strength to come forward, which is good, but the gravity of women being coerced into abortion does not seem to have been taken as seriously as it should have been. It seems obvious to me that a woman seeking an abortion under duress may be being observed by abusive partners, or are otherwise acting in fear, and they will be less likely to come forward and disclose abuse.

I could quote doctors on this again and again, but there is not enough time. One said to me:

“This proposed amendment would place doctors in a very risky situation. Deciding whether a patient might be in an abusive situation by one telemedicine consultation would be almost impossible… Assessment of women at risk of domestic abuse should be part of a comprehensive safeguarding strategy—it should not be left to a single doctor working under time pressure, via the medium of telemedicine.”

I know that there are strong views and I respect the position of the hon. Member for Kingston upon Hull North (Dame Diana Johnson). None the less, we will never agree, and this is, frankly, lazy legislating. It is an abuse of parliamentary procedure. Abortion is such an important issue that we need to have a serious debate around it. We in the Pro-Life lobby recognise that we will never change the fact that if a woman wants an abortion, she will get one, but we will never give up arguing the importance of the value of all life, however frail, and the dignity of all human beings. We consider it a vitally important issue and it should be dealt with properly by parliament.

[Christine Jardine (Edinburgh West) (LD)]

It is a pleasure to follow the right hon. Member for Gainsborough (Sir Edward Leigh). In fact, it is a pleasure to have reached this stage in the journey of this Bill. As the Minister said earlier, it has in some ways been a very collegiate experience. The hon. Member for Birmingham, Yardley (Jess Phillips) also referred to that as well. It was certainly something that I felt about the Committee. Perhaps that has been because it is a journey that we all appreciate will be life changing for the hundreds of thousands of women particularly, who in this country and every year, face domestic abuse. If there is one message that we all want to go out from this place today, it is that we will accept no excuse for domestic abuse against anyone, whether physical, emotional or financial. It will simply not be tolerated.

In the time I have been involved in the Bill, I am happy to acknowledge that the Government have moved their position in several significant ways, and I am particularly pleased to see children now included on the face of the Bill, because we all recognise the impact that domestic abuse can have on them.

I also acknowledge the fact that the Government have listened to calls from the Liberal Democrats to improve protection of abuse survivors in family courts, where often perpetrators have been able to continue to coerce and control the person they have abused. However, there are still significant changes that many of us in this House would like to see—I will come on to migrant women in a moment—but we also want to strengthen support available from local authorities and measures to support teenagers involved in relationships that are abusive.

As I said, most importantly before us today are the amendments particularly relating to migrant women who encounter domestic abuse. That could enable the ratification of the Istanbul convention—it is now eight years or more since this country signed it. On that subject, I would specifically like to mention new clauses 26 and 27. I am mindful of the Minister’s comments on supporting the support for migrant women scheme, and I look forward to seeing that come to fruition, but new clause 26 would give migrant women who survive domestic abuse the right to remain in this country.

I note that the Government said in their letter that they did not believe a blanket proposal was appropriate, but as Amnesty International points out, expanding the domestic violence rule to offer leave to remain to all survivors is by far the simplest and surest way to stop anyone falling through the cracks. During covid-19, we have seen that it is all too easy for people to do that, regardless of good intentions.

The other relevant new clause I would mention is new clause 27, which would prevent the sharing of data between Government agencies such as the police and the Home Office and reassure those afraid to come forward and report violent and unacceptable abuse for fear that their immigration status might be investigated and they could ultimately be deported. How can we help people? What would it matter what steps were put in place to support them when they are too afraid to come forward in the first place? Surely we must offer those facing the most horrific of personal circumstances the comfort and security of knowing that they will be helped unconditionally. Numerous charities, such as Southall Black Sisters, End Violence against Women and other organisations, have called for these measures, and we heard heart-breaking evidence in Committee from a woman who had come here from Brazil only to find herself eight years later facing the most difficult of situations because of domestic abuse. I believe the Bill can change that, and all survivors of domestic abuse, regardless of where they come from or who they are, must have the same protection in law.

There is one other vital issue and that is misogyny as a hate crime, in the amendment in the name of the hon. Member for Walthamstow (Stella Creasy), which I have supported throughout the passage of the Bill. The reason is simple for me: if we are truly to tackle domestic abuse effectively—not just respond after the fact but prevent it in the first place—we have to understand where it comes from. That is the aim of amendment 35 in requiring police to record and act on offences that are motivated by misogyny—a hatred and disregard for women. It has been in place in Nottinghamshire since 2016, and campaigners there say that the approach has given women the confidence to report abuse.

In commending those various amendments to the House, I would also like to pay tribute to the right hon. Member for Maidenhead (Mrs May) and hope that when we conclude the proceedings she is happy with what we have done with the Bill she first brought forward.