European Agenda on Migration
Baroness Laing of Elderslie Excerpts(8 years, 8 months ago)
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Madam Deputy Speaker (Mrs Eleanor Laing)
I inform the House that Mr Speaker has not selected the amendment in the name of Douglas Carswell.
Riot Compensation Bill
Baroness Laing of Elderslie Excerpts(8 years, 8 months ago)
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Madam Deputy Speaker (Mrs Eleanor Laing)
Order. We cannot have conversations between Members. If the hon. Gentleman is intervening, that is absolutely fine, but we cannot have a running commentary between Members.
Dr Huq
Thank you, Madam Deputy Speaker. I will continue.
Now the place is half the size and split into two units, although the takings are thankfully back to normal. As my hon. Friend the Member for Croydon North said, further follow-up financial support should be considered at local government level. I have not found any measure proposing that in the Bill, although perhaps I have not looked at it closely enough. Ealing council’s panel report said that larger sums were available in subsequent phases—£157,426 of allocations in total.
I accept that the problem with these sort of events is that they are unforeseeable. Nobody would have guessed on 7 August that this would have happened by 8 August: these things occur out of the blue. We are living in a time when local government budgets are being squeezed like never before, so I would be interested to hear how this Bill fits with local government provision. Ealing is losing £96 million in this parliamentary term.
Clause 8 sets the limits for damages at £1 million, as the hon. Member for Dudley South described. Disappointingly, however, subsection (2) states that the
“compensation must reflect only the loss directly resulting from the damage”
to the property and
“not…any consequential loss resulting from it.”
That is disappointingly short of what Ravi and others said would have made a real difference. Perhaps in extreme cases such as these, an agreement could be reached with the insurers for a limited amount more. It need not all come as a burden to the public purse, as some allowance could be made for special cases.
Immigration Bill
Baroness Laing of Elderslie Excerpts(8 years, 8 months ago)
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Madam Deputy Speaker (Mrs Eleanor Laing)
With this it will be convenient to discuss the following:
Government new clause 4—Duty to provide information for the purposes of transfers of responsibility.
Government new clause 5—Request for transfer of responsibility for relevant children.
Government new clause 6—Scheme for transfer of responsibility for relevant children.
Government new clause 7—Extension to Wales, Scotland and Northern Ireland.
New clause 1—Extended criteria for refugees joining refugee sponsors—
‘(1) Rules made by the Secretary of State under section 3 of the Immigration Act 1971, shall make provision for persons outside the United Kingdom to apply for family reunion with persons recognised as refugees in the United Kingdom, or granted humanitarian protection in the United Kingdom on or after 30 August 2005, who are their children, grandchildren, parents, grandparents, spouses, civil or unmarried partners or siblings.
(2) Rules made under subsection (1) may—
(a) make provision for dependants of the persons therein mentioned;
(b) make provision for a person who the Secretary of State is satisfied was a dependant of the refugee or person granted humanitarian protection or a member of their household at the time the refugee or person granted humanitarian protection left the country of his habitual residence;
(c) restrict provision for siblings applying to join family in the UK to those who have not formed their own independent family unit outside of the UK.
(3) Family members seeking leave to enter or remain in the United Kingdom must—
(a) be applicants who would not be excluded from protection by virtue of article 1F of the United Nations Convention and Protocol relating to the Status of Refugees if he were to seek asylum in his own right;
(b) be applicants who would not be excluded from humanitarian protection for any reason in the immigration rules in the United Kingdom.’
This new clause would allow those separated from their family, and who have refugee or humanitarian protection status in the UK, to sponsor family members beyond spouses or under-18 children to join them. It would also remedy an anomaly that prevents children with refugee status in the UK from sponsoring their parents to join them.
New clause 11—Review of rules relating to refugee family reunion—
‘(1) The Secretary of State must undertake a review of the current rules on refugees or those granted humanitarian protection reuniting with close family members in the UK.
(2) The review under subsection (1) must consider—
(a) the failure to implement Dublin Convention III, which allows for spouses or children under 18 with refugee status or those granted humanitarian protection to be reunited with family members in the UK;
(b) options for allowing British citizens to sponsor close family members recognised as refugees or granted humanitarian protection; and
(c) options for extending the criteria for family reunion to include children, grandchildren, parents, grandparents, spouses, civil or unmarried partners or siblings who have refugee status or have been granted humanitarian protection and have close family members in the UK.
(3) This review under subsection (1) must be completed and a copy must be laid before Parliament within six months of this Act receiving Royal Assent.’
Amendment 29, page 40, line 14, leave out clause 37.
Government amendments 5 and 6.
Amendment 31, in schedule 8, page 109, line 29, leave out from “(6)” to end of line 30 and insert—
(none) “, for “section 4 or 95” substitute “section 95”;
(iii) in subsection (7) for “section 4 or 95” substitute “section 95 or 95A”.”
See explanatory statement for amendment 30.
Amendment 40, page 112, line, leave out sub-paragraph (5).
This amendment ensures that families with children under 18 receive section 95 support until they leave the country.
Amendment 30, page 113, line 13, at end insert—
‘(2A) If the Secretary of State decides not to provide support to a person or not to continue to provide support to them, under this section , the person may appeal to the First Tier Tribunal.’
To reinstate a right of appeal against Home Office decisions to provide support (under Section 95 or new 95A).
Amendment 2, page 119, line 21, at end insert—
‘(43A) The Immigration Act 1971 is amended as follows.
(43B) After section 3(9) (general provisions for regulation and control) insert—
“(10) In making rules under subsection (2), the Secretary of State must have regard to the following.
(11) Rules must provide for persons seeking asylum, within the meaning of the rules, to apply to the Secretary of State for permission to take up employment (including self-employment and voluntary work) and that permission must be granted if—
(a) a decision has not been taken on the applicant’s asylum application within six months of the date on which it was recorded, or
(b) an individual makes further submissions which raise asylum grounds and a decision on that fresh claim or to refuse to treat such further submissions as a fresh claim has not been taken within six months of the date on which they were recorded.
(12) Permission for a person seeking asylum to take up employment shall be on terms no less favourable than those upon which permission is granted to a person recognised as a refugee to take up employment.”’
Amendment 42, in schedule 9, page 121, line 26, leave out paragraph 2.
This amendment removes those provisions added by Schedule 9 that would prevent local authorities providing leaving care support under the Children Act 1989 to young people who are not asylum seekers and do not have leave to remain when they reach the age of 18 years.
Government amendment 7.
Amendment 43, page 122, leave out lines 16 to 34.
This amendment removes those provisions added by Schedule 9 to the Immigration Bill that would prevent local authorities providing leaving care support under the Children Act 1989 to young people who are not asylum seekers and do not have leave to remain when they reach the age of 18 years.
Amendment 44, page 122, line 46, at end insert
‘and,
(c) he entered the UK as an adult.’
This amendment enables local authorities to provide leaving care support under the Children Act 1989 to young people who do not have leave to remain and are not asylum seekers.
Government amendments 8 to 12.
Amendment 45, page 124, leave out from line 11 to line 13 on page 125 and insert—
‘10B The Secretary of State shall provide adequate funding to local authorities to enable them to meet their duties under the Children Act 1989 to persons who do not have leave to enter or remain and are not asylum seekers.’
This amendment provides for the Secretary of State to make funding available to local authorities, as the specialist agency responsible for care leavers, to meet the duties set out in the Children Act 1989 in relation to young people who do not have leave to remain and are not asylum seekers.
Government amendments 13 to17.
New clause 2—Automatic deportation under the UK Borders Act 2007—
‘(1) Section 32 of the UK Borders Act 2007 is amended as follows.
(2) In subsection (2) substitute “12” for “6”.’
This new clause would require that non-British citizens who commit offences and are sentenced to 6 months in prison are deported automatically.
New clause 10—Offence of presence in the United Kingdom without legal authority—
‘(1) Any person who is present in the United Kingdom after 1 June 2016 without legal authority shall be guilty of an offence.
(2) Any person who after 1 June 2016 enters or attempts to enter the United Kingdom without legal authority shall be guilty of an offence.
(3) A person guilty of an offence under subsection (1) is liable on summary conviction—
(a) to imprisonment for a term not exceeding six months;
(b) to a fine which in Scotland or Northern Ireland may not exceed £5,000, or to both.
(4) Any person who is convicted of an offence under subsection (1) shall be subject to a deportation order unless the Secretary of State deems such a deportation order to be against public interest.
(5) For the purposes of subsection (2) above, a deportation order shall be deemed to be in the public interest unless a certificate to the contrary has been submitted by the Secretary of State to the court.’
This new clause makes provision for criminal sanctions including deportation orders against those who have entered the United Kingdom illegally or who remain in the United Kingdom without legal authority. It adds to the existing offences under Section 24 of the Immigration Act 1971.
New clause 12—Right of residence: registration certificates—
‘(1) Section 7 of the Immigration Act 1988 is repealed.
(2) Notwithstanding the provisions of the European Communities Act 1972, or any other enactment, any non-UK citizen resident in the United Kingdom without authority to remain in the United Kingdom provided by a valid visa, visa waiver, residence permit or other official permission must apply for a registration certificate to confirm their right of residence in the United Kingdom.
(3) The Secretary of State shall by regulations prescribe the content of application forms for registration certificates and for the grounds on which an application made may be granted or refused and arrangements for appeals and final adjudications.
(4) The Secretary of State shall establish the registration certificate scheme, comprising the matters mentioned in subsection (3) and such other matters as he thinks necessary and expedient, by 30 November 2016.
(5) Any person present in the United Kingdom after 31st December 2016 without legal authority or without having applied on or before 31st December 2016 for a registration certificate under subsection (2) above shall be guilty of an offence.
(6) Any person who, after 31st December 2016, enters or attempts to enter the United Kingdom without legal authority shall be guilty of an offence.
(7) A person guilty of an offence under subsections (5) or (6) is liable on summary conviction—
(a) to imprisonment for a term not exceeding six months; or
(b) to a fine which in Scotland or Northern Ireland may not exceed £5,000; or
(c) to both.
(8) Any person who is convicted of an offence under subsections (5) or (6) shall be subject to a deportation order unless the Secretary of State deems such a deportation order to be against the public interest.
(9) For the purposes of subsection (8) above, a deportation order shall be deemed to be in the public interest unless a certificate to the contrary has been submitted by the Secretary of State to the Court.
(10) Any power to make regulations under this section is exercisable by statutory instrument.
(11) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’
New clause 14—Minimum income requirement for partner visas—
‘(1) The Secretary of State shall within six months after this Act receives Royal Assent amend the Immigration Rules regarding a person applying for entry clearance to, leave to remain in or indefinite leave to remain in the UK as the non-EEA national partner or dependent child of a person who is—
(a) a British citizen; or,
(b) present and settled in the UK; or
(c) in the UK with refugee leave or humanitarian protection
to make provision as set out in this section.
(2) The minimum annual income requirement—
(a) for the sponsor of the partner shall be the equivalent of one year’s full-time salary (net of tax and national insurance contributions, and allowing for four week’s holiday) at the rate of the National Minimum Wage as it applies to that individual;
(b) for the first child in addition to the partner the additional sum of £2,500;
(c) for each further child the additional sum of £2000.
(3) The minimum annual income requirement as specified in subsection (b) may include financial support from third parties.
(4) In this section “full-time” will mean 35 hours a week.’
New clause 15—Adult dependant relative visas—
‘(1) The Secretary of State shall within six months after this Act receives Royal Assent amend the Immigration Rules regarding Entry Clearance in respect of an adult dependant relative of a person who is—
(a) a British Citizen; or,
(b) a person settled in the UK; or
(c) in the UK with refugee leave or humanitarian protection
to make provision as set out in this section.
(2) The Immigration Rules for persons specified in subsection (a) must not require as condition for entry that in the country where they are living—
(a) the required level of care is not available;
(b) there is no person in that country who can reasonably provide the required level of care;
(c) the required level of care is not affordable.
(3) The applicant shall be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds for five years.’
Amendment 39, in clause 20, page 25, line 18, at end insert—
‘(2A) In paragraph 2(2) after “examine” insert “at the point of entry into the United Kingdom.’
This amendment would end the practice of conducting speculative, in-country spot-checks and restrict the power to the point of entry into the UK.
Amendment 36, in clause 25, page 32, leave out lines 20 to 23.
This amendment removes proposed extension of powers of relevant officers—custody officers, prison officers or prisoner custody officers—to conduct strip searches of detainees for documents which “might” establish a person’s nationality or indicate “the place from which the person travelled to the UK or to which a person is proposing to go”.
Government amendments 3 and 4.
Amendment 27, page 39, line 6, leave out clause 34.
Amendment 28, in clause 34, page 39, line 19, at end insert—
‘(5A) After subsection (3) insert new subsection—
“(3A) Before a decision is taken to certify a human rights claim the Secretary of State must obtain a multi-agency best interests assessment in relation to any child whose human rights may be breached by the decision to certify.”’
To make sure that before a decision is made to certify any claim for out of country appeal, the best interests of any child affected by this decision must be considered.
Amendment 34, in clause 58, page 50, line 11, at end insert—
‘(3A) Part 7 shall not come into force in Scotland without the consent of the Scottish Parliament.’
To prevent language requirements on public sector workers applying in Scotland without the consent of the Scottish Parliament.
Amendment 1, in clause 59, page 50, line 18, leave out subsection (2).
Amendment 37, in schedule 7, page 97, line 9, at end insert—
‘( ) The following provisions apply if a person is detained under any provisions set out in paragraph (current paragraph 1(1))—
(a) the Secretary of State must arrange a reference to the First-tier Tribunal for it to determine whether the detained person should be released on bail;
(b) the Secretary of State must secure that a first reference to the First-tier Tribunal is made no later than the eighth day following that on which the detained person was detained;
(c) if the detained person remains in detention, the Secretary of State must secure that a second reference to the First-tier Tribunal or Commission is made no later than the thirty-sixth day following that on which the detained person was detained and every twenty-eighth day thereafter;
(d) the First-tier Tribunal hearing a case referred to it under this section must proceed as if the detained person had made an application to it for bail; and
(e) the First-tier Tribunal must determine the matter—
(i) on a first reference, before the tenth day following that on which the person concerned was detained; and
(ii) on a second and subsequent reference, before the thirty-eighth day following that on which he was detained.
( ) For the purposes of this paragraph, “First-tier Tribunal” means—
(a) if the detained person has brought an appeal under the Immigration Acts, the chamber of the First-tier Tribunal dealing with his appeal; and
(b) in any other case, such chamber of the First-tier Tribunal as the Secretary of State considers appropriate.
( ) In the case of a detained person to whom section 3(2) of the Special Immigration Appeals Commission Act 1997 applies (jurisdiction in relation to bail for persons detained on grounds of national security) a reference under sub-paragraph (3)(a) above, shall be to the Commission and not to the First-tier Tribunal.
( ) Rules made by the Lord Chancellor under section 5 of the Special Immigration Appeals Commission Act 1997 may include provision made for the purposes of this paragraph.’
This amendment makes provision for automatic judicial oversight of detention after eight days, then after a further 28 days, and every 28 days for so long as detention lasts.
Amendment 38, page 102, line 9, leave out sub-paragraphs (1) to (3) and insert—
‘(1) The Secretary of State must provide, or arrange for the provision of, facilities for the accommodation of persons released on immigration bail.’
This amendment makes provision for an impecunious detainee to be furnished with an address to facilitate their applying for bail, without which they are unlikely to be granted bail.
James Brokenshire
In this part of the debate we turn to amendments and new clauses concerning the asylum system and the arrangements made for the support of failed asylum seekers who the courts have agreed do not need our protection.
The crisis in Syria and events in the middle east, north Africa and beyond have seen an unprecedented number of migrants and asylum seekers arriving in Europe. Some have gone on to reach the UK via northern France, including many unaccompanied asylum-seeking children. There are now nearly 1,000 unaccompanied asylum-seeking children in Kent County Council’s care, 300 of whom have had to be placed in other local authority areas. I would like to put on record my thanks to all those in Kent—all the officers and others—for the way in which they have responded to this challenge, but in our judgment a national response is required.
Additional funding has been made available to local authorities who take on responsibility for unaccompanied asylum-seeking children from Kent. We hope that the dispersal arrangements that have been put in place will remain voluntary. However, we have tabled new clauses 3 to 7 and Government amendments 5 and 6 to underpin the voluntary dispersal arrangement and, if necessary, enforce them, although we see this as a reserve backstop power. The amendments introduce a new power to facilitate the transfer of unaccompanied asylum-seeking children from one local authority to another; enable the Secretary of State to direct local authorities to provide information about their support to children in their care—this will inform new transfer arrangements; enable the Secretary of State to direct a local authority that refuses to comply with a request to accept an unaccompanied asylum-seeking child to provide written reasons; enable the Secretary of State to require local authorities to co-operate in respect of transfers; and enable the provisions to be extended across the UK by regulations, subject to the affirmative procedure and informed by further dialogue with the devolved Administrations.
Policing
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Kate Hollern
Absolutely. It is an absolute nonsense that Lancashire should be penalised because of a flawed formula.
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. I have a word of advice for the hon. Lady. Interventions must be short, because there are a great many people wishing to speak this afternoon. For future reference, during an intervention it is not acceptable to take another intervention from someone from a sedentary position however amusing it might be to the House. I am sure that the hon. Lady will now conclude her intervention and hand back to the shadow Secretary of State.
Andy Burnham
I am glad that my hon. Friend made that intervention, because it was a really important one and those on the Government Front Bench needed to hear it. They all shook their heads when she gave that figure of £25 million. Lancashire is not making that up. People are not speaking out for the sake of it. Doubtless the Government will want to accuse them of scaremongering, but this is nothing of the sort. Senior police are speaking out about what is happening. They can see that the proposed budget cuts, combined with the new funding formula, could seriously destabilise community and neighbourhood policing.
Several hon. Members rose—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. Before I call the spokesman for the Scottish national party, it might be helpful for the House to know that after Mr Arkless has spoken there will be a time limit on Back-Bench speeches of six minutes.
Immigration Bill
Baroness Laing of Elderslie Excerpts(8 years, 10 months ago)
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Kirsten Oswald
Thank you very much for giving way. I would just like to be clear that you are not suggesting that only people from North Dorset should be employed in the health services in North Dorset.
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. Before the hon. Gentleman responds, let me say that I have not yet reprimanded any particular Member for doing this, but now that it has happened several times, I must remind the House that when you use the word “you”, it is in the second person and you are referring to the Chair. It is in primary level 3 English lessons. “You” is the person to whom you are talking, and in here you are talking to the Chair. If you wish to refer to an hon. Member, it is “he”, “she”, or “it”.
Simon Hoare
Shall we split the difference, Madam Deputy Speaker, and go for “it”?
Given that my part of Dorset has the highest number of retired people in the country, if we pressed everybody of working age into the national health service we would be very understaffed. This issue goes across the country and, indeed, all parts of the United Kingdom.
Provisions relating to private letting and the banks are a key part of the Bill. Yes, some in the affected sectors—plural—may bleat about it, but the Government are placing an important obligation on their shoulders. This is clearly an issue, because previous Governments have tried to address it, but the Government cannot deal with it by themselves; other agencies and people involved in British commercial and public life need to help deal with illegal immigration.
We are fortunate that the two Ministers who will pilot this Bill through the Committee stage—the Minister for Immigration and the Solicitor General—are humane and compassionate individuals. I have no doubt that they would never put their names to something that they thought would result in some of the Armageddon-like scenes suggested by Labour Members. The Bill addresses a pressing problem in a prudent and pragmatic way. It deserves the support of the House.
Several hon. Members rose—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. It is customary for hon. Members to stand if they wish to be called. I call Suella Fernandes.
Several hon. Members rose—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. I am afraid I have to reduce the time limit to four minutes.
Modern Slavery Bill
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Madam Deputy Speaker (Mrs Eleanor Laing)
With the leave of the House, I will call the Minister briefly to speak again and answer the debate.
Karen Bradley
Thank you, Madam Deputy Speaker. I am grateful that you have given me the House’s leave to respond to the points raised.
I am grateful to all right hon. and hon. Members who have spoken in the debate. I know, as do we all, that there is a shared desire across this House and the other place to protect all victims of modern slavery. I will endeavour to address as quickly as I can the specific concerns raised, but I first want to note the point made by my right hon. Friend the Member for Meriden (Mrs Spelman) about the pre-legislative scrutiny committee’s various recommendations. She made the important point that the vote and recommendations for the committee took place before the Bill was published and the Government amendments were framed—before the review was announced and before the amendment in lieu we are debating today. I want to put on record my thanks and to pay my tribute to the members of the pre-legislative scrutiny committee, the Bill Committee and Members in the other place who have helped the Government to amend the Bill, making it a stronger and better Bill as a result.
The right hon. Member for Slough (Fiona Mactaggart) talked about not ratifying the International Labour Organisation’s convention on domestic workers. She will know that we do not believe that ratifying it would strengthen the extensive measures we already have in the UK to prevent slavery and human trafficking. We believe we go further in respect of slavery and human trafficking than the convention asks for. It is important to strike the right balance between protecting vulnerable workers and ensuring that aspects of employment law which can carry criminal sanction are not extended to private households. Ratifying the convention would require the imposition of unnecessarily onerous obligations on, for example, people employing home helps or personal carers, and would be neither practical nor proportionate.
The right hon. Lady also said that she did not consider a six-month visa for victims to be sufficiently long. The Government’s initial intention is to grant a six-month visa to enable victims to earn some money and begin to rebuild their lives as they plan their return home. We believe this to be an appropriate period. It is of course the maximum time for which an overseas domestic worker visa is usually issued—they are issued for six months, and we will proceed with six months. We will of course consider any recommendations that James Ewins makes in his review as to whether the period should be varied, along with other evidence put forward. Six months is the minimum, and it can be amended in immigration law.
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. Members have put many questions to the Minister during a long debate. She is now answering them, and the House should have the courtesy to listen to her.
Karen Bradley
Thank you, Madam Deputy Speaker.
As I was saying, I am slightly confused. It worries me that we are having a debate about immigration when we should be debating slavery, which is what this Bill is about.
Karen Bradley
I beg to move, That this House agrees with Lords amendment 1.
Madam Deputy Speaker (Mrs Eleanor Laing)
With this it will be convenient to consider Lords amendments 2 to 71 and 73 to 95.
Karen Bradley
These are the amendments that the Government introduced in the other place to improve the Bill. They focus particularly on strengthening the provisions on support and protection for victims. They were broadly welcomed across the parties in the other place and they also deal with many issues raised in debates in this House. I shall not go through them in detail now but will, with the leave of the House, respond to specific points at the end of the debate. I hope that right hon. and hon. Members will feel able to welcome them.
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. Before I call the next speaker, it will be obvious to the House that we have limited time left. Three of the Members who have indicated that they wish to speak now have spoken at some length on the last group of amendments. If Members wish to hear what the Minister has to say in response to their questions, I hope they will have the courtesy to leave a few minutes for her to reply, in which case no one should speak for more than three minutes.
Anas Sarwar (Glasgow Central) (Lab)
I do not intend to speak for very long at all, Madam Deputy Speaker, but I just want to touch on a few aspects, particularly around the supply chain amendments and how they relate to our commitment as a country and as a Government to our international development obligations. It is right that we seek to increase opportunity right across the world, but we have to accept that many of the systems we adopt domestically perpetuate poverty and the cycle of deprivation in some of the poorest and most vulnerable places around the world. One example of that is supply chains.
This debate comes between Fairtrade fortnight and the anniversary of the Rana plaza disaster, when 1,200 workers lost their lives putting together garments, many of which were going to be worn in Britain. That is why these amendments are so important, and I welcome many of the changes that have come from the Government, although I agree with the shadow Minister, my right hon. Friend the Member for Delyn (Mr Hanson), that they could have gone a lot further.
The fact that 80 billion garments a year are produced globally, that there are 168 million child workers and that 85 million of them are working in hazardous conditions and that over 4 million aged between four and 14 are working in India alone shows the scale of the challenge. If we are to be serious about our international obligations, we must make sure our domestic legislation helps to shape and fight for the right things across the world. We must ensure that everyone has access to a decent job, fair pay and the right to join a trade union.
On that point, it is unacceptable in the midst of such a debate, in which I welcome many of the Government’s proposals, that we see the ideological scrapping of central budget support for the International Labour Organisation, which helps to promote workers’ rights around the globe. If we come into government on 7 May—as I hope we will—I am sure we will reverse that funding cut, and I hope a Government of any other colour would do so, too.
I want to say a bit about the sustainability of putting not only voluntary but mandatory entitlements on companies. Companies must meet their full obligations and there should be some kind of certification mechanism for well-behaved companies to be recognised, but bad practice must be exposed and outlawed. That will give the public the same confidence that they have about cocoa, chocolate and wine through Fairtrade fortnight. We should have the same confidence about all those things we acquire from across the globe.
I see that my three minutes have arrived, Madam Deputy Speaker. In closing, I welcome the Government amendments. They could have gone a lot further, but let us hope that this is the start of an opportunity to improve life chances of workers not just here, but across the globe.
Counter-Terrorism (Statutory Instruments)
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The Minister for Security and Immigration (James Brokenshire)
I beg to move,
That the draft Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015, which were laid before this House on 2 March, be approved.
Madam Deputy Speaker (Mrs Eleanor Laing)
With this we shall consider the following motions:
That the draft Passenger, Crew and Service Information (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.
That the Counter-Terrorism and Security Act 2015 (Code of Practice for Officers exercising functions under Schedule 1) Regulations 2015 (S.I., 2015, No 217), dated 12 February 2015, a copy of which was laid before this House on 12 February, be approved.
That the draft Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015, which was laid before this House on 27 February, be approved.
That the draft Aviation Security Act 1982 (Civil Penalties) Regulations 2015, which were laid before this House on 2 March, be approved.
James Brokenshire
The statutory instruments appear on the Order Paper under the names of the Home Secretary and the Transport Secretary. This secondary legislation has been introduced to implement measures in the Counter-Terrorism and Security Act 2015. The measures were debated by the House recently and the primary legislation was enacted on 12 February. During Parliament’s consideration of the legislation, there was widespread recognition of the threat from terrorism and broad support for the measures. The instruments bring to life some of those important provisions. In passing that legislation in February, the House accepted the need for those powers.
The Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015 bring into force the authority to carry scheme. The regulations are provided for in section 23 of the 2015 Act, and the purpose of the scheme is to prevent or disrupt travel to and from the UK by individuals who pose a terrorism-related or other threat to the UK. It also mitigates the threat of terrorist attacks against aircraft and, should the threat change, ships and trains expected to arrive in or leave the UK.
Authority to carry is now an important element of our counter-terrorism strategy. The new 2015 scheme allows us to respond to the changing threat and prevent individuals who might pose a terrorism-related or other threat from boarding flights from, as well as to, the UK. In order to remain responsive to changes in the threat, it is necessary to include international rail and maritime. The expanded scope of the scheme places outbound no-fly arrangements on a statutory footing and extends the operation of the authority to carry scheme to a broader range of individuals who pose a terrorism-related or other threat to the UK, including British nationals.
The protection of children assessed to be at risk of travelling abroad for the purposes of involvement in terrorism-related activity is clearly paramount. The new scheme will enable us to prevent the travel of minors considered at risk of going abroad to join terrorist groups. That might follow a referral from their family or it might be based on intelligence. The intention is not to criminalise children, but to enable the police to intervene before travel and use protective custody powers until they are able to return the child to their family.
In addition to the categories of individuals included in the 2012 scheme, authority to carry to the UK may be refused in respect of: individuals who are assessed by the Secretary of State to pose a direct threat to the security of an aircraft, ship or train, or to persons or property on board; individuals who are the subject of a temporary exclusion order made under chapter 2 of the new Act; individuals excluded from the UK or subject to a deportation order; and all individuals who are subject to international travel bans, as well as individuals who are using an invalid travel document or one that is being used fraudulently for the purpose of travelling to the UK.
The new scheme will, for the first time, require carriers to seek authority to carry individuals from the UK. The penalty for breaching any requirement under the scheme will be set out in further regulations, which we expect to debate next week.
The second measure is the Passenger, Crew and Service Information (Civil Penalties) Regulations 2015. They establish civil sanctions that may be imposed upon carriers that fail to comply with a requirement to provide information under the Immigration Act 1971 or the Immigration, Asylum and Nationality Act 2006. They will complement existing criminal offences. The regulations allow the Secretary of State to impose a civil penalty not exceeding £10,000 for each breach, but a carrier may not be required to pay a penalty if it has a reasonable excuse or has otherwise been penalised for the same breach.
I will now turn to the regulations that bring into operation the code of practice in relation to the exercise of powers under schedule 1 to the Counter-Terrorism and Security Act 2015. These powers are exercisable at the border area of Northern Ireland and at ports throughout the UK. They allow for the seizure and temporary retention of travel documents when there is reasonable suspicion that the person intends to travel to engage in terrorism-related activity outside the UK. Officers exercising the power are required to follow the code.
That statutory instrument was made and laid before Parliament under the made affirmative procedure on the day of Royal Assent and came into force the next day—13 February—bringing the code of practice into operation on the same day. The made affirmative procedure made that power available to law enforcement agencies as soon as possible, properly safeguarded by the detailed code of practice. I can confirm to the House this afternoon that the power has already been used. Obviously, I cannot give details of the particular circumstances, but I believe that this demonstrates that we were right to bring forward this piece of legislation and to bring it into force at the earliest opportunity.
The Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015 gives effect to a revised code of practice for examining and review officers who exercise powers under schedule 7 to the Terrorism Act 2000, as amended by the 2015 Act. As a result of amendments made to schedule 7 by the 2015 Act, changes have been made to the schedule 7 code of practice. The code before us today contains new guidance that reflects provisions in the Act concerning the location of goods examinations. The guidance includes express provision for where goods examinations may take place. It also provides the Secretary of State with a power to designate a location as a place where goods examinations may be carried out, if the Secretary of State reasonably believes that to be necessary.
Finally, the draft Aviation Security Act 1982 (Civil Penalties) Regulations create a civil penalty scheme for addressing non-compliance with certain security directions or information requests made by the Secretary of State under the Aviation Security Act 1982 in relation to inbound flights. The Secretary of State would have the power to impose a penalty of a maximum of £50,000. Specifically, penalties could be issued where, in respect of an inbound flight to the UK, a carrier has failed to comply either with a request for information or a direction requiring that certain security measures are applied, for example security screening. The threat to aviation from terrorism remains serious. The regulations will help to ensure that the Government can enforce their power to specify certain security measures for flights operating to the UK where necessary.
These instruments are needed to implement measures in, or consequential to, the Counter-Terrorism and Security Act 2015. They will help the Government and law enforcement agencies to keep the country safe from terrorism. I commend these instruments to the House. They will assist in our response to the continuing threat from terrorism. I beg to move that they be approved.
Counter-terrorism and Security Bill
Baroness Laing of Elderslie Excerpts(9 years, 6 months ago)
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Yasmin Qureshi
I am sorry, but I have only a little time, and I have something to say that is different from what everybody else has said, so I would like to be able to take the opportunity to say it.
People do not seem to appreciate that a lot of these people are mentally unbalanced and have other issues. The Prevent programme has shown that spying on young people, taking them in and questioning them incessantly simply traumatises them—I have spoken to some of them. It does not help them in any way, shape or form, and it makes them even more frightened to say anything. Programmes like Prevent, in channelling people’s thoughts or what they say, are effectively stopping them discussing things. If I come across somebody who has a certain view and take the law enforcement agencies or the local authorities to them, they will clam up and we will not hear anything that they have to say. These things are completely counter-productive. The former director general of MI5, the noble Baroness Eliza Manningham-Buller, is not somebody who does not know what she is talking about. She and a number of people like her have said that Prevent does not work and we do not need it. If people do not want to listen to me, why cannot they listen to people like her and intelligence officers who have been involved in these kinds of things and say that ideology is not the reason behind them?
Finally, I want to talk about an aspect of the Bill that I hope the Home Secretary will reassure me about—part 4, on ships and aviation. I hope that these provisions will not end up stopping people from a particular country being able to travel to this country. Some of my constituents have expressed the fear that if certain parts of part 4 are applied, the way that the law is currently worded could allow people to say that because people from one particular country are coming here with some issues and challenges—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. I hesitate to interrupt the hon. Lady, but perhaps she does not realise that this is a very short debate. I trust that she will soon be coming to a conclusion.
Yasmin Qureshi
I thank you for your indulgence, Madam Deputy Speaker.
I hope that the way the provisions in part 4 are put together will not lead to airlines or countries saying, “We will not allow people from this particular country to travel here.” I hope that reassurance will be provided in the guidelines that are produced later on.
I know that what I am saying may be different from the conventional view of some people in this House. However, as somebody who talks to young people all the time and deals with people who commit criminal offences, defending and prosecuting, I have a very good knowledge of the criminal justice system and the people who often come into it. Most of them are unhinged and most have problems. Prevent is the worst possible thing to put on to a statutory footing. It will criminalise people. I do not often agree with Peter Hitchens of the Daily Mail, but I agreed with his article of 15 January where he said that these kinds of things are going to lead to people being banged up, and in 10 years time we will ask how that happened. It happened, I am sorry to say, because not enough people in this House got up and said that Prevent is a bad idea and the whole process of looking at these things is wrong.
Counter-Terrorism and Security Bill
Baroness Laing of Elderslie Excerpts(9 years, 7 months ago)
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Diana Johnson (Kingston upon Hull North) (Lab)
I beg to move amendment 7, page 15, line 21, leave out subsection (5) and insert—
‘(5) Before giving guidance under this section, or revising guidance already given, the Secretary of State must lay before Parliament—
(a) the proposed guidance or proposed revisions; and
(b) a draft of an order providing for the guidance, or revisions to the guidance, to come into force.
(6) The Secretary of State must make the order, and issue the guidance or (as the case may be) make the revisions to the guidance, if the draft of the order is approved by a resolution of each House of Parliament.
(7) Guidance, or revisions to guidance, come into force in accordance with an order under this section.
(8) Such an order—
(a) is to be a statutory instrument; and
(b) may contain transitional, transitory or saving provision.”
This would ensure that statutory guidance produced under Clause 24 was subject to an affirmative resolution of each House.
Madam Deputy Speaker (Mrs Eleanor Laing)
With this it will be convenient to discuss amendment 6, in clause 29, page 17, line 29, leave out subsection (7) and insert—
‘(7) To support panels exercising their functions under this section the Secretary of State must—
(a) provide guidance on the exercise of those functions;
(b) provide a list of approved providers for de-radicalisation programmes that may be referred to under subsection (4); and
(c) ensure that the providers listed under paragraph (b) are subject to monitoring.”
This would give a greater role to the Secretary of State in supporting the role of local support panels. The Secretary of State would have to provide guidance (rather than it being optional) and she would also have to provide a list of approved providers for de-radicalisation programmes and ensure they would be subject to monitoring.
Diana Johnson
Let me begin by expressing my horror at the terror attack that took place in Paris today. I am sure that the thoughts of the whole House will be with the family and friends of the victims of that attack, and, of course, we all stand in solidarity with the French people at this time.
Part 5 of the Bill contains measures to counter extremism in communities and to deal directly with vulnerable individuals. As Ministers will recall, it was the last Labour Government who introduced both the Prevent agenda and the Channel programme, and we remain absolutely committed to supporting and, indeed, strengthening both policies. Obviously the Government reviewed Prevent when they came to office, and it is important for us to view the measures in the Bill in the context of the changes that they introduced. I think that those changes are a rather mixed bag, and I am not sure that they were particularly successful.
Both Prevent and Channel require a partnership between central Government and local agencies, and amendments 7 and 6 are intended to ensure that the Government support local bodies in the delivery of both programmes. While we agree that Prevent should involve local delivery, it seems to us that the recent problems stem from central Government. There has been a marked decline in Prevent’s funding, which has fallen from £17 million a year to just £1 million. Some of that clearly resulted from a conscious decision, but there also appears to have been mismanagement. Every year £5.1 million has been allocated for local delivery, but I understand that over the past four years more than 60% of it has gone unclaimed.
In Committee, I raised a number of concerns about the delivery of Prevent at national level, and about the monitoring and support supplied by central Government to local agencies. I am sure that the Minister for Security and Immigration, the hon. Member for Old Bexley and Sidcup (James Brokenshire)—although I am pleased to see the Under-Secretary of State for the Home Department, the hon. Member for Staffordshire Moorlands (Karen Bradley) in the Chamber today—recalls that I spoke at length about my concern about the performance of the Department for Education. I do not want to go through all that again, but I think that the Government’s role should be formalised in the Bill so that we know what is expected of them.
Counter-Terrorism and Security Bill
Baroness Laing of Elderslie Excerpts(9 years, 7 months ago)
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Mr Hanson
This has been a useful debate, which is reflected in the fact that it has been longer than I expected. Significant concern has been expressed by right hon. and hon. Members on the Government Back Benches, by Liberal Democrat Members and by Opposition Members, including members of the Scottish National party. The hon. Member for Perth and North Perthshire (Pete Wishart) did not table any amendments to the Bill, so to criticise the Labour party for doing so is slightly unnerving.
Deep down, the Minister knows that he has lost the argument on this issue. The Government will return in another place with an amendment that will be broadly similar to what we have proposed today and that will have the approval of the Liberal Democrats and his own Back Benchers. That amendment will come back to this House and we will have another debate in a few weeks’ time in which we will once again agree that this is the right thing to do.
I wish to withdraw new clause 1, but the essence of this debate is new clause 3, on the appeal mechanism, so I wish to support new clause 3, give the House an opportunity to vote for what it will ultimately agree when another place has determined it and let this House today determine this policy. Therefore, I urge my right hon. and hon. Friends to vote in support of new clause 3, but I beg to ask leave to withdraw new clause 1.
Clause, by leave, withdrawn.
New Clause 3
Prior permission of the court
‘(1) This section applies if the Secretary of State—
(a) makes the relevant decisions in relation to an individual, and
(b) makes an application to the court for permission to impose measures on the individual.
(2) The application must set out a draft of the proposed TEO notice.
(3) The function of the court on the application is—
(a) to determine whether the relevant decisions of the Secretary of State are obviously flawed, and
(b) to determine whether to give permission to impose measures on the individual and (where applicable) whether to exercise the power of direction under subsection (9).
(4) The court may consider the application—
(a) in the absence of the individual;
(b) without the individual having been notified of the application; and
(c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.
(5) But that does not limit the matters about which rules of court may be made.
(6) In determining the application, the court must apply the principles applicable on an application for judicial review.
(7) In a case where the court determines that a decision of the Secretary of State that condition A, condition B, or condition C is met is obviously flawed, the court may not give permission under this section.
(8) In any other case, the court may give permission under this section.
(9) If the court determines that the Secretary of State‘s decision that condition D is met is obviously flawed, the court may (in addition to giving permission under subsection (8) give directions to the Secretary of State in relation to the measures to be imposed on the individual.
(10) 1n this section “relevant decisions” means the decisions that the following conditions are met—
(a) condition A;
(b) condition B;
(c) condition C; and
(d) condition D.”—(Mr Hanson.)
Brought up, and read the First time.
Question put, That the clause be read a Second time.
The House proceeded to a Division, and Madam Deputy Speaker having directed that the doors be locked—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. As there was a reason for the delay and a large number of Members were held up coming into the Chamber, we will unlock the doors.
Whereupon the doors were unlocked.
Mr Hanson
I beg to move amendment 10, page 30, line 14, schedule 1, at end insert—
“(c) the individual subject whose travel document has been removed may appeal against this decision in the courts over the evidence on which conditions in paragraph 2(1)(a) and (b) of this Schedule were met,
(b) the Secretary of State must by regulations make provisions about—
(i) the relevant court;
(ii) a time limit by which an appeal must have been heard;
(c) the power to make regulations under this section—
(i) is exercisable by statutory instrument;
(ii) includes power to make transitional, transitory or saving provision;
(d) a statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
This amendment would create the right for an appeal in court following a temporary seizure of a passport, and requires the Secretary of State to set out in regulations a relevant court and time limit by which an appeal must have been heard.
Madam Deputy Speaker (Mrs Eleanor Laing)
With this it will be convenient to discuss amendment 11, page 30, line 14, at end insert—
“(c) the individual subject whose travel document has been removed may appeal against this decision in the courts over the evidence on which conditions in paragraph 2(1)(a) and (b) of this Schedule were met,
(b) the appeal must have been heard within seven days of an application,
(c) the Secretary of State must by regulation make provisions about the relevant court,
(d) the power to make regulations under this section—
(i) is exercisable by statutory instrument;
(ii) includes power to make transitional, transitory or saving provision;
(e) a statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
This amendment would create the right for an appeal in court following a temporary seizure of a passport and require the appeal to have been heard within seven days.
Mr Hanson
The power to seize a passport is set out in clause 1 and schedule 1. For the sake of clarity, I reiterate that we support the general principle of seizure, provided there is sufficient evidence to warrant such action being taken by the officials listed in schedule 1. The question today, which we discussed in Committee, relates to proportionality and to the opportunity for individuals to make representations to officials on the reasons why the temporary seizure has been made. The decision to seize a passport is taken on evidence and on intelligence.
In Committee, we discussed—I hope we can revisit the discussion speedily today—the range of intelligence that could be linked to third party intelligence on the movement of an individual, or to intelligence secured by the agencies. There are a whole range of reasons for such intelligence to be gathered, but that does not necessarily mean that it is correct. There may be a range of reasons for mistakes or for concerns about intelligence. As we discussed in Committee, people may have legitimate reasons—weddings, business, tourism and so on—to travel abroad to areas with difficult challenges. I accept that it would be the exception and that if the Government or a qualifying officer seized a passport, it would be based on strong intelligence, but the purpose of the amendments is to provide a couple of options to put in place stronger oversight and appeal mechanisms for individuals who feel aggrieved. Amendment 10 would ensure a
“right for an appeal in court following a temporary seizure of a passport, and requires the Secretary of State to set out in regulations a relevant court and time limit by which an appeal must have been heard.”
Amendment 11 would do pretty much the same by creating
“the right for an appeal in court following a temporary seizure of a passport and require the appeal to have been heard within seven days.”
It is not only the Opposition who are concerned. In an article on 3 September, the right hon. and learned Member for Beaconsfield (Mr Grieve) wrote in support:
“Allowing police to confiscate passports at the UK border to prevent an aspiring young jihadi from leaving for Syria via Istanbul may be justifiable on good intelligence and a sensible extension of the home secretary’s powers. But unless there is some rapid means of review there must be the likelihood that mistakes will occur as the use of this administrative power increases and perfectly innocent young people will find their travel plans wrecked. We would be wise to insist on oversight, rapid review processes and compensation where justified.”