Antisocial Behaviour in Town Centres

Esther McVey Excerpts
Wednesday 26th April 2023

(1 year, 2 months ago)

Westminster Hall
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Robbie Moore Portrait Robbie Moore
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Our police station was not closed. The Labour PCC decided to move it out of the town centre to an industrial estate outside Keighley, making it less accessible to many of my constituents.

In addition, in the run-up to the 2019 general election, the then Labour PCC, the then Labour MP for Keighley and the Labour leader of Bradford Council gave false hope and false promise that the police station would be moved back to the centre of town. That false hope just happened to be announced in the run-up to the general election, but what happened? All those plans are now off the table as a result of our new West Yorkshire Mayor deciding that we cannot facilitate that move. I hope we will get an instruction, or as much help from the Government as possible, to move the police station back into the centre of Keighley, from which it should have never been moved in the first place.

On the point that my hon. Friend the Member for Totnes (Anthony Mangnall) made, police hubs are an excellent idea. In many rural parts of my constituency, facilities such as village halls have been used for community-wide engagement. A police officer, a sergeant or the neighbourhood policing team can go along and have dialogue with residents, and communicate and provide reassurance at a micro-local level. We can use such facilities across our constituencies to enable dialogue and better reporting of issues and concerns.

On drug taking, I am very pleased that the Government have taken a stance on nitrous oxide—laughing gas—cannisters, which I have been campaigning to ban since being elected. In the summer months, and particularly on bank holiday weekends, a lot of people get the train from Bradford and Leeds to Ilkley to sit at the riverside and enjoy the sunshine, but sometimes the area is used for antisocial behaviour, and that is not fair for Ilkley residents.

We all face many, many issues with antisocial behaviour. I will quickly touch on fly-tipping. I represent an urban fringe-type constituency, and we have a lot of fly-tipping, particularly in the Worth Valley ward, where Councillor Rebecca Poulsen has been fighting incredibly hard, working with the police, to deal with fly-tipping-related incidents. We must not forget that dumping used construction material, or whatever else it might be, in our beautiful environment is a form of antisocial behaviour in its own right. It was horrifying that, at the back end of last year, our Labour-run Bradford Council decided to close the Keighley tip—a ridiculous decision that would have resulted in more fly-tipping across the constituency. I am pleased to say that after I brought a petition to this House, signed by more than 7,000 people, which Laura Kelly and Martin Crangle heavily campaigned for, Labour-run Bradford Council finally listened and overturned that ridiculous decision. It has now decided to keep the Keighley tip open.

I very much welcome the Government’s plan to put more police officers on our streets. As a Conservative MP, at the last election I campaigned to get 20,000 police officers back on to our streets, and West Yorkshire police has recruited more than 1,000 since I was elected. I want to ensure that they are prioritised in dealing with the many concerns that my constituents across Keighley raise. I urge the Mayor of West Yorkshire, Tracy Brabin, to ensure that as many as possible of those police officers are on the streets of Keighley, Ilkley, Silsden and Worth Valley to tackle antisocial behaviour and give our neighbourhood policing teams the means that they need.

It is a complete myth that Labour is the party of law and order, and that it actually cares about clamping down and being tough on those who commit offences that cause harm to others and try to rule the streets through fear. I can categorically say that that is not the case at all. Labour will not pull the wool over the eyes of residents across Keighley and Ilkley. It was so determined to secure power in Keighley a couple of years ago that it actively selected as a candidate for Labour-run Bradford council Mohsin Hussain, who only seven years earlier had been given a 12-month sentence, suspended for two years with 250 hours of unpaid community work, after being convicted of an armed street assault in Keighley with a pickaxe handle, causing bodily harm. Another of his gang used a baseball bat. When that individual was released on bail, he was caught accelerating to 77 mph in a 30 mph zone in Keighley, driving through a series of traffic lights at speed and going around the wrong side of a roundabout. Those are the types of antisocial behaviour issues that I get contacted about time and time again. These are unfortunately the very issues that are still happening in Keighley today—physical assaults and extreme speeding. Yet Labour’s answer to all of that is to select and actively campaign for a candidate who a few years previously had been handed a two-year suspended sentence. What is worse is that our West Yorkshire Mayor, Tracy Brabin, who is in charge of implementing our local police and crime strategy, John Grogan, who wants to be the next MP for Keighley, and the current Labour leader of Bradford Council all came to Keighley to campaign, knock on doors and deliver leaflets to get that individual into power. And now, unfortunately, he is a district councillor on the Labour-controlled authority.

What does that say to the victims of antisocial behaviour, the victims of street crime, those who have to put up with physical abuse and those who live near the streets where extreme speeding regularly takes place? My view is that Labour does not care about implementing a strong and robust police and crime strategy. Labour will use any means possible to secure the votes to secure power, taking the votes of people in Keighley and Ilkley for granted.

I say to the Minister that I appreciate the work of the Home Secretary and her predecessors in taking a robust approach to antisocial behaviour. It is an issue that impacts all our constituencies time and again. It is probably one of the biggest issues to fill my inbox. We cannot sing from the rooftops about the good things in our constituencies and promote our businesses without tackling the plague that continues to haunt our town centres. On that, I will hand over to other speakers, as I know that many want to take part in this debate.

Esther McVey Portrait Esther McVey (in the Chair)
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I remind Members that they need to bob if they wish to be called in this debate. I will not put a time limit on speeches, but be mindful that we will go to Front Benchers at 10.28 am, and that Robbie Moore will have a couple of minutes at the end to wind up.

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Jim Shannon Portrait Jim Shannon
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I thank the hon. Lady for her intervention. It is difficult for me to answer that, because I cannot speak for other areas. I can speak only for mine, and I must say that in my constituency, the police are never too far away. The issue for street pastors is that they are not police. That is probably why they are approachable, which is one of their advantages. I know from my constituents that they have probably saved people from abuse and physical and other harm, and that they have got people home safely. Street pastors have a working relationship with the police, but they are not the police. They are there to help, and I think people recognise that; the street pastors’ years of involvement in this work on the streets of Newtownards, Bangor, the Ards peninsula, Comber and elsewhere in my constituency have shown that to be the case. The hon. Lady is right; street pastors need to be safe, but in my area, I think they are.

I conclude with this: these issues are prevalent in all constituencies across the United Kingdom. An antisocial behaviour plan has recently been introduced in England, which it seems will tackle the worst of antisocial behaviour in England. I am grateful to the Minister, for whom I have the utmost respect. What discussions could she have with our Department of Justice back home? I believe wholeheartedly that we can do things much better together, because this is a national issue. That is why the debate is important, and that is why I am speaking in it—not that I can necessarily add anything more for the Minister to reply to. I just wanted to let her know that we have some ideas in Northern Ireland. It is good to exchange those ideas, and thereby do better for everyone.

Esther McVey Portrait Esther McVey (in the Chair)
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We move now to the Front-Bench spokespeople.

Spiking Incidents: Prevention

Esther McVey Excerpts
Wednesday 11th January 2023

(1 year, 5 months ago)

Westminster Hall
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Richard Graham Portrait Richard Graham
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The hon. Lady makes a very good point, although, as we have heard, there are young males who are also victims of spiking. As a father, when my daughter was young and first going out to nightclubs, I advised her to be very cautious. I gave her a list of things she could do to reduce the possibility of inadvertently getting mixed up in spiking and all sorts of other things. The hon. Lady is right to highlight that we should be focusing on the perpetrators and where the problem is, which is why it is so important to have spiking as an overall offence. She is right to say that this is not in any way about telling young women that they cannot go out and have a night of fun.

That leads me on to the next point I want to highlight from the Minister’s letter, which is about violence against women and girls. The Minister writes that the Government are focused on practical rather than legal action, and goes on to list various funding streams for VAWG initiatives. I believe that all of those are important, but they miss the specific point. I, my constituent Maisy, her mother Rosie, so many other constituents of colleagues here—including the hon. and learned Member for Edinburgh South West (Joanna Cherry), who sent me a case from her constituency—the Stamp Out Spiking group, which is represented here today, and many other colleagues who are not able to be here but would have wanted to, all want to see legal action as well as practical action in the form of a simple amendment such as I outlined earlier.

Such an amendment would also be very practical, I believe. It would enable media, social media, local government authorities, police, licensed victualling associations and nightclub managers to say, absolutely correctly and for the first time, that spiking is a named legal offence—that those who even attempt to do it might be cautioned or prosecuted, and might therefore be convicted of a criminal offence, which would seriously damage their chances of keeping or winning a job. I believe that will be very powerful, particularly for students. That message, clear and unambiguous, is what I believe the law should say, not just as guidance to the night-time economy managers but to everyone. It can be done through a simple amendment, which Government and parliamentary lawyers will be able to quickly come up with. I believe work was already being done on that by previous Ministers. It will add to the commitment made by the Prime Minister and this Government to reducing violence against women and girls, as well as affected males—a point that was made earlier by my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes).

So, Minister, will this Government see the light, recognise the value of a simple amendment—not a new law; I get the point on that—and recognise that it is both desirable and necessary to get the message out there? This Government and Parliament could be the ones that make spiking completely illegal for the first time. I believe that other Ministers understood that, and I call on Ministers at the Home Office today to finish the job, and avoid the need for further debate and my wasting their precious ministerial time again. That is the challenge today, and I hope very much that the Minister and the Department will rise to it.

Esther McVey Portrait Esther McVey (in the Chair)
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There are a great number of Members wanting to speak in this debate, so I will have to impose a maximum limit on speeches of three and a half minutes, to allow everybody to get in. I will remind people of the times. I will call the Front Benchers just before 3.40 pm, to allow Richard Graham to wind up at about 3.58 pm. I also want to mention that there could be a vote; if so, I will suspend the sitting for that.

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On resuming
Esther McVey Portrait Esther McVey (in the Chair)
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The debate may continue until 12 minutes past 4.

Diana Johnson Portrait Dame Diana Johnson (Kingston upon Hull North) (Lab)
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It is a pleasure to serve under your chairmanship, Ms McVey. I start by congratulating the hon. Member for Gloucester (Richard Graham) on his determination and perseverance on this issue. The fact that this debate has been so well attended shows the strength of feeling on spiking. It is important to note that the former Home Secretary, the right hon. Member for Witham (Priti Patel), and the former safeguarding Minister, the hon. Member for Redditch (Rachel Maclean), have taken part in this debate and made their views very clear, which is helpful.

The Home Affairs Committee carried out an inquiry on spiking last year, which reported in April 2022. Some 2,000 victims and 1,400 witnesses of spiking responded to our call for evidence. It is interesting to note that 75% of the victims had not reported the spiking incident to the police. We made a number of recommendations; I want to go through them quickly, and then refer to the letter from the Government dated 20 December. The first recommendation was on education, training and awareness—to aid prevention, detection and reporting of spiking. We also talked about action by local authorities and reviewing the guidance under section 182 of the Licensing Act 2003. I am pleased that we have heard reference today to door staff, because they are very important in how spiking incidents are dealt with.

We talked about a national strategy on prevention. There is much good work done locally, but nationally we do not have an overarching strategy. We talked about a duty on all police forces, so that when incidents of spiking are reported, there is access to rapid testing. We also asked the Government to consider whether a new offence around spiking was required. From the letter from the Government dated 20 December, published by the Home Affairs Committee this morning, I was very pleased to learn that the Government plan to have a review of section 182 of the Licensing Act, but I ask the Minister to set out the timetable for that consultation, and to say when we are likely to know the results.

I am disappointed that the Government do not accept the arguments for a new specific offence. They say that there is sufficient legislation on the statute books, but it is clearly not working; it is not being used, reporting is low and prosecutions are very rare indeed. The hon. Member for Gloucester has made a very clear and compelling case for a way forward on a specific spiking offence. Can the Minister tell the House what the Government target is for increasing the use of existing legislation to hold perpetrators of spiking to account? Also, what increase would show that the Government were successfully dealing with spiking offences?

We are told that data can be collected centrally, and that there is a development of central procedures. Can the Minister explain to the House what the process will be, how it will work and what the timetable is for this data to be captured?

In the letter from the Minister, the Government say that their public awareness campaign on violence against women and girls, which is known as Enough, and to which I pay great tribute, covers spiking, but anyone looking online at the information about that campaign would have to search very hard to find any reference to spiking. I ask the Minister to go away and have a look at it for himself, to assess how clear it is that the Government take spiking very seriously in their fight against violence against women and girls.

Some work has been done, which we welcome, but there is much more to do. This is an ongoing issue. It needs to be properly resourced, and Government and statutory responses to the problem need to be embedded, so that the Government uphold their commitment to combatting violence against women and girls.

Ruth Edwards Portrait Ruth Edwards (Rushcliffe) (Con)
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I congratulate my hon. Friend the Member for Gloucester (Richard Graham), not only on securing this debate but on his committed campaigning on this issue.

The hon. Member for Pontypridd (Alex Davies-Jones) said that she is sick of young women being told to take precautions. I am sick of that, too, but I am even more sick of the seemingly endless number of ways of intimidating and hurting women that some men think up. I have seen so much of it in my last three years as an MP. We need to be as creative when it comes to stopping them—indeed, to stopping all spiking offences, because, as colleagues have said, although those affected are mostly women, they are not only women.

Sadly, it did not surprise me to see my constituency near the top of the list when it came to support for the petitions related to this debate, because Nottingham saw a spate of spiking in autumn 2021, and last year it had one of the highest number of reported incidents of needle-spiking.

The better the data we have, the better our response will be. I am pleased that the Government asked the National Police Chiefs’ Council to establish a reporting mechanism, so that all police forces can report incidents of spiking centrally. That will help us to gain a better understanding of the scale and nature of the problem. The Government have also worked with clubs, bars and universities to raise awareness of spiking, to help to prevent it. For example, Nottingham Trent University has funded intervention training for staff in city-centre venues, and many other universities have increased bag searches at events, and provide drinks protectors and kits to test for spiking.

Rushcliffe has benefited from the Safer Streets Fund; West Bridgford and Trent Bridge have received nearly £250,000, which has provided new safer street wardens in the evenings, and more closed circuit television. I am a strong supporter of the Enough campaign, which highlights the different forms of violence against women and girls, including spiking, as well as the simple acts that anyone can take to challenge perpetrators of abuse, because at the end of the day only a society can change a culture. However, I take on board the comments that the Chair of the Home Affairs Committee made about the campaign; I hope that the Home Office will review its content on spiking. I am also pleased that the Government have reclassified GHB, the date-rape drug, so that offenders face up to five years in prison.

On the issue of a specific offence of spiking, there are already a range of offences that could cover spiking in certain circumstances. However, what we really need to understand from the Government in the report that I think is being published at the end of April is how effective efforts to prosecute incidents of spiking are under existing laws. We also need to know what the average sentence is for spiking offences prosecuted under these laws—not the maximum penalties for these offences, which is what the Government are publishing in response to parliamentary questions. That is the only way we can gauge whether the existing penalties are likely to provide sufficient punishment for offenders. We need to send a very clear message from this House that spiking is a vicious attack. If someone is going to attack people in this way, whether their weapon is a pill slipped into someone’s drink or a needle jabbed into their arm, they should expect a custodial sentence.

Esther McVey Portrait Esther McVey (in the Chair)
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I thank all Members for keeping to the time limit and enabling everybody to speak in this well-attended debate.

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Sarah Jones Portrait Sarah Jones
- Hansard - - - Excerpts

And indeed there are other male Members here. I am getting myself into trouble before I have even started.

This is an important issue, and we have said that men are affected by it. Yesterday, I was reading in the Evening Standard about people being drugged in a club and having vast amounts of money stolen from them, so spiking is also used as a means to steal, but it still largely affects women. Stamp Out Spiking says that four out of five victims are women.

This crime has historically been dismissed, although it has been around for years. As has been said, it is often seen as the fault of the victim for going out, having too much fun and drinking too much. The stigma that attaches to that means that lots of people do not come forward. Spiking happens because of criminals. It is a violent act with damaging physical and mental health consequences. Women and men should be able to go about their business and enjoy their nights out without fear. It is pernicious and a route to further criminality, be it acquisitive crime, robbery, sexual assault or, in some cases, rape.

We need leadership on this issue. The hon. Member for Gloucester, the Home Affairs Committee and Members on both sides of the House are calling on the Government to act, and move further faster. Just shy of 5,000 cases were reported in the 12 months to September 2022, but as has been said, there is massive under-reporting; many people do not come forward. As the Chair of the Home Affairs Committee said, the majority of people who came forward in her Committee’s consultation did not report anything to the police. That lack of confidence in authorities—that pessimism that nothing will be done—is a real problem, so I ask the Minister, following on from the Select Committee’s recommendations, what more work the Government can do to improve the reporting of spiking, and to support victims in coming forward.

The lack of a specific offence is obviously the main topic that we have been talking about. Last year, Labour added to calls for the Government to introduce a specific offence of spiking and intent to spike. We tabled an amendment to the Police, Crime, Sentencing and Courts Bill calling for urgent action, and a review of the prevalence of spiking and the criminal justice system’s response to it. The Government sadly did not agree to it.

The Government could commit today to referring spiking sentencing to the Sentencing Council. Analysis of how many prosecutions occur is very difficult because we do not have all the figures, but there were only 36 prosecutions and 20 convictions over 2020 for what is called “other miscellaneous sexual offences”, of which spiking is one category. In the 10 years to 2020, there were only 286 convictions under that offence. Only three people were prosecuted under section 23 of the Offences against the Person Act 1861 in 2020, and there were only 104 section 24 offences of administering poison with intent to injure or annoy. There is a wide range of offences that spiking can fall under. It is complicated. As the hon. Member for Gloucester argues, we should call a spade a spade and introduce a specific offence for spiking.

There is good work being done across the country on this. I went to the west midlands and walked about Birmingham with PCC Simon Foster, who is doing some really good work. West Midlands police have a system in which they attend all allegations, and triage victims in Birmingham safe space areas, which are staffed by security and medics throughout the night. Drugs screening is prioritised, and urine samples are taken within 72 hours. The speed with which those drugs leave our bodies makes evidence gathering far harder, but the police react with a speed that keeps up with that.

In Northumbria, Police and Crime Commissioner Kim McGuinness has placed dedicated officers on patrol in Newcastle’s bustling night-time economy, which I enjoyed when I was at Durham University. They are there to protect individuals and target those who commit offences. We have talked about the Ask Angela scheme in places such as Leeds; more than 650 night-time economy providers have signed up to those scheme, through which those who feel unsafe, vulnerable or threatened can seek help discretely by approaching staff and asking for Angela.

While spiking is a horrid and invasive crime, it is just one of the threats to women engaging with the night-time economy. All too often, bouncers throw out young women, or young people, because they are too drunk, with little care for their safety, when in reality they are under the influence of something that was slipped into their drink. Even when they are leaving because they have had too much to drink, they are still vulnerable and need support. There is some really good work around the country that I would like the Government to look at rolling out. For example, if someone leaves a nightclub in Birmingham, there are lots of phone numbers that the bouncers and others can use to get someone from St John’s Ambulance to come and make sure that person gets home safely. That is simple but really effective.

There is a great epidemic of violence against women and girls in this country. Spiking, as a violent act, in many cases is based on misogyny and lack of respect. When done with a needle, it involves a weapon, too. The Labour party has repeatedly pushed the Government to go further, faster, on violence against women and girls. Labour has produced a comprehensive violence against women and girls White Paper, setting out our vision of a Britain that is safe for women and girls. We have consistently called for VAWG to be part of the strategic policing requirement that has been promised by the Government but not delivered. Police forces are not yet required to tackle crimes against women as a priority. That is unforgiveable, and yet another example of a Tory Government refusing to take concrete action to protect women.

Following on from the Select Committee recommendations, what work are the Government doing to improve reporting of spiking? Will the Minister accept the arguments for making spiking a specific offence? Will he go further on violence against women more broadly, not least by making it a specific strategic requirement?

Yesterday, I was in a youth centre in Croydon, and as always there were a range of leaflets there. I picked one up, and it said, “Keep an eye on your drink. You won’t know your drink has been spiked until it is too late, so be careful.” It can no longer be solely the duty of our women and girls to keep themselves safe. After years of neglect in this area, the Government must step up and take action.

Esther McVey Portrait Esther McVey (in the Chair)
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The Minister should be mindful to leave two minutes for a winding-up speech.

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Richard Graham Portrait Richard Graham
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I believe that today the Government have heard a very clear message from colleagues from five different parties that something more should be done in law about spiking. I accept that we do not need a new and separate law, and I think most other Members do too, but I also believe that the Minister has registered the strength of feeling about our arguments for amending the existing law to include the offence of spiking in all its different forms.

I thank all colleagues who came and spoke in the debate, some of whom are not here now, understandably. I am particularly grateful for the contributions from the former Home Secretary, my right hon. Friend the Member for Witham (Priti Patel); the former safeguarding Minister, my hon. Friend the Member for Redditch (Rachel Maclean); the Chair of the Home Affairs Committee, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson); my constituency neighbour, my hon. Friend the Member for Stroud (Siobhan Baillie), who rightly highlighted the good work done by our police and crime commissioner in Gloucestershire; the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans); and the hon. Member for Strangford (Jim Shannon). They all raised different issues, and the hon. Member for Bolton South East (Yasmin Qureshi) made a particularly important speech.

The point of everything that was said in today’s debate is that we have all spoken with one voice in order to represent the thousands and thousands of people across the country who have been spiked. Although some of them are men, they are mostly young women, such as my constituent Maisy Farmer and Lorna Street, who is in the Public Gallery. Many victims have not reported their cases and their hurt, and we have therefore given them a voice today.

We also heard from the Minister that the door is open a fraction, which I appreciate. I believe—I hope that colleagues will join me—that we must now do what we can to push that door further open and reach the success of an amendment.

Windrush Review

Esther McVey Excerpts
Wednesday 29th June 2022

(1 year, 12 months ago)

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Kate Osamor Portrait Kate Osamor
- Hansard - - - Excerpts

My hon. Friend will not be surprised that I agree wholeheartedly with everything he just said. Wendy Williams’ report highlighted the fact that Home Office policies are not rooted in humanity. They do not reflect a caring society; people who have lived here all their lives are no longer welcome by a click of the finger. We need to change that, and we are now in a position to do so. The Home Office is actually in a position to make a difference and a change, to help those people who need it now.

There are so many people watching this, or stuck in the Caribbean or west Africa, who cannot get back into this country because they are not deemed British, even though they have lived here all their lives. In many instances, they actually have passports but cannot get into the country. We need to look at this wholeheartedly. The Windrush generation and scandal is one part of it, but the hostile environment is overarching and overbearing. It dictates the way that the Home Office responds to people who are, let us be honest, very vulnerable. They need our support right now; they cannot wait. They have waited long enough.

Unfortunately, we are where we are, which is why this debate is important. Claimants must be offered a complete package, not only guidance and advice. We also need the Department to reach out to those victims who have not come forward. I am not surprised they have not come forward if they have seen how those who have come forward have been treated.

The Government must look at the damage they have done. They need to fix the compensation scheme or hand it to an organisation that can deliver it, and give justice to those who need it. The Windrush generation need us to step in for them now. The Windrush generation need us to ensure all the damage and everything that they have been through is righted. At this point, it has not been, which is an injustice. We must look at everybody as a victim and make a difference for them.

Esther McVey Portrait Esther McVey (in the Chair)
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Order. We will come to the Front Benchers no later than 3.30 pm. It does not look as though I will need to set speech limitations just yet. Minister, please do not forget to leave some time for Kate Osamor to wind up.

Miners Strike 1984-85: UK-wide Inquiry

Esther McVey Excerpts
Wednesday 29th June 2022

(1 year, 12 months ago)

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Owen Thompson Portrait Owen Thompson
- Hansard - - - Excerpts

Absolutely, and I thank the hon. Member for his intervention. Those events and others like them have shaped the politics of so many and brought many to a more active role in politics, through whatever means, be it the Labour party, the SNP or whatever else. Events such as those bring people forward. The hon. Member mentioned Orgreave. I had a conversation earlier with Chris Peace of the Orgreave Truth and Justice Campaign. It is certainly worth highlighting that, from their side of things, there are still serious unanswered questions.

The disproportionate response to the strikes did not stop in the courts. It also affected miners’ financial futures. Arrested strikers were sacked and denied redundancy payments and pension rights. Again, Alex Bennett said in evidence to the Holyrood Committee:

“Only later on did we realise that…anybody who had been arrested was not just going to get fined; they were going to lose their job and lose their redundancy payment. I was an official in the miners union, and we used to sit in when men were getting made redundant. I knew exactly what I would have got if I had been made redundant at that time: I would have qualified for £27,000 in 1985. I never got that, and it is still bitter to this day that I was denied that because of the attitude of the coal board in Scotland.”

He was one of over 100 miners who were blacklisted. It took many of them years to find work. On top of that, a former spy chief, Dame Stella Rimington, revealed that MI5 tapped union leaders’ phones during the strike. That was broadcast by Channel 4’s “Dispatches” as far back as 1994.

Midlothian is today, much as it was in the ’80s, a place where community is king. We only have to look at the community events and gala days held every weekend over the last month, including gala day just this Saturday past at Loanhead, the home of Bilston Glen, where we have the miners memorial. Remembering those who lost their lives in the pits is now an integral part of gala day celebrations; but it is also important that, as part of that, we remember what else happened around the pits.

Within each town and village, people know each other, and folk from all walks of life intermingle. That is exactly what made the strikes such a bitter affair. In Danderhall, the local miners club had a bowling green that the Lothian and Borders police would use for their annual competition. Police and miners would have a good bevvy together afterwards, and chat and chew the fat. After the strike, that connection was severed, which is no small thing for a close-knit community such as Midlothian and many others. But it is worth being clear that this is not just an exercise in digging up the past; it is about recognising that a wrong has been done and that now we have the power to address it.

The Scottish Government rightly recognised the scale of the injustice back in 2018, when they commissioned an independent review, led by John Scott QC, of the impact of policing on communities during the strike. Following testimony from former miners, police officers and mining communities, the review group made one single recommendation: that the Scottish Government should introduce legislation to pardon miners convicted for certain matters related to the strike. The Miners’ Strike (Pardons) (Scotland) Bill was welcomed by the National Union of Mineworkers for removing the stigma of a criminal record. I am delighted to say that that Bill was passed unanimously by the Scottish Parliament in the last couple of weeks.

Some might ask why we need a UK inquiry if the Scottish one was such a success. Aside from the fact that miners and their families across the rest of the UK also deserve justice, it is important to look at what the Scottish inquiry could not do. It could not consider elements of policy reserved to the UK, including the crucial issue of trade union relations, nor could it address the allegations of political interference by the UK Government—an absolutely critical question. Without those missing pieces, ex-miners and their families will never get the full truth. Only a UK-wide inquiry can deliver that.

On top of that, we have to consider the question of compensation—it is only natural. In many cases, a pardon simply will not be enough to undo decades of financial loss suffered by many miners. Unfair dismissal, and the subsequent loss of redundancy payments and pension rights, has a lasting effect and affects many people to this day. Ex-miners and their families deserve a compensation scheme to ensure not only moral justice, but economic justice. As such, the Scottish Government support the idea, but their hands are tied by devolution. Employment and industrial relations are reserved to this place, so it is up to the UK Government to devise such a scheme. A compensation system that is uniform and fair across the UK is something that only a UK-wide inquiry could deliver.

It is crucial that any inquiry should put reconciliation at its heart, just as the Scottish inquiry did. The principles at the heart of the review were put eloquently by Professor Jim Murdoch, who stated:

“As members of the independent review, our task was primarily to listen: to show that those affected by the miners’ strike had a voice more than a third of a century later. At each of the meetings we held, it was clear that the pain felt by former miners and their families was still raw…Our task was to seek to promote a sense of reconciliation”.

The miners strike is a part of our history and continues to shape communities such as Midlothian to this day. My predecessor in this place—the former MP Sir David Hamilton, or Davie, as he is still known in Midlothian—was not only an ex-miner; he was arrested on the Bilston Glen picket line and blacklisted. As I understand it, he was the only miner to face trial by jury and be acquitted. It is hard to overstate the impact of the strike on our politics, even today—as the hon. Member for Weaver Vale (Mike Amesbury) said—but mining communities also shape our future. Midlothian’s mines are now abandoned and flooded, but the water in the mines is an energy source that is rich with huge potential. By tapping geothermal energy from the heat in that mine water, we could use that power in the future. I applaud local activists, academics and the Coal Authority for working to make mine-water energy a reality across the country, and it is something that I continue to push for in Midlothian.

Looking to the future, it is never too late to right the wrongs of the past. Sometimes time needs to pass before our society is mature enough to throw its hands up and admit that it did wrong, so it is not unusual to have historical inquiries into events long after the fact. For example, it took 36 years for an inquiry to be launched into the Bloody Sunday shootings, and the final report was published 15 years after that. It should have happened sooner—nobody can deny that—but, likewise, we should have had an inquiry into the miners strike years ago. The best time to plant a tree may have been yesterday, but the second best time is now. It is never too late.

All history is contested, and there are two sides to every story—whether it comes from miners, police, communities or the Government—but a Government prove their maturity by being able to listen to both sides of a story and represent them equally. By weaving the injustices of the miners strike into our national story, we show that our history is for everyone and is truly national. By picking up the Scottish Government’s baton and delivering, the process of healing could start today.

Esther McVey Portrait Esther McVey (in the Chair)
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I will call the Front Bench at no later than 5.10 pm, so please be mindful of allowing everybody enough time to speak.

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Olivia Blake Portrait Olivia Blake (Sheffield, Hallam) (Lab)
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It is a pleasure to serve under your chairship for the second time today, Ms McVey. I thank the hon. Member for Midlothian (Owen Thompson) for securing this debate, which comes after the Miners’ Strike (Pardons) (Scotland) Bill. Finally, Scottish miners who were wrongly convicted for defending their livelihoods during the strike will have some form of justice. Justice delayed is better than justice denied, but we should all be clear that the damage caused by this delay has been huge.

As a Sheffield MP with a constituency only a few miles over from the site of the Orgreave coking plant, I understand just how deep this runs. I have heard directly from miners and their families about the ordeal they were put through during the strike. That is why I am proud to join the Orgreave Truth and Justice Campaign in its annual rally every 18 June to call for justice for the 95 miners who wrongly faced charges for what happened at Orgreave. Many potentially faced life imprisonment; the seriousness of the claims against them was huge. The farce of their trials, the speed at which the prosecutions fell apart and the obviously false testimony given by the police is a stain on our justice system and South Yorkshire’s policing. The policing on that day not only inflicted great physical injury to people at the picket but left long-term scars on individuals and communities, which no one has answered for.

The survivors of Orgreave deserve a full inquiry into what happened and why. This is not about digging up history; it is about understanding the role the police played on that day and why, who was involved in making decisions, and how far to the heart of Government those decisions went. Those are important questions not just for the miners who suffered directly; they are the concern of every single citizen in this country. There is an unbroken line between the police violence at Orgreave and the cost of living crisis today. It laid the foundations for the low-paid, zero-hours economy that we currently live in. It meant defeating and demoralising the trade union movement. The idea that the police were used to that end should chill the bones of everyone in this Chamber. We are already seeing the chilling effect of the anti-protest legislation on street protest. The prosecution of the Scottish miners and those at Orgreave raises questions about the relationship between politics, policing and the justice system. Those questions will be increasingly relevant as we head into what looks like a summer of industrial action, with people rightly seeking to defend their pay and conditions while profits soar.

The need for an inquiry is pressing. It must have the power to require that all the relevant information and evidence is produced and presented to it. Everyone with an interest must be able to participate fully and get their voices heard. The panel should be independent and objective and should have the skills to understand all the issues at stake. It should be transparent, open and not overly long. After the Miners’ Strike (Pardons) (Scotland) Bill, that is the next step in righting the historical wrong that was done to communities up and down the country during the strike.

Esther McVey Portrait Esther McVey (in the Chair)
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We move now to the Front Benchers. Once the Minister has spoken, we will go back to Owen Thompson, who will do the wind-up.

Oral Answers to Questions

Esther McVey Excerpts
Monday 28th February 2022

(2 years, 3 months ago)

Commons Chamber
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Priti Patel Portrait Priti Patel
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I completely reject the right hon. Lady’s latter point, and naturally I will always be happy to return to the House and take questions.

Esther McVey Portrait Esther McVey (Tatton) (Con)
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Constituents in Tatton are increasingly concerned about the growing number and range of online fraud and scams, and the ability of Action Fraud to deal with them. Many of those crimes originate outside the UK, with some from hostile states such as Russia. What is the Minister doing to counter that?

Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

My right hon. Friend is right, and we share her constituents’ concern. We are looking constantly to upgrade and improve Action Fraud, and I encourage her constituents to carry on reporting those instances of fraud. Together with the rest of our constituents, their forwarding of dodgy emails to report@phishing.gov.uk has so far led to 73,000 scams being removed.

Child Sexual Exploitation by Organised Networks

Esther McVey Excerpts
Wednesday 23rd February 2022

(2 years, 4 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Sarah Champion Portrait Sarah Champion
- Hansard - - - Excerpts

I thank my hon. Friend, who I know does a lot of work in her community. Barnardo’s, 25 years before anyone really acknowledged child sexual exploitation was a thing, was trying to prevent it. It is deeply naive to believe it is not a current crime in Rotherham, when there are more than 300 identified abusers on whom the National Crime Agency has enough evidence to take them to court, but there is no court capacity. We need help, Minister, not funding cuts at this point.

The next thing that I want to raise is the case of—and I use this word loosely—Lord Ahmed, who recently received a custodial sentence of five years and six months for two counts of attempted rape of a young girl and one for the serious sexual assault of a boy in Rotherham in the 1970s. This man is not a hereditary peer. He was given the honour in 1998 by the then Labour Government, but we threw him out of the party almost a decade ago. In 2020, the Lords Conduct Committee found that he had breached the code of conduct by sexually assaulting a vulnerable woman and exploiting her both emotionally and sexually. The Committee recommended that he be expelled from the House, but instead—

Esther McVey Portrait Esther McVey (in the Chair)
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Order. Just in case this is sub judice at the moment—

Sarah Champion Portrait Sarah Champion
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It is not. He is in jail, and this is all in the public domain.

Esther McVey Portrait Esther McVey (in the Chair)
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I was just checking.

Sarah Champion Portrait Sarah Champion
- Hansard - - - Excerpts

The Lords Committee recommended that he be expelled from the House, but he stepped down to avoid the humiliation. The Government now need to do their duty and introduce legislation to remove his title. It is an insult to his victims, to all survivors and to justice that that does not happen automatically, so I urge the Minister to correct the situation as soon as is practicably possible.

Child sexual exploitation is not inevitable. It must be stopped, and we all must do everything in our power to make that happen.

None Portrait Several hon. Members rose—
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Esther McVey Portrait Esther McVey (in the Chair)
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Many Members want to speak, and I am looking at time limits. We will get to the Front-Bench speakers at about 5.10 pm, so we will start with a three-minute limit. If need be, I will reduce it to two minutes.

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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I begin by thanking the hon. Member for Rotherham (Sarah Champion). As she knows, I greatly admire her for her determination to make changes to the system, not simply for her own constituents—which she clearly has—but for all the children and young men and women across the United Kingdom. I truly believe that her work and her passion for this topic will result in the changes that are needed to protect our youth from criminal grooming gangs.

I share the grave concern of many Members regarding making the long-term changes that are needed. I am thankful that the report clearly highlighted the need to end unregulated care homes for under-18s: too often over the years, I have had in my office young people who have been used and abused with no oversight and no sign of help. I am a long-standing advocate for a different way of helping these vulnerable young people who are cared for. However, many cared-for children who turn 18 are groomed due to the fact that they are unprotected, and there must be a continuance of care and support for those children. Turning 18 does not mean that a person is no longer a target for sexual exploitation, as the hon. Member for Rotherham said in her introduction—that was one of the things that struck me right away.

I am gratified that colleagues in the Northern Ireland Assembly are currently passing the Justice (Sexual Offences and Trafficking Victims) Bill, which seeks to criminalise masquerading as a child online and strengthen revenge pornography laws, as well as excluding the public from all serious offence hearings and introducing anonymity for defendants before they are charged. I know that is not the Minister’s responsibility, but I wanted to bring what we are doing in Northern Ireland into the conversation.

Ultimately there must be closer interaction between the police and the Crown Prosecution Service. We must provide communities and churches with the training needed to spot child exploitation, as well as the knowledge of how to deal with it. We very much need uniformed, clear steps that leave a network of invested, interested and informed volunteers who know what to look out for, and that takes funding and guidance from Government.

The loss of innocence is one of the saddest things I have ever read in the face of a victim of abuse. Indeed, one lady whom I knew very well in my office—I got to know her over the years—had the most vile trauma inflicted on her as a baby and a young child. For her and many others like her, I support the hon. Member for Rotherham and the calls for this House, our Government and our Minister to do more.

Esther McVey Portrait Esther McVey (in the Chair)
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I thank all Members for keeping to the time limit, which was imposed because so many people wanted to speak. We will now come to the Front Benchers, who will have eight minutes each, and then Sarah Champion will wind up.

--- Later in debate ---
Sarah Champion Portrait Sarah Champion
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I thank the Minister for her response and I would appreciate a follow-up letter, if that is possible.

Recently, I watched the four-part series on Jeffrey Epstein and I was chilled. The methods that he used were exactly the same as the methods that we are seeing here. This issue is not about class, it is not about race, and it is not about religion. This is about child abusers using their position of power and influence to exploit children, and it must be dealt with wherever it is seen.

The Minister is right—there is, to be honest, a siloed approach, and Departments need to work collaboratively to address that. It is currently a postcode lottery as to whether a child’s local police force or local authority recognise that they are being exploited and have support in place for them. That has to stop, which is why I called on the Minister to ensure that there is a national service rather than it just being down to luck based on someone’s local police and crime commissioner.

For me, the fundamental point is that we should always start by listening to the victims and survivors. They know what the problem is; they know what the solution is. The result that they are actually asking for tends to be quite simple.

I do not know of any other crime where, if someone went to the police and reported it, the police officer would say, “Really?” If I went to the police and reported that my car had been stolen, the officer would not say, “Really? Are you sure? Are you sure you didn’t steal your own car?” Yet that is what happens time and time again with child abuse and with all sexual abuse.

My final point is that someone is still a child up to the age of 18. If the Government recognise that unregulated care is not good enough for children aged from zero to 16, then it is not good enough for children aged from 16 to 18 either, and I urge the Minister to reconsider that situation.

Esther McVey Portrait Esther McVey (in the Chair)
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I thank all Members for taking part today; it has been a most moving debate.

Question put and agreed to.

Resolved,

That this House has considered the Independent Inquiry into Child Sexual Abuse report on child sexual exploitation by organised networks.

Oral Answers to Questions

Esther McVey Excerpts
Monday 22nd November 2021

(2 years, 7 months ago)

Commons Chamber
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The Secretary of State was asked—
Esther McVey Portrait Esther McVey (Tatton) (Con)
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1. What plans she has for hotels used by her Department to accommodate asylum seekers.

Priti Patel Portrait The Secretary of State for the Home Department (Priti Patel)
- Hansard - - - Excerpts

The Department has long-term plans and proposals to change the way we accommodate asylum seekers.

Esther McVey Portrait Esther McVey
- View Speech - Hansard - -

Residents of Tatton are concerned about the ongoing nature of supposedly temporary accommodation for immigrants who arrive in the local area. Some hotels are becoming full-time immigration centres and those residing there are in limbo in our town centres. What is the timescale for processing these individuals and for reverting the accommodation back into hotels?

Priti Patel Portrait Priti Patel
- View Speech - Hansard - - - Excerpts

My right hon. Friend is absolutely right in her comments. Through changes linked to the new plan for immigration we will end the use of hotel accommodation for asylum seekers, which was a result of the pandemic—we had to take decisive action to ensure that those seeking asylum in the UK were protected under covid measures. It was a short-term solution and the new plan for immigration includes long-term changes in the offing for asylum accommodation.

Immigration Rules

Esther McVey Excerpts
Wednesday 7th July 2021

(2 years, 11 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Esther McVey Portrait Esther McVey (in the Chair)
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I remind hon. Members that there have been some changes to normal practice in order to support the new hybrid arrangements. Timings of debates have been amended to allow technical arrangements to be made for the next debate. There will also be suspensions between each debate. Members attending physically should clean their spaces before they use them and as they leave the room, putting the cleaning materials in the bin.

Anne McLaughlin Portrait Anne McLaughlin (Glasgow North East) (SNP)
- Hansard - - - Excerpts

I beg to move,

That this House has considered Immigration Rules and highly skilled migrants.

It is a pleasure to serve under your chairwomanship, Ms McVey. With yesterday’s announcement of the new Nationality and Borders Bill, I am pleased to have the opportunity to lead this debate on the immigration rules and highly skilled migrants. I want to start by thanking the right hon. Member for East Ham (Stephen Timms), who originally secured this debate and asked me to take it on. I know he is doing a lot of work in this area.

I also want to mention my hon. Friend the Member for Glasgow Central (Alison Thewliss), who recently challenged the Chancellor and the Home Secretary on the introduction of yet another scheme to bring in highly skilled migrants in the 2021 Budget. I echo her sentiments that the Chancellor, the Home Secretary and the UK Government must sort out this injustice once and for all before another person is given a highly skilled migrant visa. I am sure that people of colour from Commonwealth nations contemplating bringing their talents to the UK, including under the new scheme, will want to know of any potential risks to their and their families’ immigration status prior to applying. I also want to commend BBC “Newsnight” for covering the issue a few weeks back, raising awareness and prompting people to contact me.

What is it that has got everyone so exercised? It is complicated and simple. The nub of it is this. Her Majesty’s Revenue and Customs has been sharing information about a subset of non-white highly skilled migrants from specific Commonwealth countries in the global south with the Home Office. That enables the Home Office to then refuse their visas to remain in the UK. The basis for the refusals are historical, non-criminal tax discrepancies, some very minor—I understand one was for only £1.30—and most dating back years, long ago resolved, and none of which HMRC felt required further action. Let us bear in mind that the people we are talking about have been here for 10 years or more. Finally, the legal basis on which this has been done is questionable. So that is the summary.

These individuals, who were invited to these islands to contribute to our economy and wider society, now find themselves in a precarious immigration limbo, without any investigations into the circumstances or nature of people’s tax discrepancies before the visa refusals. There remain many questions about whether the decisions taken have allowed fair assessments and hearings, and how proportionate visa refusals are for something that has not even been proven to be deliberate or careless under HMRC’s own threshold for discrepancies and within HMRC’s normal 12-month timeframe for investigation.

Through a number of Government initiatives spanning decades, there has been a consistent call to invite the brightest and best to these islands, with the idea being that the UK would take control over who they allowed to work and live here. Yet somehow the UK Government have systematically failed to build the immigration system that they say they want. Instead, they have adhered to a policy of hostility, exclusion and really disproportionate punishment. I am sure the Minister will likely talk about “minded to refuse” letters that allow migrants to explain the discrepancies, but, in 80% of the remaining cases, those have not been received and, where they have, some have contained more than 100 questions for response within 14 days. Also, it is about issues much wider than tax discrepancies.

There is a concern that the letters are being used not to give a fair and timely hearing of evidence, but to double down on the initial decisions made. The deeply precarious situations that many of these highly skilled migrants and their families are now experiencing highlight the issue only too well.

Highly skilled migrants in the UK have been criminalised and denied indefinite leave to remain based on the Home Office’s discretionary and subjective bad character or dishonesty judgments in paragraph 322(5) of the rules, as I said, for historic tax discrepancies, many up to 10 years ago. Paragraph 322(5) sets out the general grounds for refusal. Unlike other immigration provisions for criminal behaviour, which this is not, it seems to be still applicable even after 10 years. Clarity is needed—I hope the Minister will provide it—about how this immigration rule will be used in future immigration applications of highly skilled migrants who have been granted some form of leave.

I also note with concern that paragraph 322(5) and related clauses in the immigration rules have recently been redacted online. I hope that this redaction is not a means of limiting scrutiny of how these clauses are being used in immigration decisions, and I expect the Minister to have an explanation for that.

I am not the only one saying that the Government are wrong; the Court of Appeal has already ruled in two separate cases that the Home Office has acted unlawfully in this regard. Paragraph 322(5) permits refusal when an applicant is considered

“undesirable…in light of their conduct, character or associations”,

or the fact that they represent a threat to national security. This measure also allows discretionary refusal by inferring “undesirable” character. According to the latest guidance, that could be because of criminal-related activity short of a conviction, or for what are called “wider reasons”. So, with no convictions and no reasoning, the Home Office can unfairly label someone as being “undesirable” or of bad “character”. Can Members imagine how such labels affect someone’s ability to live and work in a community, or impact on their self-esteem?

Being denied their indefinite leave to remain has left these highly skilled migrants in a legal limbo; they are unable to work, rent, drive, receive NHS healthcare, open bank accounts, or get vital access to public funds. Imagine a situation in which someone has a minor tax discrepancy hanging over their head. And bear in mind that, according to the Institute for Fiscal Studies, around 60% of self-assessment tax returns in the UK contain discrepancies. For anyone who has had to complete one of these returns, that is not difficult to believe; they are not easy. For most of us, a minor tax discrepancy would just mean reminding ourselves to amend our tax return, or we would call an accountant to sort the problem out for us; the worst that can happen is that we will get a slap on the wrist and a cursory fine. We would not be in a situation where we were left destitute, as is the case with so many of the people who we are talking about today.

Understandably, this situation has been described as a “personal purgatory” by some of those experiencing it: a half-life, in which someone is unable to contribute, without any recourse to appeal or explanation. It must be a truly devastating prospect for someone to think that they could be treated as criminal under an immigration rule that was reserved for those deemed a national security threat, based on a simple discrepancy in a tax return.

Although the actual amount of these discrepancies ranges widely, some of the figures involved are shockingly small. As I have already said, a discrepancy of around just £1.30 could see someone being deemed as dishonest or of bad character by the Home Office. In the two cases that were heard in the courts, one involved a small amount of money and one involved a larger figure, but the courts found the people concerned to be honest and granted them leave, which shows that the amount of tax discrepancy per se should not matter and does not automatically mean that the person responsible for such a discrepancy is a criminal. The courts certainly did not think so.

Investigation into the circumstances and a balancing exercise regarding the person involved and their family is key. Indeed, this cohort of people are not criminals. They are hard-working migrants who were invited to this country, which is now determined to use a system of legal loopholes and loose statutory interpretation, which I will come on to, in order to remove them.

Tax discrepancies are neither a criminal nor an immigration offence, and in all of the cases reported, HMRC did not independently pursue the discrepancies at the time of filing. So why is the Home Office pursuing these migrants? Why are the thousands of other cases are uncovered every year—including those of the 60% of people who fill in tax returns inaccurately—not being pursued with the same vigour? And I am not suggesting that they should be.

Tellingly, UK Visas and Immigration has refused applications under this rule, instead of using certain other provisions in the immigration rules that it could use, such as those related to dishonesty. I would suggest that UKVI has done that because of the broad wording of this measure and the lower burden of proof required, because using this rule is an easy and fast way to dispose of the migrants we invited to these islands.

Paul Garlick QC, who specialises in extradition and human rights law, said the following in regard to the Home Office investigations:

“They genuinely have no idea of the difference between tax years and accounting years, or what is a legitimately deductible expense. My feeling is that since Theresa May’s announcement of a ‘hostile environment’ for immigrants, caseworkers have been told to look for discrepancies that could form the basis of an accusation that the applicant is lying, because that’s the quickest way to dispose of an application”.

That is some accusation, and not one that any QC would make lightly.

Since 2016, 1,697 of these highly skilled migrants have been denied indefinite leave to remain after the establishment of a very untransparent Home Office and HMRC data-sharing memorandum of understanding—one that allowed HMRC data to be analysed if an immigration offence had been suspected. I will come on to that point in greater detail later.

These highly skilled migrants have been living in the UK for at least 10 years and contributing significantly to our skills base and our economy. They were once welcomed here because they were needed. What is most worrying of all is that all of those affected are migrants of colour, from six south Asian and African countries. More than half of the remining indefinite-leave-to-remain refusals are Pakistani nationals, and 70% are Muslim. Tellingly, no one whose data was shared and used to refuse their visa was white. As a long-standing antiracism activist, that profiling and targeting of ethnic minorities by the state chills me.

I want to focus on the worrying aspects of data sharing. The people we are talking about were refused indefinite leave to remain through the use of detailed, historical, HMRC-held tax data. According to research by the Migrants’ Rights Network, it is unclear whether any due processes or protections were in place for the access and sharing of that data, especially those that would now meet GDPR requirements.

The memorandum of understanding for data sharing between both Departments was accessed via a freedom of information request. It is an enlightening piece of evidence. It is not a contract, nor is it legally binding. It does not in itself create a lawful means for the exchange of information. It simply documents the processes and procedures for information sharing agreed between the Departments. Yet, when I pushed the Treasury on this issue recently, the Minister who responded leaned heavily on the provisions within the MOU as being

“well-designed, information-sharing gateways…grounded in strict obedience with the law.”—[Official Report, 22 June 2021; Vol. 697, c. 748.]

The annexe of the document provides the legal basis for the sharing of information and conveniently links to several pieces of legislation, including the Immigration, Asylum and Nationality Act 2006, the UK Borders Act 2007 and the Anti-terrorism, Crime and Security Act 2001. There are others. What we discover when directed to the signposted sections is that the minor tax discrepancies in question do not amount to the offences described in the memorandum of understanding that could permit the sharing of data between HMRC and the Home Office. The MOU provides no evident lawful due process or safeguards for sharing the data that was used to refuse indefinite leave to remain to highly skilled migrants.

There are huge questions to be asked about how this information was accessed and shared and whether unlawful lists of people of concern, based on a traffic light system of nationalities, were used. I appreciate this cannot all be resolved today, but I would very much appreciate if the Minister would agree to meeting me, other interested Members and the Migrants’ Rights Network to unpick all this and to, I hope, put an end to it.

The tech justice group Foxglove successfully forced the Home Office to scrap its visa streaming algorithm in response to legal action in 2020 and there are analogous similarities with the data-sharing system that I am talking about today. The streaming tool took decades of institutionally racist practices, such as targeting particular nationalities for immigration raids, and it turned them into software. The Home Secretary was willing to admit that the system was required to be rebuilt from the ground up. Surely serious consideration should be given to the system currently persecuting highly skilled migrants.

The Government’s threat to increase their use of data sharing and data matching is now, unfortunately, becoming a reality. There are plans to expand the national fraud initiative. If that happens, we will see the current data-matching powers used in tackling fraud extended to cover other criminal activity, as well as debt recovery and data quality.

I knew little about data matching until this highly skilled migrants issue was brought to light. It involves combining, comparing or matching personal data obtained from multiple sources. The national fraud initiative already collects more than 20 data types over 8,000 datasets from 1,300 participant organisations. That can include public sector payroll, housing benefit, social housing waiting lists, council tax and the electoral register—the list goes on.

An information law specialist, Chris Pounder, has already given examples of how migrants’ details are mixed up in the national fraud initiative, with housing benefit, tenancy waiting lists and the electoral roll all cross-matched with immigration records. We have seen the Home Office go from losing application forms, passports and all sorts of documentation in 2001, to being determined to gather every single tiny piece of data that it can on every migrant in 2021. Information sharing or data matching—call it what you will—has been utilised to unfairly target highly skilled migrants. This cohort sets an incredibly important precedent for how personal tax data could be gathered, shared and used in immigration decisions, highlighting why we need to ensure transparency around data sharing for immigration enforcement.

Through freedom of information requests, we now know that between 2015 and 2020, 463,000 people’s HMRC tax data were shared with UKVI at the Home Office. That is a staggering amount of data sharing that the public are simply not aware of. Any expansion of this already expanding regime will mean a lot more data being shared about migrants, and it will provide numerous opportunities for abuse by the Government, who are already determined to pursue a hostile environment policy. Such data needs protection and safeguards. Any system that seeks to share the data must be built with legal restrictions and strict adherence to GDPR.

The UK Government consultation document on data matching refers to the need to recover debt post covid, but it fails to recognise that any inequalities present before the covid pandemic have both increased and widened, and that extending the powers will serve only to unfairly discriminate further against minorities. I am aghast that the cover of covid recovery is being used to usher in further intrusion into our personal data, and I have no doubt that the wider public would be just as alarmed if this was affecting their right to work, rent, drive or even open a bank account.

When previous and successive Governments implemented schemes that were designed to welcome highly skilled migrants to these islands, it was done with fanfare. The brightest and best would help us fill the gaps that our economy desperately needed to be filled. Nobody arriving on these shores to such a welcome would ever suspect that, a decade later, they would be subjected to an invasive sweep of their personal and financial data in a bid to remove them and their families from the country they now call home. Nobody would have dreamt that, 10 years later, they would be labelled dishonest or as being of bad character, when they are clearly not. Nobody would have imagined that they could have been made unemployed, bankrupt or homeless by the state that invited them to build their lives here, but that is exactly what is happening.

I hope that today’s debate will allow a conversation to be started where it has not been possible thus far. I look forward to hearing the Minister’s response, and I repeat my request for him to sit down with me, the right hon. Member for East Ham, the other Members who have been pushing this issue and Migrants’ Rights Network, in order to resolve the situation for the families suffering now, but also for the success of the Chancellor’s new highly skilled migrants scheme.

Oral Answers to Questions

Esther McVey Excerpts
Monday 7th June 2021

(3 years ago)

Commons Chamber
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Kit Malthouse Portrait Kit Malthouse
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I share the hon. Lady’s view that no one benefits from long drawn-out investigations, and it is absolutely our aspiration to shorten investigation times as much as we possibly can, bearing in mind the impact on both the officer who is under investigation and those who are making the accusation. It is worth bearing in mind that delays in investigations often happen for complex reasons, particularly in very difficult investigations, which are not necessarily within the control of the investigating body. While I understand and sympathise with the Fed’s desire to shorten investigation time, it is worth bearing in mind that our overriding interest should be in quality and thoroughness, rather than in hitting some kind of arbitrary deadline. However, I do meet regularly the director general of the IOPC and we do monitor very closely how long investigations are taking. It did inherit 538 investigations from the Independent Police Complaints Commission, which it has now managed to get down to three, and I think currently it only has 30 investigations that have taken longer than 12 months.

Esther McVey Portrait Esther McVey (Tatton) (Con)
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What assessment she has made of the potential effect of new sentencing powers on levels of crime.

Chris Philp Portrait The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
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This Government are serious about fighting crime and making sure the criminal justice system is one the public can have confidence in. That is why the Police, Crime, Sentencing and Courts Bill currently going through this House sees the sentences for causing death by dangerous driving being increased to life. It is why many of the most serious offences, including rape, will see the perpetrators spend longer in prison, while at the same time we make sure that those people with drug and alcohol addictions get the treatment they deserve. I hope my right hon. Friend will agree that these are measures that will build public confidence and keep the public safer.

Esther McVey Portrait Esther McVey
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I want to congratulate the Government on their plans to extend sentences for the deplorable crime of assaulting our emergency workers. Is not it now time for a specific offence of assaulting shop workers and other customer-facing frontline workers, given that the number of assaults on them since this pandemic started has doubled?

Chris Philp Portrait Chris Philp
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My right hon. Friend is right: we are of course doubling the sentence for assaulting—for the common assault of—an emergency worker from one year to two years, which I think is widely welcomed across the House. In relation to other people who deal with the public—not just retail workers, but transport workers, teachers, postmen and women and other people who deal with the public—that is already taken account of in the Sentencing Council guidelines, which makes it an aggravating factor if the victim deals with the public. Therefore, judges can reflect that when handing down sentences. There is a Westminster Hall debate later on today on this very topic, and I am very much looking forward to discussing it in more detail then.

Oral Answers to Questions

Esther McVey Excerpts
Monday 15th July 2019

(4 years, 11 months ago)

Commons Chamber
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Nick Hurd Portrait Mr Hurd
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I am a bit puzzled by what the hon. Lady says, because I have spoken to her police and crime commissioner, the excellent Matthew Ellis, and he is extremely animated about how he is going to use the additional money from the funding settlement to move 100 more people into neighbourhood policing by the year end and to get behind proactive policing to disrupt crime, including drug dealing, in hotspots. I hope that she welcomes such plans, and she certainly needs to sit down and discuss them with him.

Esther McVey Portrait Ms Esther McVey (Tatton) (Con)
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We all agree about the importance of neighbourhood and community policing, but does the Minister agree that effective community policing does not rely on police officers having degrees? Yes, it is critical that we have enough officers; yes, it is crucial that they have common sense; but does he agree with me and other blue collar Conservatives that it is ridiculous to say that all police officers must have a degree, as proposed?

Nick Hurd Portrait Mr Hurd
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They do not need a degree to go into policing; that is what the apprentice route is for. I know plenty of people with degrees who would make very poor police officers. What we are keen to do is upskill the force and, critically, ensure that the very considerable skills that people coming out of policing have developed are accredited.