99 Fiona Mactaggart debates involving the Home Office

Oral Answers to Questions

Fiona Mactaggart Excerpts
Monday 22nd February 2016

(8 years, 10 months ago)

Commons Chamber
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Mike Penning Portrait Mike Penning
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The truth of the matter is that someone duly elected to run the service, as the PCC would be, is better than anybody seconded on to any committee. I am sure we all want efficient emergency services, and the fire service working closely with the ambulance service and the police is the way we would like to do that.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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Critical to collaboration between emergency services will be their communications networks. How much will the new emergency service communications network cost, and when will it be in place?

Mike Penning Portrait Mike Penning
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We are currently going out to contract. There are bids out there, which are confidential. We know that the excellent Airwave system that we have had for many years needs replacing. It was very expensive and the replacement will be cheaper than Airwave.

Oral Answers to Questions

Fiona Mactaggart Excerpts
Monday 11th January 2016

(8 years, 11 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I assure my hon. Friend that the United Kingdom does not and has not participated in, or undertaken, mass surveillance. The investigatory powers in the Bill are necessary, and they are used proportionately by the police and other agencies. They are particularly important for the police, including those in his own Hertfordshire force, in dealing with not just terrorists and serious criminals, but the area of child protection, in which he has a particular interest. There is only one new power in the draft Investigatory Powers Bill, which is access to internet connection records, and I can reassure my hon. Friend that local authorities will not have access to such records.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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The Secretary of State will be aware of concerns among journalists that these powers, which the security services and the police need to keep us safe, might have a chilling effect on their ability to publish and to report. What steps is she taking to try to guarantee free speech for journalists within the Bill while enabling the security services and the police to have access to the information that they require to keep us safe?

Baroness May of Maidenhead Portrait Mrs May
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I am well aware of the concerns of journalists, specifically about the powers to access information that might lead to the identification of their sources. They feel that that could have a chilling effect. We have already made a change in the code of practice to require a higher level of judicial authority to allow access to something that could relate to journalists’ sources, and we will legislate on that in the draft Investigatory Powers Bill.

Counter-terrorism

Fiona Mactaggart Excerpts
Tuesday 5th January 2016

(8 years, 11 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend, too, raises an important point and I can assure him that through the reports to Tell MAMA we look at the instances of Islamophobia that take place, as well as looking at the instances of anti-Semitic incidents that take place. We are committed to ensuring that police will now record hate crime which has an Islamophobic element to it so that we can get a better understanding of exactly what is taking place.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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The Home Secretary is aware that the terror threat was already “severe”, which means that a terrorist attack is highly likely. In view of the content of this vile video and the imminence of the first anniversary of the Charlie Hebdo attacks, has she put in place better protection for UK media, institutions and citizens against an attack within the UK?

Baroness May of Maidenhead Portrait Mrs May
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We constantly look at the measures that we need to take here in the United Kingdom to protect against an attack. Following the Charlie Hebdo attack, discussions were held by the police with various media outlets to discuss with them their security. Of course, following the terrible attacks that took place in Paris on 13 November last year, we have looked further at the whole question of protective security. The right hon. Lady is right—the current national terrorist threat level is at “severe”—a terrorist attack is highly likely. The decision as to what that threat level should be is a matter for the independent joint terrorism analysis centre.

Paris Terrorist Attacks

Fiona Mactaggart Excerpts
Monday 16th November 2015

(9 years, 1 month ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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The Prime Minister has made it absolutely clear that he will come back to the House on this matter only when there is a consensus. Obviously everybody in this House will be considering their position on this particular matter.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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In her welcome statement, the Home Secretary stressed the importance of our counter-extremism strategy in building a sense of shared values that counter what she called the “perverted and murderous” values of these terrorists. Will she meet her colleagues in the Department for Education, the Department for Business, Innovation and Skills, and the Department for Communities and Local Government to discuss what more those Departments can do to build that shared sense of values?

Baroness May of Maidenhead Portrait Mrs May
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The extremism taskforce chaired by the Prime Minister includes the very Departments that the hon. Lady mentions, and others, as well as the Home Office. If she looks at the counter-extremism strategy, she will see that it includes references to action that can be taken by the Department for Education. Indeed, it has already moved in relation to this work on promoting the values that we share as part of living in this pluralistic society.

Oral Answers to Questions

Fiona Mactaggart Excerpts
Monday 16th November 2015

(9 years, 1 month ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I agree that we always need to send very clear messages to the perpetrators about how seriously we take this crime and the intent to deal with it. The courts will always consider a case more seriously when the victim is a child, and that includes 16 or 17 year olds. The Sentencing Council’s definitive guidance on sexual offences came into effect in April last year, and it provides for the courts to sentence more severely individuals in cases where victims are particularly vulnerable, as will often be the case with sexual exploitation involving 16 or 17 year olds.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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22. The Secretary of State will be aware that a really quite frightening proportion of the 16 and 17-year-old girls who are victims of sexual exploitation have been in the care of the local state. What action is she taking to prevent the grooming of such vulnerable young women into sexual exploitation?

Baroness May of Maidenhead Portrait Mrs May
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Sadly, the right hon. Lady is absolutely right to say that a shocking number of those who find themselves being exploited and subjected to child sexual abuse will have been in the care of the state. That is an appalling record for the state, and it has gone on for many years. It is one reason why the Justice Goddard inquiry will look at how institutions have, or have not, undertaken their duty of care. As part of the work that we did following the Rotherham report, we are working with my right hon. Friends the Secretary of State for Communities and Local Government and the Secretary of State for Education to see exactly what approach should be taken at local authority level with those in care and others who report abuse to the local authority.

Immigration Bill

Fiona Mactaggart Excerpts
Tuesday 13th October 2015

(9 years, 2 months ago)

Commons Chamber
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Lord Bellingham Portrait Mr Bellingham
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I entirely agree, but it is of no consolation to a hospital in Norfolk that needs to recruit 90 nurses over the next few months to avoid those penal payments to agencies. I agree that this is a matter that the NHS and the Ministers in the Department of Health must deal with. There is a long lead-in time; we cannot suddenly train nurses. There are many retired nurses whom we need to bring back into the profession, but many of them cannot come back, or do not want to come back.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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I am not sure whether the hon. Gentleman was at today’s Health questions, but the Minister proudly claimed that he had record numbers of nurses in training. In fact, there are four applicants for every nurse training place in Britain today, and we are training fewer nurses than we did in 2009.

Lord Bellingham Portrait Mr Bellingham
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I absolutely take on board what the right hon. Lady says. It is very important indeed that Ministers look urgently and with relentless energy at that problem. If they do not look at it or at the training and the supply of nurses, these problems will continue. In the meantime, I ask the Minister of State to look very carefully at what I have said and tell me exactly what the updated position is of the Migration Advisory Committee. I gather that it is looking at evidence being produced by a number of trusts around the country. If the problem is not addressed, hospitals such as the one in my constituency will be running up debts completely beyond their control.

We are living in an ever more troubled and turbulent world. I do not think that any of us could have been anything but moved by those pictures of Alan Kurdi, the three-year-old Syrian boy who was drowned along with 12 other Syrians. When I look at the tragedy going on in Syria, I fear that it will be replicated in other countries around the world such as in Yemen and Egypt. Sudan, too, is in a very vulnerable state. I support the vulnerable persons relocation scheme, but feel that it is essential that we target people in country, which is why I strongly favour the idea of safe havens, overseen by the UN and the EU. It makes far more sense to have safe havens in the south of Dimashq and in the al-Suwayda province along the Jordanian border. It is a turbulent world and we face many challenges, but this Bill is a small, but essential step in helping Britain to secure its borders.

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Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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I think that it is universally accepted that the British people want properly controlled immigration. Their objection is to unfair and uncontrolled immigration. This Bill has been dressed up as a powerful response to that demand for effective immigration control, but it is in fact the opposite; it is a sign that the Home Office has given up on doing its job.

Instead of fixing that which is broken—the ports of entry that passengers go through without seeing an immigration officer; the practice, when police officers intercept people who have been smuggled in lorries, of sending them on their way and asking them kindly to present themselves at the Home Office in Croydon; and even appeals where, having refused an application, the Home Office fails to send a representative to defend the decision—the Home Office has instead allowed terrible delays in listing appeals, resulting in people who have no valid claim to remain here staying longer and putting down roots so that they become more difficult to remove.

The Home Office has rejected calls to extend the role and remit of the Gangmasters Licensing Authority so that practical action can be taken to prevent labour exploitation in sectors where we know it exists, such as the hotel trade and construction. Instead, it is delegating the problem to us—to ordinary people and not just employers, who rightly should check the immigration status of people who apply to work for them, in order to protect themselves and their customers. Those employers regularly complain to me that the information on the advice line is at best confusing, and at worst wrong.

We are told that there will be an advice line for some of the new groups who will have to check someone’s immigration status. Banks already have some experience, but landlords will now be expected to refer to an advice line in order to spy on the immigration status of their tenants. In effect, the Bill is setting us all up as snoopers on other people’s immigration status. We know that that is ineffective. Of 75,000 allegations to the Home Office in 2013, there were 4,000 arrests and only 1,000 removals. Even privatised Capita, when given 120,000 records of overstayers, managed to persuade only 1,000 to leave.

I have been advising people about immigration status for over 35 years, but I still need to check with up-to-date experts about what some of my constituents’ entitlements are. The Home Office is not providing the tools that would allow citizens to be sure of the status of someone who might seek services from them. The result is unsurprising, and it is confirmed by the Joint Council for the Welfare of Immigrants report on west midlands landlords: people will just stop taking the risk.

Britain, having been a tolerant and welcoming society in which iconic British successes have often been created by refugees and migrants—businesses such as Marks & Spencer and inventions such as the Mini, which was designed here by an Italian—will become a place where people with foreign names and accents face a kind of pass law system in which, in order to play a full part in society, they have to keep proving their status and the fact that they have rights. The MPs who opposed the national ID card system did so on the basis that it was an infringement of civil liberties. The consequence of failing to introduce such a system is that all of us will have to make these checks, and minorities will bear the brunt of infringements of their civil liberties.

Simon Hoare Portrait Simon Hoare
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I do not know when the hon. Lady last rented a property or opened a bank account, but when doing so, as British citizens, we are all required to provide information, be it a passport, a utility bill, proof of address or a driving licence, and so on. Surely it is just common sense that when landlords are letting a property these safeguards and checks should be made. They are made on the rest of us, as things stand now.

Fiona Mactaggart Portrait Fiona Mactaggart
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The point is that if someone has a full British passport, it is very easy to say that they are entitled. The Residential Landlords Association predicts, rightly in my view, that the consequence of this measure will be that people who do not have a British passport, even those who are British—we should remember that some 12 million people in Britain do not carry a passport—will find themselves discriminated against because the landlord thinks that the situation is difficult.

We need to make sure that the only landlords prosecuted are those to whom Ministers have referred, who are sometimes complicit in illegal migration and the exploitation of vulnerable migrant workers. Can the Minister point to a provision saying that only people like the pimps who are exploiting trafficked workers in brothels will be prosecuted but innocent landlords who make a mistake and do not understand the documents will not? I do not believe that this Bill is going to help these women. The clause 8 offence of illegal working will apply to them, as my hon. Friend the Member for Sheffield Central (Paul Blomfield) clearly explained. Will the Minister give specific details about what action he will take to make sure that victims who are coerced by others to work are not criminalised by the offence? Will they have a statutory defence under the Bill? We know that the results of the assessment of landlords experiment will not be available until after this debate, but has he conducted an assessment of the impact of these measures on victims of modern slavery?

This Bill is horribly un-British. It gives immigration officers extreme powers without submitting them to abiding by protections like the Police and Criminal Evidence Act 1984—protections that police officers have to abide by. It forces people to appeal from overseas, and by doing so ignores the rights of children who will be separated from their parents. The Children’s Commissioner has said that the current arrangements already fail to meet our obligations on children’s rights.

Overseas appeals will not deal with cases such as the one in my constituency of a husband whose documents showed that he lived in Slough while his wife lived in Bradford, so the Home Office said, “This is a marriage of convenience.” In fact, Slough was the only place he could get work, so he was coming down there to work from Monday to Friday and then returning to his family at the weekend. Without an oral hearing, he would not have been able to win his case. He did win it, and the immigration judge praised him for working so hard to support his family. This Bill is going to lead to un-British injustice, and we should reject it.

David T C Davies Portrait David T. C. Davies (Monmouth) (Con)
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I am delighted to speak in full support of what the Government are doing to tackle the problem of illegal immigration, and to put on record my support for every single word of the speech that the Home Secretary made at the recent Conservative party conference. The Government are absolutely right to be doing this. Nobody has any problem with legal migration into Britain; no Conservative Member has suggested that there is a problem with it. Speaking for myself, I am married to somebody who migrated into this country from eastern Europe. My children are bilingual and have dual nationality. My sister-in-law is Chinese. Davies family Christmas get-togethers can be like the United Nations.

This is not about racism or xenophobia at all. Conservative Members are concerned that migration needs to be managed in a careful fashion, and to be legal and controlled. Illegal mass migration is causing all sorts of problems, not just for the UK, but for many of those who have been illegally brought into this country.

Pressure is being put on housing and it is important that we take action against rogue landlords. I remember going out with the police in a part of London—I think it was Ealing, but it may have been elsewhere—and they openly said, “Look at all these sheds that have been converted into accommodation. It’s all for people who have come over here illegally.” It is such a widespread problem that very little is being done about it.

Fiona Mactaggart Portrait Fiona Mactaggart
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I represent a constituency in which many such sheds exist, and the housing pressures in Slough are such that most of the residents of those sheds are now perfectly legal.

David T C Davies Portrait David T. C. Davies
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We do not know that, do we? But we will no doubt be able to find out because we are giving people the powers to check.

There is pressure on schools when pupils cannot speak English. There is a cost for translators and the issue also causes problems for the health service. It undermines wages and creates wider public concerns.

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James Brokenshire Portrait The Minister for Immigration (James Brokenshire)
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This has been a very wide-ranging and passionate debate. Clearly, there are some issues that deserve further scrutiny.

Let me welcome the hon. and learned Member for Holborn and St Pancras (Keir Starmer) to his new role; this is the first opportunity I have had to do so. I look forward to further debates with him on the issues that have been highlighted during this debate.

The hon. and learned Gentleman raised a specific point on the statutory defences under the Modern Slavery Act 2015. Perhaps in the sense of wanting to respond to him positively so that we can end the debate in that manner, I can say that that Act does include provisions relating to defences. There will be a defence to the new criminal offence of illegal working in the Bill. The Director of Public Prosecutions also issues guidance to protect victims from unfair prosecution. Certainly, I can give that reassurance to him and to other Members who raised the point during today’s debate.

May I say to all hon. Members that this Government are firmly on the side of the vast majority of law-abiding migrants who play by the rules and contribute so much to our society? The UK has a long and proud history of immigration and this Government will continue to welcome the brightest and the best, the skilled and the talented to our country and to recognise the contribution that they make.

I thank all my hon. and right hon. Friends for their support of the Bill. My hon. Friend the Member for Peterborough (Mr Jackson) rightly highlighted the concern in his community and the need to deal with illegal immigration. My hon. Friend the Member for Folkestone and Hythe (Damian Collins) made the important point about exploitation by organised crime. He made the very clear statement that exploiters have the most to fear from this Bill. My hon. Friend the Member for Castle Point (Rebecca Harris) talked about strengthening criminal sanctions for illegal working.

My hon. Friend the Member for North West Norfolk (Mr Bellingham) raised an issue in relation to nurses and talked about some of the things that he has seen in his constituency. I can say to him that we take the advice on who should go on our shortage occupation list from the Migration Advisory Committee. That Committee said at the start of this year that nurses should not go on that list. It is considering the evidence further, and we will continue to take account of what it has to say on these important matters.

My hon. Friend the Member for Pendle (Andrew Stephenson) highlighted the new closure power and the scope of the director of labour market enforcement. We have launched a consultation today and I welcome contributions to that. My hon. Friend the Member for Monmouth (David T. C. Davies) highlighted his experiences on his visit to Calais, a point that was also raised by other hon. Members who have been out to northern France. Indeed, my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) also highlighted this point, and we are continuing to work with Kent County Council on the pressures it has experienced, particularly those concerning unaccompanied asylum-seeking children.

My hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) made a powerful point about having good migration, not mass migration, and my hon. Friend the Member for Gower (Byron Davies) talked about how we need to stop the abuse carried out by rogue landlords. I hope that we will reach a point in our discussions on the Bill at which we will highlight how these measures contribute to taking action against rogue landlords more generally, working with local authorities to clamp down on the appalling conditions in many of the properties those landlords own. This is about supporting the proper regulated sector and joining up to take action against those who are exploiting the vulnerable.

Fiona Mactaggart Portrait Fiona Mactaggart
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The Minister said earlier that the Modern Slavery Act 2015 would protect victims who might be prosecuted for working illegally. He says that the Bill will enable us to deal with rogue landlords. Will he put in the Bill protection for landlords who let a property accidentally, who are not rogues, and protection for victims of trafficking?

James Brokenshire Portrait James Brokenshire
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We will no doubt discuss that point in Committee, but the Bill builds on measures in the Immigration Act 2014, including the right-to-rent provisions, the mechanisms that operate and the clear guidance we provided in the pilot scheme, and we will continue to do that. We are clear that there should not be any discrimination and that will be set out firmly in the guidance we will provide. That point about how the Government are approaching the measure must be stressed to the House.

My hon. Friend the Member for Gower mentioned the impact on children, a point that was raised by other hon. Members as well. Section 55 of the Children Act will continue to apply as regards safeguarding duties towards children.

My hon. Friend the Member for Bedford (Richard Fuller) talked about immigration detention and I repeat that we have commissioned the Stephen Shaw review into immigration detention. Stephen Shaw has recently submitted his report and his findings are being considered carefully. The report will be published by laying it before Parliament alongside the Government’s report on its recommendations.

Oral Answers to Questions

Fiona Mactaggart Excerpts
Monday 12th October 2015

(9 years, 2 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait The Secretary of State for the Home Department (Mrs Theresa May)
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I am sure that the thoughts of the whole House will be with the people of Turkey after the terrible attack that took place in Ankara at the weekend.

A week ago, in the small hours of the morning, Police Constable David Phillips was killed in the line of duty. PC Phillips’ death serves as a terrible reminder of the real dangers that police officers face day in and day out as they put themselves in harm’s way to deal with violent criminals and dangerous situations. The murder investigation is ongoing, Merseyside police have made arrests and I am sure that the whole House will agree on the importance of bringing his killers to justice.

Police officers put themselves in danger doing a vital job and it is important that we ensure that their families are looked after if the worst happens. As the law stands, widows, widowers and surviving civil partners of police officers who are members of the 1987 police pension scheme stand to lose their partner’s pension if they remarry, form a civil partnership or cohabit. In recognition of the level of risk that police officers face in the execution of their duty, the Government have pledged to reform the 1987 police pension scheme—

Baroness May of Maidenhead Portrait Mrs May
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We will reform the scheme to ensure that the widows, widowers and civil partners of police officers who have died on duty do not have to choose between solitude and financial security. The Government will lay these regulations in the coming weeks and the change will be backdated until 1 April 2015.

Migration

Fiona Mactaggart Excerpts
Wednesday 16th September 2015

(9 years, 3 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend has it in a nutshell. By giving £1 billion to refugees in the region, we can support more people in the region, from where, in due course, they will be able to return home, which is where many of them wish to be.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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The Home Secretary will be aware more than anyone else in the House of the inefficiency inherent in our asylum determination system, which a report by the Public Accounts Committee last year said was being made worse by reducing the seniority of decision makers. Will she ensure that Syrian refugees have their status assessed by well-trained expert staff and have access to healthcare and the other provision that such vulnerable refugees will absolutely need?

Baroness May of Maidenhead Portrait Mrs May
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I can guarantee to the right hon. Lady that people will be specifically set aside with the task of assessing these claims. Of course, there is an initial assessment with the UNHCR in the region, and we also work with the International Organisation for Migration, which assesses migrants’ health needs. On Monday, I spoke with Bill Swing, who runs the IOM, about the facilities it can make available in the region to carry out those assessments—for example, looking at important issues such as vaccination. The point of matching people with accommodation and support in the UK is to ensure that their needs, be they physical, medical needs or mental health needs, can be met.

Immigration Detention

Fiona Mactaggart Excerpts
Thursday 10th September 2015

(9 years, 3 months ago)

Commons Chamber
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Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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I join all those who have welcomed this report. I am chair of the all-party group on human trafficking and modern slavery, and this issue concerns us because so many of those in detention have been victims of trafficking.

I will start by quoting an email from a constituent. She is not a victim of trafficking or a refugee. She is the wife of an EU citizen who is working in the UK, so she should have the right to stay here. I firmly predict that she will eventually be allowed to stay, but the Home Office is currently maintaining that hers is a sham marriage. She was detained for more than 50 days, and she wrote to me about three weeks ago. Forgive her English:

“Today I want to bring something in your acknowledge about how detention centre’s life effect mentally. According to me home office don’t bother about people’s life, they leave them in detention centres for die…I am nearly became a mad person while in centre because I am so much upset and depressed. I am feeling scared at night, I can’t sleep even for an hour, you know when am close my eyes then am feeling that I won’t be able to open my eyes again or if I will open may be I will be blind. I am going to mad. I am totally has been die after death of my uncle and grand mom. I went 3 to 4 times in healthcare to see doctor for depression but they just saying you have to wait few days for doctor appointment. I don’t know why they not taking it seriously as my condition is not good. You know I haven’t had any food since Saturday not at all. Even not tea. Please I want to go to my husband and parents. I can’t die like this. Why this people can’t see my condition. I can’t stay here any more not even a single moment. I am not a animal.”

This is not a woman who lacks family support. Her husband is here legally and is supporting her. She has other family here supporting her. Unlike most of the very vulnerable people in detention, she is not a victim of previous cruel, inhuman and degrading treatment, yet we can hear from that message to her MP how desperate the experience of detention made her feel.

I shall not comment on everything in this excellent report. The one part of it that has the best chance of making a difference to the Home Office is the proposal for a legal limit on detention. The lack of a legal framework means that that most inefficient of Departments feels that it has the right to continue to be inefficient and to let people suffer as a result of its inefficiency.

I am particularly concerned about victims of cruel, inhuman and degrading treatment, victims of trafficking and victims of torture who are detained. The Helen Bamber Foundation reports that in the two months since the suspension of the detained fast track, which was suspended because it was found to be illegal, 108 people have been referred to the foundation. In 97% of cases prima facie evidence was found of torture or ill treatment having been suffered. That should have prompted immediate release. There are currently appalling delays before rule 35 reports are made, and officials from the Home Office reject those reports because they say there is no independent evidence or people did not disclose early enough.

I am grateful to the Minister, who wrote to me in August saying that he intends to work with NHS England to consider how to improve the timeliness of medical examinations and rule 35 report production, but the Helen Bamber Foundation tells me that it has not had any consultation about how that will be done. We all know that that is the most expert group in the whole country on victims of torture.

It is desperately urgent that we get these problematic matters sorted out. Even the British Medical Association, which does not often brief Members of Parliament on immigration issues, has provided us with a sensible paper containing practical recommendations, including that rule 35 reports should be written

“only by clinicians with relevant medical experience or appropriate training in identifying, documenting, and reporting the physical and psychological sequelae of torture.”

It is obvious that that should happen. I do not believe that the Minister does not think it should happen, but because there is no legal framework which ensures that that is delivered, and because in practice there is no accountability, which is what it comes down to, the Home Office’s system can get away with allowing appalling delays and amateur, inexperienced Home Office officials to say, “There’s no independent evidence that you were raped”—gosh, what a surprise!—or “There’s no independent evidence. Those scars on your body could have been caused by something else.” Such things have regularly happened to people who have been victims of trafficking and torture.

The onus is on the state to identify potential victims of trafficking. That is our legal obligation, rather than requiring the potential victim to disclose. It is clear from the Helen Bamber Foundation that the experience of being in detention makes it harder for people to deal with the impact on their mental health and harder for people to disclose. Therefore the Minister must make it clear how he will ensure that in future people who have been tortured and people who are been trafficked do not suffer further through the actions of the Home Office, and that we as a state make sure that they can overcome that victimhood.

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Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I am grateful for the opportunity to speak briefly in this very important debate. As other hon. Members have done, I commend—as best practice for other all-party groups to follow—the work of the groups that produced the report during the last Parliament. I am grateful for its acknowledgment of my former colleague Sarah Teather’s leadership in this area during her time in the House.

In looking at the scale of this problem, the surveys recently carried out by the Bail for Immigration Detainees group are interesting. During the most recent survey period, 216 people left detention after more than 12 months. It is worth reflecting on the sheer scale of that. My greatest concern is that, ultimately, only 38% of such people were required to leave the country. Therefore, the system is not just inhumane, but inefficient. It is not doing the job that we as taxpayers require it to do.

When I see such figures, I inevitably draw on my own professional experience. Before I entered Parliament, I was a criminal court solicitor, like the hon. Member for Enfield, Southgate (Mr Burrowes). I started my professional career as a procurator fiscal depute. We worked to very strict timetables in Scotland. Any prosecutor remanding people on such a scale and getting convictions for only 38% of them would have found themselves in some difficulty with their superiors.

It is worth comparing how we treat those detained for immigration purposes with how we treat other people in our community whom we detain in the criminal justice system and the mental heath system. In neither case do we detain people without a time limit or any sort of judicial supervision of their detention. Frankly, if we rightly apply such a standard for our own people, why should the standard be different for those who come here fleeing persecution in other countries?

That brings me to the point about the availability of legal representation that I made in my intervention on the hon. Member for Sheffield Central (Paul Blomfield). I have no doubt that the lack of access to legal representation contributes to making many cases last longer than the 12-month period identified by BID. At the time of the last BID survey, only 50% of people had representation when they were interviewed, and 11% never had any representation. We all know why: these people come from countries with very different legal systems and access to justice is on a very different basis, if indeed there is much state-provided justice at all. In addition, there are the difficulties of language and the mental health problems that inevitably arise, as the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) said. We can understand the importance of getting proper representation to people in such situations.

Fiona Mactaggart Portrait Fiona Mactaggart
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The constituent I quoted was unable to access legal representation because she could not afford it. It was a case of paying the council tax or paying a lawyer. In the end, she succeeded in her bail bid by representing herself, which is one of the things we need to help people to do.

Alistair Carmichael Portrait Mr Carmichael
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Indeed. I was very struck by the constituent’s email that the hon. Lady read out. It is clear that that lady has significant language difficulties. Nobody in such a situation should be left having to represent themselves before a court or tribunal. These are exactly the sort of people for whom legal aid is designed and is absolutely necessary.

If I could make only one change, it would be in relation to the need for a time limit. In my time as a prosecutor, when we detained somebody or remanded them in custody, they had to be brought to trial within 40 days on a summary complaint or within 110 days on an indictment. Those were very demanding timescales to meet, and it could be very difficult to do so, particularly for complex crimes. However, such people were given priority because they had been deprived of their liberty. If that is how we treat people suspected of a crime, I see no reason why we should treat people seeking refuge any differently.

--- Later in debate ---
Paul Blomfield Portrait Paul Blomfield (Sheffield Central) (Lab)
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On behalf of the hon. Members for Bedford (Richard Fuller) and for Enfield, Southgate (Mr Burrowes) and my own behalf I thank all the Members who have contributed to the debate. I am delighted to say that there were too many speakers for me to mention individually. All the speeches were characterised by powerful stories and strong arguments. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) is right: we have stumbled into this situation under the auspices of successive Governments, and we all have a responsibility to resolve the position and sort it out.

We have heard from 25 speakers representing four parties on both sides of the House, and there has not been a dissenting voice on our central recommendation.

Fiona Mactaggart Portrait Fiona Mactaggart
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Will my hon. Friend give way?

Paul Blomfield Portrait Paul Blomfield
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I do not think that I have time, but I give way briefly.

Fiona Mactaggart Portrait Fiona Mactaggart
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Does my hon. Friend share my disappointment that, although the Minister referred to Stephen Shaw’s report, we still do not know when it is going to be published, and we do not know what consultation will take place with medical experts and organisations representing people whose mental health is suffering in detention about the consequent conclusions of the Home Office?

Paul Blomfield Portrait Paul Blomfield
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Yes I do, and I am also concerned about the fact that the remit of the report is too narrowly drawn.

Our central recommendation is for a statutory limit on immigration detention. The cultural change that that will produce—an end to the presumption to detain, and the development of community-based alternatives—will restore humanity and justice to the system, and it will be more efficient and effective.

I hope that the Government will take account of the debate. The Minister set out the Home Office’s policy and, indeed, the law on indefinite detention. The problem is that the reality does not match it, and I hope that he will acknowledge the need for change.

Let me end by joining others in thanking Sarah Teather for her work. I also thank all the detainees who gave evidence to us, many of whom have watched the debate today. I hope that they will see the difference that their contribution has made, and I commend the motion to the House.

Question put and agreed to.

Resolved,

That this House supports the recommendations of the report of the Joint Inquiry by the All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration, The Use of Immigration Detention in the United Kingdom; has considered the case for reform of immigration detention; and calls on the Government to respond positively to those recommendations.

Oral Answers to Questions

Fiona Mactaggart Excerpts
Monday 6th July 2015

(9 years, 5 months ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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My hon. Friend makes an important point because, obviously, modern slavery is often a hidden crime. The Government have been raising awareness of it so that anybody who identifies behaviour or anything else that they feel is suspect knows that they need to take it to the police. Individuals can then be referred to the national referral mechanism and we can ensure that the proper support is available to victims. The Government fund that support and it is currently provided through the Salvation Army. I pay tribute to the Salvation Army, which celebrates its 150th anniversary this year and has done good work in society across all those 150 years.

Fiona Mactaggart Portrait Fiona Mactaggart (Slough) (Lab)
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The legal judgment last week about the detained fast track process followed the finding of the Helen Bamber Foundation earlier this year that in two thirds of the 300 cases that had been referred to it, there were signs of torture or trafficking. It is clear that the detained fast track is being abused by the Home Secretary’s officials. I am glad that it has been suspended, but will she promise the House that the suspension will continue until it has had an opportunity to consider Stephen Shaw’s report?

Baroness May of Maidenhead Portrait Mrs May
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As I have indicated, we are reviewing the detained fast track. The Minister for Immigration announced to the House that we had suspended it. We are checking how we deal with these people to ensure that we mitigate the risk that those who have been subjected to torture could, inadvertently, be taken into the detained fast track. I say to the right hon. Lady that there will be many opportunities in the coming months to raise this subject in the House.