Oral Answers to Questions

Debate between Gareth Bacon and Gareth Johnson

Tuesday 21st November 2023 Commons Chamber

[Gareth Johnson (Dartford) (Con)]

12. If the Government will make an assessment of the potential merits of extending the unduly lenient sentence scheme to include additional offences.

[The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)]

In 2019 we expanded the unduly lenient sentence scheme to include 14 new offences, including further child sexual offences and coercive or controlling behaviour. We have no immediate plans to extend the scheme further, but we keep it under constant review.

[Gareth Johnson]

I welcome the new Minister to his place; his is an excellent appointment and I wish him every success. The fact that malicious wounding, actual bodily harm, burglary and even rape, when dealt with in the youth courts, do not come under the unduly lenient sentence scheme is plain wrong. Will he please review that situation, which time and again lets down the victims of those serious crimes?

[Gareth Bacon]

The unduly lenient sentence scheme is intended for use in serious cases for offenders sentenced in the Crown court. The Attorney General has the power to refer a sentence to the Court of Appeal for review if they believe it is unduly lenient. A youth court can sentence a child to up to two years of detention only. Where a child’s offence is likely to attract a sentence of more than two years, the case must be passed to the Crown court for sentencing, where the scheme therefore applies.

Asylum Applicants: Mental Health and Wellbeing

Debate between Gareth Bacon and Gareth Johnson

Tuesday 27th June 2023 Westminster Hall

[Gareth Bacon]

I have a lot of sympathy with that point. It is critical that we process asylum claims much more quickly because while those claims are in abeyance, the asylum seekers are living in stasis. It might be that people who come to claim asylum are not asylum seekers, but economic migrants. That does not make them bad people, but it does mean that they are illegal immigrants, and they should be returned. What should not happen, as in the case of my constituent, is that they live in a state of limbo for years. That should not be acceptable in any way, shape or form.

I became aware of Mr A’s case on 14 March 2022, when a constituent made contact to request that I engage with the Home Office. Back then, my constituent had already noted Mr A’s deteriorating mental health. However, despite my office’s regular efforts to obtain updates, it was not until August 2022—five months later—that the Home Office responded, and only to say that Mr A would have to wait a further six months for an update.

I am sure the House can imagine the effect that that message had on Mr A. Indeed, only a few days after receiving that news, he climbed up Tower Bridge with the intention of attempting to kill himself. Fortunately, he was talked down. He was taken to hospital and later returned to the accommodation with which he had been provided in Biggin Hill. Given the elevated risk of harm displayed by Mr A, my office contacted the Home Office to alert it, in the hope that a sense of urgency would be felt by those in charge of processing the case. However, several more months went by without a resolution of any kind.

In January, therefore, I met with Mr A and another of my constituents, who had been helping him. During our meeting, Mr A presented me with evidence for his asylum claim. That included X-ray images of his body. Disturbingly, the images showed a large amount of metal shrapnel lodged in his torso and limbs as a result of being shot at by the Syrian regime. The evidence also included photographs of him after he had been beaten with an iron bar. Faced with this disturbing evidence and having no success at all in persuading Home Office officials to progress Mr A’s case, my office informed officials that if no progress had been made in two weeks—that is, by 3 February—I would seek a meeting with the Home Secretary to personally brief her on the situation, place the entire file in her hands and ask her to intervene. I hoped that that might lift the all-pervading sense of disinterest and inertia.

No such luck: on 31 January, I received an email from Home Office officials that gave no additional information and no indication as to when a decision would be made, and that claimed to have sent a response to Mr A on 16 January. Neither Mr A nor my other constituent who attended the meeting with me on 20 January—four days after the Home Office letter was allegedly sent—had mentioned that letter. On 1 February, my office called the Home Office hotline to request a copy of it. The response we received was that the Home Office was unable to locate the letter, and the officials stated that it had not been uploaded to the system. When they asked my staff member if he would like to request that they find the letter and send it to him, and he said he would indeed like them to do that, he was told that that would be treated as a new query and it would be sent to my office within 20 working days. You could not make this stuff up.

Later that day, I informed my hon. Friend the Member for West Bromwich West (Shaun Bailey), who is a Parliamentary Private Secretary to the Home Office, of my intention to seek a meeting with the Home Secretary. He chased my request diligently, and three weeks later, on the morning of 22 February, he informed me that he had made progress on securing the meeting and asked me for Mr A’s date of birth and case reference number, which I passed to him a short while later. At 6 pm, he informed me that he had secured a meeting with the Home Secretary in her office in the House, scheduled for 6.45 pm that evening.

When I turned up for the meeting, I was brusquely turned away by a Home Office special adviser called Jake Ryan, who refused to allow me in. When my hon. Friend told him that that was unacceptable, the special adviser swore in his face. The high-handed arrogance of this unelected political appointee was staggering. I gather that my hon. Friend escalated the situation to higher authorities because at last there was movement on Mr A’s case. When I finally attended a meeting with the Home Secretary on 1 March, she informed me that officials had determined Mr A’s case. He would be granted 30 months to remain in the country and his application for asylum was refused on account of him being a Chilean national. The House will recall that I had been informed that, while Mr A had a Chilean grandmother, he is not a Chilean national, has no living Chilean relatives and, indeed, has never visited Chile.

Giving Mr A limited leave to remain means that he cannot regularise his life here or bring his family. Furthermore, giving him limited leave to remain, after which he will presumably be returned to Syria or sent to Chile, which apparently has a returns arrangement with Syria, is terrible news for Mr A because it significantly increases the likelihood of him being returned to a country where there is a direct threat to his life. The fact that the special adviser refused to allow me to see the Home Secretary on 1 March is extraordinarily frustrating, because had he not done so, I would have been able to alert her to those facts and it is possible that a different outcome to Mr A’s case would have been achieved.

In the meeting on 1 March, I asked the Home Secretary for the case to be looked at again by officials, and she assured me that it would be. Two weeks later, on 15 March, I received formal notification from the Home Office of the decision it had taken. The relevant sections of the letter read:

“On 3rd November 2020, Mr A submitted a claim for asylum; I apologise for the delay in progressing this case and any distress this may have caused.”

For the avoidance of doubt, that letter was written in March 2023. The delay referred to amounted to two years and four months. The letter continued:

“Mr A had a series of significant safeguarding issues (suicide attempts); We take the mental health and wellbeing of asylum seekers very seriously. We discussed Mr A’s case with officials and there were a number of delays due to the sensitivities and complexities of the case.”

The claim that Home Office officials take these issues seriously is one that I treat with a great deal of scepticism, certainly in the context of this particular case. Again, for the avoidance of doubt, it was the disinterest and protracted institutional inertia of Home Office officials that caused the safeguarding issues that they referred to.

The letter then stated:

“Mr A’s application was fully considered and the asylum and Humanitarian Protection aspect of the claim has been refused as Mr A does not have any individual protection needs in Chile.

However, we will be granting Mr A a period of leave of 30 months on the basis of his private life as, given his vulnerabilities, there would be insurmountable obstacles to him establishing himself in Chile.”

So on the one hand the Home Office accepts that Mr A would be unable to establish himself in Chile, but on the other it is refusing him asylum here, thereby condemning him to suffer another two and a half years of the purgatory.

[Gareth Johnson (Dartford) (Con)]

I pay tribute to my hon. Friend for the enormous amount of hard work and dedication that he has put in for what is now my constituent; it is absolutely right that he continues to deal with this case.

I am deeply concerned about the information that my hon. Friend has set out to the House. We have an excellent Minister here; I hope that she is listening carefully to what he is informing the House about, that she will go back to the Department later today, and that firm and immediate action will be taken on this matter for my constituent.

[Gareth Bacon]

I agree with my hon. Friend.

For Mr A, two and a half more years of loneliness, worry and fears for his family, as well as fear of deportation back to a country where his life is under threat, has inevitably had further detrimental impacts on his mental health. On 13 April this year, I received a further email from the constituent who attended the advice surgery with Mr A in January. She wrote:

“All of the above matters are causing Mr A great frustration and his mental health has seriously deteriorated. We have an appointment with the mental health team at the hospital in May but I personally am extremely concerned that he may harm himself if these matters are not resolved soon. Anything that you can do would be greatly appreciated. I personally cannot understand why our immigration system seems to be so complicated.”

Since I met the Home Secretary on 1 March, my office has been chasing Home Office officials, and my hon. Friend the Member for West Bromwich West has been asking for updates on my behalf, but absolutely nothing has been forthcoming. We seem to be back in the cycle of disinterest and total inertia. In the meantime, Mr A continues to spiral downwards.

Dame Maria, I realise that I have talked at length about a single case, but that is precisely to highlight the wider implications of the approach of officials to processing asylum applications—an approach that is simply not delivering acceptable outcomes. The consequence is deeply damaging to people such as Mr A. I realise that Ministers cannot fix the system overnight, and I have absolutely no doubt that they are straining every sinew to improve the situation. However, they can make a significant difference in cases such as this. Small steps can lead to long strides.

I know my hon. Friend the Minister to be a woman of high integrity and compassion, so I thank her for listening to me and call on her to do the right thing in cases such as this one. Please take them back to the Home Office and fix them.

Road User Charging Schemes

Debate between Gareth Bacon and Gareth Johnson

Monday 26th June 2023 Westminster Hall

[Gareth Johnson]

My right hon. Friend is absolutely right. That is why it has been so good that Kentish MPs have been working with our distant cousins from across the border in the smoky town. These are hon. Friends who, over this issue, would quite like to be in Kent—but we will not let them.

It is important that we make the point about the penalty notices. Income from penalty notices has been factored in by the Mayor of London in the overall budgeting for this. The Mayor relies on people forgetting to pay, or not knowing that they have to pay. That is part of the impact that the Mayor is placing on us.

As has been said a few times in this debate, the charging scheme is not about air quality. That is the façade that has been used. In Dartford we have poor air quality. We suffer from the impacts of westerly winds and the Dartford crossing, and as a consequence we have poor air quality. Therefore, if it was about air quality, I would be one of the first people to be sympathetic, but it is not about that. If it was about air quality, Sadiq Khan would be banning vehicles from London. He does not want to ban them; he just wants to make money out of them—and he needs to make a certain amount.

We know that the London underground is far more polluted than the air on the streets, yet the policy will force more people to use the underground and so suffer a bigger impact because of the quality of the air they will be breathing. The scheme has absolutely nothing to do with air quality. At the moment, the Mayor of London is doing away with our daily travel cards, which again pushes more people on to the London underground, where the air quality is far worse.

[Gareth Bacon]

At recent public meetings, the Mayor of London equated the expansion of the ultra low emission zone to the banning of smoking in pubs. Would my hon. Friend agree that the banning of smoking in pubs was not subject to a £12.50 charge—as if someone paying £12.50 would not be polluting the air in the pub while smoking? The comparison between the two is completely and utterly bonkers.

[Gareth Johnson]

Absolutely. It is also fair to say that in any consultations that took place at the time, the majority of people were in favour of banning smoking in pubs. Even if we accept wholeheartedly what the Mayor of London has said about the consultation process, we know that a majority of people do not support the ULEZ expansion. It was a sham consultation. What is the point in having a consultation and totally ignoring its outcome? There are lots of rumours that the cameras were bought before it took place, and that therefore there was never any chance of Sadiq Khan rolling back on the policy. He was hellbent on expanding the ULEZ no matter what anybody said, and no matter what the outcome.

What we have not heard is Sadiq Khan saying that he will not move the goalposts. I firmly believe that he has in mind the fact that he has to earn a certain amount of money to pay for the infrastructure that he will put in—£250 million, for a start—and to fill the black hole in his finances. If too many people switch to compliant vehicles, he will move the goalposts, so the next category of vehicles will no longer be ULEZ compliant, until all petrol and diesel cars are not compliant and are therefore charged. The Mayor of London has not ruled that out, and I firmly believe that it will happen. This is not the end, but the beginning.