Modern-day Slavery
Gareth Snell Excerpts(6 years, 1 month ago)
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Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
I beg to move,
That this House has considered tackling modern-day slavery.
It is a pleasure to serve under your chairmanship, Ms McDonagh. Before I progress with my short speech, I need to place on the record my thanks to my hon. Friend the Member for Gedling (Vernon Coaker), who cannot be present this evening because he is away at the Parliamentary Assembly of the Council of Europe. His chairmanship of the all-party parliamentary group on human trafficking and modern slavery does so much to ensure that this issue is always at the top of the political agenda.
I also briefly place on the record my thanks to the Co-operative party for pursuing the matter so vociferously. The Co-operative party has ensured that modern slavery is now taken exceptionally seriously both inside this place and outside. As a result of its vociferous campaigning, 30 local authorities have signed up voluntarily to a modern slavery charter that takes them above and beyond the requirements of the Modern Slavery Act 2015, which I shall talk about later. Clearly, a concerted political effort can ensure that we get safety for people fleeing horrible circumstances.
Maggie Throup (Erewash) (Con)
I apologise for intervening on the hon. Gentleman so early on, but I wanted to put something on the record as well: the great contribution made in the other place by Alastair Redfern, the Bishop of Derby, as we took the Bill through both Houses to become the Act. Without his dogged determination, we would probably not be sat in this Chamber today having this debate. He has actually just retired as Bishop of Derby, at the end of August. I am sure that putting that on the record will be well received by him and the people who worked with him.
Gareth Snell
It is true that where we are today is the result of a collective effort and political will across not only this House but Parliament as a whole. That is demonstrated not only by the number of Members present today but by how the matter has been pursued through APPGs, private Members’ legislation and amendments to various other Bills.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Before my hon. Friend moves on, may I add another name to the list of the illustrious? Home for Good, a Christian charity, has been working so hard to raise the profile of the real dangers of certain institutions that look as though they are orphanages but are actually involved in the trade. Separation of children from parents—even from one parent—is a dangerous activity. Will he look at the Home for Good report and study it carefully? He will find it very helpful?
Gareth Snell
Indeed, he is my friend, but he is now only the second most famous person from Huddersfield following the debut of the new Dr Who. I do not know whether he has a sonic screwdriver, but we can sort one out for him.
My hon. Friend is right. A number of organisations and charities sent me briefing notes, and what I found interesting as all that information came into my office was the sheer volume of work being done quietly and diligently to ensure that this issue of our young people and others being abused and exploited is tackled. If we look at the work and try to quantify it, we can see that in addition to the efforts of Government and Parliament, civil society is once again demonstrating that it is a force for good.
Mr Jim Cunningham (Coventry South) (Lab)
This is a timely debate. Has my hon. Friend’s all-party group looked at the legislation that was passed some years ago after the tragedy in Morecombe bay and the problems with gangmasters? Has he any comments on that? I am surprised that we still experience modern-day exploitation— for want of a better term—in all age groups.
Gareth Snell
My hon. Friend must be somewhat prescient, because he has read ahead in my speech before I have managed to get to that point. I shall touch on it later.
I welcome the announcement by the Government of the review of the Modern Slavery Act, which will be ably chaired by my right hon. Friend the Member for Birkenhead (Frank Field) and the right hon. Member for Basingstoke (Mrs Miller), as well as the noble Lady Butler-Sloss. That is a triumvirate of expertise if ever there were one. I am grateful to my right hon. Friend for being present this afternoon.
I want to talk about the processes in the Modern Slavery Act. It was a step forward in properly attacking and dealing with some of the horrible situations people find themselves in, but it also contained important preventive measures that helped to reduce modern slavery in all forms, whether sexual exploitation, domestic servitude, forced labour or criminal exploitation.
For me, one of the most important parts of the Act is section 54, which requires large companies with a turnover of £36 million or more to place on record transparency in their supply chains. Such modern slavery statements are a welcome process to deal with these problems but, if we are honest and up front, the implementation is simply not working properly. At a meeting of the Public Accounts Committee, on which I sit, the Home Office confirmed that it does not compile a list of companies that may be required to make a declaration, does not have a list of those that have done so and, importantly, does not maintain the database. Any further analysis of the information in the declarations is made by non-governmental organisations.
Darren Jones (Bristol North West) (Lab)
On that point, will my hon. Friend join me in congratulating TISCreport, which was developed and is based in Bristol? It has looked at the 18,000 companies with revenue of more than £36 million, and it is the only organisation that maintains a database of the companies that comply with section 54. The database is now searchable via a zoomable map. Will he encourage the Minister to engage with TISCreport and to allow it to help the Home Office in its endeavours?
Gareth Snell
My hon. Friend makes an excellent point. NGOs are doing some excellent work but, fundamentally, I believe that such work should be done by the Home Office and by Government—because we are talking about something set out in statute—rather than relying on the benevolence of third-party organisations.
Despite the work of the organisation in my hon. Friend’s constituency, and even though the matter has been progressed, I know that the Minister is aware of concerns about how section 54 is being implemented. Back in April I asked a question in the Chamber of a Department for International Development Minister, who confirmed that a hub was being set up. Will the Minister present today confirm what progress has been made on that hub?
What is really worrying, however, is that an investigation by The Guardian demonstrated that of the companies that had made a modern slavery statement, more than two thirds had failed to refer specifically to the risk of modern slavery. They had made a declaration, but it did not comply with the requirements of the Act. More worryingly, only 19% of all agricultural businesses that should be making a statement have done so, and that is an area in which exploitation could be rife.
Unfortunately, because everything is being done by third-party NGOs, the ability to compel necessary information simply does not exist. Until the Government introduce something on a formal statutory basis, more and more organisations will seek to put aside their responsibilities. The Co-operative Group, which I shall talk about later, has estimated that it is cheaper and easier for organisations simply to ignore the requirements than it is for them to produce the statements and submit them. There is no validation and so no penalty for failing to make a declaration.
The section 54 requirement also applies only to commercial organisations. The public sector, however, is a huge spender of money—billions and billions of pounds are spent in procurement—yet no public authority is required to make declarations to demonstrate their actions to reduce modern slavery. Were we to extend section 54 to cover public bodies and authorities, that might not stop certain aspects of modern slavery happening, but we would be able to have oversight of where the billions of pounds in public procurement are ultimately being spent, and Members could look for the impact on modern slavery.
Anne Marie Morris (Newton Abbot) (Con)
Does the hon. Gentleman agree that smaller businesses ought to be included in the overall remit of the Act? After all, they include nail bars and people working on tips. If we had a system whereby when a licence was granted by local authorities, businesses had to tick a box on their compliance with modern-day slavery rules, that would be a real step forward.
Gareth Snell
The hon. Lady is absolutely right. The current scope of section 54 is well meaning, and in some ways if it was implemented correctly it would have a huge impact on large organisations. But if we are being honest and up front, most of the places where modern slavery is perpetrated in the UK are small businesses that are not properly regulated. It is tied employment, with people living in a room above a shop and being told that their rent and board is all paid for as part of their salary but, “By the way, you can’t ever leave us.” Local authorities having a remit would be a way of tackling that. However, we must be clear that if we are to give local authorities new responsibilities, new funding must come with that, because simply asking local authorities to do more with their depleted amounts of money simply will not do.
Dr David Drew (Stroud) (Lab/Co-op)
Does my hon. Friend accept that modern slavery sometimes happens at an individual level? I have a case where someone was brought to this country for work, to look after someone’s care needs. Yet when the care was no longer needed, they got rid of them and refused to pay the money they owed, and that person is now completely rootless and needs support in this country. Does he see that as a particular problem?
Gareth Snell
My hon. Friend is absolutely right; I will touch on individual cases later on, where there should be greater support and strength for victims of modern slavery.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
I thank my hon. Friend for making the important point about the contribution of local authorities. Local authorities are under incredible financial pressure, as he rightly outlined, but 40 local authorities have still signed up to the charter, one of which is my council, Liverpool City Council. In the spirit of the cross-party attendance at this debate, does he agree that it is vital that councils, no matter their political make-up, debate and adopt that charter as quickly as possible?
Gareth Snell
I could not agree more with my hon. Friend. It is sad that the council that I used to lead, which is now not run by our political party, decided not to adopt the charter because it is worried about being too political. I am not sure how we can be too unpolitical in tackling modern slavery, but unfortunately there are still some organisations and local authorities that see the issue as partisan. If only they looked at Parliament, where partisan issues have been put aside and everyone looks at this issue collectively to find ways of dealing with it across both Houses and across parties, they could learn some valuable lessons from us. My hon. Friend is right that where local authorities are going above and beyond they are making a real difference to individuals whose existence would otherwise be one of daily toil and exploitation. The more we can do to tackle that, locally or nationally, the better.
Jim McMahon (Oldham West and Royton) (Lab/Co-op)
I congratulate my hon. Friend on securing the debate. Does he agree that for victims of modern-day slavery, rebuilding their lives is a challenge in itself? I pay tribute to the Co-operative Group and other businesses that are offering paid work placements for victims of modern-day slavery.
Gareth Snell
My hon. Friend is right; the Bright Future project, which the Co-op Group runs, is a demonstration of the tangible activities that ethically minded organisations can carry out to give people fleeing modern slavery a real opportunity.
John Spellar
My hon. Friend mentioned the role of local authorities in providing a lead. The role of my own council, Sandwell, has been recognised with a public award, precisely for working with other agencies to tackle this menace. Councils and public bodies also have to be receptive to information; many people who live next to the places involved and sometimes go in and work in them provide information. The authorities—whether the police, the Home Office or the local authorities—have powers, but they need to be receptive to the information and use the powers they have, even though they need more.
Gareth Snell
As always, my right hon. Friend is absolutely spot on. I would add that local authorities have struggled with their existing requirements. If we are to give them more things to do, and I think we can, that has to come with the required funding. This is too important to do half a job badly; I would rather we did all the job properly. Once again, Sandwell Council in the west midlands demonstrates how that can be done. Having heard my right hon. Friend’s intervention, I am sure that other councils will look to Sandwell as a model to follow in future.
I will move on to one of the things that the Government could do to actively address all the points being raised. Baroness Young’s Modern Slavery (Transparent Supply Chains) Bill would extend the section 54 clauses to cover almost everything that has been discussed. The Bill would allow for local authorities, public bodies and smaller organisations, including commercial organisations, to be covered by the requirement to make declarations. The more information we have, the easier it will be to tackle this scourge. I ask the Government to do slightly more. They can no longer rely on non-governmental organisations and charities to enforce the will of Parliament as expressed through the Modern Slavery Act. There has to be direct Government responsibility for the collection and analysis of the data that they have asked to be produced.
I ask the Minister to update the House on the process for appointing the new Independent Anti-slavery Commissioner. That role has been empty since May. According to the Home Office documentation, a meeting should take place this week to shortlist candidates. I wonder whether we are still on track for that. Given the comments of Kevin Hyland about his independence as he left that post, I ask the Minister to reassure us that those comments have been taken on board and that the new Independent Anti-slavery Commissioner, whoever that may be, will have the powers, responsibilities and independence they need to do the work that we all know and agree is needed.
To move on from the processes, behind every statistic, case and referral there is an individual whose life has been turned upside down and torn apart because of modern slavery. The Walk Free Foundation estimates that there are 136,000 victims of modern slavery in the UK alone. To put that into context, that figure is equivalent to the population of West Bromwich, Gloucester or Worcester being enslaved in the UK. We should all be worried about that, because unless we tackle this root and branch, we cannot hold ourselves up as a compassionate society.
There is also an international element to the issue: £14 billion of goods are imported into the UK. We can all be pretty much guaranteed that some of those products will be made by slaves or people in servitude. Everyone here and watching at home—I am sure there are millions of them—can be almost certain that something in their home, wardrobe or car will have been made by a slave. Statistically, it is likely that at some point, every single one of us will have an item of clothing made by a slave, if we do not already. We must take that very seriously, because our obligations do not rest domestically; we should set the standard around the world. As our post-Brexit trade negotiations take place, we should ensure that an ethical trade policy that tackles modern slavery here and overseas forms part of our trade policy. If we can use our purchasing power to make the world a better place, we have a duty to do so.
The National Crime Agency statistics from the national referral mechanism suggest that roughly 1,600 referrals are made each quarter. In the first quarter of this year and the second quarter of last year combined, just over 3,200 referrals were made. Although the victims predominantly came from the United Kingdom, they spanned 87 different countries. In the UK, people of 87 nationalities made a referral to the national referral mechanism. What is good about the Modern Slavery Act is that the perpetrators are being prosecuted. Only last week, Zakaria Mohammed was prosecuted under the Act for drug dealing using children and county lines. Although the act of drug dealing itself should be punished—I do not think anyone would object to that—the fact that the use of exploited children in a servitude role was prosecuted sends a message that we are taking this seriously.
Mr Sheerman
My hon. Friend has put his finger on the fact that some very wicked people organise this trade, and they are clever. People up and down the country—this is true even in the case of my pet subject of orphanages that are not really orphanages—are gulling ordinary, good people in this country into donating money for things that will be used for an evil purpose.
Gareth Snell
My hon. Friend is absolutely right. The people who perpetrate these crimes do not do so in a cack-handed way. They are organised individuals who exploit the most vulnerable people in our society purely out of greed. The more we do to prosecute and make examples of them, the more we will do to demonstrate that we take the issue seriously and to put people off.
Another recent case is that of Josephine Iyamu, who sex-trafficked workers from Nigeria to Germany. Because she was a UK national, we prosecuted her in this country under the Modern Slavery Act. Again, as internationalists—as a country that looks out to the world—our responsibilities do not rest at our doorstep. We have a responsibility for people around the world. In Leeds, the Cisar family were caught trafficking people for work and exploitation. Thirty-seven people were found in an enslaved situation, working on building sites for £5 a day. Some of the families had to spend their evenings begging for food because they simply were not able to provide food for their children. One of those 37 people was a one-year-old. If we are serious about tackling this issue, we should start with situations like that.
Another problem, which I am sure the Minister will be able to help us with, is what happens once someone has been identified as a victim of modern slavery. The national referral mechanism is non-statutory. Someone who gets a positive conclusive grounds decision has no legal status. They are simply someone we have almost taken pity on—we support them out of benevolence, not because there is a requirement in law for us to do so.
The Government promised last October to increase the duration of support for people who receive a positive conclusive grounds decision from 14 days to 45 days. I understand that that is still in the process of being worked up—it is not actually being implemented. Again, if the Government wished to demonstrate that they take that promise seriously, they could easily announce that they will bring it forward as soon as possible.
Frank Field (Birkenhead) (Ind)
As I have told my hon. Friend, I will have to leave the debate to talk about sanctions in a moment. When we—Members of Parliament and Members of the House of Lords—scoped the original Modern Slavery Bill, the most stunning and terrible evidence we took was from people who had been enslaved. The idea that people get over such bondage easily was knocked sideways by all that. We were in tears listening to the evidence of people who had been broken by modern slavery, but the Government have only just begun to think about that issue.
Gareth Snell
We can see from that thoughtful intervention why my right hon. Friend is absolutely the right person to co-chair the review of the Modern Slavery Act. As I said, every statistic is a person whose life has been turned upside down. At the moment, an individual who is found to have been through modern slavery gets 14 days’ support. I do not know about anyone else in the Chamber, but that does not seem sufficient to me. In fact, 45 days really is not enough. The Government made that commitment last October and they should implement it now, but I ask that they do so as an interim step. As my right hon. Friend the Chair of the Work and Pensions Committee says, that would be a step forward, but it would not be enough to establish a pathway for recovery.
There is something the Government could do today to give some semblance of an impression that they want to do something about this issue. They could announce that they will support Lord McColl’s Modern Slavery (Victim Support) Bill, which has been through the House of Lords and has its support. If they guaranteed Government support for that Bill so that it could proceed in Government time sooner rather than later, I am sure that it would get cross-party support and be one of the fastest pieces of legislation to pass the House of Commons.
That Bill would extend support to 12 months—it would give people who have been through horrendous situations a year’s support. Someone who comes out of modern slavery and needs help should receive it because the state and the people want to give it to them, not because of benevolence and charity. Charity is a cold thing—it is self-selecting. The state should be there to provide help and support. I am sure the Minister will be able to indicate one way or the other whether the Government have any interest in supporting Lord McColl’s Bill. I am sure Opposition Members would be happy to vote with the Government if they did support it.
As my hon. Friend the Member for Oldham West and Royton (Jim McMahon) pointed out, there are organisations doing work in this area. I am going to talk again about the Co-op Group’s Bright Future partnership. That organisation has brought together charities, providers and first responders to give people who have been through modern slavery a way into paid employment—a route back to dignity without waiting for charity. By 2020, more than 300 victims of modern slavery will have been given their lives back through that project. We should commend the Co-op Group for leading the way with that work. I know many other companies are looking at the Co-op Group’s work. All I can say to them is, “Go and ask, and help. They will help you become part of this life-changing partnership.”
We need to prevent people from falling back into slavery. The 45-day period does not give those who are entitled to be in the UK enough time to apply for the required benefits, and it does not give those who are not entitled to be in the UK time to apply for leave to remain. It simply sets them up to fail on day 46. As a society, we simply must not allow that.
I am conscious of the time, so I will wrap up with some very quick points. I am aware that the Minister has a file of information to inform her reply, but I ask her to focus on six very simple areas.
Gareth Snell
Just the six, yes. I have written them down, so it is very easy. Will the Government consider expanding section 54 to cover public bodies and smaller corporates? That would be a good step. Will the Minister update us on the Government’s role in creating a database to properly enforce and actively police modern slavery declarations? Will she update us on where the Government are with the Independent Anti-slavery Commissioner post and guarantee that person’s independence? Will she, as an interim measure, implement the 45-day support that her Government promised in October 2017? Most importantly, if she confirmed that the Government were willing to support Lord McColl’s Modern Slavery (Victim Support) Bill, we could all leave this place very happy people.
Several hon. Members rose—
Gareth Snell
I am good at winding up, Ms McDonagh. I thank the Minister for announcing that she will write to those 18,000 people. That is a good development, so far as I am concerned. I will write to her to try to pin her down slightly more on the early 2019 date; as we know, this Government think that autumn goes up to Christmas eve.
The appetite is there and the need is clear. The only thing holding us back is our political will. By our collective efforts, we can make a real difference in tackling modern slavery, particularly during this month.
Oral Answers to Questions
Gareth Snell Excerpts(6 years, 5 months ago)
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Caroline Nokes
I thank the right hon. Lady for her question, and I welcome the comments that various Select Committees have made on this issue. I have absolutely no doubt that she heard the Home Secretary’s comments yesterday, and I reassure her that we are looking at the matter closely.
Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
The Government remain committed to stamping out the despicable crime of modern slavery. We have strengthened the operational law enforcement response and introduced world-leading requirements for businesses to report on slavery in their supply chains, and we are now transforming the support that we provide to victims.
Gareth Snell
Kevin Hyland, the independent anti-slavery commissioner, stated in his resignation letter that he had too often felt that his independence was subject to the discretion of the Home Office, rather than being on a statutory basis. What will the Minister do to ensure that the next commissioner is given the independence that he needs for his role to be flexible?
Victoria Atkins
May I record our thanks to Mr Hyland for the invaluable work that he did as the commissioner? The whole point of the role of the commissioner is that it is independent, so we very much look forward to filling the position with a similarly robust and independent person in due course.
Data Protection Bill [ Lords ] (Eighth sitting)
Gareth Snell Excerpts(6 years, 8 months ago)
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Liam Byrne
Exactly. My hon. Friend makes such a good point. The challenge with the way that Her Majesty’s Government have approached the Bill is that they have taken a particular problem—that we are heading for the exit door of Europe, so we had better ensure that we get a data-sharing agreement in place, or it will be curtains for Britain’s services exports—and said, “We’d better find a way of incorporating the GDPR into British law as quickly as possible.” They should have thought imaginatively and creatively about how we strengthen our digital economy, and how we protect freedoms, liberties and protections in this new world, going back to first principles and thinking through the consequences. What we have is not quite a cut-and-paste job—I will not describe it in that way—but neither is it the sophisticated exercise in public law making that my hon. Friend describes as more virtuous.
I want to give the Committee a couple of examples of why this is so serious, as sometimes a scenario or two can help. Let us take an individual whom we will call “Mr A”. He is a 56-year-old man applying for website development roles. Typically, if someone is applying for jobs in a particular sector, those jobs will be advertised online. In fact, many such roles are advertised only online, and they target users only in the age profile 26 to 35, through digital advertising or social media networks, whether that is Facebook, LinkedIn, or others. Because Mr A is not in the particular age bracket being targeted, he never sees the ad, as it will never pop up on his news feed, or on digital advertising aimed at him. He therefore does not apply for the role and does not know he is being excluded from applying for the role, all as a consequence of him being the wrong age. Since he is excluded from opportunities because of his age, he finds it much harder to find a role.
The Equality Act, which was passed with cross-party consensus, prohibits less favourable treatment because of age—direct discrimination—including in relation to recruitment practices, and protects individuals based on their age. The Act sets out a number of remedies for individuals who have been discriminated against in that way, but it is not clear how the Bill proposes to correct that sin. Injustices in the labour market are multiplying, and there is a cross-party consensus for a stronger defence of workers. In fact, the Member of Parliament for the town where I grew up, the right hon. Member for Harlow (Robert Halfon), has led the argument in favour of the Conservative party rechristening itself the Workers’ party, and the Labour party was founded on a defence of labour rights, so I do not think this is an especially contentious matter. There is cross-party consensus about the need to stand up for workers’ rights, particularly when wages are stagnating so dramatically.
We are therefore not divided on a point of principle, but the Opposition have an ambition to do something about this growing problem. The Bill could be corrected in a way that made a significant difference. There is not an argument about the rights that are already in place, because they are enshrined in the Equality Act, with which Members on both sides of the House agree. The challenge is that the law as it stands is deficient and cannot be applied readily or easily to automated decision making.
Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
My right hon. Friend is making a powerful case about the importance of the Equality Act in respect of the Bill, but may I offer him another example? He mentioned the Amazon warehouse where people are tracked at work. We know that agencies compile lists of their more productive workers, whom they then use in other work, and of their less productive workers. That seems like a form of digital blacklisting, and we all know about the problems with blacklisting in the construction industry in the 1980s. I suggest that the new clauses are a great way of combating that new digital blacklisting.
Liam Byrne
My hon. Friend gives a brilliant example. The point is that employment agencies play an incredibly important role in providing workers for particular sectors of the economy, from hotels to logistics, distribution and construction. The challenge is that the areas of the economy that have created the most jobs in the 10 years since the financial crash are those where terms and conditions are poorest, casualisation is highest and wages are lowest—and they are the areas where productivity is poorest, too. The Government could take a different kind of labour market approach that enhanced productivity and wages, and shut down some of the bad practices and casualisation that are creating a problem.
As it happens, the Government have signed up to some pretty big ambitions in that area. Countries around the world recently signed up to the UN sustainable development goals. Goal 8 commits the Government to reducing inequality, and SDG 10 commits them to reducing regional inequality. However, when I asked the Prime Minister what she was doing about that, my question was referred to Her Majesty’s Treasury and the answer that came back from the Chancellor was, “We believe in raising productivity and growth.” The way to raise productivity and growth is to ensure that there are good practices in the labour market, because it is poor labour market productivity that is holding us back as a country.
If digital blacklisting or casualisation were to spread throughout the labour market in the sectors that happen to be creating jobs, there would be no increase in productivity and the Government would be embarked on a self-defeating economic policy. Although these new clauses may sound technical, they have a bearing on a much more important plank of the Government’s economic development strategy.
Our arguments are based on principles that have widespread support on both sides of the House and they are economically wise. The consequences of the new clauses will be more than outweighed by the benefits they will deliver. I commend them to the Minister and I hope she will take them on board.
Gareth Snell
I echo my right hon. Friend’s points. My daughter is seven years old. I have an app on my phone that, at any time of the day, will tell me what she is doing at school. Her attendance, reward system, and school meal requirements are all recorded on it, and I can access it at any time. The school she goes to wants to keep a connection with parents, so that parents can interact comfortably. The new clause would go a long way towards allowing schools to keep that link, because the default position of schools, as I am sure my right hon. Friend would agree, is to protect children, even if that means not sharing information in the way that they would like to.
Liam Byrne
That sounds like a terrifying application; my hon. Friend’s daughter very much has my sympathies. He is absolutely right. Lord Knight made this point with such power in the other place. The technology is advancing so quickly, and schools know that if they can monitor things in new, more forensic ways, that helps them to do their job of improving children’s education. However, it has costs and consequences too. I hope that Her Majesty’s Government will look sympathetically on the task of teachers, as they confront this 200-and-heaven-knows-what-page Bill.
Data Protection Bill [ Lords ] (Second sitting)
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Victoria Atkins
No, forgive me. I have been very generous with interventions. I am going to make some progress, and then no doubt others will intervene on me in due course.
I turn to the charge that the exemption has no basis in EU law. Article 23 of the GDPR allows member states to restrict the application of certain provisions of the regulation to safeguard important objectives of general public interest. Immigration control constitutes one such objective. We see immigration as an important matter of public interest, and the GDPR allows member states to exempt rights where that is the case. We are not alone in our belief that immigration is an important matter of general public interest. The Irish Government clearly stated that in their own Data Protection Bill. Clause 54 of the Irish Bill gives powers to make regulations restricting certain rights and obligations under the GDPR to safeguard important objectives of general public interest. The list of such objectives in the Bill includes matter relating to immigration.
Opposition Members have talked about their concerns about the fact that these provisions may be covered by paragraph 2 of the schedule. I want to reflect on the outcome of the debate on this provision in the House of Lords, which contains many noble Lords who are extremely learned in the law, have much experience of campaigning on immigration rights and so on. We listened very carefully to the concerns raised at Lords Committee stage, and as a result the Government tabled amendments at Lords Report stage to narrow the scope of the exemption so that it no longer covers the right to rectification and data portability. In response to those amendments, Lord Kennedy of Southwark said:
“The amendments tabled by the Government provide important clarification on what is exempt, limit the power in Bill and seek to address the concerns highlighted during the previous debate and today…I am happy to support their amendments.”—[Official Report, House of Lords, 13 December 2017; Vol. 787, c. 1590.]
Furthermore, in a Division on a Liberal Democrat amendment to strike out the immigration exemption, the official Opposition abstained. I wonder what has changed between their abstaining on that amendment and accepting that the Government’s amendments were sufficient, and today. Nothing has changed since the Bill left the Lords, so perhaps the right hon. Member for Birmingham, Hodge Hill can help us with why their position has changed.
I hope I have been able to satisfy the Committee that this provision is necessary and important.
Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Mr Hanson. Will the Minister give a tangible example, as she has done in other cases, of where an immigration case may require exemption under paragraph 4—in other words, a case in which a crime has not been committed and therefore would not be covered under paragraph 2(2)? The cases she has mentioned so far would, on the face of it, be covered by paragraph 2(2), because a criminal act had taken place or was about to take place.
Victoria Atkins
There may be occasions when there is a person we have lost track of whose status is irregular. If we know they have a child, we will seek from the Department for Education assistance to find the whereabouts of the child. That child has not committed a criminal offence, so I would be very concerned to ensure that the Home Office, Border Force or whoever else acted lawfully when seeking that data in order to enable them to find the parent or whoever is the responsible adult, as part of the immigration system.
Yarl’s Wood Detention Centre
Gareth Snell Excerpts(6 years, 8 months ago)
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Caroline Nokes
The honest answer is no, I have not yet received it, but we anticipate it very shortly indeed.
Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
My hon. Friend the Member for Stoke-on-Trent North (Ruth Smeeth) is travelling with the Defence Committee, but as Opelo and her mother are her constituents, she has asked me to put on record her thanks to the Minister for her intervention at the weekend. She also asked me to put on record her thanks to the Rev. Ashley Cooper and all those at Swan Bank church for the welfare support they have been giving to the immediate friends and family. Does the Minister agree that the fact that Members of Parliament have to resort to weekend telephone calls directly to Ministers to try to stop individuals from being deported before they have had their due process is a sign that the immigration system in this country is simply failing?
Caroline Nokes
I said very clearly that I was not going to comment on individual cases, but we do follow due process very closely indeed. I put on record my thanks to the hon. Gentleman’s colleague, the hon. Member for Stoke-on-Trent North (Ruth Smeeth), to whom I spoke over the weekend and with whom I am in regular contact. It is quite right that she should be able to make those representations to me at, quite frankly, whatever time of day.
Oral Answers to Questions
Gareth Snell Excerpts(6 years, 10 months ago)
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Mr Wallace
My hon. Friend is right to raise these real concerns about online access, which is why the Department for Education and the Home Office work together on campaigns such as Cyber Aware to bring good computer hygiene and caution into the classroom so that children are not exploited online. It is also why the Government invest in the Prevent programme to make sure that the people doing this are brought to justice and that the online space is not the dangerous place it could be.
Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
In Staffordshire, 106 councillors from Staffordshire County Council and Stoke-on-Trent City Council unanimously oppose the commissioner’s proposal to take over the running of the fire service. He is progressing with that despite there being no public support. Why are the opinions of one commissioner worth more than those of 106 councillors?
Mr Hurd
The hon. Gentleman misrepresents the situation entirely, because the obligation on a police and crime commissioner is to produce a business case and demonstrate that he or she has consulted the local community. In this case, Matthew Ellis has done just that, which is why we are reviewing it.