Macpherson Report: 20th Anniversary

Gareth Thomas Excerpts

Monday 25th February 2019 Commons Chamber

[Gareth Thomas (Harrow West) (Lab/Co-op)]

May I echo others’ praise of my hon. Friend for securing this debate? One of the most senior BME officers to serve in the Metropolitan police was Chief Superintendent Dal Babu, who led the police in the London Borough of Harrow. The Minister will remember his excellent service in our communities. He has said publicly that he launched a mentoring and support programme for other officers from a BME background and had that initiative rubbished by senior officers. Is that attitude not part of the challenge we face, and should we expect not only Ministers but senior figures in the Metropolitan police to continue to challenge it?

[Alex Norris]

We will start to see things genuinely changing when we start to see such initiatives embraced. The idea that doing the same things will get us the same outcomes is hardly a revolutionary concept, but people are too slow to grasp that.

The Macpherson report criticised the disproportionality of stop-and-search, stating that

“we are clear that the perception and experience of the minority communities that discrimination is a major element in the stop and search problem is correct”.

One of the performance indicators recommended for measuring progress against the ministerial priority was

“the policy directives governing stop and search procedures and their outcomes”.

Again, I fear we have gone too quiet on that, not least because recent figures suggest that race disproportionality in stop-and-search is actually worse now than it was 20 years ago, although improved recording practices may well have had an impact on that. Still, the latest figures show that black people are nine and a half times more likely than white people to be stopped and searched.

Police Employer Pension Contributions

Gareth Thomas Excerpts

Wednesday 14th November 2018 Commons Chamber

[Mr McFadden]

My hon. Friend is absolutely right. The point I am making is that the effect of this is not uniform in all parts of the country. My contention is that ensuring adequate police numbers is a progressive cause. It confers freedom on those who cannot afford to move house to get away from the problem. It provides help where it is needed most. Conversely, when it is not there, it is those who need help most who lose out. 

For a time the Government claimed that there was nothing to worry about, because cuts in police numbers were not resulting in higher crime. Well, no longer. In the west midlands over the past year, violence against the person was up 21%, sexual offences up 23%, robbery up 22%, possession of weapon offences up 17% and knife crime up 18%. Nationally, homicides were up 14%, robbery up 22% and knife crime up 12%. The toll of knife crime, in particular, has horrified the country. Night after night, we hear of young lives brutally and senselessly cut short. Just last week, in the midst of a horrendous series of stabbings in our capital city of London, the Evening Standard pictured two of the victims on its front page. They were aged just 15 and 17. These were the faces of boys, not men; children killed in the most awful way. This has happened far too often on our streets. I am sure that all of us—on whichever side of the House—would agree that combating the upsurge in knife crime is a national cause of the utmost urgency. 

The Minister may say that policing is not the sole answer, and I accept that. Clearly, there needs to be a further expansion of schemes, such as the early youth intervention scheme, that seek to tackle the root causes. Money for that scheme was distributed earlier this week, including some to my force in the west midlands, and I welcome that. However, if policing is not the sole answer, it is certainly an essential part of it, and we are going to need adequate numbers of police officers to get on top of this national emergency.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

My right hon. Friend is making an extremely effective speech. He referenced, in particular, the upsurge in knife crime in London. Is he aware that Sadiq Khan, the Mayor of London, has written to the Prime Minister setting out that the extra pension costs, which my right hon. Friend has rightly sought to draw to the House’s attention, represent £130 million extra a year, which is equivalent potentially to the loss of 2,000 police officers?

[Mr McFadden]

Those are shocking numbers, both financially and in the potential impact on police numbers. As I said, it is simply intolerable to expect the public to cope with the consequences if they unfold in that way.

It is in those twin contexts—falling police numbers and rising violent crime, including a particular emergency relating to knife crime—that we must consider police resources. The origin of the changes to the pension scheme, which could affect these numbers further, are two changes in what is called the discount rate for calculating pension liabilities. The effect of the changes in the discount rate has been to increase the liabilities for employers—in other words, to increase their costs. My hon. Friend the Member for Harrow West (Gareth Thomas) just quoted the potential impact on London. According to the Association of Police and Crime Commissioners, the changes to pension costs across the country could mean that they have to find another £165 million next year, rising to £417 million the year after. By way of comparison, that is the same amount as the total budget for West Yorkshire police, which is the fourth biggest police force in England.

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[Gareth Thomas]

My hon. Friend is making a very good speech, and he has talked about the attitude of his constituents in north-east London. Those concerns are shared in north-west London. I have lived in my constituency all my life, and I cannot remember a time before now when there was gun crime on the streets of Harrow. In the past 12 months, we have found ourselves in the unprecedented situation of having two significant incidents of gun crime. That is unparalleled.

[Wes Streeting]

I am really grateful to my hon. Friend for that intervention. I say without any prejudice towards inner London that, in reality, inner London has always had to grapple with violent crime. For MPs in boroughs such as Lambeth and Lewisham, gun crime, knife crime and gang crime have always been part and parcel of their work as constituency MPs. We know that there are problems concentrated in inner cities. That is an unfortunate fact of life, and it is one that we are working really hard to try to tackle. Frankly, no one should have to tolerate violent crime, wherever they live. My hon. Friend has just mentioned suburban London. My constituency borders the county of Essex, and I did not expect to see these levels of knife crime and violent crime there when I was elected to this place three years ago.

At Prime Minister’s questions today, I referred to an awful incident, which I would actually not associate with the police cuts, but I would draw to the Minister’s attention the stabbings and the gang crime in my constituency, as well as the county lines activity. Young people are being actively groomed at school gates. They are being identified because of their vulnerability and because they are the kids that are falling behind at school, and they are being groomed to run drugs across the country. We need police on our streets to deal with this. It is not just about grabbing people and nicking them; it is about the intelligence that community policing provides. It is about intelligence gathering and relationship building. It is about building trust so that people will come forward and speak to the police. All that is put at risk by the impact of the cuts to police budgets and police numbers. Given that that is the overall context, it is totally unacceptable to throw on top of that these changes to employer pension contributions, which are adding to the budgetary pressures.

To his credit, the Mayor of London has tried, with the resources he has available, to stem the tide of police cuts. Sadiq Khan has put in £140 million to fund 1,000 police officers, who would otherwise not be there. That has come at the cost of diverting into the policing budget money that the Greater London Authority gathers through business rates. It has also come at a cost to my constituents and to residents right across our capital city, who are paying more through their precept for policing.

It is so difficult to have a conversation about this with voters on the doorstep—this applies to council tax generally, by the way. I knock on people’s doors, and they say really clearly, “Hang on a minute. How is it that my local services are getting worse and there are fewer police officers on the street? My precept is going up—I am paying more. Why aren’t we getting more police?” That is a perfectly reasonable question. I have to explain to my constituents something I think is unjustifiable, which is that the Mayor of London is having to put up their precept because he is doing his best to stem the tide of cuts from central Government. This is a repeat pattern of behaviour: central Government make decisions here and pass the buck to local decision makers, who are responsible for implementing the cuts.

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[Rachael Maskell]

My hon. Friend makes a really important point. Policing is not just about the police service; it is about the wider partnerships that are formed.

Let me return to the point I was making—

[Gareth Thomas]

Will my hon. Friend give way?

[Rachael Maskell]

I will just make a little progress, then I will be happy to give way.

The problem raised by the police and crime commissioner is that there is no certainty in the future, beyond 2019-20, about the impact of the cuts to pension contributions, so it is really important that we have clarity from the Minister about the future of the police force, not only in the short term but in the long term.

[Gareth Thomas]

My hon. Friend is making a good speech about her area. Does she agree that the Minister and his Home Office colleagues will have an early opportunity to put right the debacle that has motivated my right hon. Friend the Member for Wolverhampton South East (Mr McFadden) to secure this debate? The report on the police grant has to come before the House soon; perhaps my hon. Friend might like to encourage the Minister to intervene on her, perhaps at 5 o’clock, to set out a specific guarantee that the Government are going to fill the gap identified by my right hon. Friend?

[Rachael Maskell]

My hon. Friend is absolutely right that the Minister has a real opportunity to alleviate the fears of police and crime commissioners and those with responsibility for policing up and down the country, and to address the real shortfall they are facing in their budgets. I would of course welcome any intervention from the Minister in which he did that, because there is clearly a lot of concern throughout the country, not only for our constituents’ security but for the services themselves.

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[Jack Dromey]

rose—

[Gareth Thomas]

rose—

[Mr Deputy Speaker]

We started off with the midlands; let’s go with the midlands again and then we will come back to London. I call Jack Dromey.

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[Gareth Thomas (Harrow West) (Lab/Co-op)]

I am grateful to you, Mr Deputy Speaker, for allowing me to participate in this debate on the increase in employers’ pension contributions that is expected of the police. I want to reference in particular the situation in London. If the House will forgive me, I will be largely parochial in my comments.

The context for my comments is the potential demand facing London for £130 million to meet the gap resulting from how the Government have decided employer pension contributions should be calculated. As I said in an intervention on my hon. Friend the Member for Ilford North (Wes Streeting), Sadiq Khan, the Mayor of London, has identified that the change will potentially cost the Met police £130 million, which is equivalent to some 2,000 police officer positions. As my hon. Friend rightly set out, that comes in the context of some 3,000 police officers having already been lost from London since 2010.

In my London Borough of Harrow, we have seen just shy of 200 police officer positions lost since 2010. My hon. Friend the Member for Birmingham, Erdington (Jack Dromey) effectively challenged the Minister for Policing to go to the estates in his community and hear the concerns about rising crime. The Minister has already been to many of the estates and roads in my constituency and already heard many of the concerns, because every general election he is to be found knocking on doors in Harrow West. He is ostensibly campaigning for the Conservative opponent to the sitting Labour and Co-operative Member for Harrow West, but perhaps he is quietly canvassing for me—I do not know. He is assiduous in ostensibly trying to help every Conservative candidate, and as a result will have consistently heard the concerns about policing in Harrow.

The Minister will know, for example, of the rise in violent crime. That is noticeable in particular over the past 12 months in Rayners Lane and the Grange Farm estate, where we have seen guns used in incidents of violent crime. That is an unprecedented situation in my time living in the borough. Many of my constituents are well aware of the prevalence of drugs being consumed and traded in South Harrow and along the Northolt Road. They are also aware of that in the Harrow part of the Racecourse estate. They are concerned about incidents of antisocial behaviour, particularly aggressive drinking, in Wealdstone and South Harrow. They ask where the police are in dealing with that.

What has happened in recent years has been the slow reduction in police numbers. If the Minister for Policing and his boss the Home Secretary again fail to persuade the Chancellor of the Exchequer in advance of the police grant report to make good the £400 million-odd that is required nationally to stop further cuts to policing due to the increase in police employer contributions, the concern is that there will be further cuts to policing in Harrow, and that is profoundly worrying. As a result of the merger of police borough command units that Sadiq Khan has had to make happen, Harrow—a still comparatively low-crime borough in comparison to its neighbours—Barnet and Brent have been merged. We face the very real prospect of the police officers assigned to the three boroughs increasingly being used to fight crime in Barnet and Brent and more police being diverted out of Harrow for that purpose.

The concerns of my constituents have been exacerbated by the fact that the response teams for the new borough command unit will be based not at Harrow police station, but in the police stations in Colindale and Wembley. That will, inevitably, increase the response time for violent incidents in Harrow. Let us bear in mind the fact that the custody suite at Harrow police station has been earmarked for closure for some time, so those who are arrested in Harrow will be taken primarily to Colindale, but potentially also to Wembley. That will increase the amount of time for which police officers are outside our borough and unavailable to respond to crime.

Like, I suspect, many other Members of the House, I took time out over the summer to go on patrol with the police. It was striking to me just how thin the thin blue line is in Harrow. Officers who are required to be part of response teams also have to deal with ongoing police matters. Because of the small size of the response teams, it takes longer and longer to gather evidence and deal with incidents of crime. Unsurprisingly, the number of people who are taken to court and convicted of crimes is substantially down. If the money cannot be found to make good the increase in the shortfall in employers’ pension contributions, the situation will get worse.

I am struck by the rise in gang tensions in outer London. When I was first elected as a Member of Parliament, gang tensions—to the extent that they existed—were a feature of inner London, but they have now become a feature of outer London. There have been many good initiatives, and I take the opportunity to praise in passing the Ignite Trust, a superb charity that operates in my constituency, for its efforts to resolve some of the tensions between a gang based in my constituency and another based in the neighbouring borough of Ealing. Despite such work, without the support of a more visible police presence, I suspect that we will continue to face difficulties with rising gang crime.

Other hon. Members have raised the significant impact on neighbourhood policing of the loss of police numbers. I remember when the last Labour Government introduced neighbourhood policing, and what a difference it made in the south Harrow part of my constituency. At one high school, unsavoury characters used to collect outside the school gates. When police from the ward-based neighbourhood policing team were deployed outside the school gates for half an hour, those unsavoury characters instantly disappeared, and any who did show their face could be pursued. The neighbourhood police were able to provide an immediate and effective response. The visibility of PCSOs and police officers substantially reduced the fear of crime in my constituency and across London. It is profoundly concerning that the Government have not grasped the scale of the fear of crime in inner and outer London.

[Graham P. Jones (Hyndburn) (Lab)]

My hon. Friend talks about the effectiveness of neighbourhood policing and PCSOs. Does he agree that they are the eyes and ears of the police? The reason for the rising crime rate under this Tory Government is the removal of neighbourhood policing, which gathers intelligence for the whole police service.

[Gareth Thomas]

My hon. Friend is absolutely right. Whether in the north of England or in our great capital city, it has been a false choice to allow the funding cuts to the police that have led to the reduction in neighbourhood policing. Unsurprisingly, there has been a reduction in the number of people convicted for committing crime as a result. There are not the police officers to access the necessary intelligence to find those who are guilty of offences or to process them through the courts. I hope it will not be long before the Minister comes to Harrow West again. I am willing to take him on a tour of the hotspots of crime in Harrow to help him better understand his responsibilities, not just to my constituents and the constituents of London, but to all the people of this great country who deserve far better than they are getting from this Government in terms of funding to fight crime.

I end by paying tribute to my right hon. Friend the Member for Wolverhampton South East (Mr McFadden) for securing this debate. I hope that at the conclusion of this debate, and if not today then perhaps at the police grant report or at Prime Minister’s questions next week, we hear an announcement that there will not be a requirement on police forces to find an extra contribution to pension funds and that we will not see the substantial reduction in police numbers many of us fear will happen if the Government go ahead with this measure.

[Several hon. Members rose—]

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[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

I am delighted to provide an update and to say how much I have enjoyed this important debate, although it is slightly longer than I anticipated when I woke up this morning.

I am authorised to give an update to the House in response to the many points of order raised by Members on the clear sensitivity around due process in relation to the hugely important issue of any Brexit deal. I am authorised to inform the House that there will be no press statement this evening. There was considerable concern in the House about that happening before the Prime Minister came to Parliament. I can also confirm to the House that the Cabinet meeting is still ongoing. I am sure the House will therefore appreciate that the Prime Minister is not in a position to come to the House. I hope that gives some reassurance to Members who are concerned about due courtesy and respect being shown to Parliament.

I will now respond to the substantive issue raised in the debate. I thank the right hon. Member for Wolverhampton South East (Mr McFadden) for securing this long debate, which has had many contributions. In doing so, he has done me a favour by sending another signal to the Treasury about the importance of resolving this issue. I do not want to sound facetious, because we are talking about an extremely important issue that affects one of the most important public services in the country and a service, as the hon. Member for Birmingham, Erdington (Jack Dromey) rightly said, that is the envy of most countries around the world. Let me be clear, not least to my constituency neighbour the hon. Member for Harrow West (Gareth Thomas), that I am extremely aware, not least as a constituency MP, of the public’s rising anxiety about crime and the police. The Government absolutely understand that this is a system under pressure. I will come on to say more about that, but let me try to address the issues raised by the right hon. Member for Wolverhampton South East and, with his permission, some of the issues raised by other Members who contributed to the debate.

It may surprise the right hon. Gentleman to hear that he and I are in agreement. Neither he, nor I, nor the Home Secretary wants to see any further reduction in police numbers. The right hon. Gentleman will know, because I am sure that he will have done his research, that police officer numbers have been stable over the past year. However, let me make it clear to him, as I have to police audiences, that one of the priorities for the Home Secretary and me is to increase the capacity of the police, because we have to increase their capacity to help them to respond to demand, which has risen and become increasingly complex. Therefore, without getting too technocratic, resource-weighted demand is the concern. They are getting drawn into more complex activity, which requires more time, more resource and longer, more complex investigations.

Underlying this—we have seen this shift since around 2014-15—are three elements. One is definitely the very unwelcome increase in certain categories of crime, and of course, the most alarming and most unacceptable is the violent crime—the knife crime—that the right hon. Gentleman rightly emphasised. Whatever the politics, I sense that there is absolutely cross-party support in the House to bear down on this, which is arguably one of the biggest challenges that we face as a society, given the complexity of the issues. We are definitely seeing some increase in crime—that is genuine and very unwelcome.

We are also seeing—I hope that the House sees this as something we can welcome—an increasing demand as a result of the police becoming much better at recording crime. We have to remember that it is not that long ago—2014—that the independent Her Majesty’s inspectorate of constabulary was telling us that in its estimation the police were failing to record one in five crimes registered with them. That is absolutely unacceptable, and to the great credit of the police, they have responded to that criticism, but that generates additional demand.

I hope that the House would also welcome the third dimension of this increased demand, as made clear by the Office for National Statistics, which is an increased willingness of victims of so-called hidden crime to come forward to the police. I think that this represents very welcome, significant progress in society. If the victims of domestic violence, sexual assault and modern slavery feel increasingly confident about coming forward to the police, that is a sign of progress in the messages we send about the seriousness that we attach to investigating those crimes. I am prepared, as I hope that others are—whatever our politics—to show some respect to the current Prime Minister and previous Home Secretary for her leadership on this issue, including not least on modern slavery. This combination of factors has undeniably increased demand on the police, and the complexity of that demand makes their task even more difficult.

[Gareth Thomas]

Does the Minister accept, though, that those who see gang-related violence will not be encouraged to come forward and report what they have seen if they do not see the police securing convictions? I am worried that that is beginning to happen in my constituency.

[Mr Hurd]

I share the hon. Gentleman’s concern because I recognise the underlying concern, which has been expressed by the Metropolitan Police Commissioner Cressida Dick and the Mayor, about encouraging people to come forward. There are issues around trust and confidence. That requires a robust police system to be there for people. We are increasingly seeing that in London, but we are also all aware of some of the underlying challenges with regard to trust in the police in certain communities, on which, to their great credit, the Metropolitan police have done a lot of work over many years to try to improve. This is not straightforward, but it is a real issue.

When I said that our priority is to increase the capacity of the police, that was not just rhetoric. Last year, as part of the police funding settlement, I stood at this Dispatch Box and took the first step on that journey—a step welcomed by David Thompson in the west midlands. It was not enough in his opinion, but he saw it for what it was: a first step in the right direction towards increasing the capacity of our police system with a police and funding settlement that has resulted in an additional £460 million of public money in our police system.

I also signalled last year our intention to do something similar for 2019-20, subject to the police meeting certain conditions on efficiency and productivity, again sending a signal of our intention to support investment in, not cuts to, policing. As a result, almost every police force in the country is recruiting additional officers. The hon. Member for Ilford North (Wes Streeting) talked about the Met. As a fellow London MP, I share his concern, but I am sure he will also welcome the steps taken to recruit extra officers to the Met. I believe that 700 have been recruited through a combination of what was enabled under the funding settlement and the actions of the Mayor himself. As London MPs, we should recognise that the Met is recruiting additional officers at scale.

Alongside the funding settlement and the support for local forces is the additional investment that continues to be made from the centre, through the police transformation fund, in working with police to build their national capabilities. We know the importance of building those capabilities in a fragmented system. More money has gone in to uplift armed officer capability, to support the increasing number of detectives and to support important new facets of policing, such as the first national wellbeing programme for frontline officers, which I hope the Labour party will support, and the investment in helping the police to build something that is critical for their future: their digital capability. There is, then, additional investment in policing.

There are challenges though. I find myself in full agreement again with Labour MPs over the importance of neighbourhood policing, which has come under considerable pressure in recent years, as the independent inspectorate made clear. There has been an inconsistent picture in neighbourhood policing across the country. I hope the Labour party will support what the police are doing now to agree new guidelines on what represents best practice in neighbourhood policing. The majority of forces are now adopting that best practice, meaning we will be developing a much more consistent model of neighbourhood policing.

With that comes a growing emphasis on crime prevention. I agree absolutely with the right hon. Member for Wolverhampton South East. We cannot afford a police force that is reactive, but the police are increasingly concerned about becoming reactive. We all surely understand the importance of crime prevention. It is always smarter to invest in the fence at the top of the cliff than in the ambulance at the bottom. With that additional capacity and rebuilding of the neighbourhood policing model, I hope and expect to see a reassertion of traditional police strengths in problem solving.

I welcome what the right hon. Gentleman said about knife crime. Of course, there is a need for a robust policing pillar for that. It needs to be a combination of robust policing and prevention work to tackle the root causes. He understands, as does everyone, all the lessons from places that have beaten down on this problem in the past. It is that combination that is important and which I see being put in place through the serious violence strategy. I thank him also for recognising the importance of the additional funding for counter-terrorism policing in the Budget. We all understand the importance of that, and I am delighted to hear that the Labour party supports it.

The hon. Member for York Central (Rachael Maskell) is no longer in her place—[Interruption.] I am so sorry. She has moved, which is really unhelpful for Ministers at the Dispatch Box—[Laughter.]—but I am delighted she is still here. She rightly raised the very important issue of mental health. All MPs engaged closely with their forces will know the growing frustration and unease among our police offices at how long they spend supporting people with mental health issues in their communities, so I hope the Labour party will welcome the additional investment in mental health locally. I am clear in my mind that one of the dividends from that additional investment must be a reduction in demand on the police, and I have made that point directly to the Secretary of State for Health.

The point I am labouring is that, although there is a lot of talk about cuts, in fact the Government have recognised that the demands on policing have changed, and, bearing in mind the limited resources and our concern for how much tax our constituents are able and prepared to pay, we have taken steps to increase investment in policing. With the £460 million, we are investing £1 billion more in our police system than we were three years ago.

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[Mr Hurd]

What I can say to my hon. Friend is that I have absolutely no intention of coming to this House to propose a funding settlement that will result in fewer police officers. [Interruption.] No, last year I submitted a police funding settlement that resulted in—

[Gareth Thomas]

On a point of order, Mr Deputy Speaker. I would not normally intervene on a speech by a Minister replying to a debate, but I am seeing on social media that, despite the Minister saying there will be no statement about the Cabinet’s discussions on Brexit, there is now due to be a statement by the Prime Minister to the press afterwards. I wonder if there is any way in which we can clarify the situation.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

That is not a matter for me, as the hon. Gentleman well knows. I am sure if somebody wishes to come forward, they can do so, but the Minister did give a very honest, open statement. I have no more to add other than what has been said. I suggest that the Minister continues with the debate unless he has an answer to the question.

Police Pension Liabilities

Gareth Thomas Excerpts

Tuesday 6th November 2018 Commons Chamber

[Mr Hurd]

Again, the hon. Gentleman talks about cuts when his force has received additional investment of £9.9 million in a settlement that he voted against. I repeat what I said. I am aware of the demand on the West Midlands police. I am aware that this is an unfunded cost. I am aware that we have to find a solution for it, and that is what I am doing, together with my colleagues at the Treasury.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

The Minister knows that violent crime is up in our borough and police numbers are substantially down. When does he expect those trends to reverse?

[Mr Hurd]

As I have already signalled, the battle against violent crime and the determination we have to bear down on it is long-term work. We were in a similar place 10 years ago, and it took time to bear down on it then, but we know what works, and that is what we are applying.

In relation to the Met police, there is, as I said, an additional £100 million going into the Met this year. They are recruiting hundreds more officers at the moment, and the Met has over one and a half times the national average in terms of police officers per head. It is a stretched force, and a force that we ask to do a great deal. But, again, I hope to come back to the House in early December with our plans for next year.

TOEIC Visa Cancellations

Gareth Thomas Excerpts

Tuesday 4th September 2018 Westminster Hall

[Wes Streeting]

I am delighted that my hon. Friend could be here before returning to the main Chamber to consider the important matter of Brexit. I strongly agree and he is absolutely correct. The injustice is grave and the numbers affected are huge. This scandal should have been plastered on the front page of every national newspaper. It is bad enough that those students have been denied access to justice through appeal. They should have been given at least some sense of justice through the disinfectant of sunlight.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

I am grateful to my hon. Friend for securing the debate and for his work on this subject. I suspect that a number of Members in the Chamber have, like me, had a series of affected constituents approach them. Given the seriousness of what has happened in the Home Office in the past—never mind that the Minister is new to the subject—does he think that this new scandal merits a proper, thorough independent inquiry?

[Wes Streeting]

I strongly agree. In fact, when I come to describe the Home Office’s handling of this, we will see that an independent inquiry is necessary.

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[The Minister for Immigration (Caroline Nokes)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I, too, congratulate the hon. Member for Ilford North (Wes Streeting) on securing the debate, and all Members who have contributed. It would be remiss of me not to mention the right hon. Member for East Ham (Stephen Timms), who is detained elsewhere. In his absence, I thank him for his continued scrutiny of the issue, and for first raising TOEIC tests with me when I was a very new Immigration Minister indeed.

I value the contributions that have been made in the debate. I will begin by providing something of an overview, but I thank the hon. Members for Ilford North and for Poplar and Limehouse (Jim Fitzpatrick) for having set the scene quite clearly regarding what was certainly a very big scandal in terms of how the tests went so horribly wrong and became open to abuse and, in some cases, organised criminality.

English language testing for certain immigration purposes was first introduced in 2008. Since reforms in 2011, it has been a requirement for all student visa applicants to prove that they can speak English at an appropriate level. A number have used the qualification provided by the secure English language testing regime, and all private colleges are required to ensure that their sponsored students have a SELT qualification. Thus, individuals who wished to come to the UK to study, or to extend their leave to study, had to submit, where required, an English language test certificate from an approved company licensed by the Government.

Test centres operated on behalf of Educational Testing Services, or ETS as we have often heard it described this afternoon, were the subject of a BBC “Panorama” programme in February 2014 that aired footage of systematic cheating in examinations for the test of English for international communication—TOEIC—at a number of its UK test centres. Facilitated by organised criminals, it typically involved invigilators supplying, or even reading out, answers to entire exam rooms, or gangs of impostors being allowed to step into the exam candidates’ places to sit the test as proxy test-takers, and sitting speaking tests for candidates.

The Government, as one would expect and welcome, took immediate, robust action, which has been measured and proportionate. So far, 21 people have received criminal convictions for their role in the deception and have been sentenced to a total of 68 years’ imprisonment. Only two further live investigations remain.

[Gareth Thomas]

Can the Minister tell the House whether ETS itself is still under criminal investigation? If not, will she take steps to ensure that ETS agrees to release any information reasonably requested by one of its student clients?

[Caroline Nokes]

Unfortunately, I cannot provide a live update on criminal investigations, but I will write to the hon. Gentleman providing him with that information.

The majority of individuals linked to the fraud were sponsored by private colleges, not universities, many of which the Home Office had significant concerns about well before “Panorama”. Indeed, 400 colleges that had sponsored students linked to ETS had already had their licences revoked prior to 2014. ETS had its own licence to provide tests within the UK suspended in February 2014. That licence expired in April of the same year and ETS was removed from the immigration rules on 1 July 2014. Approximately 20% of the tests taken in the UK were provided by ETS prior to its suspension in February 2014.

Over the course of 2014, as we have heard, ETS systematically analysed all the tests taken in the UK dating back to 2011—some 58,458 tests. Analysis of the results identified 33,725 invalid results and 22,694 questionable results. People who used invalid ETS test certificates to obtain immigration leave have had action taken against them. Those with questionable results—more than 22,000 individuals—were given the chance to resit a test or attend an interview before any action was taken.

In appeals, we have sought to provide sufficient evidence to discharge the evidential burden of establishing that fraud was used to obtain a certificate from ETS. The courts have consistently found in our favour that our evidence for invalid cases is enough to act on and creates a reasonable suspicion of fraud. It is then for individuals, through either appeals or judicial reviews, to address that.

Before addressing some of the specific points raised, I add that the issues covered in today’s debate have been looked into very thoroughly by the Home Affairs Committee, which ran an inquiry in 2016. During that inquiry, Ministers and officials from the Home Office answered well over 100 specific questions, and those answers are still detailed on the Committee’s website.

Where we have made removal decisions against those with invalid certificates, we have ensured that any appeal against the decision is properly exercised after removal from the UK. Under the appeals regime that was in place in 2014, many of those who we believed to have committed fraud were given an out-of-country appeal. That had been the position since 2003. As a result of the Immigration Act 2014, there is now a right of appeal only where claims raising asylum, humanitarian protection or human rights issues are refused.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill (First sitting)

Gareth Thomas Excerpts

Committee Debate: House of Commons
Wednesday 18th July 2018 Public Bill Committees

[Tim Loughton]

I am grateful to the right hon. Gentleman. Wherever that nervousness came from and on account of what, now is the time to be bold and to comply with the highest court in the land. The Secretary of State ruled out the abolition of civil partnerships. If that had happened, it would have left the 63,966 same-sex couples who at the end of 2016 had been through a civil partnership and still have one—the net figure will be slightly higher or lower now—high and dry. It would also deny the opportunity for the stability of cementing a partnership to 3.3 million opposite-sex cohabiting couples, many of whom would want to take advantage of a formal recognition of their status. Like it or not, that is the fastest-growing form of family unit. Therefore, the only option for them, and everyone else, is to extend civil partnerships to all.

Unless the Minister has a cunning wheeze up her sleeve—she has no sleeves, so that is unlikely—a commitment from her now to use my private Member’s Bill as a vehicle to bring about equality is a bit of a no-brainer. Will she signal an intent to go ahead with this change? The Bill may well be the vehicle for that, but if she has a quicker way of doing it we would all embrace that and rejoice.

Speed is of the essence. Examples have been given in the Supreme Court, and in many social posts and blogs, and in everything we have seen of couples who would like a civil partnership—for whatever reason of their own choice they do not want to enter into a marriage—where one of them is terminally ill. If a civil partnership is not available to them in a matter of months, they may be denied the opportunity ever to take advantage of one. We have spent several years talking about this and doing nothing; the Supreme Court has said those days are over.

If the Minister were to signal her intent, that would indicate a further move forward in the Government’s equality agenda and win her many friends among the equal civil partnerships movement, the 139,000 people who signed the petition and well beyond that. This change is part of the bigger jigsaw of family law reform that we must look at, on which there are many moves in particular from their lordships at the moment. It would also make me very happy.

We would be doing a bit of catching up with many other countries throughout the world for whom civil partnerships have been part of their fabric for many years. That includes Gibraltar and the Isle of Man, which brought them in in 2016. Someone not a million miles from this Committee Room was the first UK citizen to take advantage of a civil partnership in the Isle of Man; the only trouble is, that partnership is not recognised by the Government when he and his partner set foot back on the mainland. The Falklands also recognises civil partnerships for opposite-sex couples, having brought them in in 2017. However, they do not happen in England or in the United Kingdom.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

I find myself in a deeply unusual situation, as it has been difficult to disagree with anything the hon. Gentleman has said thus far. Nevertheless, specifically on new clause 1 and geographical reach, will the Secretary of State’s report cover Northern Ireland and Scotland, or will it not?

[Tim Loughton]

I see the point the hon. Gentleman is getting to. My earlier, cruder attempts were to amend the Civil Partnerships Act 2004, which is UK-wide. We have civil partnerships in all parts of the United Kingdom, including Northern Ireland, but we do not have same-sex marriage in Northern Ireland. That is the point of his amendments, and we will come to that. Absolutely, I want to extend civil partnerships to all same-sex couples in Northern Ireland, Scotland, Wales and England; it is a UK-wide measure.

I appreciate that the Minister is not in a position to table amendments in Committee, so soon after the Supreme Court judgment. I absolutely appreciate that the process is perhaps a little more complex than the one-line amendment to the 2004 Act that formed the basis of my previous, very short, Bills. I also appreciate that the Minister stated, as did the Secretary of State before her, that she wanted to carry out a further consultation to gauge the demand for extending civil partnerships, despite their having been two previous consultations on it, both before and after the same-sex marriage Bill.

However, I can help the Minister on that score, thanks to Professor Anne Barlow, professor of family law and policy at the University of Exeter—an excellent university, which I shall attend tomorrow for the graduation of my elder daughter. She has surveyed extensively using the NatCen panel survey technique, which is a probability-based online and telephone survey that robustly selects its panel to ensure that it is as nationally representative as possible. She commissioned that work in February 2018, around the time of my Bill’s Second Reading but ahead of the Supreme Court judgment.

That format can turn around surveys within eight weeks of their being commissioned. The professor’s survey had a sample of more than 2,000, which I gather is double the amount the Government intended to survey, and which they were to take at least 10 months to do. I am sure it is much cheaper to do it Professor Barlow’s way. Her survey posed the question, “How much do you agree or disagree that a man and woman should be able to form a civil partnership as an alternative to getting married?” It found that 35.3% agreed strongly, 36%.7 agreed, 21.1% neither agreed nor disagreed, only 4.5% disagreed and only 2.5% disagreed strongly. More than 70%—even better than the Brexit referendum—of those 2,000 people absolutely thought that civil partnerships should be made available to all.

The work has been done for the Minister, and for free. Perhaps she can tell me what surveying has already taken place—we were promised it would start in May—what further surveying the Government think is necessary and what they will produce at the end of it. The ball is in the Government’s court. How and when will they comply with the Supreme Court’s clear ruling, particularly given the absolute clarity of their lordships’ statements about the delay that has already taken place?

It is perfectly feasible for us to amend on Report the terms of the Bill as it now stands. I will propose the amendments and the new clause as they are on the Order Paper, but with a view to the possibility of revisiting them at the end of October, if that is when Report takes place. That gives the Government more than three months to decide their course of action. I will work constructively with the Minister to bring about that change, and then lots of people can be very happy rather sooner than the Government had perhaps intended.

I will comment on the amendments tabled by the hon. Member for Harrow West when we discuss them. Amendments 11 and 13 would amend the long title of the Bill, so that it would say

“to make provision for a report on civil partnerships”.

That is the crux of these technical amendments, but there is very much a piece of work overhanging it. We know what we want to do and the Supreme Court has told the Government what they need to do. We need to hear from the Government how they will do it.

[Victoria Atkins]

Civil partnerships were introduced in 2004 to enable same-sex couples to formalise their relationships, at a time when same-sex marriage was not available to them. Since then, we are proud to be the Government who introduced marriage for same-sex couples. At last, same-sex couples are able to celebrate their relationships in the same way that other couples have for centuries.

However, putting right this obvious inequality has meant that we now have a situation in England and Wales where same-sex couples can enter into either a marriage or a civil partnership while opposite-sex couples can only get married. Therefore, earlier this year we announced a plan of work to address that inequality, including a research programme which was to run until 2019, assessing the demand for, and impact of, the various options.

The recent Supreme Court judgment in the Steinfeld case, however, emphasises the need to address the issue. In response, my right hon. Friend the Minister for Women and Equalities recently announced that, in the interest of making good progress, we would bring forward elements of our research on the future of civil partnerships, with a view to concluding it later this year. We recognise the sensitive and personal issues involved in the Steinfeld case, and we acknowledge—as the Supreme Court does—the genuine convictions of the couple involved and those who have campaigned alongside them.

Clause two, as amended, will place a duty on the Government to prepare and present before Parliament a report setting out how the law on civil partnerships should change and how we plan to achieve that. It will also ensure that the voice of those affected is taken into account during the decision-making process, by providing for a public consultation.

[Gareth Thomas]

Does the Minister expect the report to cover Northern Ireland?

[Victoria Atkins]

I am extremely grateful to the hon. Gentleman for his intervention. He knows that the Civil Partnership Act 2004 covers both Scotland and Northern Ireland, but both civil partnership and marriage are devolved matters. It would, therefore, be up to the relevant Administrations in Scotland and Northern Ireland as to how civil partnership and marriage should be regulated and administered, just as it was their decision to be included in the 2004 Act. He also knows the particular issues in Northern Ireland at the moment, and the Government do not feel that this private Member’s Bill is the place to resolve those issues. It has to be a matter for the Northern Ireland Assembly and I am sure that he will join me in wishing that it will reconfigure as soon as possible.

To return to the issue of progress, much work has already been done and we were very much spurred on by the Bill’s Second Reading, but of course even more urgency has been added by the Supreme Court judgment. The Government proposed to conduct four research measures. The reason the original deadline was 2019 was that there was going to be five years’ worth of research on the numbers of marriages and civil partnerships. We now propose to bring forward that deadline, so there will be four years of research instead of five.

We have also started the Office for National Statistics lifestyle survey—that is happening now—to calculate the projected number of opposite-sex couples who would wish to enter into civil partnerships. The third strand of research in on how other countries have dealt with civil partnerships and marriages, as my hon. Friend the Member for East Worthing and Shoreham has set out. The fourth category is a qualitative survey of same-sex couples in civil partnerships, because we are very conscious of the need to tread carefully for those couples who are already in civil partnerships.

That was all wrapped up in the Command Paper, which was presented in May. As the Secretary of State has said, the clause will shorten the research programme so that it can report to Parliament with urgency, and we will include a public consultation so that members of the public can also contribute their views.

My hon. Friend urged on me that this private Member’s Bill should be the vehicle to drive forward civil partnerships. He makes a very important point. We know we need to move quickly. At the moment, the Bill is the immediate vehicle to do that, but we are also considering other options and we want to reach a conclusion that creates equality as soon as is viable. We acknowledged, even in advance of the Supreme Court judgment, that the law needs to change, so a great deal of work is being done and the Bill will help with that.

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[Victoria Atkins]

I regret that I cannot offer such assistance at the moment. I feel a sense of impatience with many parts of my ministerial portfolio but, as the hon. Gentleman knows, the Government have to act on evidence: we have to commit to a public consultation and review the evidence. As I have said, we are working closely on the issue. I hope my hon. Friend the Member for East Worthing and Shoreham agrees with him on shortening the length of our research programme. We must ensure that we observe the Supreme Court guidance in the important Steinfeld case and that we follow not only the letter but the spirit of the law. I am delighted that the Bill provides us with a platform not only to report to Parliament, but to give the public the opportunity to give their thoughts on how the legislation should develop.

[Gareth Thomas]

Prior to tabling new clause 1, what discussions did the Minister have with Ministers in Scotland and those who previously served as Ministers in the Northern Ireland Assembly?

[Victoria Atkins]

I am just looking for guidance. I personally have not had discussions. The hon. Gentleman will appreciate that there is no Assembly at the moment in Northern Ireland, so it is difficult to have discussions with an organisation that does not currently exist. He might be aware of recent litigation in Northern Ireland that questioned the way in which the Government have tried to deal with the conundrum of the Northern Ireland Assembly and how its absence has caused delays in other fields of legislation. There has been a lot of toing and froing on how that will progress.

I am conscious that I have not addressed in detail amendments (a), (b) and (c), which were tabled by the hon. Gentleman. I seek guidance on the procedure.

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[Gareth Thomas]

For the avoidance of doubt, when the Minister sits down I shall speak to the amendments and then I will be delighted to hear her response.

[Victoria Atkins]

I thank the hon. Gentleman. Procedure is confounding us all on this hot summer’s afternoon. In response to his earlier intervention, I am told that Scotland has conducted its own consultation, as one would expect given that it is a devolved matter. Indeed, it was quick to move on civil partnerships and same-sex marriage. I hope that addresses his point. Given that he is going to speak to his own amendments, I am delighted to accept new clause 1 and look forward to further discussions.

[Gareth Thomas]

As a near neighbour it is a particular privilege for me to serve under your chairmanship, Mr Sharma. It was a weak and vulnerable moment when I agreed to support the amendments tabled by my hon. Friend the Member for St Helens North (Conor McGinn), knowing that he would not be here. I say that because, as all hon. Members will be aware, on 28 March he made an impassioned speech promoting his private Member’s Bill to make provision for the marriage of same-sex couples in Northern Ireland and to end an inequality with which we are all familiar and which I suspect, although I do not know for certain, all Committee members want to see an end to as a matter of urgency.

I am, therefore, slightly disappointed by the Minister’s response. She rightly alluded to the very difficult situation in Northern Ireland, but as my hon. Friend asked in March, why should the fact that the Northern Ireland Assembly is suspended mean that same-sex couples in Northern Ireland who want to get married are denied that right? New clause 1, in which the Minister has agreed to ensure that the Secretary of State prepares a report, seems to be an opportunity to make progress.

Most political parties in Northern Ireland already support same-sex marriage, and a broad coalition is already very active in campaigning on this issue. Opinion polls in Northern Ireland continue to demonstrate considerable support for allowing same-sex marriage, so I struggle to see why the Secretary of State cannot seek to advance the case for change in Northern Ireland through the report. Why, for example, cannot the Secretary of State and the Home Secretary not consult political parties in Northern Ireland? Why cannot they ensure that there is a consultation with other civil society organisations to continue the process of building support for change? Why cannot the Government commit to saying what they will do if it becomes clear—although we all hope that this will not be the case—that the Northern Ireland Assembly will not be re-established?

I support the report as it stands, as it will make progress in England and Wales, but it represents a missed opportunity for making progress in Northern Ireland. I hope the Minister will reflect on the opportunity that new clause 1 and the report represent in moving forward the agenda in Northern Ireland for same-sex marriage.

[Andy Slaughter]

I fully support the amendments in the name of my hon. Friend the Member for St Helens North, and I am particularly persuaded by the eloquent speech by my hon. Friend the Member for Harrow West.

I will briefly address the new clause. I pay huge tribute to the way in which the hon. Member for East Worthing and Shoreham has pursued this issue through the many avenues available to us. He has put together the pieces of the jigsaw such that we now have very powerful arguments for this substantial change to legislation, which will enable millions of people across the country to enter into legally binding and protected arrangements, and which will be very good for them and the security of their families. On those grounds alone, the Government should support it.

As the right hon. Member for Orkney and Shetland has said, this anomaly should not have occurred in the first place. We heard from the Minister about the good progress that the Government have made—gradually at first, but now at an accelerated rate. The final piece of the jigsaw should be the Supreme Court judgment. I attended when it was handed down, in part because my constituents Rebecca Steinfeld and Charles Keidan doggedly pursued their case despite the difficulty—and let us not underestimate this—of the four-year process of going through every higher court and getting first of all a knock-back, then a partial encouragement, and then a unanimous decision by the Supreme Court. That decision said to the Government, in judicial language—I have not seen this in a judgment before—“Can you please get a move on here and hurry up?” I think that message has got through to the Minister.

Putting the jigsaw together has been a painstaking process. The pressure is on the Government now, with all the indications given, hopes raised and options ruled out. A consultation is now under way and there must be mechanism—of which the Bill is an important part but not the end—to put the measure into law.

The law will be changed at some point to allow opposite-sex civil partnerships. However long overdue that unfinished business is, we must welcome it. This is an important stage of the process, where the Government have a chance to set out their intentions at length, so it would be helpful if the Minister could set out, as far as possible, the mechanism and timescale involved. Every possible encouragement has been given by the House, the Supreme Court and the public at large, who are hugely supportive. As we have heard, this is a matter of some urgency for some families.

I congratulate all those involved in the process. It has been a good example of successful joint working across many institutions and bodies. We just want the Minister to explain where we go next.

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[Tim Loughton]

I rise to respond to the amendments that the hon. Member for Harrow West spoke to. In principle, I am very supportive of them. That may be a slight surprise, as I was not the biggest fan of the Marriage (Same Sex Couples) Act 2013 for reasons at the time, but it has become law and the world has not fallen in. It will remain law, and I certainly would not vote to change it.

I believe in law for the United Kingdom. We have the present dilemma over the availability of abortion, but I support the rights for women to be able to access abortion in just the same way as the United States—crikey, not the United States; that is a whole different ball game. I support the rights for women to be able to access abortion in Northern Ireland in just the same way as in any other part of the United Kingdom. Similarly, if we are to have equality in civil partnership and same-sex marriage, they should be available to every citizen or subject in Northern Ireland in the same way as they are for someone in London, Edinburgh or Cardiff.

I have no problem in principle with supporting what the hon. Member for Harrow West is trying to do. If his hon. Friend the Member for St Helens North had needed to take his ten-minute rule Bill on the subject to a vote, I would have happily voted for that, but I just request that this is not the Bill to do it—I have enough work on my hands as it is trying to get the Bill through both Houses without adding a whole dimension that involves the Democratic Unionist party and certain other forces in Northern Ireland. It could kibosh the entire Bill. The Minister has given her view, and we can have a separate debate about what happens about making law in Northern Ireland in the absence of its Assembly. I will continue to support the Bill proposed by the hon. Member for St Helens North, but I would ask that the amendments to this Bill in his name, which have been well and truly probed, are not pressed to a vote. They might cause ruptures in this Bill, which I do not want. I hope that the hon. Member for Harrow West will see my reasoning for that.

The Minister is certainly not just a cog in the Government machine; she is a substantial part of the winding mechanism and is going places, as we all know. The problem here is that she is not in the Department that now has responsibility for equalities legislation, which part of the Bill relates to. Frustrating though that might be at this stage, there are conversations going on behind the scenes, and I know that she is constrained in what she can say, although I sense that she would like to be able to say more. The key point, however, is that the Government Minister responsible has made it very clear that abolishing civil partnerships is not an option to achieve equality, so the only option is to extend civil partnerships.

It has also been made clear that time is of the essence and too much delay has already taken place. That was the basis of the Supreme Court’s ruling. I do not see what additional research, surveying or opinion polling is going to bring to the party. Frankly, it is academic, because this is a matter of equality. If the number of the 3.3 million cohabiting couples who came back and said, “Yes, we want to enter into a civil partnership” were a smaller proportion than anticipated, it would still be a proportion to whom the option of equality is not available, and it has not been since 2014, and that is in contravention of the European convention, as has been set out very clearly.

If the Minister wants numbers, one number that I would certainly like to repeat is that up to the end of 2016, 71,017 same-sex couples had entered into a civil partnership. Of those, just over 7,000 have been dissolved and 7,732 have been converted into a marriage. That is just 12% of civil partnerships, so the vast majority of those entering into same-sex civil partnerships who were then given the option of converting that into a marriage under the 2004 legislation chose not to. That suggests that there is a very significant demand for civil partnerships from those people who undertook them; for them, that is what they wanted to achieve. Although the numbers entering into new same-sex civil partnerships have fallen back substantially because there is now another choice, the number did go up last year. A substantial number of people would be left in a very exclusive and rather awkward little grouping of people if civil partnerships were to be abolished, and that is why it is not a victimless option.

If we come back to Northern Ireland, there is another dimension. If civil partnerships were to be abolished, nothing would be available in Northern Ireland—civil partnerships are available in Northern Ireland, but equal marriage is not—so same-sex couples in Northern Ireland would have absolutely no route to have their partnerships recognised with all the protections that the state brings, either through civil partnerships or through marriage. That would create a huge problem.

We need to make it clear that civil partnerships are here to stay. The sooner the Government say that on the record, in support of what the Secretary of State has already said—and the sooner that they say we are going to extend civil partnerships and have consulted—the better. I hope that the Minister and I can work closely together over the summer to see that whatever procedures need to happen, happen at pace, and that there is the intent and ambition to try to reconcile the matter in time for the Bill to be amended at a later stage. I am open to even speedier ways of achieving equality, if that is possible.

I just wanted to put those points on the record. The Minister is nodding to indicate that she has heard them, if not necessarily that she will agree to execute them. On that basis, I ask Members to support new clause 1 and the accompanying amendments 16, 11 and 13, and I respectfully ask the hon. Member for Harrow West not to press amendments (a) to (c) to new clause 1 to a vote.

[Gareth Thomas]

Having once successfully promoted a private Member’s Bill, I understand the difficulties that the hon. Gentleman faces, and I will not press the amendments.

[Tim Loughton]

I am exceedingly grateful to the hon. Gentleman. On that basis, I will sit down—let’s get on with it.

Question put and agreed to.

New clause 1 accordingly read a Second time, and added to the Bill.

Clause 3

Report on registration of pregnancy loss

Question proposed, That the clause stand part of the Bill.

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[Tim Loughton]

I am grateful for the great support from the hon. Member for Washington and Sunderland West. She shares my reservations about the way the committee is going. But with the comments we have made, and the support of the Minister and the new Health Minister, I think we will achieve a satisfactory conclusion in due course.

The hon. Lady also mentioned her daughter Lucy. It was mentioned on Second Reading that if this becomes law, it should be known as Lucy’s law. There was great agreement on that at the time. This affects too many women, and fathers too. It would cost nothing to put it right. A little effort would prevent an awful lot more angst for parents who have already been through this traumatic situation.

The clause only commits to having a report at this stage, but there is an expectation that the Government will want to turn that report into legislative change—into action—to complement the good work that is going on to prevent anybody from being in the iniquitous position of realising that their child is not officially recognised by the state, by substantially reducing the number of stillbirths and miscarriages.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Coroners’ investigations into still-births

[Gareth Thomas]

I beg to move amendment 17, in clause 4, page 2, line 18, leave out “whether, and if so how,” and insert “how”.

This amendment would mean that the Secretary of State’s report would examine how the law should be changed, and not whether it should be changed.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 18, in clause 4, page 2, line 22, after “must” insert “, within six months of the passing of this Act,”.

This amendment would mean that the Secretary of State’s report must be published within six months of the Bill receiving Royal Assent.

Clause stand part.

Amendment 15, in the title, line 4, leave out “give coroners the power to investigate stillborn deaths” and insert “make provision about the investigation of still-births”.

This amendment adjusts the long title so as better to reflect the contents of Clause 4.

[Gareth Thomas]

Again, it was a moment of weakness when I agreed, in the absence of my hon. Friend the Member for Nottingham South, to speak to her amendments, because I had not realised quite how much commitment she had already shown to the subjects in these amendments. As hon. Members, will know, she has had personal experience, through her constituency, of these issues. She had secured from the previous Secretary of State for Health a commitment that the law would be changed. She is, therefore, anxious to use these probing amendments to explore whether the Government have slightly changed their mind or are going slow, and what the timescale is for the Government to move on the previous Secretary of State’s commitment in his maternity safety strategy. In that strategy, he said that he would work with the Ministry of Justice to produce a report on the issues before full-term stillbirths could be classed as neonatal deaths. That report was published in Hansard.

The constituents of my hon. Friend the Member for Nottingham South who motivated her to table this amendment—Jack and Sarah—lost their daughter, Harriet, in labour. I understand that Sarah had a scan at 38 weeks and the baby appeared to be doing well. Sarah was in labour for six days and Harriet died during that time. The death was classified as a stillbirth and, according to the current law, because Harriet was not born alive her death could not be investigated.

Both Harriet’s parents are medical professionals and they knew that something was wrong with the care that they had received. When the internal review found no fault with the care that they had been given, they fought extremely hard to get an external review. That external review found that Harriet’s death was almost certainly preventable. Following that review, Harriet’s parents have campaigned extensively to change the law, so that coroners can investigate stillbirths that occur past 37 weeks.

I press the point that surely a baby’s death should be treated no differently from any other death. In that sense, the coroner represents an independent judicial office, and therefore any inquest into the death would be truly independent and transparent. A coroner would be able to address local issues at a particular hospital or unit where there were concerns about the care arrangements, by making references to other statutory bodies.

As I say, it had appeared that the former Secretary of State for Health was committed to making changes, but the caveat in clause 4(1)—the reference to

“whether…the law ought to be changed”—

has raised some concerns about whether there has been any slowing-down of commitment or even—I hesitate to say it—backtracking. In the spirit of a probing amendment, I hope that the Minister will reassure us and commit to a timescale for moving things forward.

I apologise to you, Mr Sharma, and the Committee because I have a long-standing commitment and if the debate on this amendment goes beyond 4.30 pm, I will have to read the comments of the Minister and the hon. Member for East Worthing and Shoreham, who promoted this Bill, in Hansard. However, I hope that the Minister will give us the response that we need.

[Tim Loughton]

On that basis, we will do things very quickly. I will comment on amendments 17 and 18, which the hon. Gentleman has moved. However, I will just need to speak to clause 4 stand part and amendment 15, which has been tabled in my name and that of the Minister.

Amendment 17 addresses the issue of coroners having the power to investigate. Currently, under the Coroners and Justice Act 2009, coroners have a duty to investigate deaths in certain circumstances, such as where the death is violent or unnatural, or where the cause of death is unknown. Of course, that duty extends to the deaths of newborns of any age, including those who die immediately after birth, but there the duty stops.

So coroners do not have jurisdiction to investigate if a baby showed no signs of life independent of the mother, including if the baby died during labour. The reason for this is that coroners can only investigate deaths where there has first been life and that is obviously not the case for a stillborn child. However, as it says in the title of the clause, they were still born. Nevertheless, the coroner, under the current legislation, does not have the power to investigate stillbirths, however difficult the circumstances might be. The coroner can investigate when there is doubt about whether a baby was stillborn or was born alive, but they cannot investigate the circumstances of why a baby was stillborn if that is what they find.

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[Victoria Atkins]

I shall speed through, in view of the time. I assure the Committee that the Government agree completely that there is a need to look at the role coroners could play in investigating stillbirths. A great deal is already being done. For example, improvements are already under way in the NHS, including the newly-established Healthcare Safety Investigation Branch, which investigates full-term intrapartum stillbirths, neonatal and maternal deaths, and severe brain injuries that occur during labour. The improvements meet the Royal College of Obstetricians and Gynaecologists criteria for the Each Baby Counts programme. However, we agree that we should look at how coroners may add to that learning and to prevention of stillbirths in the future.

The Government have already committed to looking into the question of coroners investigating full-term stillbirths and support the requirement in the clause that a report is prepared before we make any changes. There are important and sensitive issues to explore, including what powers a coroner should have to undertake any investigation such as the ordering of post-mortems and when any duty to investigate should apply. We also need to consider how we can maximise the learning from each coroner’s investigation.

Our concern is that amendment 17 would prejudge the findings of the report and the discussions that the Government are having with the many stakeholders in this area. We would not be able to look at whether there should be a role for coroners; it rather assumes that there should be one. We submit respectfully that that is not the correct approach. While many bereaved parents who may have had difficult experiences will want a coroner to carry out an investigation into stillbirths, we need to consider alternative experiences. Some parents may find the formal coronial process too distressing—it may be too much for them on top of the investigation the NHS would carry out—and they may want the official processes to be over so they can find the wherewithal to deal with their grief. They may not want to go through an additional official process before they begin to mourn.

On amendment 18, while the Government agree that we should move quickly, we must not be constrained in time to reach the right conclusions, which are what every member of the Committee is concerned to achieve. It is important that the report is thorough and all views are considered carefully. We want to explore in detail whether and in what circumstances a coroner may investigate stillbirths, and that will take some time. We are not dragging our feet. We have already begun the review on which my hon. Friend the Member for East Worthing and Shoreham has given some details. That demonstrates our commitment to making progress as quickly as possible and, if change should be made, to make it in a timely manner. While I cannot commit to timescales, I consider that good progress is being made.

Officials have already engaged with a number of stakeholders, including bereaved parents, the Chief Coroner and senior coroners, medical professional bodies and organisations involved in research and support to those who have experienced stillbirth. I thank all those who have given their time for that. Once the report has been published, clause 4 will provide the Lord Chancellor with a power to amend part 1 of the 2009 Act to enable or require coroners to conduct investigations into stillbirths. The Government support the clause and invite the hon. Member for Harrow West to withdraw his amendment.

[Gareth Thomas]

As I said in my opening remarks, these are probing amendments. I hope that before we get to Report the Minister might be willing to brief my hon. Friend the Member for Nottingham South on the progress of the review and where the Government’s initial thinking is on that. That would be helpful and would give confidence to the hon. Member for East Worthing and Shoreham that the Opposition, who support my hon. Friend’s work in this area, would not want to delay the Bill further.

[Victoria Atkins]

I am happy to make that commitment.

[Gareth Thomas]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Draft Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, E, F, and H) Order 2018

Gareth Thomas Excerpts

Monday 18th June 2018 General Committees

[Gareth Thomas (Harrow West) (Lab/Co-op)]

I rise to ask a specific question of the Minister and to make a general point. As I understand it from the Minister’s opening submission and from a briefing I have received, one of the revisions to Police and Criminal Evidence Act code C amends previous provisions to ensure that 17-year- olds are treated as children for all purposes under the Act.

Does the amended provision specifically cover reporting by various media organisations on individuals who are involved in or the victim of a crime? I ask that in the context of a 17-year-old in my constituency who was stabbed recently. It was very serious; he had to be taken to the hospital. His parents, having to deal with that particular trauma, also saw him named in the media, because he was older than 16. Children up to the age of 16 are covered and cannot, when they are the victims, be named in media reports, but there is a bit of a legal loophole once someone hits the age of 17, so he could be named.

Section 9 of the Independent Press Standards Organisation’s editors’ code states:

“Particular regard should be paid to the potentially vulnerable position of children under the age of 18 who witness, or are victims of, crime. This should not restrict the right to report legal proceedings.”

No legal proceeding has yet begun. If a particular media outlet has signed up to IPSO, it presumably would not or should not have reported my constituent’s name. I suspect that those media organisations that named him have not signed up to IPSO.

I take this opportunity to raise that specific concern with the Minister because of the distress that my constituent and his parents have undergone. Journalists from the particular news outlets were at the front door of the victim’s home. Other family members were contacted in an effort to find out the young man’s name. I hope that the order we are discussing will cover that particular situation. If not, would the Minister be willing to investigate the issue and write to me?

The more general point I wanted to raise was similar to a point that my hon. Friend the Member for Lincoln raised from the Front Bench. To make the best and most effective use of the new codes of practice, one clearly needs to make the resources available to the police. In my constituency, we have lost more than 373 uniformed police officers since 2010. By the end of this year, fewer than 100 uniformed police officers will be stationed in my borough. That is a source of considerable concern to my constituents at a time when violent crime is increasing significantly in London as a whole and in Harrow in particular.

In Harrow, the custody suite where CID officers would expect to be based—they would presumably be the main people taking advantage of the new codes of practice—has been closed. Instead, anyone interviewed in relation to crime in Harrow will now be interviewed in Colindale or Wembley police stations. The tri-borough merger that has been forced on the Mayor of London by the shortage of resources for the Metropolitan police is of huge concern to my constituents. We are, or were until recently, the safest of the three boroughs of Barnet, Brent and Harrow. My constituents are genuinely concerned that our police officers will be squeezed out of Harrow to serve the constituents of Barnet and Brent, which also have significant crime problems, particularly with burglary and gang-related crime. I continue to seek assurances from Ministers, as well as from local police representatives and the Mayor, that the interests of Harrow will not be forgotten.

I wonder aloud whether the time we are taking today, and the time taken by civil servants and others who have contributed to the process that has led up to this Committee’s deliberations, might have been better spent lobbying the Treasury and the Home Secretary to release more money for the Metropolitan police in London, so that my constituents could be reassured by having more uniformed police officers on the beat. Those extra officers might have been able to stop the recent stabbing that I specifically referred to and other incidents of violent crime that are worrying my constituents.

Serious Violence Strategy

Gareth Thomas Excerpts

Tuesday 22nd May 2018 Commons Chamber

[Mr Wallace]

I hear what the hon. Gentleman says. As I have said throughout, where we can find more resource to meet this pressure, we will. We might disagree on the wider economy issue but, nevertheless, we are trying to balance the books. Without doubt, it is important that we have this framework in place, with £49 million of early investment, as well as other sums, to make sure that we start the process of gelling together all the people who can help to deliver on some of these issues.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

Will the Minister give way?

[Mr Wallace]

No, I really have to press on. I have given way quite a lot. I am about to read my speech backwards, and Members will not want to hear it twice.

As I have said, it is vital that we steer young people away from crime in the first place. We have to support positive alternatives and timely interventions to provide them with the skills and resilience to lead productive lives free from violence. In the strategy we propose a range of universal targeted interventions, including the early intervention youth fund, which will be launched this summer and to which police and crime commissioners can apply to support early intervention and prevention activity with young people. We will also provide support to Redthread to expand the pilot and its youth violence intervention programme outside London and to develop its services in London hospitals.

We have reviewed the evidence, and the strategy sets out the trends and drivers of serious violence. The analysis makes it clear that the rise in serious violence is due to a range of factors, but the changes in the drug market are a key driver of recent increases in knife crime, gun crime and homicides, which marks the second element of the strategy.

Crack cocaine markets have strong links to serious violence, and evidence suggests that crack use is rising in England and Wales due to a mix of supply and demand factors. County lines drug dealing is also associated with violence and exploitation, and its spread is also a key factor.

In addition, it is thought that drugs market violence may be facilitated and spread by the social media I talked about earlier. The strategy sets out a range of activity we will undertake to tackle serious violence, including more than 60 specific commitments on action. We are providing £40 million over two years to support the initiatives in the serious violence strategy, including £11 million for the early intervention youth fund and £3.6 million for a new national county lines co-ordination centre that will sit in the National Crime Agency.

We are particularly concerned about county lines because of the violence they are now developing. The links behind the county lines are complicated, and the threat crosses police and local authority boundaries, which is why the national county lines co-ordination centre will be key not only in sharing intelligence but in co-ordinating responses and in making sure that victims are supported or diverted away from the county lines.

We will also work with the Department for Education on the support and advice offered to children who are educated in alternative provision, including those who have been excluded, to reduce their risk of being drawn into crime or on to the pathways into crime. In addition, we will work with the Department for Education and Ofsted to explore what more can be done to support schools in England in responding to potential crime.

However, taking effective action means that the issue needs to be understood and owned locally as much as nationally. Communities and relevant partners must also see tackling serious violence as their problem, which is the third pillar of our approach. We are supporting communities to build local resilience and awareness by continuing to match fund local area reviews, which identify the resilience and capability of local areas to respond to gang-related threats, including county lines. That follows on from our support to help partners.

Police and crime commissioners have a vital role in working with community safety partnerships, or the local equivalent, in providing local leadership to bring communities together. That is why the Government are also committing £1 million to our community fund for each of the next two years. The fund, which was launched last week, provides support for local initiatives that work with young people to tackle knife crime. Those initiatives include early intervention and education, as well as mentoring and outreach work. In March we launched a major new media advertising campaign, #knifefree, aimed at young people and young adults to raise awareness of the risks of carrying knives. That was chiefly delivered through social media targeted at young people and it has had a positive response from our partners. We must pursue, disrupt and prosecute those who commit violent crimes, and a robust response from law enforcement therefore remains critical. As I have said, we will bring forward legislation to strengthen our response to violent crime. That includes the introduction of new measures such as—

--- Later in debate ---

[Mr Wallace]

When we see these things and we report them, these providers take them down. We are asking them to spot them in advance before they are uploaded. That is what we want. On the plus side, when, through the Met police’s internet referral unit, we report these things, the providers do take them down. The simple scale of the internet means that we want them to do this before or during the uploading. They have made some progress on this matter, although we still think they can do more. I am acutely aware that they have made more effort only when we have talked about regulation, tax and harder things; it is not as though they jumped through the front door offering. However, I think they have had a realisation, through seeing the patience that is being tested internationally.

I was at the G7 recently with people from France and Germany, and they were all saying to the lead four companies, “We have sort of had enough.” Those companies are now starting to move and move rapidly. We have supported the Global Internet Forum, set up and chaired at the moment by both Governments and the big four. We have to make sure that they do more about the small providers, because as they are taking more stuff down, small providers and platforms, based in jurisdictions we cannot get at, are popping up and handling most of that content. We have to do more on that. We have to put more pressure on the United States about some of the far right websites. As the Select Committee on Home Affairs rightly pointed out, we will proscribe National Action yet it will still be running a website—or it has in the past—in the US. However, we are working hard with the Americans and they have said they will do more, as will the internet companies. They are now moving, although they could have moved a bit faster—that is how I would probably say it.

[Gareth Thomas]

Nigh on three weeks ago, two teenagers in my constituency were shot at and seriously injured. I do not doubt the commitment of Cressida Dick and the Metropolitan police to finding the perpetrators of that shocking incident, but my constituents and I worry about the decline in the visibility of the police presence on our streets in Harrow. I therefore take this opportunity to underline to the Minister the profound concern, particularly from London MPs, across party, as well as from others, about the lack of sufficient resources for the Metropolitan police. I urge him to do whatever he can to lobby the Chancellor for further funding for the Met.

[Mr Wallace]

I hear the hon. Gentleman’s point on the funding. I also say that it is important to work with Cressida Dick and to ask about policing priorities and how she chooses to deploy her force. All police forces do things differently. Members may recall significant gun violence in Nottingham a few years ago, when the city went through a patch that included the murder of a jeweller’s wife. Interestingly, Nottingham got a bad reputation in the early-90s or mid-90s, but that was driven by two people and when they were taken out it had a profound effect on that community. There are definitely operational decisions here as to how police forces spend their resources, but I also hear the point about resources.

Police Funding: London

Gareth Thomas Excerpts

Wednesday 25th October 2017 Westminster Hall

[Stephen Hammond (Wimbledon) (Con)]

Thank you, Mr Gray; I will try to follow your stricture to be quick. I congratulate the hon. Member for Hornsey and Wood Green (Catherine West) on securing this important debate. It is a pleasure, as ever, to follow the hon. Member for Ealing North (Stephen Pound)—I always feel like the documentary after the comedy show.

I will spare the Chamber pages of my usual introductory waffle and cut to the point. For years we had lectures about crime and the previous Mayor, so let us start with some facts. Let us not talk about the acid attacks, but about some of the crime in London and what we have actually seen. Overall crime since 2010 has fallen by 8%. Knife crime fell year on year under the previous Mayor, and yet in the first year of the current Mayor it has risen by 24%. Gun crime fell and remained broadly stable under the previous Mayor, and yet in the first year of the current Mayor it has risen by a staggering 34%.

[Gareth Thomas (Harrow West) (Lab/Co-op)]

Will the hon. Gentleman give way?

[Stephen Hammond]

I will—but briefly, because I know others want to speak.

[Gareth Thomas]

Does the hon. Gentleman accept that crime is rising across the country and not just in London?

[Stephen Hammond]

I certainly accept that we have seen rises in crime in London that are extraordinary. I absolutely agree with the hon. Member for Hornsey and Wood Green that we should press the Government to do more. In some ways this debate is a few months too early because there will be a new funding formula in January. If we look at the base constituents of the funding formula and how they are likely to be allocated, we as London MPs should have hope that the constituents that make up the new formula will give us a significant chance of a very good settlement in London. I for one will certainly press the Government on that.

I accept that in the aftermath of the Labour Government in 2010 there were cuts to be made. Funding was rightly held constant and was at the level that people expected; spending was about 20% lower across every area of spending, and the police and the Home Office had to take their cut. I also accept that the national and international capital city funding has seen a significant increase and the Government are consulting on more. However, I ask the Government to think seriously about two things: first, multi-year settlements. It is clear that there would be more efficiency gains if settlements were not on a year-on-year basis. Also, I hope the Minister will be able to talk about the special police grant. It is clear that London suffers exceptional events and the criteria for that should change.

My hon. Friend the Member for Harrow East (Bob Blackman) is exactly right. Let us be clear about where most, if not all, of the real issues are happening in London at the moment. Why is the person who makes the decisions not up front in leading some of the demands for a greater settlement? Why is he not leading the demand for a multi-year settlement? Why is he behind in his digital savings? Consistently, the numbers have not been achieved. Under the previous Mayor, the Met had set out digital savings through to 2021, but the current Mayor has allowed them to be rescinded.

The Mayor has taken other decisions. The hon. Member for Ealing Central and Acton (Dr Huq), who is no longer in her place, tried to talk about another area of policy. The Mayor has responsibility and makes decisions across a whole range of London policy, and there is one consistent theme. Promises he made in 2016 are being broken in 2017, whether it is on transport, housing or policing. That is having a direct effect. I absolutely agree with the hon. Member for Ealing North that police stations are a personification of law on our streets. The reality, of course, is that it is the current Mayor, unlike the previous Mayor, who is making the decision to close some of them.

I want to end exactly where my hon. Friend the Member for Harrow East started his remarks: what is happening to constituents. I am not surprised that the hon. Member for Ealing North had a depressing meeting with the deputy Mayor. When she came to me she did not even have her facts right. It is no wonder it was a depressing meeting. There is no logical reason for closing Wimbledon police station. It is at the heart of my constituency and well located in the town centre. There is a large night-time economy. Wimbledon is a large transport hub. The recent terrorist attack on the District Line clearly demonstrates the need for flexibility, and Wimbledon was able to help out. More importantly, the emergency response vehicles for the whole of Merton are based in Wimbledon. If we look at the hotspots across the borough, not just in my constituency, they are as easily reached within the same timescales as regards any other police station.

I am not suggesting that any other police station should be closed. I am here to defend my constituents’ safety, but the current Mayor has made the decision to consult on closing police stations. It is entirely his decision and it is time that he took responsibility not only for the decisions he makes in local areas—Wimbledon, Harrow or Ealing—but for the budget. Opposition Members try to blame the Government. I have made the point that the Government need to look at other things, but most of the blame lies with the decisions the Mayor is making and with the reserves he is sitting on and not allocating. It is time the Mayor stood up for Londoners.

--- Later in debate ---

[Gareth Thomas (Harrow West) (Lab/Co-op)]

It is a pleasure to follow a fellow outer-London Member of Parliament, albeit from the wrong side of London.

I return to the central point that my hon. Friend the Member for Hornsey and Wood Green (Catherine West) made in her excellent opening speech, which is the need for the Government to find additional resources for policing in London. During the general election, I enjoyed regular debates with the hon. Member for Harrow East (Bob Blackman). I remember beating him in every one. Despite the various Trumpian twists he added to his rhetoric today, I fear that he is on the wrong side of this argument and that his constituents and mine will recognise that.

In the public meeting, which the hon. Gentleman and the Minister could have turned up to, held by the chief superintendent in Harrow to give the people of Harrow the chance to reflect on the Mayor’s proposed response to the disastrous funding situation that London’s police face, we heard about the need for more resources for policing in London. In addition to the programme of police station closures, which everyone in the Chamber is familiar with, if there are no additional resources, 4,000 or possibly 5,000 police officers may be lost from London. That will have potentially devastating consequences for outer-London boroughs such as Harrow.

Since May 2010, when the present Prime Minister became Home Secretary in the new Government, Harrow has lost some 21.5% of its police officers and almost 80% of its police and community support officers. Of the original 513 police officers, 173 are no longer in post—a 34% reduction in policing in Harrow. It is therefore no surprise to my constituents that they are seeing a substantial increase in knife crime—up 36% in the past year alone. Knife crime with injury is up almost 60% in the past 12 months alone in Harrow. I hope hon. Members representing inner-London seats will forgive me for saying that those are the sort of statistics that my constituents might have associated with an inner-London borough in past times.

The hon. Member for Harrow East is right to say that there is significant fear of crime in Harrow. My constituents are concerned about the consequences of a lack of additional funding for the Metropolitan police and the possibility that all police stations in Harrow will close. I gently say to the Minister that in the 13 years that I represented Pinner and Hatch End, which is now in his constituency, Pinner police station was always under threat of closure, but as a Member of Parliament I fought to keep it open, and succeeded. He has the means, and potentially the resources, to keep it open. His constituents in Pinner and Hatch End—my former constituents—and I will be interested to hear how he intends to keep Pinner police station open.

My prime concern is what will happen to Harrow police station as a whole. As the hon. Member for Harrow East rightly said, the custody command across the Metropolitan police was centralised as a result of previous efforts to save resources. Harrow’s custody suite is under threat of closure. CID officers will inevitably shift to Colindale or Wembley if the three-way borough merger has to take place because of police funding cuts. The key thing that Labour Members want to hear from the Minister is that he has developed some cojones and is going to demand extra police resources for London from the Chancellor. Without more resources, I fear that there will be more substantial cuts to police numbers in Harrow and, as a result, a further increase in crime.

Torture and the Treatment of Asylum Claims

Gareth Thomas Excerpts

Thursday 2nd March 2017 Westminster Hall

[Dr Mathias]

I thank the right hon. Gentleman very much for that intervention. I am aware of Supreme Court cases, but I do not want to mention specific cases today because I want to find as much common ground as possible with the Government, and I do not want to presume judgment of any particular cases, but I absolutely agree that the present statements by the Prime Minister and the Leader of the House do not match our historical cases. That is why it is important today to be absolutely sure of where our standard is. I absolutely agree that in the past we have not lived up to our standards.

In view of the current global situation, I still believe we are the leaders, whether we choose to be or not. We absolutely need transparency about the past. Like the right hon. Gentleman, I am looking closely at the court cases. However, we must recognise that today we are not only the place to be against torture, but the place that can diagnose torture. People can get the best treatment for torture and can be rehabilitated to return to the community as fully participant members of society. That is the ultimate aim, and I do believe we lead on that.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

Is there not a further test for us as a country? Not only should we have the higher standard in terms of rejecting torture and having the best treatment, as the hon. Lady said, but when an asylum seeker comes to this country and alleges torture, it is our duty to take that case particularly seriously. Is the hon. Lady aware of concerns that people from Sri Lanka who have applied for asylum, alleging torture, have perhaps not had their cases inspected as rigorously as they might?

[Dr Mathias]

Again, I will not comment on individual cases. In my constituency of Twickenham in south-west London, I have come across the Tamil community. I have worked abroad in many countries, so I am aware of countries that have particular cases. I want the people of Sri Lanka who seek asylum to get the gold standard level of investigation and, if they seek asylum here, the best rehabilitation. I hope that answers the hon. Gentleman.

Historically, we have been at the forefront. After the second world war, we were a signatory to the universal declaration of human rights, which includes article 5 against torture. We signed up to the European convention on human rights, which led to our Human Rights Act 1998. We are also a signatory to the UN convention against torture and other cruel, inhuman or degrading treatment, which the UK ratified in 1988. I thank the Library for pointing out that in our common law we also have what is pertinent from section 134 of the Criminal Justice Act 1988. On torture offences, we state:

“It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or omission.”

We have signed the European and UN declarations, but our case law also sets a high standard. I said that historically we have done well. The late Lord Bingham mentioned that 300 years ago the English Bill of Rights stated that punishment that is cruel and unusual should not be inflicted. So our history goes back more than 300 years and has been at the forefront.

However, as the right hon. Member for Orkney and Shetland has said, our past has not always been adequate and may not be the standard we should attain now. Although the Prime Minister has said we do not sanction torture and do not get involved in it, I want the Minister to be clear today that we do not sanction complicity and are not involved in it. I want the Minister to say, “We do not sanction rendition and do not get involved in it”—I use the present tense because I do not want to influence the ongoing court cases.

Whether we like it or not, we lead globally against torture. That is important, because about a month ago I met a diplomat from another country and I talked about a torture case that is known to Amnesty International. When I mentioned the torture of sleep deprivation, I was corrected and told, “This is not torture. This is mistreatment.” Then I realised that although our law sets us against such treatment, whether physical or mental, or act or omission, we need to make it clear to other countries that we are absolutely and wholly against using such things as prolonged sleep deprivation, degrading treatment—the case I have referred to involved a fellow doctor in prison being made to eat his own faeces, while another prisoner was stripped naked and asked to crawl on all fours—and mental torture, such as when someone’s relative is executed or subjected to a mock execution in front of them. We must recognise such things as torture and not say that there are sub-levels of torture, or cruel, inhuman or degrading treatment. We oppose it utterly and will lead in that field. I want the Minister to be clear about that.

Historically, we have done well at recognising and treating severe cases of mental and physical trauma. More than 100 years ago, we became specialists at treating soldiers who were victims of shellshock or who had been buried alive. Our medical specialists became adept at treatment and rehabilitation, and enabling people to be full members of the community. We led in that field. The late Helen Bamber was also a leader, with regard to knowledge of and respect for people who suffered torture, and their treatment and rehabilitation. There was a centre in Denmark, and Helen Bamber made our country one of the leaders in the field. Today we have specialist organisations, such as Freedom from Torture, which specialise in recognising the signs of torture, rehabilitating people who have experienced it and enabling them to be full members of the community. We have many success stories on which to build.

I therefore regret that although the Government have made clear statements against torture, which show the lead we are giving, they can and need to do better with respect to handling asylum cases involving evidence of torture. The Minister and the Secretary of State will be aware of the report “Proving Torture”, released in November, which contained a small number of clear instances where the decision to reject an asylum application, accompanied by a medico-legal report, was overturned by a higher tribunal because, worryingly, of the mishandling of specialist medical evidence. I understand that the Home Office may have done its own sample study. I am sure I have the Minister’s attention, as such instances are a waste of taxpayers’ money; however, the worrying thing is the additional distress caused to people seeking asylum who have been tortured, whether physically or mentally.

Whether the Minister refers to the clear cases presented by Freedom from Torture, or the cases that I believe have been looked into by the Home Office, he will recognise that there is a problem in the system, and that every caseworker needs some training on cases where torture may be involved. It is perhaps somewhat akin to the situation of general practitioners: they are not specialists, but they need knowledge of every specialty to be able to give adequate treatment and make a referral.

--- Later in debate ---

[Dr Mathias]

I appreciate what the Minister says, but I have seen a handful of cases—confidentially, without the names—and, without being a specialist myself, have talked to one of the doctors involved with the charity. From the small number I have seen, the decisions have been overturned not because of extra evidence, but because the evidence presented to the first caseworker was not handled adequately. On appeal, the information given was found to give sufficient grounds for granting asylum. It is not my field, but I have some relevant background and have had some experience in different countries of the simple treatment of people returning to a community having been tortured, so I have a great deal of respect for the specialty. I cannot believe that without training a non-medical caseworker would be able to understand the medico-legal report with respect to the need for asylum. In the 21st century, a specialist is needed to diagnose the invisible mental scars.

I gave an example earlier of the torture of one prisoner of conscience. For me, even saying the words “mock execution of a family member” upsets me. However, if the Home Office is talking about using specialist caseworkers, it must watch out that the specialists do not become hardened by having to hear and read such material day in, day out. Again, there is a similarity to what happens in therapeutic counselling, in which I do have a background. There are models in other fields and professions. It is mandatory for therapeutic counsellors to have regular supervision to check their bias and their own mental health. I do not believe that the Home Office is giving sufficient weight to the needs of the Home Office caseworkers. The great thing is that we have the expertise. Freedom from Torture, a UK-based organisation, is one of the global leaders in the field. The training programme has already been agreed by the Home Office, but just not rolled out for all caseworkers.

[Mr Gareth Thomas]

I support what the hon. Lady is saying, and it will be interesting to hear the Minister’s response. According to the Freedom from Torture report for this debate, in many of the torture-related asylum cases it examined, where a refusal was overturned on appeal, the immigration judge specifically referred to the strength and high quality of the medical evidence. That suggests that the hon. Lady is right and that if the Home Office asylum caseworker had handled the case better, there would have been no need to go to appeal.

[Dr Mathias]

I thank the hon. Gentleman and hope that Freedom from Torture and all the staff involved have heard his words. Again, I believe that we are leading. The specialty is a difficult one, so we should be proud that excellence has been attained in it. Asylum seekers should have confidence in our system. However, to refer back to the cases that I saw, without the names, it is depressing when a caseworker questions expertise on that level, with respect to understanding how distressed someone might be as a result of a particular mental torture. I would not question a specialist in that way if I were not in the field. The hon. Gentleman’s point was well made.

Better training is needed for all caseworkers. I am sure that the Minister is aware that many asylum cases do not initially present with evidence of torture, especially if the scars are invisible. It would be advantageous for the Home Office if training were rolled out for everyone. If it wants a specialist unit, it must be very careful about how to protect the members of staff from fatigue and maintain excellence. It takes time to do those small samples, and where the Home Office and Freedom from Torture did some, I believe that the quality assurance and the audit for these cases is lacking.

I fear that in the 21st century the number of cases is not going to decrease, so the Home Office needs to up its game. We have a 300-year history of being leaders on this issue. Right now there is a vacuum in the world for setting the standard. We have to fill that vacuum, because we are able to, and we have shown that historically. We should be transparent when we let ourselves down—it is not just letting down the people who have suffered; it is letting down the United Kingdom. I want the Government and the Minister to reaffirm our position as heading the world in standing against torture and all cruel, inhuman and degrading punishments.

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[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

I pay tribute to the hon. Members for Twickenham (Dr Mathias) and for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), my hon. Friend the Member for Stretford and Urmston (Kate Green) and the right hon. Member for Orkney and Shetland (Mr Carmichael) for securing this debate on a hugely important topic. I commend the way in which the hon. Member for Twickenham introduced it.

I have the privilege of representing a significant number of residents who were born in Sri Lanka. Over the years, a number of them, particularly those from the Tamil community, have contacted my office or visited my advice surgery for help with their claims for asylum. A number of them have alleged that they have been victims of torture in Sri Lanka. Freedom from Torture has informed me that Sri Lanka remains its top country both for those receiving therapy and for medico-legal reports on torture in custody. That reflects a trend that it has seen over several years. How we treat the asylum cases of people from Sri Lanka who make allegations of torture is surely one of the key tests for how the Minister and the Home Office more generally handle asylum cases involving torture.

In its 2016 annual report, Amnesty International stated:

“Torture and other ill-treatment of detainees—including sexual violence—continued to be reported and impunity persisted for earlier cases.”

That is in relation to Sri Lanka.

“Suspicious deaths in police custody continued to be reported. Detainees died of injuries consistent with torture and other ill-treatment, including beatings or asphyxiation. Police claimed suspects committed suicide or in one case drowned while trying to escape.”

That is a 2016 Amnesty International report describing the situation in Sri Lanka.

In 2012, Human Rights Watch published a report about allegations of torture and other ill-treatment in Sri Lanka. It documented a number of cases of refused asylum seekers who were returned from this country to Sri Lanka to face ill-treatment and persecution. Indeed, the family member of a constituent of mine was returned to Sri Lanka, where he was subjected to torture.

The context underlines the point that it is vital that any claim for asylum must be assessed fairly and thoroughly, given that the stakes are so high. I pay tribute to those who work for the Home Office on asylum cases—it is far from a glamorous job, but it is hugely important to this country—and maintain the integrity of our borders and this country’s reputation as a place that takes allegations of torture seriously. We want to continue to be a place where those who have been tortured and have applied for asylum are taken particularly seriously. Thankfully, there has been some political progress and improvement in human rights in Sri Lanka since that 2012 report, but it is not yet enough.

I want to ask the Minister a number of questions about the way asylum claims are processed. The Freedom from Torture report that I referred to when I intervened on the hon. Member for Twickenham certainly fits with the experiences of some of my constituents. At the crux of any claim for asylum is an assessment of the claimant’s credibility. To be granted refugee status, asylum claimants need to show that there is a “reasonable degree of likelihood” that they will face persecution if they return to their country of origin. That is significantly lower than the standard of proof in criminal cases. Evidence of past persecution, and particularly of torture, is likely to be a strong indicator of the risk of future persecution, but asylum seekers are unlikely to be able to gather documentary evidence methodically as they flee, so medico-legal reports are among the most persuasive evidence available for the assessment of their claims. However, I have seen cases in which the evidence of a medical expert has been dismissed or questioned by a caseworker who has little or no clinical expertise. I have also seen cases in which one part of the claimant’s story is not believed, and is used to argue that their whole claim should be dismissed as incredible. The injuries documented by a medical expert are explained away as having occurred some other way.

Freedom from Torture described five ways in which medical experts work, which are not always considered properly by asylum caseworkers. It is concerning that caseworkers currently receive only a very short, one-hour slot in their induction training on handling medical evidence of torture. That clearly is not enough, given the problems in decision making that Freedom from Torture identified and that others in the House are aware of. Will the Minister respond to the first recommendation in the Freedom from Torture report and explain why the full-day training module that has been developed has not yet been rolled out for asylum caseworkers? Will he confirm that it will be rolled out as soon as possible?

Getting the decision right first time is clearly better for the claimant and is surely better for the taxpayer, too, as it spares the expense of a costly appeal. Crucially, it allows the claimant to get on with their life. Will the Minister give his view on whether the changes to legal aid in the previous Parliament have affected asylum seekers’ access to the legal advice that they might need to obtain a proper medico-legal report?

About 10 years ago, a pilot scheme was set up to try to improve the quality of asylum decision making. It involved closer collaboration between asylum caseworkers and legal representatives at an early stage in the process to ensure that a decision is make after all the facts of the case have been considered. I understand that it was followed up by the early legal advice project under the coalition Government. Will the Minister give his view on why those measures were not pursued further and whether that type of approach may be beneficial when considering asylum claims involving an allegation of torture?

Next week is International Women’s Day and so I want to ask the Minister for his views on how claims involving allegations of rape and sexual violence are considered. Does more need to be done to protect some of the most vulnerable asylum claimants, in particular in light of a number of disturbing revelations from Yarl’s Wood detention centre in recent years?

Furthermore, it is well known that anxiety disorders or post-traumatic stress disorder are triggered by distressing or frightening events of the sort that the hon. Member for Twickenham outlined, and that they can cause problems with concentration and memory, which may well affect sufferers’ ability to present their case properly in an asylum interview, in particular as they are asked to relive and relay those traumatic experiences. Is that proper consideration in the asylum decision-making process? Does more need to be done to give adequate training to decision makers?

Finally, on human rights abuses and torture in Sri Lanka specifically, I ask the Minister to take this away to colleagues at the Foreign Office. At the height of the conflict in Sri Lanka, Britain led the way in Europe on the removal of Sri Lanka from the GSP plus trading arrangements under the generalised system of preferences. GSP plus is granted only to countries in the developing world that have made significant progress on human rights. The European Commission’s removal of GSP plus from Sri Lanka signalled Europe’s concern, very much including Britain’s, about reported human rights abuses and, notably, the use of torture.

Last year Sri Lanka applied to access the GSP plus scheme again. Earlier this year the European Commission found that in its view Sri Lanka now met the criteria. As I said earlier, there has been some progress in addressing human rights concerns in Sri Lanka, in particular following the election of President Sirisena, but significant concern remains that human rights abuses including torture are ongoing in parts of the country and that, in particular, there will be no independent international involvement in the judicial process to examine allegations of such abuses and torture that have already taken place, especially at the end of the 2009 conflict.

Amnesty International, Human Rights Watch and indeed the Foreign Office’s most recent human rights report all state that concerns about human rights abuses in Sri Lanka remain. I will be grateful if the Minister gives his view of what support for Sri Lanka’s re-entry to the GSP plus scheme says about Britain’s commitment to tackle torture throughout the world, in particular at a time when others, notably our friends across the Atlantic, seem to be stepping back from their leadership on the issue.

--- Later in debate ---

[The Minister for Immigration (Mr Robert Goodwill)]

I thank my hon. Friend the Member for Twickenham (Dr Mathias) for raising these important matters. It is a subject that she rightly says is a global issue, and one which, aside from the academic and clinical debates, has profound human consequences for individual survivors of torture. I am proud to share this Chamber with all colleagues who have spoken today, although I take exception to the use of the word “toxic” by the Scottish National party spokesperson when describing the Government’s policy; I certainly do not recognise that.

I will restate the Government’s position: torture is one of the most abhorrent violations of human rights and human dignity, and we unreservedly condemn its use as a matter of fundamental principle. The Prime Minister and the Leader of the House have made that point quite recently. The United Kingdom Government will continue to raise concerns about such flagrant abuses of human rights with relevant foreign Governments at every opportunity. I commend the work of organisations that support survivors of torture, and I believe our policy on handling asylum claims based on torture provides effective protection to those who need it.

All asylum claims lodged in the United Kingdom, including those involving claims of past torture, are carefully considered on their individual merits. Decision makers are fully aware of the importance of making the right decision and the consequences of refusing those who need protection. I assure hon. Members that such decisions are not taken without full consideration. Our published policy on considering asylum claims in which torture is raised and, in particular, when medical evidence is also provided is very clear and requires decision makers to approach such cases with sensitivity, to allow reasonable time for medical evidence relevant to the decision to be provided, and to carefully consider such evidence to reach an informed decision.

[Mr Gareth Thomas]

Is the Minister satisfied that all asylum caseworkers in the Home Office at the moment have received the full appropriate training for judging whether or not torture has occurred and therefore whether asylum should be granted?

[Mr Goodwill]

In an area such as this, one can never be satisfied, because that sounds like complacency. Indeed, staff development and training is something we constantly have under review. Some of the points made in this debate show that we do not always get it right. Tribute was paid, I think by the hon. Gentleman himself, to the staff who do this work. It is often a thankless task, and they do it with a degree of professionalism that we can all admire.

[Mr Thomas]

The Minister will be aware that I referenced a full-day training module that was rolled out to some asylum caseworkers, but not all, when the last asylum policy instruction was issued in 2014. Will he now instruct the relevant civil servant to ensure that all asylum caseworkers benefit from that full-day training module?

[Mr Goodwill]

I absolutely agree that it is important that staff get the relevant training. It is also important that staff with the most experience are directed to the cases where their experience can be most brought to bear. I will continue to engage with officials to ensure we are doing that as well as we can. I take this very seriously indeed.

When considering asylum claims made in the UK, it is absolutely right that we offer protection to those who face torture on return to their country. However, that does not mean that all survivors of past torture will automatically qualify for protection. An individual needs to show there is a real risk of serious harm or persecution on return to their country. In some cases, the situation in a country can become normalised and change. We welcome it when conflict finishes or particular situations are resolved in countries around the world.

I appreciate concerns about decision quality and how we consider medical evidence in practice, which was highlighted in the Freedom from Torture report published last year. However, I would point out that the sample of cases in that report represents less than 1% of all asylum decisions made last year, and some of the cases used are nearly three years old. That does not mean that I do not take those individual cases very seriously. I must stress that Home Office officials are committed to approaching cases involving allegations of torture with the utmost sensitivity.

My officials have also recently met Freedom from Torture representatives. While we believe the findings in the report are not representative of the wider asylum system, we are nevertheless taking steps to further improve the decision-making process. That will include forming a specialised team who will review and sign off all cases where a medical report is provided. We are also reviewing the training programme delivered to new decision makers. I can assure Members that we are committed to getting decisions right the first time and to working with expert organisations such as Freedom from Torture to ensure that survivors of torture get the support they need.

[Mr Goodwill]

I will see what stats we have on that. I am aware that where there are judicial reviews against us in such cases, we win virtually every one—I think the last figures I saw showed that we have lost 45 cases out of 18,000. It is not always the case that cases brought to us are successful.

The right hon. Member for Orkney and Shetland (Mr Carmichael) mentioned medical reports from specialists. We do not restrict who can provide a medical report for the purposes of submitting evidence in support of an asylum claim. There are accepted international legal standards, as set out in the Istanbul protocol, “Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, which applies to the documentation of torture. We believe it is appropriate that, as a minimum, those guidelines are followed in preparing reports.

All asylum decision makers receive extensive training on how to consider asylum claims. That includes vicarious trauma training for caseworkers, to guard against hardening. We are well aware of how people can become—dare I say—used to hearing stories such as these, which is really worrying. As previously highlighted, we are committed to continuous improvement.

Let me be clear: torture has no place anywhere in the world, and we must do all we can to stamp it out. The UK Government consistently raise concerns about the use of torture, enforced disappearances and alleged police abuses, and will continue to do so. I am sure Members will be aware that my hon. Friend the Under-Secretary of State for Foreign and Commonwealth Affairs, the Member for Bournemouth East (Mr Ellwood), regularly raises human rights concerns in his dealings with overseas Governments and officials.

My hon. Friend the Member for Twickenham raised the position of the Prime Minister. The Prime Minister’s position is clear: the UK stands firmly against the use of torture, cruel, inhuman or degrading treatment or punishment, and so-called enhanced interrogation techniques. In no circumstances would we consider approving a request from a foreign Government to conduct an extraordinary rendition through the UK or one of our overseas territories.

[Mr Gareth Thomas]

I appreciate the Minister giving way again. Does he accept that torture is still a significant problem in Sri Lanka?

[Mr Goodwill]

That question is probably better directed to the Foreign Office. I know that the situation is much improved in Sri Lanka, which we welcome, but the hon. Gentleman might have evidence that he wishes to make available to Foreign Office Ministers, so that they are aware of it. I am not fully briefed on the situation in Sri Lanka. I know things are improving, which is good news, but from the points he has made, we know there is still some way to go.

We must support those in need of protection to claim asylum in the first safe country they reach. That is the fastest route to safety. International obligations under the refugee convention do not require us to consider claims made outside the UK, but we continue to support refugees in-region through our substantial aid contributions and resettlement schemes.

I will say a few words about the background of our “adults at risk” policy. The adults at risk in immigration detention policy came into force on 12 September and was accompanied by detailed caseworker guidance, following the laying of statutory guidance in Parliament. The policy is based on balancing the risk of considerations against immigration factors and on detaining vulnerable individuals only when the immigration factors outweigh the immigration considerations in any given case. It is part of the Government’s response to Stephen Shaw’s review of the welfare of vulnerable people in detention.

Measures put in place under the Immigration Act 2016, along with a new policy on adults at risk in detention and other improvements to casework processes, represent a comprehensive package of safeguards for all vulnerable detainees in the immigration system, including pregnant women. Those measures have been developed in response to Stephen Shaw’s independent review of detainee welfare. Indeed, I have made a point of visiting some of our immigration removal centres to see the conditions there. I am well aware that many people associate detention with the torture they have had inflicted upon them, and therefore there is a concern that people will see detention as bringing back the terrible experiences they have had.

Points of Order

Gareth Thomas Excerpts

Tuesday 22nd July 2014 Commons Chamber

[Mr Speaker]

But I think we will have to leave it there on that matter for now.

[Mr Gareth Thomas (Harrow West) (Lab/Co-op)]

On a point of order, Mr Speaker. Ministers had, by this morning, still not confirmed that this House would be able to scrutinise the British nominee to the next European Commission, the noble Lord Hill, before the European Parliament does so in September. That would be an EU reform that the Prime Minister would not need any other country to agree to. I wondered whether you had had any confirmation of such a process being allowed in future?

[Mr Speaker]

I am grateful to the hon. Gentleman both for his point of order and for his courtesy in giving me advance notice of it. The hon. Gentleman will know well that the matter of pre-appointment hearings for ministerial nominees to various public offices is what I think I can best describe as a developing area of parliamentary scrutiny. There have been many exchanges between the Liaison Committee and the Government on this matter. No doubt those exchanges will continue, but it is not a matter for the Chair in the House; nor am I in a position to offer the hon. Gentleman any information beyond that which he already possesses.

That said, if the hon. Gentleman happens to have some spare time and would care to read my Michael Ryle memorial lecture, which now features on the parliamentary website and which I delivered, if memory serves me correctly, at the end of June in Speaker’s House, he might find it a satisfying read. What is for sure is that he will find that I do myself have some views on that matter. We will leave it there for now.

If there are no further points of order, we come to the ten-minute rule motion.