Immigration Bill (Fifteenth sitting)
Debate between Gavin Newlands and Sarah Champion(9 years ago)
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Sarah Champion (Rotherham) (Lab)
I want to speak against new clause 17 and new schedule 3. I want to start by asking the Minister whether he has the approval of the Minister for Children and Families, because the provisions seem to challenge much of the core principles for which he has been arguing. The changes have far-reaching impacts on the core definitions and duties of the Children Act, and it is strange that such dramatic changes are being housed within an immigration Bill.
Section 23(4)(c) of the Children Act places a duty on local authorities to give care leavers assistance to the extent that their welfare requires it. While the young person was a looked-after child, the local authority was their corporate parent. That duty recognises the legacy of the parental role and allows the local authority to step in and protect a care leaver in crisis. The Government’s Staying Put initiative explicitly recognises the need for care leavers to have “stable and secure homes” and to
“be given sufficient time to prepare for life after care.”
The Department for Education care leavers’ charter outlines key principles that will
“remain constant through any changes in Legislation, Regulation and Guidance”,
including the provision of advice and practical, financial and emotional support. Such initiatives are entirely undermined by the proposals.
Migrant children in care often face additional difficulties to British children. They are particularly likely to have faced trauma. They may experience language and cultural barriers. They are less likely to have any contact with biological family members. Care leavers often need their personal adviser or advocate to help to identify and even instruct an immigration lawyer. Barnardo’s conducted a child advocacy pilot for the Home Office that by all accounts seemed to be very beneficial. It helped the young person enormously to make informed choices and it helped the state to provide the level of support that was needed, so it seems odd that the new clause will undermine the Government’s pilot.
Not only is it discriminatory to remove support from young people leaving care on the basis of their immigration status, but in order for migrant care leavers to enter adulthood successfully it is vital that they can access a care plan under the 1989 Act. They are very young adults who often have no one else to turn to. The Government’s changes will remove all possible support usually provided to care leavers—including a personal adviser, a pathway plan and funding for education or training—other than, as the Minister confirmed, basic accommodation and financial assistance for certain groups.
It is not clear from the new clause whether it is envisaged that local authorities or the Home Office will be responsible for providing the support set out in proposed new paragraph 10B. Although I oppose the changes as a whole, at the very least local authorities should be responsible for providing support if the Government are not, and that should be stated in the Bill.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
We have spoken at length about the complexities of immigration law. In introducing yet another Immigration Bill, the Government had the opportunity to simplify some areas of the law. In areas such as appeals, the Government have, to their shame, done so by removing the right of appeal from the majority and proposing that the few who retain it might have to exercise it from outwith the country.
Some of the strongest arguments in the whole debate have been about the support we give to migrants and refused asylum seekers, particularly the children involved in such situations. The Government’s proposals on support for 18-year-old care leavers and destitute families with children in new clause 17 and new schedule 3 are nothing short of a dog’s breakfast, and are potentially dangerous. Either by accident or design, we could very well see support removed from the most vulnerable groups.
Under the existing system, Home Office support is provided under two relatively—I stress: relatively—broad provisions, namely sections 4 and 95. We will now have heavily caveated and more complicated support available across four provisions, including new paragraphs 10A and 10B of new schedule 3. The new clause and new schedule will sow confusion at a local authority level, and dangerous gaps in support can and will occur.
The changes relating to section 17 of the Children Act 1989 will prevent local authorities from providing accommodation and support where there are
“reasonable grounds for believing that support will be provided”.
That will prevent local authorities from supporting families on the basis that they might receive support in future, even though they are not currently receiving any support. It could prevent a local authority from providing emergency support if a family are destitute and have been unable to access immediate support from the Home Office. It will also prevent local authorities from providing support to families who in principle would be entitled to support under new paragraph 10A but are not receiving it in practice.
I am sure the Minister is well aware of the case of child EG, a one-year-old who died in 2012, followed two days later by his mother, when they were left in limbo between two different types of support. It is people like that who might be affected by the Government’s proposals. On the topic of vulnerability, there cannot be many more vulnerable people than young adults who have just turned 18 and have spent long periods of their childhood in care. Indeed, as has been alluded to, the Minister for Children and Families described them as “highly vulnerable” when calling for more support as part of a leaving care strategy as recently as July this year. It seems that our commitment to providing more care for this vulnerable group depends on where they were born or have come from.
The Minister for Children and Families is not alone. The Joint Committee on Human Rights also stated that unaccompanied migrant children must be properly supported in the transition to adulthood and receive bespoke and comprehensive plans that focus on educational goals, reintegration and rehabilitation. That includes planning for possible return to their country of origin and the provision of support to young people leaving care whose appeal rights are exhausted. The Joint Committee also stated that it would be difficult to reconcile the removal of support from young people leaving care on the basis of their immigration status, rather than on assessment of need, with the non-discrimination provisions of the UN convention on the rights of the child. Article 2 of the convention requires that states respect and ensure the rights of each child in their jurisdiction without discrimination of any kind.
During the evidence sessions, we heard time and again from expert witnesses that the proposals in the Bill run counter to the provisions and principles in the Children Act 1989 and the Children (Scotland) Act 1995. The hon. Member for North Dorset mused that it might be easier just to amend the 1989 Act, much to the dismay of myself and my hon. Friend the Member for Glasgow North-east. The Government may not have gone that far, but they are trying to make changes to the Nationality, Immigration and Asylum Act 2002 that will have a similar effect. Be in no doubt: the Scottish National party will be voting against these retrograde proposals.
Immigration Bill (Eleventh sitting)
Debate between Gavin Newlands and Sarah Champion(9 years ago)
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Sarah Champion (Rotherham) (Lab)
Thank you, Mr Owen. I appreciate being given the opportunity to speak.
I think it has become abundantly clear in the Committee that I am not a lawyer. What I am is someone who wants justice and the law to be robust. To that point, I will describe a real case that will be directly affected by the clause. The legal difficulties caused by denying in-country right of appeal of Home Office decisions were outlined both in submissions to the Committee and in the evidence sessions. I want to give a real, human, ongoing example.
I represent an urban constituency, and a significant amount of my casework is immigration based. When I read the clause, one case in particular was immediately brought to my mind. During a surgery, I met a constituent who was in the midst of an asylum claim. He had been a very senior lawyer in Brazil. He represented a client in a case involving corruption in the local police force, as a result of which a police officer was arrested. Following the arrest, my constituent began to receive death threats and his client was later murdered. My constituent was forced to enter the state witness protection programme, but it soon became clear that he remained easily locatable, whereupon he fled to Britain and claimed asylum, together with his wife and two young children, to escape the ongoing threats.
Previous comments have carried the implication that some people come here for lifestyle choices and that they are irresponsible parents for doing that—how could they bring their children into this situation? For my client—[Interruption.] Sorry, my constituent—I watch “The Good Wife” too much; it is starting to seep into my vocabulary. For my constituent, this was not a lifestyle choice. He was not coming for a better life. He had a fantastic life. He came here to save the lives of his wife and his children.
The facts of my constituent’s case were not in any doubt. He was able to provide information from Government agencies that verified his story and that the Brazilian authorities were unable to protect him. However, his claim was rejected, and because Brazil is on the Government’s white list of countries deemed to be safe, he was prevented from pursuing an appeal from within the UK. I had every reason to believe that to remove my constituent’s family from the UK would place them at serious risk, yet he was unable to challenge the Home Office’s decision. I have no doubt that, on his return, he will be murdered, as will his wife and children.
My constituent’s case illustrates the dangers of presumption of safety. The principle that a country should be deemed safe regardless of whether or not it is represents a grievous risk to extremely vulnerable people. The Bill seems to drafted on the presumption that a majority of appeals are without merit and that those forced to leave the UK who would later successfully appeal their refusal would be relatively few in number. On the contrary, however, the reality is that the proportion of successful appeals is extremely high. Statistics for April to June 2015 show that some 39% of appeals were allowed by the first-tier tribunal, and that is before even considering appeals that are denied at first tier but later allowed by the upper tribunal. Of course, concerns have been raised for many years about the quality of Home Office decisions. In light of these reservations, it is difficult to conclude that the Home Office certifications would be robust and accurate. Given the serious consequences of inaccurate certification and the practical obstacles to mounting a challenge, it is deeply wrong to continue to extend such provisions.
Furthermore, by denying an in-country right of appeal, the Bill fails to take account of the realities of the appeal process. As my hon. and learned Friend the Member for Holborn and St Pancras has said, most appeals take between six and 12 months to receive a hearing. That means that those people who are pursuing an application on the basis of article 8 are likely to be separated from their families for many months, or even years. A report commissioned by the Office of the Children’s Commissioner makes abundantly clear the serious, long-term impact on a child of separation from a parent, which will result from these changes. Separation has been shown to undermine the developmental, behavioural and emotional wellbeing of children, and even in some cases their physical health; some of those effects will probably never be reversed.
The withdrawal of in-country appeals also raises serious questions about access to justice. Removing an individual from the UK before they have the chance for a fair hearing in front of a judge is likely, in practice, to bar many people from exercising their rights and pursuing an appeal. Poor electronic communication, a lack of contacts in the UK to undertake work on an appeal and a lack of legal representation mean that, in practice, exercising appeal rights will be simply impossible. Effectively barring many people from pursuing their legal rights undermines the integrity of our immigration system.
The extension of the principle of limited in-country appeals must be seen as an attack on the legal rights of migrants. It represents a serious risk to vulnerable individuals, will divide families, potentially harms children and imposes serious barriers to justice. This process should be stopped and these provisions should be removed from the Bill.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
It is alarming that we are, yet again, debating provisions that make it harder to access the appeals process when the ink is barely dry on the last Immigration Act. As in previous debates, I must raise the concern that we are now in the position of accelerating through further changes to the appeal process without properly evaluating the impact that the last set of changes have had on the individuals affected by them. In my view, that just serves to highlight that we are developing policy without the appropriate and sufficient evidence base.
Before I discuss clause 31, it is only right that I speak to the changes that were made to the appeal process under the previous Act, as that will provide some insight into what the impact of the clause, if it is accepted, will be. The previous Act drastically reduced the number of appeals available, but this Bill removes them entirely for some people. Following a question that I submitted to the Minister on 9 October, I received a very helpful answer, indicating that from July 2014 to August 2015, 1,700 individuals had been removed under the deport first, appeal later power. In my speech on Second Reading of this Bill, I made the point that we should remember that appeal routes exist for a reason—to correct a wrongful decision—and it would be reasonable to suggest that the Home Office does not currently have a good record in decision making.
In addition, appeal routes can also help to improve governance, as they highlight areas of the Executive that are not operating as effectively as we might hope. However, the deport first, appeal later policy, introduced in the last Immigration Act and accelerated in this Bill, effectively removes—for the majority of applicants—the ability to appeal a decision that has been made on their application to continue to live and work here. Indeed, the answer that I received from the Minister points to the fact that only 23% of those forcibly removed from the UK later appealed that decision. I accept that there might be a number of reasons why someone might not appeal, but we cannot ignore the salient point that it is harder—in some cases, almost impossible—for someone to appeal the decision that led to their removal from the UK.
Were we to investigate further, I would expect us to find that the most vulnerable people who have been deported have less chance or opportunity than other people to appeal the decision that has gone against them. Justice quite helpfully expands on this point and suggests that the policy removes people from appropriate justice. Justice expands on some of the factors that may prevent or discourage people from appealing after being removed from the UK. They include: the difficulty of obtaining, translating and submitting evidence, including submitting medical evidence to the courts, particularly in countries without the same quality of infrastructure or services as we have in the UK; difficulties in arranging to give evidence; and the demoralising effect of being removed from the UK. In turn, all these factors make it unpleasant, harder and, in some cases, impossible for someone to access the justice to which they should be entitled. Those are serious points.
It is only right that we should try to gain a greater understanding of the policy before we accept the clause. Yesterday, I submitted a series of questions on the policy’s impact, ranging from appeals to cost and so on. Those questions are a good start to reviewing the policy. I request that the impact of deport first, appeal later be researched before going ahead with implementation.
Immigration Bill (Tenth sitting)
Debate between Gavin Newlands and Sarah Champion(9 years ago)
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Gavin Newlands (Paisley and Renfrewshire North) (SNP)
Part 3 of the Bill deals with the powers that will be handed over to immigration officers, members of the public, on-service police officers and detainee officers, amongst others. Their powers will be extended to an unparalleled level. With the aim of clamping down on illegal immigration, this part of the Bill will equip immigration officers with enhanced search-and-seizure powers to collect evidence that will, according to Government, help to secure more civil penalties and removals.
Before discussing the specific amendments tabled, we should take note of the points made by the organisations that have provided evidence during the passage of the Bill. Liberty, in particular, has voiced a number of concerns about the Bill, including the extension of powers to be handed over to immigration officials, a lack of training and accountability for immigration officers, the expectation that those officers will carry out police-like activities and the transformation of members of the public into the UK Government’s very own immigration agents.
We should be concerned about the impact that this part of the Bill will have on people. Regardless of our own views on illegal immigration, the Bill needs to deal with illegal immigration in a humane, respectable and appropriate manner. The amendments tabled by Scottish National party and Labour Members aim to capture that mood and, in doing so, reduce the damaging impact that some of the clauses may have on people.
The Bill aims to clamp down on illegal immigration, and we should accept that action must be taken on those who are here illegally. Being classified as an illegal immigrant, however, creates a number of difficulties. As we have heard in our discussions on illegal working, the status of illegal immigrant can push a person and their family into a serious and vulnerable position. We should still treat people who are here illegally with respect and dignity. In addition, although illegal migration exists in the UK, we should not tackle it in a way that damages the experience that other migrants have while here. Clause 19 highlights that point. Tackling illegal immigration will have an impact on those who are living here or enter the UK illegally, but we should equally be concerned about the impact that the clause will have on migrants who have been granted legal authorisation to live in the UK.
Sarah Champion (Rotherham) (Lab)
Does the hon. Gentleman share my concern that the clause and the Bill in general will make landlords and tenants, and employers and employees view each other with suspicion? It will create a hostile climate that I do not want to see in this country.
Gavin Newlands
Absolutely. As we heard in evidence from several experts, social cohesion will be affected by such measures.
Clause 19 further extends the powers of those who work at our airports and ports of entry. It will allow them to curtail leave, rather than simply determine whether leave has been given and act accordingly. It will create a nervous, unpleasant environment for those who have the correct paperwork and have gone through the correct process. Due to the new power, they will still have a nervous wait to find out whether they are able to pass through the gates and live and work here. Although this measure may affect only a small number of people, we need to be concerned about the effect that our fears about illegal migration have on people who have the right to live and work here.
Amendment 209, which is supported by Liberty, attempts to limit the speculative searches that are conducted by certain authorities to determine immigration status. As has been detailed and discussed, schedule 2, paragraph 2 of the 1971 Act sets out a power that is ostensibly to deal with individuals on arrival in the UK for the purpose of determining whether they have or should be given leave to enter or remain, but it has been used by the Home Office as justification for conducting speculative, in-country spot checks involving consensual interviews. The amendment would limit that power to examination at the point of entry.
The power to conduct stop-and-searches away from the confines of a point of entry derives from a decades-old case, Singh v. Hammond, when the Court of Appeal concluded that such a search can take place away from the place of entry if there is suspicion that the person is here illegally. That is all well and good, but the power has been somewhat abused. Home Office immigration officers have been conducting intrusive searches when they believe that a person of foreign origin is nervous about being in the presence of an immigration official. Such behaviour is detailed in the “Enforcement instructions and guidance” booklet. Chapter 31, in particular, highlights the need to curtail that sort of behaviour.
In considering the amendment, we should note that there is no free-standing right to stop and search people to establish their immigration status. I know the Government are keen to secure strong social cohesion in our communities, but such intrusive stop-and-searches have no regard for community relations. They should worry us all, and we should take action on them by passing the amendment.
Immigration Bill (Second sitting)
Debate between Gavin Newlands and Sarah Champion(9 years, 1 month ago)
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Sarah Champion
Q 139 Mr Smith and Mr Lambert, I was surprised by how small the sample size was in the west midlands pilot results. Of the 67 respondents who are tenants, 60 are students. My assumption is that students are much more likely to have passports and letters of authority from their institutions. Do you believe that this is a skewed sample?
Richard Lambert: The evaluation period could have been better. It could have been a lot longer. We would have said, ideally, a year to 18 months because most tenancies last more than six months. In order to understand how this process works, you have to give it that length of time so you can see tenancies coming to an end, and limited right to remain coming to an end and you can see how that renews. It also took place at what is probably the slowest time of the year so, inevitably, there were not going to be a lot of tenancies turning over. Then there were the difficulties of contacting the population. It is interesting that in a university area, most responses to the request for tenant respondents came from students who are possibly more likely to be active in some of the social issues and more aware of these things going on.
David Smith: Students are also, to a large extent, exempt from checks. Students are nominated into accommodation by their educational institutions so any student in a hall of residence is effectively exempt from checks anyway. Given that areas around Dudley and West Bromwich are not substantial student areas—parts of my family come from the area—it is a shame that there was such a high student sample. I would have liked to have seen a sample that more adequately represented a wider spectrum of social demographic groups. We remain concerned about the effects, not so much on, for example, Members of Parliament renting homes, but on people in the lower social demographics who increasingly are coming into the private rented sector, will have difficulty with this legislation and are often driven into the arms of less salubrious landlords.
Gavin Newlands
Q 140 I know from your written evidence that you call for a clearly understood and properly resourced helpline for landlords. Will you share your members’ experiences of the helpline during the pilot? A recent written answer from the Minister, for which I am very grateful, revealed that there were two full-time equivalent staff for the helpline. Was that sufficient for your members?
David Smith: We have not had any particular feedback. We have certainly had calls to our member helpline from members. I do not know whether that means that they were not happy with what they got. We are concerned about whether the helpline will continue to be resourced as a helpline once we are talking about all of England. That is not clear yet—I am looking at the Minister to see whether he nods or shakes his head. I can tell you that we run a member helpline and that more than two people staff it. It is that simple. Two people will not be enough to cover all of England, but I am not clear about the plans for widening the helpline.
If the helpline is not adequately staffed, there is little point in having it, I suspect. We would like more online resource. I note that, in the evaluation—the guide that was published today—the Government have highlighted the European PRADO database, but it covers only EU documents, not EEA documents. My members are not familiar with Liechtenstein passports, not that they would necessarily see a great many of those. However, many members are likely to believe that countries such as Ukraine are in the EEA, which they are not. We are therefore concerned about people both ignoring countries of which they should take account, and thinking that countries that they have seen in the news recently, which are around the fringes of the EU, must be in the EU.
We are also concerned about the potential for forgery that is opened up on list B. Several documents on there are potentially prone to forgery with a laser printer and we are very worried about the risk our members run of prosecution for not being the most adept spotters of forgeries. Immigration officers frequently examine passport documents and they are highly trained in that. My members are not equipped with UV scanning lights or skilled watermark detection systems, and I am afraid that many of them would not know a watermark if you asked them about it anyway. I am therefore concerned about how they will detect the more sophisticated forgeries, and what the break point is for what they should detect. I am not worried about sellotape.