Border Checks Summer 2011 Debate

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Department: Home Office

Border Checks Summer 2011

Jack Straw Excerpts
Wednesday 9th November 2011

(13 years, 1 month ago)

Commons Chamber
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Baroness May of Maidenhead Portrait Mrs May
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I have already made it absolutely clear to the House that the premise of the right hon. Gentleman’s question is wrong. My pilot did not put border security at risk. That is not just my assessment; it is the assessment of UKBA and of security officials.

Mr Clark says that

“those measures have been in place since 2008/09.”

But if he is talking about the warnings index guidance, published in 2007, that guidance makes it clear that any relaxation of warnings index checks should be done in extreme circumstances for health and safety reasons. It does not permit the extent of the relaxations that were allowed. And if he thought that these measures were already allowed, why did he seek ministerial approval for new pilot measures this year? I gave no authorisation for the relaxation of checks beyond what we had allowed under the terms of the pilot. But, given that Mr Clark says that his relaxed measures were allowed since 2008-09, can Ministers from the last Government give the same assurance?

Jack Straw Portrait Mr Jack Straw (Blackburn) (Lab)
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Could the Home Secretary tell us which ports or airports she has visited, from the instigation of the pilot in July up to now, and with whom she discussed the progress of the pilots on those visits?

Baroness May of Maidenhead Portrait Mrs May
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The right hon. Gentleman is fully aware that we allowed the pilot to take place, and the evaluation of it to come up to Ministers at the end of the pilot.

Mr Clark says that I implied that he

“relaxed the controls in favour of queue management”.

Jack Straw Portrait Mr Straw
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Do I take it from the Home Secretary’s answer that she visited no ports or airports in that time period?

Baroness May of Maidenhead Portrait Mrs May
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I say to the right hon. Gentleman that I was willing to allow officials to make an evaluation—[Interruption.] I will come on later in my speech to the point about the information that was available to Ministers.

Mr Clark says that I implied that he

“relaxed the controls in favour of queue management”

and that he came under pressure from Ministers to reduce queues, but I have never speculated about his motives, and I have never told officials to reduce queues at the expense of border security. Finally, Mr Clark says that he had been pressing for the trials “since December 2010” and that he was pleased when I agreed to the pilot arrangements. He certainly was pressing for changes to border checks, including the suspension of automatic fingerprint checks of visa nationals, which I rejected. But now, of course, he says that such measures were already available to him, and have been since 2008-09. I stand by every word I told the House on Monday and yesterday and again today.

I now want to turn to the questions raised by the shadow Home Secretary. She said repeatedly that I had not yet answered them—

--- Later in debate ---
James Clappison Portrait Mr Clappison
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Yes.

Coming back to this motion, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) has thrown everything but the kitchen sink into this debate. I am afraid that she and her party have failed to produce a single fact or any evidence in support of the motion. They have not even bothered to wait for the evidence of the Home Affairs Committee or for any of the three inquiries that the Home Secretary has rightly put in place, including the one by John Vine, who is the chief inspector and an appointee of the previous Government.

In trying to throw the kitchen sink into the motion, the right hon. Lady even mentioned the 100,000 legacy figure. She asked who was responsible for how the 100,000 people under the legacy exercise have been dealt with. She need not have looked much further than the person sitting next to her—the right hon. Member for Birmingham, Hodge Hill (Mr Byrne)—because the former Immigration Minister was partly responsible for the legacy exercise. The question she really needs to ask is how she thinks the 500,000 cases arose before 2006, which had to be dealt with in the legacy exercise. Asylum cases had not been properly dealt with. Some of the people involved had waited for many years and some had been refused permission to remain in the country. Now, however, the right hon. Lady is trying to blame the Government for that. She made some comment about 2006 being a starting point, but who had been in power before 2006? She need look no further this time than the right hon. Member for Blackburn (Mr Straw), who has been in his place for this debate. He was the Home Secretary who put the Immigration and Asylum Act 1999 in place. Against that background, how did we reach a position whereby 500,000 people’s cases were lingering, mouldering, waiting to be dealt with and had to be the subject of a legacy exercise in 2006?

Jack Straw Portrait Mr Straw
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rose—

James Clappison Portrait Mr Clappison
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Perhaps the right hon. Gentleman will speak in this debate, so I will get a chance to intervene on him. He can explain how each of two previous asylum exercises came to admit more and more people irregularly.

Jack Straw Portrait Mr Straw
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rose

James Clappison Portrait Mr Clappison
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I will give way to the right hon. Gentleman if he will tell me what a success that was.

Jack Straw Portrait Mr Straw
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As was pointed out by my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), the problems involving asylum backlogs date back until at least the early 1990s, when the Berlin wall came down. I do not think that we are assisted by the trading of histories—what matters is today—but if the hon. Gentleman wants to do that, let me add that a computer system introduced by Lord Howard, which we were promised would become operational in November 1998, failed to operate at all. That was the mother and father of the backlog then, and it still is.

James Clappison Portrait Mr Clappison
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I hope that the right hon. Gentleman will allow me an equally long intervention when he makes his own speech.

I happened to be a member of a Committee that the right hon. Gentleman addressed, as Home Secretary, in 1999. I will stand corrected if I am wrong, but I recall that he said, “There is no greater challenge to the Labour Government than to put in place an asylum system which works.” We can see what happened after that.

The right hon. Member for Normanton, Pontefract and Castleford overlooked another problem that occurred in 2006: the terrible problem of prisoners who were not deported. A thousand prisoners were not even considered for deportation. It was not just a question of people being allowed into the country; people were allowed into the country, committed offences, and then were not considered for deportation. I congratulate my right hon. Friend the Home Secretary on having established a system which now ensures that criminals who commit offences are considered for deportation; and, as will be acknowledged by the Chairman of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz), his Committee’s report congratulated her on that as well.

I shall wait for the evidence and the facts to be produced. What I am clear about, however, is that the present Government have a policy intention of reducing migration to proper levels, of establishing a proper system enabling the right migrants to be chosen to come to this country, and of not allowing the unrestricted immigration that we have seen in the past. Furthermore, they are tackling the long-standing problems of asylum, and are introducing systems to bring about the deportation of foreign prisoners that is so important to my constituents.

I believe that the right hon. Member for Normanton, Pontefract and Castleford is a person of high intellect and high ability who puts the case as well as she can, and she did that today. I am afraid, however, that she completely failed to establish any facts or evidence in support of the motion. What she did demonstrate beyond peradventure was that, however great her intellect—and it is great—she has an even greater brass neck, in view of the record of the last Labour Government.

Jack Straw Portrait Mr Jack Straw (Blackburn) (Lab)
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The hon. Member for Hertsmere (Mr Clappison) has just told the House that he is ready to wait for the evidence and the results of the inquiry before reaching conclusions, and I think he is right to do so. It is a great shame that the Secretary of State jumped to conclusions impetuously, without any proper evidence and without allowing others to respond.

At the heart of this debate are the issues of the conduct of the Home Secretary and the level of ministerial responsibility, in terms of both competence in running a Department and moral responsibility for what happens in that Department.

George Howarth Portrait Mr George Howarth (Knowsley) (Lab)
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There is a long-established principle that Ministers take responsibility for what goes on in their Departments, and to be fair, the Home Secretary confirmed that principle earlier in the week. Would my right hon. Friend care to speculate on what she means by taking responsibility for her Department?

Jack Straw Portrait Mr Straw
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As I shall explain, the issue is not whether a Minister mouths the words, but whether, in practice, that Minister acts in a way that demonstrates his or her responsibility for what happens in his or her Department.

The truth about the Home Office—which is the subject of all kinds of dark jokes, particularly when new Home Secretaries enter it—is that things are more likely to go wrong there than in any other Department. That is not because its staff are of less high quality than other staff; far from it. Overwhelmingly, the staff in all parts of the Home Office who served me during the four years for which I was Home Secretary showed the highest possible skill, dedication and commitment. They possessed the added attribute that they were dealing with people—such as prisoners, criminals and illegal immigrants—with whom most of us would not wish to deal day by day or week by week.

The fact that the Home Office is so often in the limelight for the wrong reasons, because there is a “fiasco” or “crisis”, is due to the nature of its business. Other Departments generally work with the grain of the people with whom they deal. There are two obvious examples. In schools, parents and pupils want, roughly speaking, what teachers and the Secretary of State want, which is better education. When it comes to health, patients and their relatives want the same as nurses, doctors and the Secretary of State, which is improved health care. The same does not apply in the Home Office, which is at the sharp end of the operation of the state. However much we may dress it up, the business of the Home Office is actually about enforcing the state’s monopoly over the use of force, and its monopoly over the deprivation of other people’s liberties. It is a hard, tough job, both for the person at the top and for those all the way down.

The other aspect that lies behind one of the core arguments in the debate is that, because the Home Office’s business is about the use of force, the deprivation of liberty and the refusal of rights, junior, young and quite inexperienced staff must often be accorded a very high level of discretion—discretion to arrest people, to allow them in, to lock them up, and so on—which is not accorded to equivalent people elsewhere. The whole system will seize up unless those lower down believe that those at the top are worthy of their confidence, and are ready to take responsibility when things go wrong.

I am not dewy-eyed about what can go wrong in a very large Department—of course not—and no Secretary of State is responsible for locking every cell door or checking every border. I recall occasions when, after a full and careful inquiry, one or two people had to be invited to pursue their careers elsewhere. That is inevitable. However, I believe that it must be done in a way that is judicious and judicial. Secretaries of State must ensure that they take the overwhelming majority of their staff with them. What they should not do—I am sorry that the Home Secretary has embarked on this—is adopt what appears to me, whatever the right hon. Lady’s personal motives, to be both a vindictive and a punitive approach of hanging someone out to dry because it seemed to her that that would be a way of saving her career.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson (Peterborough) (Con)
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I think that the House would take the right hon. Gentleman slightly more seriously were it not for the case of, say, Mr Steve Moxon, who in 2004 revealed the evident failings of the previous Administration on immigration, particularly in relation to one-legged Romanian and Bulgarian roofers. For his pains he was hounded out of office, as indeed was the then Member of Parliament for Stretford and Urmston, the right hon. Beverley Hughes.

Jack Straw Portrait Mr Straw
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I hope that the hon. Gentleman was not suggesting for a second that any illegal immigrant painted my house. If that is what he was suggesting, he should withdraw the suggestion immediately.

Lord Jackson of Peterborough Portrait Mr Jackson
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I am happy to clarify what I said. There is evidently a double standard in what the right hon. Gentleman says. He talks of keeping the respect and trust of people who work in the Home Office or the Ministry of Justice, but those who have revealed the failings of the last Administration on immigration have been hounded out of their jobs.

Jack Straw Portrait Mr Straw
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rose—

Lindsay Hoyle Portrait Mr Deputy Speaker (Mr Lindsay Hoyle)
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Order. I am a little concerned about the length of that intervention. I am also concerned about what the hon. Member for Peterborough (Mr Jackson) was trying to allude to when he mentioned double standards.

Jack Straw Portrait Mr Straw
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I am afraid that I find the hon. Gentleman’s point, at best, completely incomprehensible.

Lord Blunkett Portrait Mr Blunkett
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Will my right hon. Friend give way?

Jack Straw Portrait Mr Straw
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Let me return, if I may, to the issue of the Home Secretary’s responsibility. As I was saying, it is the nature of the business, not the nature of the staff, that makes Home Secretaries so vulnerable to things going wrong. I find myself comparing the behaviour of the present Home Secretary with that of Sir Paddy Mayhew, now Lord Mayhew, when he was Northern Ireland Secretary. Some of us were in the House at the time.

On 2 January 1995, the Northern Ireland equivalent of the House of Commons suffered a serious fire and was almost burnt to the ground. Sir Patrick Mayhew, as he then was, set up an inquiry. He gave the results to the House on 19 April, and I remember sitting there admiring the way in which a Secretary of State had taken responsibility for a disaster on the chin. He described what had happened. He pointed out that there had been no fire drills for five years, and that the fire hydrants had suffered from a particular defect: an “absence of water”. He said that new instructions had been issued and disciplinary action had been taken against the staff, but that was after a full inquiry—not before those staff had had a chance to explain themselves—and the staff were not named. It could have been a catastrophe for that Secretary of State because he was, indeed, responsible, but because he set the tone for the inquiry and followed proper procedures, he left the Chamber with his reputation enhanced, not diminished.

Among all who have held the post of Home Secretary there is, regardless of party divide, some camaraderie and understanding about the predicaments one can face. My concern about the current Home Secretary is that she will end this episode with her reputation diminished. I had dealings with Mr Brodie Clark, and I found him to be a very good official. It may be the case that he has done all the things said of him, but, like anyone in such circumstances, he deserves a proper inquiry—he deserves a proper hearing. Hanging him and the other officials out to dry without their having any opportunity to respond or there being any proper process, thereby condemning him before there has been a trial, not only damages his rights, but greatly demeans the reputation of the current holder of the great office of state of Home Secretary.

Tom Brake Portrait Tom Brake (Carshalton and Wallington) (LD)
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I had expected Opposition Members to take a humility pill before today’s debate, but they have clearly left their prescriptions at home. Labour has admitted that it presided over a Government Department that was not fit for purpose. Members on both sides of the House will be personally aware of the backlog of 450,000 asylum cases from the impact that has had on many of our constituents over many years. When the spokesman for the official Opposition opened the debate, she admitted that border checks were not strong enough in 2006—although I cannot recall her admitting that at the time. I am sure she can also confirm that in 2004, when there were no controls at all at Heathrow, border checks were also certainly not strong enough. I wonder whether she has attempted to calculate how many people passed through the Heathrow borders in 2004.

Jack Straw Portrait Mr Straw
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On the issue of humility, would the right hon. Gentleman like to confirm that the Liberal Democrat party opposed each and every measure introduced by the previous Government starting from, and including, the Immigration and Asylum Act 1999, which was designed to strengthen border controls, and which did precisely that?

Tom Brake Portrait Tom Brake
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If we look at—[Interruption.] If we look at the catalogue of disasters under the last Labour Government—[Interruption.] The catalogue—[Interruption.]