Immigration Bill

James Brokenshire Excerpts

Tuesday 13th October 2015 Commons Chamber

[Richard Fuller (Bedford) (Con)]

Some of the speeches from Opposition Members have done a bit of a disservice to our Home Secretary. I think that history will reveal her to have been an outstanding Home Secretary, given her capacity to cover the range of issues that the Home Office has to deal with, and the immediacy and potency of some of those issues. Those Members have also missed some of the breakthroughs that she has made in identifying issues of abuse, particularly in relation to people trafficking, and of discrimination in relation to stop and search that other Home Secretaries have not addressed. We must put that on the record to balance the argument.

As many people have said, it is undoubtedly true that immigration is the No. 1 issue. It is equally true to say that the vast majority of people who believe that to be the case are not anti-immigrant. However, they have specific things that they want to see in our immigration policies. They want to know that the system is under control. They want to know that the numbers of people coming to this country are reasonable and that our borders are secure. They want to know that the people who come here make not just an average contribution— a break-even contribution—but an above-average contribution to our country. As we have heard from people who are themselves the daughters of migrants, they also want to know that the people who come here will do their best to integrate into the country that they now call home. And of course, they want those people who they believe have no right to be here to leave or to be removed.

As I look through the Bill, I miss the provisions relating to many of those early points. The focus of much of it is on that last point. It says, “Please leave.” It asks, “What can we do to encourage you to leave?” I ask the Minister to listen to what hon. Members have said about the importance of evidence in pursuing the policies in the Bill. If we cannot supply evidence to support the measures we are taking, I fear that some of the negative consequences—some of which have perhaps been presented today with a bit of hyperbole—might indeed come to pass.

I am worried that the Bill focuses too strongly on symptoms rather than on the underlying causes of the concerns about immigration in this country. Our previous Bills have contained a number of measures that have precisely targeted the causes, dealing with bogus colleges, spousal visas and even the English test. I do not see much in this Bill to reinforce my belief that that is a continuing thread of the efforts of our Government’s policies.

Above all, we want measures that deal with immigration but avoid things that are costly, ineffective or unjust. Will the Minister therefore support efforts that would limit detention in certain circumstances? He is aware of a case involving a pregnant women. He wrote to me at the end of last year saying that her healthcare had been adequately provided—he was relying on second-hand advice—but as we found out last week in the High Court that was not the case. Continuing with the detention of pregnant women leaves us open to these sorts of abuses in the future. This Bill is an opportunity to correct that, address the position of victims of torture and rape, and introduce a limit on the period of detention for people who are subject to immigration regulations.

As has been said, this is not just about the extension of powers, but about how well we are using the powers we already have. I urge the Minister to provide more information in Committee about how the current powers are being used and why they are not sufficient. Many of us do not wish to see landlords and business people used as the front line of our Border Force; we are concerned about the potential for them to be criminalised. We are also concerned that as we put further pressure on people’s ability to stay in this country we will drive them to vagrancy and crime. I am sure that is not the intention, but I am also sure the Minister can see the potential for that in some of these measures. We have to get the balance right. The same applies on the issue I raised in my question to the Home Secretary about potential discrimination, which has been widely mentioned today.

[The Minister for Immigration (James Brokenshire)]

My hon. Friend has been taking the issues of immigration and detention seriously, as he has Yarl’s Wood on his doorstep in his constituency, and we have discussed them on many occasions. On detention, welfare and vulnerability, may I say to him that the Stephen Shaw report, which has recently been finalised, is addressing all those factors, and that we will be considering and acting on its recommendations carefully? I hope that gives him some reassurance about the attention and focus we are giving to the issues that I know he holds dear.

[Richard Fuller]

That is very reassuring, particularly as it comes from such a capable Minister.

I am used to being a bit out of kilter with the norm of political views about immigration here—it used to be just me and perhaps the former Member for Brent Central and the hon. Member for Islington North (Jeremy Corbyn). Of course, Sarah Teather has gone on to better things and the hon. Gentleman has gone on to be leader of the Labour party, so I am left here talking from a bit of a different angle from everyone else. The focus of much of this is illegal immigrants, and there is one word that nobody has used about illegal immigrants—compassion. I wish to discuss that.

Whether we like it or not, we are talking today about a lot of the toxic legacy of the Labour party’s lack of control of immigration. When I became a Member of Parliament in 2010, there were people who had been in this country for five, six or seven years when they had no right to be here, and there were children who had grown up in our schools when their parents had no right to be here. People should not blame the Conservative party for trying to clear up the mess that was left, but my party and this Government need to see not only effectiveness, but compassion. What is compassionate about sending a child who turns 18 back to a country that they have never really understood? Where is the compassion in taking money away from someone while they are waiting for their case to be resolved? Where is the compassion for someone who is holding on to stay in this country when they have no right to remain here? Where is the compassion in leaving them for years and just making their life harder and harder in the hope that somehow they just leave?

We can talk about effectiveness, but it is our values, too, as a country that we are talking about. I, for one, want to make sure that the Bills we pass in this country stand up for the best principles of our country as well.

--- Later in debate ---

[The Minister for Immigration (James Brokenshire)]

This has been a very wide-ranging and passionate debate. Clearly, there are some issues that deserve further scrutiny.

Let me welcome the hon. and learned Member for Holborn and St Pancras (Keir Starmer) to his new role; this is the first opportunity I have had to do so. I look forward to further debates with him on the issues that have been highlighted during this debate.

The hon. and learned Gentleman raised a specific point on the statutory defences under the Modern Slavery Act 2015. Perhaps in the sense of wanting to respond to him positively so that we can end the debate in that manner, I can say that that Act does include provisions relating to defences. There will be a defence to the new criminal offence of illegal working in the Bill. The Director of Public Prosecutions also issues guidance to protect victims from unfair prosecution. Certainly, I can give that reassurance to him and to other Members who raised the point during today’s debate.

May I say to all hon. Members that this Government are firmly on the side of the vast majority of law-abiding migrants who play by the rules and contribute so much to our society? The UK has a long and proud history of immigration and this Government will continue to welcome the brightest and the best, the skilled and the talented to our country and to recognise the contribution that they make.

I thank all my hon. and right hon. Friends for their support of the Bill. My hon. Friend the Member for Peterborough (Mr Jackson) rightly highlighted the concern in his community and the need to deal with illegal immigration. My hon. Friend the Member for Folkestone and Hythe (Damian Collins) made the important point about exploitation by organised crime. He made the very clear statement that exploiters have the most to fear from this Bill. My hon. Friend the Member for Castle Point (Rebecca Harris) talked about strengthening criminal sanctions for illegal working.

My hon. Friend the Member for North West Norfolk (Mr Bellingham) raised an issue in relation to nurses and talked about some of the things that he has seen in his constituency. I can say to him that we take the advice on who should go on our shortage occupation list from the Migration Advisory Committee. That Committee said at the start of this year that nurses should not go on that list. It is considering the evidence further, and we will continue to take account of what it has to say on these important matters.

My hon. Friend the Member for Pendle (Andrew Stephenson) highlighted the new closure power and the scope of the director of labour market enforcement. We have launched a consultation today and I welcome contributions to that. My hon. Friend the Member for Monmouth (David T. C. Davies) highlighted his experiences on his visit to Calais, a point that was also raised by other hon. Members who have been out to northern France. Indeed, my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) also highlighted this point, and we are continuing to work with Kent County Council on the pressures it has experienced, particularly those concerning unaccompanied asylum-seeking children.

My hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) made a powerful point about having good migration, not mass migration, and my hon. Friend the Member for Gower (Byron Davies) talked about how we need to stop the abuse carried out by rogue landlords. I hope that we will reach a point in our discussions on the Bill at which we will highlight how these measures contribute to taking action against rogue landlords more generally, working with local authorities to clamp down on the appalling conditions in many of the properties those landlords own. This is about supporting the proper regulated sector and joining up to take action against those who are exploiting the vulnerable.

[Fiona Mactaggart]

The Minister said earlier that the Modern Slavery Act 2015 would protect victims who might be prosecuted for working illegally. He says that the Bill will enable us to deal with rogue landlords. Will he put in the Bill protection for landlords who let a property accidentally, who are not rogues, and protection for victims of trafficking?

[James Brokenshire]

We will no doubt discuss that point in Committee, but the Bill builds on measures in the Immigration Act 2014, including the right-to-rent provisions, the mechanisms that operate and the clear guidance we provided in the pilot scheme, and we will continue to do that. We are clear that there should not be any discrimination and that will be set out firmly in the guidance we will provide. That point about how the Government are approaching the measure must be stressed to the House.

My hon. Friend the Member for Gower mentioned the impact on children, a point that was raised by other hon. Members as well. Section 55 of the Children Act will continue to apply as regards safeguarding duties towards children.

My hon. Friend the Member for Bedford (Richard Fuller) talked about immigration detention and I repeat that we have commissioned the Stephen Shaw review into immigration detention. Stephen Shaw has recently submitted his report and his findings are being considered carefully. The report will be published by laying it before Parliament alongside the Government’s report on its recommendations.

[Mr Alistair Carmichael]

rose—

[James Brokenshire]

I am sorry, but I have only two minutes left and I need to raise a few more points.

My hon. Friend the Member for Eastleigh (Mims Davies) rightly highlighted the exploitation of legal workers and my hon. Friend the Member for North Dorset (Simon Hoare) pointed out the inconsistencies in the reasoned amendment, which time does not allow me to highlight in greater detail.

It is also important to highlight the point made by my hon. Friend the Member for Fareham (Suella Fernandes) about the “deport first, appeal later” provisions and I would like to update the House. The original measures in the 2014 Act were considered by the Court of Appeal and were upheld as lawful. It is important to highlight that evidence, as evidence was a point emphasised by the shadow Home Secretary, the right hon. Member for Leigh (Andy Burnham). This matter has been considered carefully by the Court of Appeal and found to be lawful, and it has been upheld.

It is also important to highlight the point made by my hon. Friend the Member for Harrow East (Bob Blackman) about diversity and how often the most diverse communities see the effects of migration. There is a need to tackle illegal immigration in those communities as much as anywhere else, and they have provided support. My hon. Friend the Member for South Thanet (Craig Mackinlay) stressed that we should uphold the law for those who seek to abide by it. That is the central tenet of the Bill; it is about upholding the law for those who abide by it. We should uphold those principles and deal with illegal immigration.

I look forward to the continuing debates on the issues that have been highlighted. The Bill will ensure the public’s expectation of a system that is fair to British citizens and legitimate immigrants while being tough on those who abuse the system and flout the law. We believe that the measures in the Bill are right, proportionate and necessary and I commend it to the House.

Question put, That the amendment be made.