Visa Requirements for Tier 1

James Brokenshire Excerpts

Monday 20th July 2015 Written Statements

[The Minister for Immigration (James Brokenshire)]

I am announcing today that from 1 September 2015, individuals who are applying for entry clearance as an entrepreneur or an investor under the tier 1 category will be required to provide a criminal record certificate from any country in which they have lived for 12 months or more in the previous 10 years.

Under the previous Government we changed the immigration rules to introduce a requirement to provide an overseas criminal record certificate where that is required. We will introduce this requirement in a controlled way and learn the lessons from implementation as we roll out the requirement to other categories of migrant.

[HCWS150]

Immigration Rules

James Brokenshire Excerpts

Monday 13th July 2015 Written Statements

[The Minister for Immigration (James Brokenshire)]

My right hon. Friend the Home Secretary is today laying before the House a statement of changes in immigration rules.

These new rules make a number of changes to the tier 4 route of the points-based system to reduce net migration and to tackle immigration abuse, while ensuring we maintain an excellent offer for students who wish to study at our world-class universities.

New students at publicly funded colleges will be prevented from being able to work in the UK, in order to bring their working rights in line with those of international students at private colleges. In the autumn, college students will be unable to switch to a work visa or extend their study visa while they are in the UK, while protecting students at embedded colleges who will progress on to study at a higher education institution.

The rules around academic progression are being tightened so that university students are permitted to extend their studies at the same academic level only if the course they wish to study is linked to their previous course, or the university confirms the course supports the student's career aspirations. To help ensure international students are progressing academically, the time limit on further education study will be reduced from three years to two years in the autumn.



The maintenance requirement for tier 4 students is increasing, along with the maximum amount paid for accommodation which can be offset against the maintenance requirement, to bring them in line with 2015 rates. A rule around established presence which allowed students applying to extend their leave within the UK to show only two months’ maintenance is being removed.

The application of the rules on time limits is being clarified so that the time a student has already spent studying in the UK is calculated using the full length of the leave they have previously been granted.

Changes are being made to allow a tier 4 visa to be issued in line with a student’s intended date of travel. This change to the date from which entry clearance can commence will help ensure a smooth roll-out of biometric residence permits for overseas tier 4 applicants.

Tier 4 migrants’ conditions of study are being changed, to prevent them from studying at academies or schools maintained by a local authority. Those who wish to study a foundation course to prepare for entry to higher education are also being prevented from doing so under the tier 4 (Child) route.

Where responsibilities of sponsor organisations and terminology have recently changed, the rules are being updated.

The Government are reforming the student visa system to reduce net migration and tackle abuse. These changes will help achieve this, while ensuring the UK maintains a highly competitive offer and continues to attract the brightest and best international students.

I am also taking this opportunity to make a number of smaller changes to the immigration rules:

enabling South African diplomatic passport holders to travel visa free to the UK for the purpose of ‘visit in transit’

amend the eligibility requirements for transit passengers, aligning the period within which non-visa nationals must intend and are able to leave the UK with that of visa nationals (other than those using the Transit Without Visa scheme)

changes to administrative review, which have been identified as necessary during the early stages of implementation

minor changes and clarifications relating to family and private life, mainly reflecting feedback from caseworkers and legal practitioners on the operation of the rules.

[HCWS95]

Immigration

James Brokenshire Excerpts

Thursday 9th July 2015 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

I join other right hon. and hon. Members in congratulating my hon. Friend the Member for Isle of Wight (Mr Turner) on securing this afternoon’s debate, which has been measured and wide-ranging and has underlined the concerns that our constituents have about migration. Although there is unlikely to be agreement between all parties, it is of benefit that we have had this afternoon’s debate and been able to air points on a range of different themes to do with migration policies.

We have had a chance to consider various issues, including the pressures on public services and how we can ensure that we continue to attract the skilled and the talented, and the brightest and the best, to contribute to our economy. I note the comments of the right hon. Member for Leicester East (Keith Vaz) in using that terminology, but when we reflect on the past, we see that the operation of the immigration system has not always achieved that. Some of the routes intended for skilled migration have ended up being used for unskilled migration. That is why it is important to continue to have a resolute focus on abuse and to ensure that our immigration system meets the needs of our economy, but is also sustainable. My hon. Friend the Member for Isle of Wight fairly and rightly raised points about the pressures on public services and housing and about other issues that our constituents raise and are concerned about.

Before I respond to the points that have been raised and the challenge that my hon. Friend posed at the start of the debate, I want to set out some of the changes and benefits that we have seen from provisions that the coalition Government introduced. Since the Immigration Act 2014 received Royal Assent, it has been implemented across Government at speed over the past 12 months. The Act makes it easier and faster to remove those who have no right to be here, and it restricts their access to our national health service, to bank accounts and to rented property.

Since the 2014 Act was introduced, we have revoked more than 10,000 driving licences belonging to illegal migrants; deported more than 1,000 foreign criminals who would previously have had the right to stay in this country for their appeal; implemented new powers in the west midlands to require private landlords to check the immigration status of new tenants or risk a civil penalty; and introduced the immigration health surcharge on 6 April as planned, which has already generated more than £20 million in net income for the NHS. We have also implemented a new referral and investigation scheme to tackle sham marriages. Since March 2015, when our new powers came into effect, we have made more than 230 arrests and removed 150 people from the UK.

It is worth focusing on the steps that we have taken on EU migration. Under the Labour Government, an EU national jobseeker could arrive in the UK and claim jobseeker’s allowance, child benefit and housing benefit shortly after arrival, with few checks as to whether they had a genuine chance of finding a job in the UK. That has changed. Now, owing to the reforms we have introduced, EU jobseekers cannot claim jobseeker’s allowance, child benefit or child tax credit until they have been in the UK for three months. Then they cannot claim benefits for more than three months unless they can prove that they really have a genuine prospect of finding work here.

EU jobseekers cannot access housing benefit, and we have introduced a new test to check whether EU nationals who claim in-work benefits really have genuine employment here. We have toughened the habitual residence test, the gateway test that all migrants have to satisfy to access benefits. We have introduced tougher checks for the payment of child benefit and child tax credit to EU nationals, and we have issued statutory guidance to ensure that local authorities set a residency requirement for qualification for social housing.

In response to the points made by my right hon. Friend the Member for Cities of London and Westminster (Mark Field), we have introduced new powers to tackle abuse, so that EU nationals who do not meet the requirements of residence are removed and banned from coming back for 12 months unless they have a valid reason to be here. We can also remove and bar for 12 months EU nationals who facilitate sham marriages or the fraudulent acquisition of rights. I recognise my right hon. Friend’s points, however. I am willing to meet him following the debate to talk through some of the challenges that Westminster clearly faces. I had some discussions before the general election, but I will be pleased to have more, because I recognise the challenges, and we can work together on some operational matters. I will be pleased to take things forward in that way.

We have touched on a number of themes to do with how the immigration system works. One was student migration and the tier 4 route through our points-based system for students to study in the UK. Five years ago the coalition Government found themselves in a situation in which people who could not speak English were coming here and going to bogus colleges. They were not coming here to study at all, so the system was being abused. Action by that Government led to more than 880 colleges losing their sponsorship. We tightened up on the evident abuse that was profoundly undermining the system, but we did so in a way that still allowed the numbers of those attending our universities from abroad to increase. The figures show a 16% increase in student visa applications for universities compared with 2010, and a 20% increase in visa applications for the Russell Group of universities.

It is also important to underline that there is no cap on the number of students coming into this country to our universities. Those numbers are reflected in our net migration statistics, because almost every other comparator nation uses the same set of measures as we do—there is not some disadvantage in adopting that approach—but it is important to recognise that net migration by the student route was 91,000 according to the latest Office for National Statistics figures, so there is an issue with students coming here and not going again.

[Anne McLaughlin]

The Minister says that there is no cap on the number of students, or on those who apply to come to universities here, but our point is about not allowing them to stay. If we say, “The minute you graduate, off you go, you can’t come back again,” and we do not allow them to stay and find work, they will not want to come to this country in the first place, so we will lose some of the best possible talent that could be attracted to the country.

[James Brokenshire]

I thank the hon. Lady for her intervention and welcome her contribution to the debate. The Scottish Government have raised the issue of post-study work, which is the point that she is making. I have a number of observations about that. Student numbers continue to increase, notwithstanding the assertion that they might go down because of the changes we have introduced, and the UK remains open for study at our world-leading academic institutions.

As for post-study work, it is available through the tier 2 route. Students who find graduate employment may take up that route, in which case they are not counted against the cap. One of my challenges to many firms and businesses is, “What are you doing to harness that? What are you doing about working with universities and using the existing tier 2 provisions to make the most of graduates coming out of our universities?” There are ongoing discussions between my officials and the Scottish Government, and the Home Secretary will consider some advice and meet the Scottish Cabinet Secretary for Justice to discuss that and other shared matters of interest.

As for a separate arrangement for post-study work in Scotland, under the Fresh Talent scheme that operated until 2008, one of the issues that arose was that many international students granted entry under that route then chose to move to London and the south-east, rather than staying in Scotland. The issue needs to be considered with care, given the practical impact of some of the schemes.

[Mark Field]

Will the Minister give way?

[James Brokenshire]

I will give way briefly to my right hon. Friend, because this is a particular interest of his.

[Mark Field]

The Minister has summed up some of the difficulties that we face in getting a policy that works as intended for all parts of the United Kingdom. He came up with some robust statistics, but I have two small observations to make. First, he referred to the percentage increase in applications, which is not necessarily the number of students coming here. Secondly, we are lucky in many ways that we are seeing a phenomenal increase, an explosion, in the number of middle-class Chinese, Indians and the like, so we should expect a significant percentage increase in the number of students. However, the worry is that we are getting less of the percentage increase, while rather larger percentages are going to universities in Canada, Australia and the United States, for example.

[James Brokenshire]

I have only a couple of minutes left, but I am sure that we will return to the subject on another day. We have seen increases in the number of Chinese students, but I look forward to continuing the debate another time.

We will introduce a new immigration Bill to clamp down on illegal immigration and to protect our public services, ensuring that we have the right emphasis. The Bill will tighten up access to public services and protect them against abuse by people who are here illegally. It will build on the provisions in the Immigration Act 2014. The reforms will, for example, speed up the removal process by extending the power to require individuals to leave the UK before bringing an appeal against a decision in all human rights cases, unless there is a real risk of serious, irreversible harm as a result of the overseas appeal. As I have indicated, that power is already making a significant difference.

Separately from that Bill, as the Prime Minister has said, we are going to get better at training our own people. To support that, we will consult on helping to fund businesses that use foreign labour through a new visa levy. That will address the skills issue, which a number of Members have touched on today. By improving the training of British workers, we should be able to lower the number of skilled workers we bring in from elsewhere. We have touched on the shortage occupation list, for example, which is set by the Migration Advisory Committee. I emphasise that a separate list applies in Scotland, reflecting some of the different circumstances. However, I draw Members’ attention to the fact that we have asked the committee to advise on significantly reducing economic migration from outside the EU—should an occupation always stay on the list? How can we reskill? Do we have a long-term, sustainable approach to the policy?

[Mr Turner]

rose—

[James Brokenshire]

I only have one minute left if I am to give my hon. Friend some time at the end.

I note that the right hon. Member for Leicester East has indicated that the Home Affairs Committee will take evidence on the Mediterranean issue and that there will be separate consideration of the pressures at Calais, which we will no doubt discuss next week, so perhaps I will save my comments for when I appear before the Committee. However, we are making a contribution in the Mediterranean to prevent those deaths. No doubt we will come back to the issue of resettlement. We believe that we are making a clear contribution through existing schemes and the vulnerable persons relocation scheme.

I emphasise that uncontrolled immigration makes it difficult to maintain social cohesion, puts pressure on public services and can drive down wages for people on low incomes. That is why our new immigration Bill and our EU renegotiations will control immigration. Our approach is based on being tougher, fairer and faster.

Oral Answers to Questions

James Brokenshire Excerpts

Monday 6th July 2015 Commons Chamber

[Owen Thompson (Midlothian) (SNP)]

7. How many people from Syria have been (a) granted and (b) declined asylum in the last four years.

[The Minister for Immigration (James Brokenshire)]

Since the Syrian crisis began in 2011, the UK has received more than 6,800 Syrian asylum claims and granted asylum or other forms of leave to more than 4,200 Syrians.

[Owen Thompson]

Given that Lebanon is currently accommodating a Syrian refugee population of somewhere near a quarter of its entire population, does the Minister agree that the international community, including the UK, needs to provide far more places for resettlement, and other opportunities such as flexible family reunion places, to relieve Syria’s neighbours of some of the responsibility they are struggling to cope with?

[James Brokenshire]

Given the numbers and the scale of the challenge, the focus should be on regional aid in the areas affected. That is why the International Development Secretary has committed another £100 million to assist in tackling the Syrian crisis, with the total reaching £900 million. We are focused on the most vulnerable individuals, which is why we have been operating the vulnerable persons relocation scheme.

[Sir Edward Garnier (Harborough) (Con)]

Does my right hon. Friend accept that the problem of people coming from Syria is reflected in the people leaving here to go to Syria? Will he have discussions with his fellow Ministers to ensure that the extremism Bill deals with youngsters and other vulnerable people being taken away from this country to Syria, so that they can be protected before that happens?

[James Brokenshire]

My right hon. and learned Friend makes an important point about the way in which people can be radicalised, and about how they can be vulnerable and exploited in that way. The new Prevent duty has been introduced precisely to ensure that all governmental agencies are focused on those issues to prevent such travel.

[Mr Speaker]

The Minister was determined to prove that the width of the question could be met by the width of the answer.

[James Brokenshire]

I congratulate the right hon. Gentleman on his reappointment as Chair of the Home Affairs Committee. I look forward to appearing before the Committee, no doubt before too long.

[Keith Vaz]

Next week.

[James Brokenshire]

There we are!

The right hon. Gentleman makes a serious point about the flow of people across the Mediterranean, which is why we have been clear about breaking that link of people thinking that they can get on to vessels and make that perilous journey northwards to the EU. I know that he has made interesting and important comments on this issue, but we must be clear not to establish new legal routes into the EU as that may make matters more difficult. I look forward to appearing before his Committee and giving further evidence.

[Charlotte Leslie (Bristol North West) (Con)]

8. What steps her Department is taking to tackle extremism.

--- Later in debate ---

[Steven Paterson (Stirling) (SNP)]

12. What recent discussions she has had with the Secretary of State for Business, Innovation and Skills on the potential effect of the Government’s immigration policies on the number of international students enrolling in UK universities.

[The Minister for Immigration (James Brokenshire)]

The Home Secretary regularly meets her Cabinet counterparts to discuss a range of issues, including how we can continue to attract the brightest and the best to study at our world-class institutions, while also bearing down on abuse. The UK remains the second most popular destination for university students.

[Steven Paterson]

I am grateful for that answer. In the 2013-14 academic year, 1,685 non-EU students studied at Stirling University, but the UK Government’s decision in 2012 to abolish the post-study work visa means that at the end of their studies they cannot remain and contribute to the local economy or the national economy of Scotland. Given that reconsideration of these visas has been recommended under Smith commission proposals, will the Minister undertake to reintroduce them or at least devolve the powers to do so?

[James Brokenshire]

It is important to understand that the numbers coming to our universities from outside the EU continue to grow. In the year ending September 2014, there was a 3% increase in the number of university-sponsored study visa applications for higher education institutions in Scotland. The hon. Gentleman raises the issues relating to the Smith commission and, certainly at official level, discussions have continued. However, I would highlight the risk: post-study work was abused—there is a route already in existence to allow that at the appropriate salary level—but obviously we will continue to discuss the issue.

[Andrew Bridgen (North West Leicestershire) (Con)]

Does my right hon. Friend agree that there are no limits on the number of foreign students who can come here, provided they meet requirements for speaking the English language and educational achievement, and as long as they can support themselves while they are in our country?

[James Brokenshire]

My hon. Friend is absolutely right that there are no limits on the number of students whom we welcome to this country and who enrich our universities, but our focus is on ensuring that they leave at the end of their studies. It should not be about work; it should be about study.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

23. Further to the question from my hon. Friend the Member for Stirling (Steven Paterson), does the Minister agree that there is an economic case to be made for greatly expanding the number of international students at university on these islands, that the income derived from them helps universities to maintain their standards, and that allowing young graduates to remain after their studies and make a contribution to the economy, paying taxes, growing businesses and so on, is an economic benefit that we would be foolish to shun?

[James Brokenshire]

As I have already indicated, there is no cap on the number of students coming to study at our world-leading universities, but the National Audit Office reported back in 2009-10, under the arrangements that existed under the last Labour Government, that 50,000 students may have come here to work and not to study. That is the abuse we have seen when we take our eye off the ball, and that is why we have made those reforms and why we need to continue to focus on the overall student situation.

--- Later in debate ---

[Mr David Hanson (Delyn) (Lab)]

I join the Home Secretary in remembering the victims of the attack 10 years ago. It was a heinous crime, which will live with people right up to today and beyond.

It is now over nine months since the migrant crisis started at Calais, and things are not getting any better for travellers, hauliers, the people of Calais or, indeed, for those individuals who have been trafficked there. Given the situation and recent concerns in the town of Calais, will the Home Secretary or her Minister confirm now what steps she has taken with the French Government to assess, identify and agree with the French authorities either asylum refugee claims or removal at the border? What steps is she taking to ensure that we improve security in France for UK citizens travelling through the Pas-de-Calais to the port?

[The Minister for Immigration (James Brokenshire)]

The Government have taken a number of measures to enhance security. The Home Secretary had discussions with her opposite number, Bernard Cazeneuve, last week on this specific element. We have invested £12 million into Calais and are looking at providing enhanced fencing at Coquelles in order to see the speeding up of freight and other traffic through both those points. We saw the appalling situation last week of industrial action being taken in France, which compounded the issues, which is why we are working continuously with our French counterparts. They are deploying more police resourcing and Border Force has deployed to Calais and Coquelles as well to enhance screening and assure our security.

[Heidi Allen (South Cambridgeshire) (Con)]

T3. Can the Home Secretary give reassurances that in respect of our plans to increase online surveillance powers for the police and security services, the public will not, as many fear, lose their right to their own privacy?

--- Later in debate ---

[James Cartlidge (South Suffolk) (Con)]

T5. Many UK haulage firms are being caught up in the terrible events in Calais, including Kersey Freight, which is based in Hadleigh, in my constituency. Drivers have been intimidated, and they are now starting to suffer financially as a result of the crisis. May I urge my right hon. Friend the Home Secretary to do all that she can to support our haulage companies in these challenging times?

[James Brokenshire]

My hon. Friend is right to highlight the pressures on hauliers who are seeking to facilitate trade between the United Kingdom and Europe, and the challenges that they have been facing. We have been working closely with the haulage industry, and last week I had three separate meetings with representatives of different parts of it. We are making sure that hauliers are being given the best information, and we are also working with the French authorities to ensure that the area is policed and the security that our hauliers expect is being delivered.

[Natalie McGarry (Glasgow East) (SNP)]

In June 2012, the United Kingdom Government signed up to the Istanbul convention on preventing and combating violence against women and domestic violence. Will the Minister tell us why, three years later, organisations such as Women’s Aid are criticising the Government for not taking further action?

--- Later in debate ---

[Sir Edward Leigh (Gainsborough) (Con)]

T6. The policy of European Governments on migrants is weak, and because it is weak, it is cruel, encouraging traffickers to bring more and more of them in. What action is the Home Secretary taking to enforce the Dublin convention, whereby migrants are returned to the place where they first entered the European Union? That is happening in only 3% of cases. What is she doing to enforce the traditional law of the sea whereby people are picked up in a humane way, looked after, and returned to where they came from?

[James Brokenshire]

My hon. Friend has made an important point about the established principle enshrined in the Dublin regulation that those in need of protection should seek asylum in the first safe country that they enter. Since 2003, when the regulation came into force, it has allowed us to transfer more than 12,000 asylum seekers from the UK to other European states. As for the point that he rightly made about organised criminality, we have established a new taskforce to ensure that we have the best intelligence so that we can pursue traffickers, who seem to see people as some sort of commodity that they can trade, with all the risks and loss of life that that can bring.

[Catherine West (Hornsey and Wood Green) (Lab)]

Does the Home Secretary share my concern about the wellbeing of women survivors of domestic violence, many of whom have been denied legal aid and are then repeatedly brought back to court by their former partners because they are not represented by skilled advocates?

--- Later in debate ---

[Danny Kinahan (South Antrim) (UUP)]

Northern Ireland relies a great deal on nurses from throughout the world to be able to have an efficient health service. The rule that an individual must earn £35,000 before they can stay will damage our health service. Will the Minister allow flexibility or change the immigration ruling for Northern Ireland?

[James Brokenshire]

I am happy to look into those specific points and write to the hon. Gentleman, but we take advice on this from the Migration Advisory Committee which looks at this independently, setting the figures and assessing the information, so as to inform us in making our determinations.

[Sir Alan Haselhurst (Saffron Walden) (Con)]

T8. Is my right hon. Friend aware of the rising number of complaints about excessive waits in the EU entry channels at Stansted, causing the airport to slip to the bottom of the airport service quality scores in the last 12 months? Can he tell me what steps he might take to help the airport operator overcome this problem?

[James Brokenshire]

I highlight to my right hon. Friend that the vast majority of legitimate passengers pass through the border control at Stansted quickly, and Border Force is increasing staff numbers at Stansted, maximising the use of e-passport gates and improving its approach to staff rostering. I can also say to him that I will be meeting Manchester Airports Group, the operators of Stansted, next week, when no doubt we will be able to go into this in more detail.

[Robert Flello (Stoke-on-Trent South) (Lab)]

I draw the House’s attention to my entry in the register of interests. Given that many commercial drivers coming in through Calais are now not checking the loads as they come through because they fear they might be attacked, what guidance has the Minister given to police and border agencies on the UK side to deal with commercial drivers who have allowed somebody to come through, or will he at least review the situation?

[James Brokenshire]

I know the hon. Gentleman has taken a close interest in this matter for some time. There is clear guidance. It was one of the issues that came up in my meetings last week. Our accreditation scheme sets out in clear terms those hauliers that are part of it and the guidance that is in place, but we will certainly continue to look at what more can be done.

[Nigel Adams (Selby and Ainsty) (Con)]

Tens of thousands of mobile phones are reported stolen every year when the reality is that many of them are lost by the owners, particularly in licensed premises. Will the Minister look at changing the crime status of the loss of mobile phones in licensed premises, because registering these phone losses as serious crimes can have a serious impact on the night-time economy and visitors, particularly when it comes to licensing?

--- Later in debate ---

[James Brokenshire]

The minimum income threshold was set with specific advice from the Migration Advisory Committee and has been upheld by the courts, and that is the basis on which we will continue to operate it.

Asylum

James Brokenshire Excerpts

Thursday 2nd July 2015 Written Statements

[The Minister for Immigration (James Brokenshire)]

The United Kingdom has a long and proud tradition of providing safe haven to those who genuinely need our protection and this Government take that commitment very seriously. But for an asylum system to offer help to those who genuinely need it, it must be capable of managing a high volume of applications by making quick decisions wherever possible.

The UK has operated a detained fast track policy for cases that can be decided quickly, including those that have very weak claims, since 2000. The decision to detain a person seeking asylum is never taken lightly, but the courts have been clear over the past decade in upholding the principle that an accelerated process for asylum seekers while detained, operated with certain safeguards, is entirely lawful.

Just over 30,000 asylum claims were made in the UK last year—close to the average for the last 10 years. The majority of applicants are provided with accommodation and support by the Home Office or find their own accommodation. Most decisions on asylum claims are made within three to six months. Many, including from countries such as Syria, are accepted as refugees and granted permission to stay.

But a fast track process, including for those that have very weak or spurious claims, with decisions normally made within a matter of weeks and subject to an accelerated appeals process, is an important part of our immigration system and ensuring that our help is rightly focused on those who truly need it.

It is vital that we deal robustly with unfounded or abusive claims in the asylum system. It is also vital, however, that we can identify vulnerable applicants, including victims of trafficking or torture, to ensure that they can receive a fair hearing.

The Government are committed to the underlying principles of the detained fast track (DFT) and believe that for the most part it is operating well and is removing back to their own countries those whose asylum claims are clearly unfounded. But we must be satisfied that our safeguards for dealing with vulnerable applicants throughout the system are working well enough to minimise any risk of unfairness—as we have always striven to do.

Recently the system has come under significant legal challenge, including on the appeals stage of the process. Risks surrounding the safeguards within the system for particularly vulnerable applicants have also been identified to the extent that we cannot be certain of the level of risk of unfairness to certain vulnerable applicants who may enter DFT.

In light of these issues, I have decided to temporarily suspend the operation of the detained fast track policy. I hope this pause to be short in duration, perhaps only a matter of weeks, but I will only resume operation of this policy when I am sure the right structures are in place to minimise any risk of unfairness.

This decision does not mean that we will cease to detain people for immigration reasons. Immigration powers and policies relating to detention remain in place and we will continue to use them across the immigration system, including for removing illegal immigrants and protecting the public, wherever necessary.

We will continue to exercise the right to detain or keep in detention illegal migrants who have claimed asylum, where their specific circumstances warrant it.

In the meantime, every individual who was detained under the DFT policy and remains detained will have their detention urgently reviewed at senior level. Those who meet the general criteria for detention will not be directly affected by the decision to suspend DFT. Many are already detained under these powers, for example because they are at risk of absconding and face imminent removal. Only if detention can no longer be justified outside a DFT process will applicants be released to continue their asylum claim in the regular asylum system.

Asylum seekers who face removal to a safe third country or who come from a country designated as being generally safe, those who pose a risk to the public, those who are foreign national offenders, or those who otherwise face the likely prospect of removal are still liable to be detained or remain detained. Their cases will be prioritised under existing general rules.

We will urgently review all the evidence we have about any possible unfairness in the DFT system and address any shortcomings identified. In the meantime, we will continue to consider all asylum cases very carefully, granting protection to those that need it and refusing and removing those that do not. Asylum must not be used as a means to avoid legitimate immigration control and we will continue to be robust in ensuring that it is not.

This decision is in keeping with the Government’s wider work to ensure that we are doing everything we can to safeguard the welfare of those whom we detain. In February this year, the Home Secretary asked Stephen Shaw, the former Prisons and Probation Ombudsman, to conduct a review into the welfare of people detained for immigration purposes, including those detained under the DFT policy. When he reports we will take his findings seriously and use them to continue to improve whatever processes are in place.



It is vital that our asylum policy ensures that safe haven is provided to refugees and that our systems are fair and offer good value to the tax payer. It is also important that if a case can be determined quickly, it should be so determined, and that no immigration advantage can be obtained by making a spurious or opportunistic claim. That is why the Government remain committed to the principles of a detained fast track system and will re-introduce one as soon as we are satisfied the right structures are in place to ensure it operates as it is supposed to.

[HCWS83]

Refugee Situation in the Mediterranean

James Brokenshire Excerpts

Tuesday 16th June 2015 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

I thank the right hon. Member for Leicester East (Keith Vaz) for securing a debate on this important subject. I know that from his experience as Chairman of the Select Committee on Home Affairs during the previous Parliament, he has a detailed knowledge of the subject. He has visited places such as Calais and the Greek border to see for himself the pressures that migration creates in various countries. I have listened carefully to the points that he has raised, and in the time available I will try to respond to the issues that he has highlighted.

The right hon. Gentleman clearly underlined the fact that the situation in the Mediterranean is a tragic reminder of the risks that migrants are prepared to take in their attempts to make the perilous journey to Europe, and it is a stark illustration of the exploitation perpetrated by traffickers and organised criminals, who callously put people in harm’s way at sea. Frankly, they could not care whether people live or die. We need to focus on that callousness, that coldness and that complete disregard for human life, and the traffickers who are responsible for it. The loss of life is unacceptable, and I know the whole House is in absolute agreement on that.

Mass migration is one of the key global issues of our times. To put in context the challenge we face, it is currently estimated that about half a million people in Libya are awaiting the opportunity to cross the Mediterranean. There are no easy answers, and none of us should pretend otherwise. We need to look beyond the horizon, looking to the source and transit countries and considering an end-to-end process in dealing with this significant issue, but equally we need to deal with the here and now.

The UK is playing a leading role in the rescue efforts to prevent further deaths. We have sent the Royal Navy’s flagship, HMS Bulwark, to assist the Italian-led search and rescue mission. We have also deployed two UK Border Force cutters and three Merlin helicopters, in addition to police and military expertise. To date, UK assets have saved over 3,000 lives. No definitive dates have been set for the withdrawal of HMS Bulwark, but I can assure the House that all options are being actively considered.

We will continue to work with European partners to solve the immediate crisis, but these efforts alone will not make the problems go away; we need to treat the root causes and not just deal with the consequences. This can be done only with a comprehensive, long-term solution where we break the link between the people getting on the boats and achieving residence in Europe. This is absolutely key to the solution, as the Prime Minister and the Home Secretary have underlined in their contributions. Through breaking this link, we will stop people putting themselves in the perilous position that they face in seeking to make that journey across the Mediterranean.

[Stephen Gethins]

rose—

[James Brokenshire]

I can see that the hon. Gentleman wishes to intervene. I am conscious of time, but I will give way once.

[Stephen Gethins]

On the withdrawal of HMS Bulwark, the Minister said that all options are being considered. Will he confirm that, regardless of what happens, the Secretary of State for Foreign Affairs will make a full statement to this House?

--- Later in debate ---

[James Brokenshire]

I am sure that the House will be kept updated in a number of different ways about the ongoing operations in the Mediterranean. As I have underlined, we are making a difference now with the deployment of assets in the Mediterranean, and we are keeping that deployment under active review.

We need to build stability in Libya and source countries, helping to create livelihoods and reducing the push factors to prevent the flow of people from these countries. We need to make it clear that illegal migrants who are not in genuine need of protection will swiftly be returned to their home countries. We need to tackle the large organised crime gangs and trafficking networks who facilitate and profit from this human misery.

The increased flow of migrants has resulted in a range of pressures across Europe. Asylum numbers have increased significantly in a number of countries—in Germany, for example. As the right hon. Member for Leicester East said, Calais has become an obvious visible sign of migratory pressures close to the UK. Recognising that we needed to do more with our French counterparts to tackle that issue, on 20 September 2014 the Home Secretary and French Interior Minister Bernard Cazeneuve set out in a joint declaration a number of commitments to tackle problems at the port of Calais. This included £12 million from the UK Government towards upgrading the port infrastructure at Calais and other juxtaposed ports, and improving security and upgrading technology.

We have made good progress in the implementation of these practical solutions, including completing the first phase of installing new security fencing and a communications campaign from which we have obtained valuable intelligence and insights from migrants. We continue to work closely with the haulage industry, both in the UK and abroad, to ensure that drivers and hauliers are aware of what steps they need to take to secure their vehicles in order to reduce clandestine entry into the UK. We have also listened to hauliers’ experiences. Last week, I spoke to representatives of the Road Haulage Association and the Freight Transport Association and I intend to have further discussions about the immediate challenges facing the haulage industry.

We recognise that the problem does not begin in Calais. That is why we are enhancing joint work with France and other European partners to clamp down on the organised crime groups behind people smuggling. We welcome some of the EU’s proposals and we are working with other member states to deal with illegal migration. However, we have already made our position clear on the proposals for the relocation of migrants within the EU. We need to find a long-term solution to the problem that does not increase the pull factors to the EU. The UK Government are clear that they will offer generous funding and practical support to help make that happen. At the European level, my right hon. Friend the Home Secretary is in Luxembourg today for the Justice and Home Affairs Council meeting, which includes a strong focus on illegal mass migration. My right hon. Friend the Prime Minister will attend the European Council meeting in Brussels next week; no doubt the meeting will focus heavily on this issue.

We are taking action against the criminal gangs. We are working closely with Europol to strengthen its operation to tackle organised crime groups involved in smuggling in the Mediterranean sea, focusing on tracking vessels and bringing together intelligence. Through that fusion of intelligence from all sources, we will obtain the best possible picture so that we can take action against the trafficking gangs and vessels being used to transit people across the Mediterranean.

The UK is taking further action as part of a core group of EU member states and African partners, leading the EU Khartoum process—a combination of work by EU member states and African Union states, looking at the source and transit countries and at the people traffickers involved. This horn of Africa initiative focuses on combating people smuggling and trafficking in the region. It will bolster sustainable regional protection for refugees by working with key countries of origin, including Eritrea, Ethiopia and Somalia, as well as transit countries such as Libya and Egypt.

The UK has also been at the forefront of efforts to secure a Security Council resolution to authorise the use of force against smugglers’ vessels. As the right hon. Gentleman said, the common security and defence policy initiative is being taken forward and it is important that there is that intelligence fusion to inform that work.

In the longer term, however, stability and regional development are the only sustainable solution. That is why the UK prioritises aid and our unprecedented programme helps those who are displaced by war and reduces people’s need to flee. We have one of the most generous aid budgets in the world and we are one of very few EU countries to spend 0.7% of GDP on aid and development. The UK is the second largest bilateral donor to the Syrian crisis, providing £800 million to date. We are heavily involved in efforts to help establish a sustainable unity Government in Libya.

We are also supporting the EU’s proposals for sustainable protection in north and east Africa under EU regional development and protection programmes. We are already participating in the middle east programme. We are increasing our support and protection for those who need it. Reference was made to children earlier in the debate. The UK Syrian vulnerable persons relocation scheme was launched in January 2014, to provide protection for those, including torture survivors and women and children at risk, who cannot be supported effectively in their region of origin. Some 187 have been resettled in the UK in just over a year, and more arrive each month.

Furthermore, we have granted asylum to more than 4,000 Syrians since the start of the humanitarian crisis there. The UK has already settled more than 6,000 refugees over the past 10 years in direct co-operation with the UN High Commissioner for Refugees under the Gateway programme. Practical action, both at EU level and more widely, is what we need to save lives, to tackle the criminal gangs, to find a solution to the chaos in Libya and to offer long-term solutions to enable people to stay in their own countries in peace and dignity.

This is a broad piece of work. The Government are focused on their responsibilities, working with EU partners to deal with this significant problem.

Question put and agreed to.

Clandestine Migrants (Harwich)

James Brokenshire Excerpts

Monday 8th June 2015 Commons Chamber

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

(Urgent Question): To ask the Home Secretary to make a statement about the discovery and detention of 68 clandestine migrants by Border Force at Harwich international port on the night of Thursday 4 June.

[The Minister for Immigration (James Brokenshire)]

Last Thursday evening, Border Force officers at the port of Harwich detected and intercepted 68 migrants seeking to enter the UK illegally and clandestinely. The discovery came after four lorries were selected for examination and for searching through Border Force’s normal operating procedures. Among the 68 migrants were two pregnant women and 15 children. Seven migrants complained of chest pains and nausea and were taken to hospital as a precautionary measure. All four drivers of the lorries involved were arrested on suspicion of facilitating illegal immigration. They have been bailed but remain under investigation by law enforcement bodies, including the National Crime Agency.

Of the 68 people found, 35 were Afghans, 22 Chinese, 10 Vietnamese and one Russian. None of those taken to hospital, including the two pregnant women, was found to have a substantive medical condition of concern. Some of the individuals have claimed asylum, and UK Visas and Immigration is considering their claims, including suitability for the “detained fast track” process. Two of the asylum seekers are unaccompanied minors and have been placed in the care of Essex social services. We have already begun the work to seek the removal of the remaining migrants from the UK, and 15 have already been successfully removed. If we can show that those claiming asylum have also claimed in another EU member state, we will seek to remove them under the Dublin regulations. The Government are clear that the EU’s approach to migratory flows must include the proper management of the external border, the prompt return of those not in genuine need of protection and action to tackle the efforts of the smugglers and traffickers who profit from human misery.

I am aware that my hon. Friend the Member for Harwich and North Essex (Mr Jenkin) visited the port, which is in his constituency, on Friday, and I endorse and echo his positive words about the work of Border Force. It conducts rigorous checks, on a targeted basis, on lorries and other vehicles as they arrive at UK ports of entry, as was the case at Harwich on Thursday evening. Such checks are undertaken by skilled officers who have the expertise to identify individuals often well hidden in vehicles and they involve the use of state-of-the-art scanning and X-ray technology. Thursday night’s incident at Harwich comes on the back of several other good results for the Border Force team at that port. Among other successful operations in recent years, the team has made some significant seizures, including 15 kg of heroin in December, 17 kg of cocaine in May and 2.9 million cigarettes in March.

On the specific problems of clandestine immigrants, Border Force concentrates significant resources at the juxtaposed ports in northern France, where the vast majority of illegal border crossings are attempted. All lorries undergo enhanced screening at these locations, but our approach is flexible and intelligence led. Border Force can and does move its resources around on the basis of threat to ensure we keep one step ahead of the criminal gangs that exploit vulnerable people and try to circumvent our immigration laws.

The important work that Border Force officers carry out, detecting and intercepting those who attempt to enter the UK illegally, in conjunction with law enforcement agencies in the UK and internationally, is vital in the fight against organised criminal networks engaged in people smuggling. These gangs show a callous disregard for human life and seek to make a profit out of other people’s misery. I commend Border Force for its discovery last week and the work it does day in, day out to protect the UK’s border, and I commend this statement to the House.

[Mr Jenkin]

I thank my right hon. Friend for his statement. Can he confirm that this is, in fact, one of the largest discoveries of clandestines ever at a port of entry into the UK? I join him in his praise for Border Force and the effectiveness of its operation. I also join him in underlining what a pitiful sight these individuals were and in remembering that they are the victims of people traffickers as much as they are seeking to exploit the system themselves.

Does the Minister share public concern about the immediate implications of this discovery, which perhaps arise under three main issues? How much does this incident demonstrate the increasing pressures on Border Force and the UK authorities, and do they have adequate manpower and equipment? Harwich international port is able to stop and search only about 6% of the 250,000 commercial vehicles entering the UK at Harwich each year. It does not know and cannot know how many unchecked vehicles might contain undetected clandestines. Seeking out illegal entrants is not its first priority, which is to swipe passports of known passengers and carry out anti-terrorist measures.

Secondly, although Border Force was able to reassure me that it has effective working relationships with its counterparts in Holland and elsewhere across the continent, the UK does not have an agreement with Holland on what is known as—the Minister referred to it—juxtaposed controls, similar to those with France, which enable the UK authorities to operate on the ground at Calais and other French channel ports. Without criticising the Dutch Government in any way, this incident raises the question of whether arrangements at Hook of Holland need to be reviewed?

Thirdly, what signal does this send? Yes, we found these individuals, and I am delighted that the Minister has been able to tell us that 15 of these clandestine migrants have already been deported, but out of the 68, what is the likelihood that many will end up achieving what they wanted and be allowed to stay here? Why do clandestines cross continents of free countries to claim asylum here? While we must honour our obligations under the tightly defined criteria for asylum claims laid down in the 1951 Geneva convention, how much does the way that we adjudicate on the much wider provisions of the European convention on human rights unreasonably inflate asylum claims so that the UK attracts people to claim asylum here rather than elsewhere, and what should be done about that?

[James Brokenshire]

I thank my hon. Friend for the manner in which he has approached this issue. I know of the direct stance he has taken in visiting the port and ensuring that he represents his constituents effectively. He makes a powerful point about the pitiful sight of those discovered in these four lorries and about how those seeking to exploit migrants really have no care or consideration—even at times as to whether these people will live or die. That is the callous and harsh reality of the organised crime groups to which we are responding. That is also why it is right that we have enforcement activity both in this country, leveraging with the work of the National Crime Agency, and with other European partners.

My hon. Friend highlights his concerns about the immediate aftermath of the detection, and this has certainly been a very significant detection of illicit migrants, although we have worked hard across the whole of the juxtaposed and other port controls, with just over 39,000 detections being made last year. That shows the vigilance and hard work of Border Force—both in country and elsewhere.

My hon. Friend highlights the need to work internationally, which is certainly what we are doing with the Dutch and others, and asks why people are claiming asylum here rather than in other countries. I would point to the fact that, last year, there were 200,000 asylum claims in Germany—much more than the approximately 30,000 we saw in this country—and 81,000 in Sweden and 63,000 in France. A large majority of asylum claimants are thus going to other European countries rather than here. I can certainly assure my hon. Friend on the work that Border Force is undertaking and the work we will continue to do to secure our border, using technology and flexibly deploying our resources in respect of intelligence where we need it, and ensuring that we are doing all we can to secure our border.

[Mr David Hanson (Delyn) (Lab)]

First, may I thank you, Mr Speaker, and the hon. Member for Harwich and North Essex (Mr Jenkin) for raising this important issue here today? It remains one of the most serious humanitarian issues facing not just this Government but Europe as a whole. We must ensure that we maintain, as the Minister wants to do, the integrity of our borders. The people found at Harwich this weekend are as much victims of criminal gangs as those found on boats in the Mediterranean, or indeed at the border in Calais. As the Minister has said, we need concerted UK and EU action to ensure we stop this trade in human beings at source.

We on this side of the House warned in October that the removal of Operation Triton would lead to further pressure on European borders, and the lack of effective action taken in Calais by the French authorities and their failure to identify and to remove correctly those at the French border is leading to attempts at other borders, including those in Holland. The measures taken earlier this year by the Government and European Governments are welcome, and I also pay tribute to the armed forces for their help in the Mediterranean, but some questions remain.

First, will the Minister outline in detail what steps he is taking with our European partners and Europol to establish where the people traffickers are operating from, to follow the money raised by payment to these individuals back to source, and to establish further intelligence-led operations to close down this business? How many prosecutions of people traffickers have taken place in the past 12 months both in the UK and internationally? Will he now arrange an urgent meeting of the EU police forces and Ministers to look at this issue again, and to track, identify and prosecute those involved in this trade? Might we look particularly at the issues of north Africa and the middle east, and the Governments and regimes there, to help stop this trade at source?

Like the hon. Member for Harwich and North Essex, I briefly want to look at what we are doing in the UK. We need to intensify the checks on vehicles, particularly lorries at UK ports of entry. Can the Minister confirm what percentage of lorries and containers are routinely checked at UK ports of entry, and say whether the figure of 6% for Harwich is accurate? Can he confirm whether the statement of the former inspector of borders, John Vine, at the weekend that

“good intelligence and experienced staff were critical, but a lot of experienced staff were leaving and not being replaced”

is true?

Can the Minister confirm whether Border Force funding is ring-fenced from the £30 million Home Office cut announced by the Chancellor last week? A further reduction in funding, even in these hard times, will put pressure on Border Force staff. Will he indicate, if not now then in writing in the Library of the House, how many staff were in post in May 2010 and how many staff are in post now? Does he accept that the pressures on Calais and the work done is Calais are now displacing people to other ports, as we warned last year? Will he look at the issue of the Dublin convention to make sure arrangements are put in place so that those whose first port of entry is not in the UK are dealt with elsewhere?

Finally, as the hon. Member for Harwich and North Essex has asked, will the Minister indicate what steps he is taking to work with the Government of Holland in particular, but also those in Belgium, Spain and Ireland who have direct sea routes to the UK, to put in place stronger mechanisms, as we have in France, to stop the traffickers in mainland Europe?

This is a criminal trade, and the people at Harwich are victims. We need to make sure that the UK Government work hand in hand with our European partners because we need, collectively with the support of the Opposition, to close down this vile trade.

[James Brokenshire]

The right hon. Gentleman has asked a series of questions. I may not be able to answer all of them in the time available, but I welcome his constructive approach.

The right hon. Gentleman highlights the need to work jointly with other European countries, and I agree. That is why we have a dedicated UK taskforce in Dover which provides real-time intelligence and investigation response to all operations. For example with links to France and Belgium, 32 live investigations and 22 organised crime groups have already been disrupted since February 2014, and the total custodial sentences to date is 148 years. I hope that answers his question about the body of work.

The right hon. Gentleman highlights the work that we have rightly undertaken in Calais with the French authorities—the £12 million joint investment with the French Government to strengthen security at that port. That is on top of additional investment in screening and other detection equipment, which underlines our strong, practical response.

The right hon. Gentleman talked about the number of Border Force officers—there are around 8,000. They are deployed flexibly, by which I mean that it is dependent on the intelligence that we see for a particular port at any one time. Therefore, it is not appropriate to give the breakdown or percentages that he seeks, but we rightly take a responsive stance to deal with such issues.

The right hon. Gentleman also highlighted the need to ensure adherence to the Dublin regulations that allow us to return people who may have been able to claim asylum in other countries. We take that responsibility seriously and we continue to press other European countries in that regard.

One of the key things is to ensure that those who arrive in the European Union are properly fingerprinted and that we identify those who come to our shores. More work needs to be done on that and we will continue to press other European countries to fulfil their responsibilities.

[Sir William Cash (Stone) (Con)]

Will the Minister assure us that the traffickers, if convicted, will not be allowed to use any of the legal procedures under the Human Rights Act or the charter of fundamental rights to avoid immediate deportation?

[James Brokenshire]

My hon. Friend makes an important point about the work that the Government have done through the Immigration Act 2014—to put in place clarification of article 8, for example, on the right to a family life, to ensure that it is properly balanced—so that we can seek removal. I am sure that such issues of fundamental and human rights are ones that we shall return to during the course of the Parliament.

[Several hon. Members]

rose—

--- Later in debate ---

[James Brokenshire]

I thank the right hon. Gentleman for his kind comments. I fully recognise the importance of this work, of EU action and of the role that Frontex has to play. This is certainly something that the Home Secretary has continued to advance at Justice and Home Affairs Council meetings. Indeed, there were discussions at the G6 last week, when the Home Secretary spoke to a number of her European counterparts. I assure the right hon. Gentleman of the importance that we attach to the work of Frontex and to ensuring that the external border is strengthened.

[Tim Loughton (East Worthing and Shoreham) (Con)]

It is slightly alarming that it is now public knowledge that clandestine migrants have a 94% chance of getting in through Harwich. When the Home Affairs Committee in the previous Parliament visited Calais, we saw all lorries routinely subject to carbon dioxide sensors, motion sensors, sniffer dogs and X-rays. When will similar thoroughness be applied to Harwich, where clearly displacement has happened?

[James Brokenshire]

We have those controls juxtaposed at ports where we see the majority of the problem. Clearly we keep under review the way in which we apply our resourcing to particular ports. I do not comment on specific percentages or ways in which resources are deployed. The right thing to do is to look at the intelligence and the threat and to ensure that we are doing our utmost. That is precisely what we are doing.

[Joanna Cherry (Edinburgh South West) (SNP)]

Reports suggest that the migrants had been stowed for a long time, with many tired and dehydrated. The Minister said that they included two pregnant women and 15 children, and that some were taken to hospital as a precautionary measure but none was found to have a substantial “medical condition of concern.” What assurances can he give that those migrants who remain in the UK have continuing access to appropriate healthcare? What updates can he provide, particularly on the condition of the pregnant women and children reported to have been among their number?

[James Brokenshire]

I thank the hon. and learned Lady for her question and welcome her to her place today. I have given the House an update on the medical condition of the children and the others rescued at Harwich. Obviously, continuing medical support will be made available should it be required, but, again, I am pleased to say that no further intervention was needed.

[Richard Drax (South Dorset) (Con)]

I congratulate Border Force on this operation. Given that ports and lorries are rather obvious methods of entry into the United Kingdom, what others are being used and how widespread are they?

[James Brokenshire]

As I hope my hon. Friend will recognise, it would not be appropriate for me to identify or set out alternative routes for others to take. I can say to him that Border Force is vigilant and is always looking at different ways in which those who seek to get to this country may stow away or hide themselves. The real concern is the extent to which people are prepared to put their lives at risk, sometimes in really dangerous conditions. We take that extremely seriously, in terms not simply of trying to identify individuals but of ensuring that they are safeguarded.

[Fiona Mactaggart (Slough) (Lab)]

The Minister has talked about how some people who have been smuggled are being returned and how the drivers of the lorries have been arrested, but he has not told us what has happened to the organisers of this operation. In preparation for this question, I looked to see how many criminal gangs that are smuggling people into Britain had been prosecuted. The Minister said he is disrupting their operations, but is he going to prosecute any of them?

[James Brokenshire]

When the right hon. Lady looks back at a previous answer I gave about the work of operation groundbreaker, she will see that prosecutions have been achieved, with a significant number of years’ imprisonment secured against those involved.

As I said in my statement, the National Crime Agency is involved in this area, working with immigration enforcement. The hon. Lady rightly says that this is about going against the trafficking groups—the organised crime groups—and looking overseas to where the facilitation is taking place. This is a pernicious and appalling trade, which is why we are fusing intelligence and working jointly with European partners to go after those responsible for putting people in such dangerous conditions.

[Simon Hoare (North Dorset) (Con)]

Does my right hon. Friend recognise the importance of immigration removal centres? The whole House has recognised that the people involved at Harwich were clearly the victims. As the hon. and learned Member for Edinburgh South West (Joanna Cherry) said, it is important that there is somewhere safe and secure for people to be held and looked after, which is why the IRCs are important.

[James Brokenshire]

I recognise and support the need for detention as part of a removals policy, and IRCs play an important role in ensuring that that takes place in a safe manner. Obviously, we are concerned to ensure that detention in an IRC is for the most limited period possible and that appropriate welfare is provided, but it is absolutely right that we have our IRCs to do the job on facilitation and removal.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Given that these were intelligence-led operations, may I return to John Vine’s comments about Border Force? His concerns were that too many staff with long experience have been lost and that although we may have the numbers, these people are not sufficiently experienced. Will the Minister return to the issue to satisfy himself that that is not happening?

[James Brokenshire]

The success of Border Force is clear to see, with more than 39,000 attempts to cross the channel illegally having been stopped in 2014-15. Indeed, its successful work last week underpins its activity. We continue to strengthen the security at our border to stop those who have no right to enter the UK, and our highly trained staff in Border Force are doing that precise job.

[Mark Pritchard (The Wrekin) (Con)]

Helping fragile states is expensive, but helping failed states is even more expensive in terms of blood, treasure and mass migration—often illegal mass migration. Although these clandestines are arguably not from failed states, many more who come to this country are. Does that not underline the importance of the Government’s commitment to the Department for International Development budget, particularly in doing more for conflict prevention and conflict resolution?

[James Brokenshire]

My hon. Friend makes an important and powerful point. Our international and regional development assistance plays a key part in providing long-term solutions to help prevent the flows of people across continents and in confronting and combating the traffickers who are engaged in this pernicious trade. Yes, he is correct, and we certainly do want to see that focus on international development assistance to support our own domestic priorities.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

As the hon. Member for Harwich and North Essex (Mr Jenkin) said, only 6% of vehicles are stopped. We know that there is an issue around infrastructure as well as around resources at ports. What conversation is the Minister having with the ferry companies, which often plead commercial pressures as well, to ensure that there is space and willingness to engage with the Border Force to tackle this issue?

[James Brokenshire]

As I have already told the House, it is not correct to talk about any specific percentages at any one port given the very flexible way in which resources are directed to meet the threat, but we continue to discuss the matter with the maritime and other sectors. Indeed the round-table discussion that I had with the hauliers in March focused on how we could work with them, the need for greater security and the support they need to help them with their role. We will certainly continue those discussions.

[Mary Robinson (Cheadle) (Con)]

Will the Minister remind the House of the actions taken by this Government to give asylum to the most vulnerable cases?

[James Brokenshire]

This country should be proud of its record of granting asylum to those who are fleeing persecution and those whose lives would be at risk if they were returned to their countries of origin. This Government have taken significant steps to improve the way we process asylum cases and deal with the backlogs. We now have a six-month service standard for processing straightforward claims. Obviously, we remain vigilant against those who abuse our asylum system and our hospitality, which is why we are following the Dublin regulation and ensuring that those who are coming here not for asylum are processed effectively and removed if they have no right to be here.

[Jeremy Corbyn (Islington North) (Lab)]

I ask the Minister to think quite deeply about this issue. Those poor people who were taken into Harwich are but the tip of an iceberg. There are hundreds of thousands of people around the world who are victims of war, oppression, and human rights abuses. Apparently, many of them come from Afghanistan, which we have occupied for the past 14 years. Does he not think that there is a worldwide humanitarian crisis here that we should be addressing to save lives? It is fine to condemn people traffickers—we can all do that—but we must look at the consequences for those desperate and very poor people.

[James Brokenshire]

The hon. Gentleman will have heard what I said in relation to a previous question on the use of international and regional development assistance, and I believe very strongly in that. It is an end-to-end approach that we need here. Yes, of course we have the immediate issue that we were confronted with on Thursday of those who have arrived on our shores. Equally we need to look at the external border in dealing with Frontex and some of the other European institutions. But it is also about stopping people making these journeys. It is not only about confronting the organised crime groups; it is also about regional assistance and development and ensuring that we have solid states so that people do not need to make those perilous journeys.

[Tom Pursglove (Corby) (Con)]

Caring for trafficked children is putting a great financial strain on local authorities, including Northamptonshire. Are Ministers making additional resources available in this dreadful case to help that process?

[James Brokenshire]

Certainly, we recognise that a number of areas around the UK are under significant pressure from migration. That is why the Prime Minister has said that we are examining the creation of a special fund to make money available to those areas of the country that are particularly affected. Certainly, that is something that we are considering further, and we will come back to the House with further information in due course.

[Rachael Maskell (York Central) (Lab/Co-op)]

Will the Minister set out what co-operation is being undertaken with the Dutch authorities to ensure that checks on lorries take place at the earliest possible opportunity to reduce the risk to migrants? What percentage of checks are taking place in Holland and what investment is planned to ensure that, as has been illustrated in Calais, early intervention reduces the risks?

[James Brokenshire]

The relationship with the authorities in the Netherlands is particularly strong and has resulted in a joint action plan that will embed regular data and intelligence sharing between Border Force and its Dutch equivalent. Intelligence is already being shared that is helping to improve Border Force targeting and in the future we plan to run joint operational activities on common threats in the Netherlands to enhance security. The strong joint working that we see already will be enhanced.

[Mr David Nuttall (Bury North) (Con)]

Earlier this year, a case was reported of a failed asylum seeker whose application had been refused in 1997 but who, incredibly, was still here in 2015, mainly owing to the Human Rights Act. Will the Minister please confirm that all the illegal immigrants found at Harwich will be returned within 18 days, never mind 18 weeks, 18 months or 18 years? If that is not possible because of the Human Rights Act, it will be yet further evidence of why we urgently need to review our human rights legislation.

[James Brokenshire]

It is right that any asylum claims should be appropriately considered, and that is what will happen. As I have already said, the Government have done a great deal to speed up and improve the process of examining those claims. My hon. Friend has a good point about the ability to appeal. We believe that further steps are needed on various different routes, so that appeal rights can be maintained, but out of the country. That is what we have done with foreign national offenders and we want to extend it further into other routes.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

Stopping this revolting trade requires action at source and my right hon. Friend has spoken about the importance of the use of our international aid budget. What discussions has he had with Foreign Office Ministers about taking concerted action across the globe?

[James Brokenshire]

We have joint action on this and the Home Office does not simply work in isolation. We work with the Department for International Development and Ministers from the Foreign Office, so I can certainly assure my hon. and learned Friend that the Government take our responsibilities in combating this issue seriously. That requires work overseas as well as in this country, and Foreign Office Ministers are certainly playing their part.

[Mr Philip Hollobone (Kettering) (Con)]

rose—

--- Later in debate ---

[Mr Hollobone]

Given that only 6% of lorries are being searched at major ports such as Harwich, is it not time to recruit more personnel from the increasing reservoir of former police officers and armed forces personnel so that more searches can be undertaken? Is it not now time to make it absolutely clear that this country will not accept fresh asylum claims from those who have travelled through many other safe countries before arriving at our shores?

[James Brokenshire]

My hon. Friend has rightly raised the effective use of the Dublin regulation on a number of occasions. We want it to be strengthened further, which is why I made the comment earlier about ensuring that we fingerprint those who arrive within the EU. I have already dealt with how Border Force uses its resources. It is right that it should do that. We certainly remain focused on the clandestine threat as well as on other threats to the UK border and on how we use Border Force resources and technology to meet those threats.

[Mr Bone]

It is quite clear that human traffickers are evil, brutal gangs, but one problem that we came across when I was chairman of the all-party group on human trafficking was that illegal immigrants were coming through the porous eastern borders of the European Union and travelling across the EU unchallenged, partly because of freedom of movement and partly because there are no border checks. The main reason, however, was that there were no incentives for those countries to intervene and stop those people because they would then become their problem. What discussion has the Minister had with his European Union colleagues to correct this problem?

[James Brokenshire]

I congratulate my hon. Friend on all the work that he did in the last Parliament to highlight the trafficking of human beings. His work was instrumental in shaping the Modern Slavery Act 2015, for example, and ensuring that we take this issue as seriously as possible. We underline those themes, and one of the Home Secretary’s priorities at European Council of Ministers meetings is the need to confront and combat trafficking—that pernicious trade, which is exploitative, has no regard for individuals’ welfare or wellbeing, and sees them transited across countries to make money for people. It is utterly sick, and it is an issue that we shall retain as a priority. I can assure my hon. Friend that we will return to it on future Justice and Home Affairs Council meetings, given the importance that we rightly attach to it.

Prevention and Suppression of Terrorism

James Brokenshire Excerpts

Wednesday 25th March 2015 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2015, which was laid before this House on 23 March, be approved.

The threat level in the UK, which is set by the independent Joint Terrorism Analysis Centre, remains at “severe”. This means that a terrorist attack in our country is highly likely and could occur without warning. We can never entirely eliminate the threat from terrorism, but we are determined to do all we can to minimise the threat to the UK and to our interests abroad. It is also important that we demonstrate our support for other members of the international community in their efforts to tackle terrorism wherever it occurs. Proscription is an important part of the Government’s strategy to disrupt terrorist activities.

The two groups we propose to add to the list of terrorist organisations, amending schedule 2 to the Terrorism Act 2000, are Jamaat ul-Ahrar and the Haqqani network. This is the 18th proscription order under the Act. Under section 3, the Home Secretary has the power to proscribe an organisation if she believes it is currently concerned in terrorism. The effect of proscription is that a listed organisation is outlawed and is unable to operate in the UK. It is a criminal offence for a person to belong to, support or arrange a meeting in support of a proscribed organisation, or to wear clothing or carry articles in public that arouse reasonable suspicion that an individual is a member or supporter of a proscribed organisation.

Having carefully considered all the evidence, the Home Secretary believes that JUA and the Haqqani network are both currently concerned in terrorism. Hon. Members will understand that I am unable to comment on specific intelligence, but I can provide a summary of each group’s activities in turn.

Jamaat ul-Ahrar is a militant Islamist group that split away from Tehrik-e-Taliban Pakistan in August 2014. JUA aims to establish an Islamic caliphate in Pakistan and aspires to extend global jihad into the Indian subcontinent. The group has claimed responsibility for a number of recent attacks. In September 2014, JUA’s spokesman released a statement criticising the British Government for arresting suspected Al Muhajiroun associates and made a threat, stating that

“your future security depends upon how nicely you treat the Muslims in Britain”.

Additionally, the group has claimed responsibility for the fatal attacks on Christian sites in Lahore earlier this month.

The Haqqani network is an Islamist nationalist group seeking to establish sharia law and to control territory in Afghanistan. It is ideologically aligned with the Taliban. It has links with a number of terrorist groups in the region, including proscribed central Asian group Islamic Jihad Union, and long-established links with al-Qaeda.

The Haqqani network continues to play an active and influential role in the Afghan insurgency in the east of the country, and is seeking to expand its influence into other areas of Afghanistan. Given the Taliban practice of claiming attacks on behalf of the insurgency as a whole, it can be difficult to identify the Haqqani network’s specific responsibility for attacks, but the group is believed to have been responsible for the attack against the British embassy vehicle in November 2014 that killed six people, including a UK national and an Afghan member of UK embassy staff, and that injured more than 30 people. It is likely that the Haqqani network will continue to view Kabul as a key target location due to the concentration of UK and western interests in the capital.

In conclusion, it is absolutely right that we add JUA and the Haqqani network to the list of proscribed organisations in schedule 2 to the Terrorism Act, subject to the agreement of the House and the other place. The order will come into force on Friday 27 March.

--- Later in debate ---

[James Brokenshire]

On social media, I underline the work of the counter-terrorism internet referral unit, which since February 2010 has secured the removal of more than 80,000 pieces of unlawful terrorist-related content that encourages or glorifies acts of terrorism. In the context of today’s debate, CTIRU has identified and secured the removal of nine Twitter accounts and one Facebook account relating to Jamaat-ul-Ahrar. The Haqqani network has no formal social media presence at present, but the CTIRU continues to monitor the situation.

The industry must ensure that the internet does not become a safe haven for terrorists and extremists. Communications service providers have a responsibility to prevent their networks from being used to recruit vulnerable people and plot attacks. That is why the Home Secretary attended the recent countering violent extremism summit in the United States—it was attended by representatives from more than 70 countries and large communications service providers—to emphasise the importance of the work we are doing and the fact that more needs to be done. That is precisely what this Government are committed to doing.

On enforcement, between 2001 and the end of March 2014, 33 people were charged with proscription offences as a primary offence in Great Britain and 16 have been convicted. Obviously, the ability exists to make arrests, and arrests are being made in relation to alleged proscription offences. That may lead to other charges relating to terrorism, and it is important that that is understood.

I welcome the House’s support for the proscription order under discussion. It is important that we are vigilant. The threat we face from terrorism is real and pervasive and it will continue. We have a generational struggle against ISIL and the ideology that underpins it. That is why this Government are committed to our continued security.

In my last speech of this Parliament, I know this House will want to join me in commending and sending a big thank you to the police, the security services and our intelligence agencies for their tireless work in keeping us safe and ensuring that that continues into the future.

Question put and agreed to.

Passport Office: Annual Report

James Brokenshire Excerpts

Tuesday 24th March 2015 Written Statements

[The Minister for Security and Immigration (James Brokenshire)]

The annual report and accounts for Her Majesty’s Passport Office has been laid before the House today.

On 26 September 2014, the Home Secretary announced that Her Majesty’s Passport Office would cease to operate as a separate agency and would be absorbed into the Home Office on 30 September. These accounts cover the period from 1 April to 30 September 2014 only.

Copies of the report are available from the Vote Office.

[HCWS470]

Counter-terrorism

James Brokenshire Excerpts

Tuesday 24th March 2015 Commons Chamber

[The Minister for Security and Immigration (James Brokenshire)]

I beg to move,

That the draft Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015, which were laid before this House on 12 March, be approved.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this we shall take the following motion:

That the Civil Procedure (Amendment) Rules 2015 (S.I., 2015, No. 406), dated 26 February 2015, a copy of which was laid before this House on 27 February, be approved.

[James Brokenshire]

This secondary legislation has been brought forward to implement measures in the Counter-Terrorism and Security Act 2015. The measures were debated by the House very recently and the primary legislation was enacted only on 12 February. During Parliament’s consideration of the legislation, there was widespread recognition of the threat from terrorism and broad support for the measures in the Bill. The instruments bring to life two of those important provisions. In passing the legislation in February, the House accepted the need for these measures.

I should inform the House that the Joint Committee on Statutory Instruments has considered both the instruments we are debating. I place on the record my appreciation for the forbearance that was shown by the Chair and members of the Committee in considering the instruments outside the normal time scales. The Committee cleared the Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015, but drew the attention of both Houses of Parliament to the Civil Procedure (Amendment) Rules 2015. I shall return to the issues that were highlighted by the Joint Committee later in my contribution.

It may help the House in its consideration of the instruments if I briefly outline what the Government seek to achieve by them and why we have brought them forward at this time. The regulations have been brought forward in respect of part 5 of the 2015 Act, which is concerned with reducing the risk of people being drawn into terrorism. During the recent debates on the primary legislation, there was a very informed debate on the duty that is imposed by section 26 of the Act, which is known as the Prevent duty. The regulations are crucial to the effective implementation of the new duty.

The purpose of the regulations is threefold. First, they amend schedules 6 and 7 to the 2015 Act to add Scottish bodies to the list of authorities that are subject to the Prevent duty and to those that are listed as partners to local authority panels, which are required to be in place by section 36. Those panels form part of the Channel programme—the deradicalisation programme—in England and Wales, and Prevent Professional Concerns in Scotland, which are programmes designed to provide support to those who are vulnerable to being drawn into terrorism.

Secondly, the regulations make a number of amendments to the Act that are consequential on adding those Scottish bodies. In particular they ensure that Scottish further and higher education institutions will have the same requirement to have particular regard to the need to ensure freedom of speech and the importance of academic freedom while complying with the Prevent duty as their counterparts in England and Wales. It has always been the Government’s intention that provisions in part 5 of the Act would apply to bodies in Scotland. We have consulted Scottish Ministers, and they are supportive of adding Scottish bodies to the duty.

Thirdly and finally, the regulations will bring into effect guidance issued under section 29(1) of the Act for specified authorities in carrying out the Prevent duty. The guidance sets out the detail of what that duty will mean in practice for authorities subject to it, and seeks to explain the steps that should be taken to best secure compliance.

The House will recall that the Government introduced an amendment to the Bill to ensure that the guidance will only take effect following Parliament’s approval. During the passage of the Bill, a formal public consultation on the draft guidance took place, and hon. Members will have read the summary of responses referenced in the explanatory memorandum. More than 1,700 responses were received during the consultation, and another 300 people were reached over the course of five events held in London, Manchester, Birmingham, Cardiff and Edinburgh. The responses enabled a thorough revision to take place, and the results of that revision are now before the House.

There are two versions of the guidance: one for authorities in England and Wales, and a separate one for authorities in Scotland. Following discussions with the Scottish Government, the Government decided that separate guidance that specifically addresses the particular circumstances of Scotland would be more helpful than trying to address those circumstances through one set of guidance. The Scottish guidance has also been subject to consultation through a targeted process undertaken by the Scottish Government.

Hon. Members will have noted that neither document addresses the issue of managing speakers and events in further and higher education institutions. How universities and colleges balance the Prevent duty with the need to secure freedom of speech and have regard to the importance of academic freedom is an extremely important issue that requires careful consideration. On account of that, the Government amended the legislation to ensure that institutions pay particular regard to the importance of academic freedom and freedom of speech when complying with the Prevent duty. As I made clear during the passage of the Bill, that freedom is important in challenging extremist views and providing almost an antidote to some of the extremism that might take place were it not for that challenge. We shall use the time before the duty commences to produce further guidance on managing speakers and events in further and higher education institutions, and it will be for the next Government to bring that to Parliament early in the next Session for the approval of both Houses.

[Sir William Cash (Stone) (Con)]

In the context of human rights legislation, and particularly the Human Rights Act 1998 and the charter of fundamental rights, which is increasingly being brought in by the European Court of Justice, does the Minister believe that these proposals, and many aspects of the Counter-Terrorism and Security Act 2015, will survive against those in the human rights lobby who are determined to put human rights ahead even of the prevention of terrorism?

[James Brokenshire]

Yes, I am confident of that. Obviously, we considered the implications of the Human Rights Act when the primary legislation was taken through this House. That does not necessarily mean that it will not be subject to legal challenge—we have legal challenge for all forms of legislation—but we are confident about the way the measure has been brought forward, and it touches on the competency of member states in national security issues. I recognise the long-standing and consistent approach that my hon. Friend has highlighted, and I am sure he will continue to highlight it to ensure that we get legislation in the right place and properly consider human rights challenges and other issues in that regard. I welcome his intervention.

As for the guidance itself, it is essential that it is accurate and workable for all institutions. It is not the Government’s intention that the duty in respect of higher education and further education institutions should commence for those sectors until guidance on speakers and events has been published. This, as I have explained, will of course be for the next Government to carry through.

It is important to take the opportunity to remind the House of the purpose of the new duty and its importance. The emergence of ISIL and the number of people—particularly vulnerable, young people—who have misguidedly travelled to Syria and Iraq present a heightened threat to our national security. The intelligence agencies tell us that the threat is now worse than at any time since 9/11. It is serious and it is growing. The threat has changed and so must our response.

As part of that response, we need to continue to combat the underlying ideology that feeds, supports and sanctions terrorism, and to prevent people from being drawn on to that path. The Prevent duty will ensure that such activity is consistent across the country and in all bodies whose staff work on the front line with those at risk from radicalisation.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Will the Minister place on record his support for the work being done by a group in my constituency to tackle the root causes and extremist ideologies that have been affecting people in Cardiff? They are doing fantastic work as part of the Movement for Change “Make a Choice, See a Change” campaign online and with their peers to combat ideology that may have affected some people in their community.

[James Brokenshire]

I commend the hon. Gentleman for highlighting the work of community groups in his constituency. Some incredible people and organisations are standing up against terrorism, highlighting the peaceful nature of the Islamic religion and challenging some of the ideological underpinning that has been perversely twisted by those who support ISIL and other terrorist and extremist organisations. It is the work of community, family and people in the locality and the neighbourhood that is making a real difference in standing together and confronting and combating pernicious ideology. This is a generational struggle. Bringing forward the guidance and the Prevent duty underlines the important responsibility we all have—government, community, family and individuals—to stand together to ensure that a clear and robust message is given. I know that good work is taking place in Cardiff and in many other parts of the country to do precisely that. I welcome the opportunity to put that on the record this afternoon.

I would like to turn now to the Civil Procedure (Amendment) Rules 2015. The Counter-Terrorism and Security Act 2015 introduced temporary exclusion orders, which enable the Secretary of State to disrupt and control the return to the UK of certain British citizens suspected of engaging in terrorism-related activity abroad. TEOs also enable the Secretary of State to impose certain requirements on individuals on their return to the UK.

The House will recall that the Government introduced two stages of judicial oversight of this power during the passage of the Bill. The first stage requires the Secretary of State to seek permission from the courts prior to imposing a TEO or, in exceptional circumstances, to seek such permission from the courts retrospectively. The second stage provides a statutory review mechanism to enable the TEO subject to challenge the imposition of the order and any obligations imposed on their return to the UK. That judicial oversight was introduced in response to concerns raised by right hon. and hon. Members on all sides of the House, and was welcomed during consideration of the amendments made in another place.

The Civil Procedure (Amendment) Rules 2015 are required to implement this judicial oversight in England and Wales. The instrument introduces the court rules for temporary exclusion order proceedings in the High Court and appeals to the Court of Appeal, which are essential to ensure we are able to operate the appropriate safeguards for this power. I have already mentioned that the Joint Committee on Statutory Instruments has reported this instrument and drawn it to the attention of the House.

The Government have acknowledged the issues raised by the Joint Committee and committed to updating the rules by an amending instrument as soon as practicable. That amending instrument will be made by the Civil Procedure Rule Committee, and I can assure the House that the process for doing so is already under way. However, as the Government made clear in their response to the Joint Committee, we do not consider that the drafting errors acknowledged render the rules invalid or inoperable. The court rules are required in order to implement the important judicial oversight of TEOs in England and Wales.

[Sir William Cash]

My hon. Friend can probably guess that I am about to ask a question similar to my last one about judicial oversight, the charter and human rights legislation. I am sure he recognises that there is a potentiality, if not a certainty, that these matters will be challenged, particularly the exclusion orders. Does he not think that there is still time to consider imposing a restriction on those who have repudiated allegiance to the UK to prevent their returning to the country?

[James Brokenshire]

My hon. Friend tempts me into a broader debate that extends beyond the statutory instruments and deals with preventing from returning to this country people who have engaged in activity contrary to the interests of this country. This issue was considered at length in this House and the other place, and it was determined that TEOs were the appropriate mechanism, considering our international obligations and the issues he highlighted of legal challenge and ensuring an effective mechanism. We judge that the TEOs provide this, but we recognise the potential for challenge. Indeed, we have built in an oversight process through the scrutiny of the judiciary.

I hope that I can assure my hon. Friend that the rules are based on those used for similar preventive measures, such as terrorism prevention and investigation measures, some asset-seizing legislation and closed material proceedings, and therefore are based on the experience and judicial oversight applied to those rules. I hope that gives him some assurance of the careful consideration we have given to the rules.

[Sir William Cash]

I raised this question precisely because of my concerns about how the judiciary is effectively subordinated to the European Court of Justice, which overrides not only our Supreme Court but this Parliament. On matters concerning TPIMs, control orders and the rest of it, the Minister knows that people who should never have been allowed out have continued their stay.

[James Brokenshire]

I can assure my hon. Friend that TPIMs are robust and that we have taken steps to ensure their legal compliance. That was considered when they were introduced and during the passage of the Terrorism Prevention and Investigation Measures Act 2011. I fear that I am straying from the statutory instruments, but I recognise his challenge and assure him that our consideration of the rules reflected our experience of similar orders and some of the operational legal practice that the rules intend to operate.

The regulations are needed to implement effectively the Prevent duty across England, Wales and Scotland, which ultimately will help the Government and law-enforcement agencies to keep the country safe from terrorism, and the court rules govern proceedings that are essential to ensure appropriate safeguards for the TEO. With those comments, I hope the House will be minded to support the instruments.

[Diana Johnson (Kingston upon Hull North) (Lab)]

I thank the Minister for introducing these regulations. It is important to understand the measures in the Counter-Terrorism and Security Bill and the implementation of the Prevent agenda in the context, I think, of some of the muddle the Government have created for themselves over the past five years. In 2010, they inherited 93 Prevent priority areas and in one year they cut them to 23. They then restored funding to seven areas, including Greenwich, to bring us back up to 30 priority areas. From next year, the Government will be increasing the number of priority areas to 50 and in their impact assessment on the Counter-Terrorism and Security Bill, the Government revealed that they expect this to rise to 90 areas over the next few years. In two years, then, we may be back where we started five years ago, but we have lost seven years thanks to the muddle coming from the Government.

That was not the only poor decision that the Government made, either. They reduced funding for Prevent from £17 million to £5.1 million a year, but not all of that £5.1 million was spent. In one year, just £1.6 million was spent and overall, since the Government re-launched the Prevent agenda, just 40% of the money allocated to local authorities was spent.

Prevent is meant to be a national and comprehensive strategy, yet last year just four areas delivered Prevent projects. We have seen particular failings from some Government Departments. The 2011 Prevent review identified the need to support schools in counter-radicalisation. The Department for Education committed to an 11-point plan, none of which seems to have been delivered.

The Home Secretary is threatening schools and universities with contempt of court proceedings if they do not implement the Prevent agenda, while I think the Government have serious questions to answer about their failures to deliver on their own commitments. Some of us believe that the Government need to get their own house in order before challenging other institutions and public bodies.

What is also a matter of real concern is that, overall, the Government appear to have little hard evidence about what Prevent work is going on or how effectively it has been delivered. We know that the Home Office’s chief economist refused to sign off the impact assessment to the Counter-Terrorism and Security Bill on that basis.

[James Brokenshire]

The hon. Lady made this point about the impact assessment the other day. Will she acknowledge that the matter to which she refers is in the regulations before us this afternoon and that there is also the Scottish duty? She has completely mischaracterised this point.

[Diana Johnson]

I know that when we discussed the primary legislation around the Counter-Terrorism and Security Bill, it was reported that the chief economist at the Home Office did say what I suggested, so the Minister has not refuted the statement I made. We now know from the Counter-Terrorism and Security Bill that there has been recognition that the Prevent agenda matters and needs to be supported.

Yesterday, of course, the Home Secretary went even further, talking about introducing a counter-extremism strategy, although I understand that such a strategy has not been published and there is not much detail about it. Today, however, the Home Secretary has made several claims. She first promised to work with communities in a way that different parts of different communities around the country have been requesting for some time. She promised that she would be very clear about distinguishing between Islam and Islamic extremism. All that is very welcome and, I have to say to the Minister, about time too.

The guidance in front of us does not, however, go as far as it should in meeting the pledges the Home Secretary made yesterday, but I do want to say some positive things about it. As the Minister knows, the original guidance was put out to consultation over the Christmas recess period, and I think improvements have been made to it. The document is less prescriptive throughout, so it can plausibly be said to be introducing the risk-based approach that the Government said they wanted from the outset. I welcome, too, the introduction of a clear set of commitments on what the Home Office will do to support the implementation of the Prevent agenda. This has been clearly lacking, I think, since the Prevent agenda was re-launched in 2011.

Let me briefly mention Scotland. It is good to see the inclusion of the Scottish organisations. I listened carefully to what the Minister said about the consultation with the Scottish Government and the inclusion of the various Scottish organisations, but I should like to ask him a question. There is separate guidance for the Scottish organisations, but I understand that it was not issued for full consultation. The Minister said earlier that there was a targeted process for the consultation. Will he explain what he meant by that?

[Diana Johnson]

During the Bill’s passage, as the hon. Gentleman will know, members of the Scottish National party made a great deal of fuss about the involvement of the Scottish Government in consultation about the public institutions in Scotland that would be affected by the Prevent agenda. I was pleased to hear the Minister refer to the level of consultation that had taken place with the Scottish Government. I may be presuming too much, but perhaps the absence of members of the Scottish National party this afternoon means that they are fully content with what is being proposed. Obviously we must wait and see, but there is no one here to put an alternative case.

Let me now deal with some of the areas in which the revisions of the guidance have not addressed some of the shortcomings that I considered to be present in the first draft of the document. I believe that they have been raised both here and in the other place, and also in the responses to the consultation. The Minister said that there had been more than 1,700 responses, which is a very large number.

The first of those areas is the definition of extremism, which remains unchanged in the guidance. It is still defined as, basically, “an opposition to British values”. The failure to define extremism is central to other problems that the Prevent agenda encounters, as was recognised in the 2011 Prevent review. Front-line professionals do not properly understand what extremism is. There is considerable evidence of that poor understanding. A survey conducted for the Department for Education in 2011 revealed that 70% of schools felt that they needed more training and information in order to build resilience to radicalisation. That was picked up repeatedly in the consultation responses, and it is also a clear issue in relation to the Prevent agenda. We know that only 20% of the people who have been referred to the Channel programme have been accepted. The overwhelming majority are incorrectly referred, because front-line professionals have misunderstood the nature of the issues involved.

It was a failure of the Government not to fulfil the commitments made in the 2011 Prevent review to improve front-line understanding of extremism, and it is disappointing that they are repeating their mistake by failing to include in the guidance either a detailed explanation of what constitutes extremism, or an explanation of how a risk assessment for extremism should be conducted. In Committee, I gave the analogy of child abuse: we will combat the issue only when we fully recognise it for what it is.

The failure to define extremism properly also means that the guidance fails to live up to the promise that the Home Secretary made yesterday to distinguish clearly between Islam and Islamic extremism. The definition of Islamic extremism is limited: an Islamic extremist is described as someone who is angry with the west and resents western intervention in wars in Muslim countries. The guidance talks of a “them and us” rhetoric. That ignores the fact that the majority of the victims of Islamic extremists are Muslims, and the fact that those who are most likely to encounter it in the United Kingdom are Muslims. There is still nothing in the guidance about intra-Islam sectarianism, such as involving Wahhabis, Salafists and those with other views that have been specifically connected to ISIL, in particular Salafism. There is no discussion of that important matter in the document. The Counter-Terrorism and Security Act 2015 was supposedly a response to that rising threat from ISIL-related terrorism. Does the Minister think more can be done in recognising that intra-Islamic sectarianism is not properly addressed in the guidance?

Those British people who have been leaving the UK to join ISIL are not generally joining a war against the west. They are joining a war against other Muslims, mainly Shi’as. This document should recognise the changing nature of this threat, and the need to recognise the degree of sectarian division related to groups such as ISIL within the UK.

In addition to this thematic problem within the guidance, I want to highlight some of the practical issues. The consultation highlighted confusion over what exactly was expected of non-Prevent-priority local authorities. Given that the Government seemed to be confused about exactly what a Prevent-priority area is, I am not terribly surprised that this is not addressed properly in the revised guidance. There is existing confusion about the role of central Government and the division of responsibilities within central Government. For example, how exactly is the burden of oversight shared between the body specifically charged with inspection of implementation—for example, Ofsted for schools—the Government Department with responsibility for that public body, for example the Department for Education, and the Home Office? What about the role of Departments, such as the Departments for Business, Innovation and Skills and for Communities and Local Government, in sharing good practice?

Several different bodies raised concerns about this in the consultation. It will be helpful if the Government publish a clear strategy as to how they will help promote best practice in relation to Prevent. Some of the obligations on certain bodies are unclear. Neither the guidance, nor the Minister in the other place yesterday, have been clear as to exactly what is expected of a nursery or childminder in terms of their responsibilities under Prevent. So I ask the Minister again today to set out exactly what this guidance means in practice for a childminder.

An issue raised in the consultation, which I also raised during the passage of the 2015 Act, was why the only NHS bodies to be included in the guidance are hospital trusts and foundation trusts. Under the Health and Social Care Act 2012 many more services are now going out to the private sector. Are those private companies going to be covered by the obligations under Prevent? Why are clinical commissioning groups and other commissioning bodies not included? General practitioners at the front line may come across people who are vulnerable and who may perhaps have mental health issues; should GPs also be under some of the Prevent duties set out in the guidance, and if not, why not? On the health and wellbeing boards that the Government established, I assume that because they are part of a local authority, they also have a Prevent duty.

On the provisions for universities, I am glad the guidance is less prescriptive than before. The new guidance has dropped the requirement that all academic presentations have to be submitted and vetted two weeks in advance, which was both absurd and unworkable. However, it is bizarre that the third paragraph of the guidance relating to universities states that further guidance will be issued to cover extremist speakers on campuses. As the Minister will be aware, that was one the most contentious issues. Yesterday the Minister in the other place did not seem to be able to explain why this was or how the issuing of updated guidance would work. I heard what the Minister said about the new guidance being a matter for the next Government, but I wonder whether he can answer the following questions. First, does he think the requirement for all speeches and presentations to be submitted two weeks in advance will be included in the new guidance?

Secondly, can the Minister explain how the external speakers guidance will be implemented? Will it require a separate statutory instrument and, therefore, approval by Parliament? Will the rest of the document have different implementation guidance from the external speakers guidance? Will there be a separate consultation?

[James Brokenshire]

I can answer the hon. Lady directly. Our contemplation is that there would need to be updated guidance and that a separate statutory instrument would therefore need to be approved by the House after the general election.

[Diana Johnson]

That is very helpful, and I thank the Minister for his straightforward response.

Yesterday, the Home Secretary announced that compliance with the Prevent agenda would be a requirement for universities in order that they may sponsor international student visas. Will the Minister explain whether this is Government policy that will actually happen, or whether it is a Conservative party pledge for the election? I am drawing this distinction because I understand that the coalition Government are not speaking with one voice on counter-terrorism issues these days, and I want to be clear about whether that is Government policy or not.

--- Later in debate ---

[James Brokenshire]

I am grateful for the contributions this afternoon and the broad support for the two orders that we have been discussing. A number of the contributions strayed into the broader principles and issues surrounding counter-terrorism. I shall not detain the House by repeating a Second Reading debate on the Counter-Terrorism and Security Act 2015, but some important points were raised and I wish to challenge some of the underlying assumptions.

For example, in respect of Prevent and the Prevent duty that this guidance refers to, the hon. Member for Kingston upon Hull North (Diana Johnson) made a number of assertions about the actions of this Government, and those assertions should be challenged. She asserted that there had been some muddle. The only muddle was the thinking of the Labour Government in their delivery of Prevent, and the fact that they conflated work on integration with combating terrorism activity, which stood in the way of doing that work effectively. That is why this Government were right to make a clear separation between the two parts of the work to ensure that they were effective.

The hon. Lady made various assertions about the activity that had taken place. Perhaps I can give her some figures, rather than the ones that she cited. I do not know where she got them from and I certainly do not recognise them. We have delivered more than 180 projects since 2011 under Prevent. The programme has reached more than 55,000 people. This year we are supporting more than 80 projects. We have provided a focus that did not exist under the Labour Government and, to judge from the shadow Minister’s comments, would not exist under Labour now. It has been useful to tease that out in the course of the debate.

I heard the point highlighted by my hon. Friend the Member for Stone (Sir William Cash) in relation to freedom, liberty and security, a subject to which he has rightly returned on a number of occasions. He spoke about the issue of human rights and how that may impact on the court rules and the orders before us this afternoon. As the lead Minister who was responsible for the successful deportation of Abu Qatada from this country, I well understand the challenges posed by human rights issues in the context of the Government’s actions in seeking to uphold security and the best interests of this country. Yes, I think more does need to be done, but I shall not stray into a broader debate on the need for a British Bill of Rights. Ultimately, liberty and freedom should reinforce and be reinforced by security. I do not see that as an either/or. They should be two sides of the same coin and support each other. This is no doubt an issue that will be returned to in the next Parliament, continuing the debate that took place in this one.

The hon. Lady referred to the impact assessment and the report that she read in the newspapers. Perhaps I may comment on that. The impact assessment looked at the impact of the specific statutory instrument before the House this afternoon, particularly the impact of adding Scottish authorities to schedules 6 and 7. Neither the impact assessment nor the chief economist’s statement were concerned with the Prevent strategy as a whole or the Prevent duty outside Scotland. I hope that clarification is helpful.

The hon. Lady also talked about changes in Prevent priority areas. Our approach is informed by the changing threat picture and by the advice we receive from the joint terrorism analysis centre. It is in that context that we set priorities, and it is right that we keep these things under review. It is not a question of going back to the past, as she wrongly asserts; it is about the here and now, meeting the challenges and threats we face as a country and protecting those things that we hold dear, and that is the Government’s priority. I am sorry that the hon. Lady has failed to understand the issues at hand. That underlines again why Labour is simply not competent to deal with these issues.

As I have said before, the question of how universities and colleges balance the Prevent duty with the need to secure freedom of speech and have regard to the importance of academic freedom is extremely important. The Government take that extremely seriously, which is why we amended the legislation to ensure that institutions must have particular regard to the importance of academic freedom and freedom of speech when complying with the duty—the point made by the hon. Member for Sheffield Central (Paul Blomfield).

I reiterate that the Government are clear that universities represent one of our most important arenas for challenging extremist views and ideologies, but there is a risk that some people might use higher education institutions as a platform for drawing people into terrorism. We will use the time before the duty commences to produce further guidance on managing speakers and events in further and higher education institutions. It will be for the next Government to bring that guidance to the House early in the next Parliament for approval by both Houses, as I have indicated. I think it is important that there is a good understanding of the full guidance and how it relates in that manner.

[Stephen Doughty]

The Minister will be aware that I have previously raised concerns about that with him and with other Ministers. Given the context of devolution, particularly in the universities sector but also in education more generally, is it not absolutely vital that there are regular, proactive discussions between universities and Education Ministers across the United Kingdom, and will he ensure that in future there is Cabinet Office guidance on how often those matters should be discussed among Ministers across these islands?

[James Brokenshire]

The Prevent oversight board, which has an integral role in ensuring that the guidance before the House is properly recognised, has the ability to share good practice, and indeed the issues on adherence to it. That will provide a good mechanism for drawing Government together. It also needs to have good contact with the devolved Administrations. As the hon. Gentleman might know, I have already had discussions with the Welsh Government, and I certainly wish to see that continue in relation to the operation of the guidance. I also highlight the £40 million allocated for Prevent work in 2014-15 and the fact that the Prime Minister announced on 25 November that the additional £130 million that has been made available for increased counter-terrorism work will include additional funding for Prevent.

Schools and nurseries have a duty to care for their pupils and staff. The new duty will be seen in a similar way to their existing safeguarding responsibilities. The early years foundation stage framework makes it clear that providers must be alert to any safeguarding and child protection issues in a child’s life, either at home or elsewhere, so the work on the guidance supports and strengthens that. With regard to training, we have used Prevent to train literally tens of thousands of people to raise awareness of the need to adhere to an understanding of the issue, the threats and the risks within safeguarding, and that approach will certainly be extended further.

The hon. Member for Kingston upon Hull North asked whether we have covered all appropriate health bodies. The foundation trusts and NHS trusts identified are the most likely to have the most direct contact with people on the front line, with regard to their staff and the hospital settings. She referred to the issue of CCGs. We will certainly keep that under review in terms of extending the duty to other bodies, and I will have an open mind in adding it at that stage. However, a CCG is effectively a commissioning body rather than a body that delivers front-line services, and I hope that she understands that distinction.

[Diana Johnson]

GPs are very much in the front line and may well come across people who are very vulnerable, perhaps with mental health issues, for whom provision needs to be put in place under the Prevent duties that the other health bodies would have.

[James Brokenshire]

GPs are generally sole practitioners, or perhaps partnerships, rather than health bodies. We will continue to keep under review the sharing of the need to raise awareness of Prevent, which has already been rolled out to tens of thousands of front-line health professionals.

The hon. Lady highlighted sectarianism and the different natures of the threat that we face. Prevent and our Contest counter-terrorism strategy cover all forms of terrorism, as we have made clear on a number of occasions. I hope she understands that the guidance extends to all forms of terrorism, of whatever nature.

I welcome the broad support—despite some of the comments that have been made—for the two orders, and I hope that the House will approve them both. That will make a difference in the fight against terrorism. It will also underline this Government’s commitment to ensuring national security and the safety of the public. We have that at the heart of our work and will continue to do so.

Question put and agreed to.

Resolved,

That the draft Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015, which were laid before this House on 12 March, be approved.

Senior Courts of England and Wales

Resolved,

That the Civil Procedure (Amendment) Rules 2015 (S.I., 2015, No. 406), dated 26 February 2015, a copy of which was laid before this House on 27 February, be approved.—(James Brokenshire.)