Draft Extradition Act 2003 (Amendments to Designations) Order 2020

James Brokenshire Excerpts

Monday 2nd March 2020 General Committees

[The Chair]

I call the Minister, and I wish Members a happy St David’s day for yesterday.

[The Minister for Security (James Brokenshire)]

I beg to move,

That the Committee has considered the draft Extradition Act 2003 (Amendments to Designations) Order 2020.

Thank you, Mr Davies, and a happy St David’s day for yesterday to you too. It is a pleasure to serve under your chairmanship and to move the draft order. The order is required for the UK to fulfil its obligations under bilateral extradition treaties with Kuwait and Morocco and an extradition agreement between the European Union, Norway and Iceland, to which the UK is party during the transition period. I shall explain in a little more detail why the changes are being brought in at this time and the effect that they will have on our extradition arrangements.

First, the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 will replace the current designation of Norway and Iceland as part 2 territories based on the European convention on extradition. It will make clear that Norway and Iceland will become territories designated under part 1 of the Extradition Act 2003, based on the surrender agreement between the EU, Norway and Iceland, which entered into force on 1 November 2019. The agreement facilitates the exchange of warrants between judicial authorities, which are executed through a simplified system based on judicial decisions. Norway and Iceland will therefore be treated in a similar way to EU countries for the purposes of extradition. However, there are some differences—notably, parties can refuse to extradite their own nationals and can refuse extradition on the basis that the offence concerned is political. The agreement also allows parties to require that the relevant offence is an offence in both the requesting and the requested country—a rule known as dual criminality.

As the Committee is aware, during the transition period, the EU justice and home affairs tools that the UK has opted into, including this agreement, will continue to apply. The legislation will ensure that there is no disparity between our international obligations and domestic law, which could result in legal uncertainty and impunity for wanted fugitives.

The second part of the order will implement the extradition treaties concluded between the UK and Morocco in 2013 and the UK and Kuwait in 2016. The designation of these countries under part 2 of the 2003 Act will allow the UK to process extradition requests from Kuwait and Morocco in line with the obligations in the treaties. Both treaties set out a timeframe in which a full extradition request must be provided to the UK by Kuwait and Morocco when an individual has been arrested on a provisional arrest warrant.

The order therefore ensures that that is reflected in our legislation, by setting out that, in the case of Kuwait and Morocco, the judge must receive the papers within 65 days of the person’s provisional arrest, in line with standard practice. That will allow for the countries to provide the request to the Secretary of State within 60 days, as the treaty provides for, and for the Secretary of State to have five days to certify the request and send it to the appropriate judge. Once the designations have been made, the Kuwait and Morocco treaties will be ratified. Morocco and Kuwait are both important partners for the UK, and the treaties will enhance our ability to work in close co-operation with both on important issues.

The introduction of the formal bilateral basis for extradition for conduct covered by the treaties will lead to a more efficient and effective process for extradition between the UK and respective countries. I urge the Committee to consider favourably the amendments made by the statutory instrument, to ensure that the United Kingdom can comply with its obligations under the relevant international extradition arrangements.

When considering any request for extradition, our arrangements are balanced by provisions in the 2003 Act, which serve to protect an individual’s rights where extradition is not compatible with our law. We must remember that extradition is a valuable tool in combating cross-border crime. Offenders should not be able to escape justice simply by crossing international borders; no one should be beyond the reach of the law. Having efficient extradition arrangements that are clear and effective is vital for safeguarding our security and preventing fugitives from escaping justice. I commend the order to the Committee.

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[James Brokenshire]

I will respond briefly to the points that have been made. Equally, I welcome the support for the order.

The hon. Member for Torfaen raised the issue of our future relations in discussions regarding the position post-transition. Equally, he made reference to the negotiating mandate that has recently been published. I stress to the Committee that the safety and security of our citizens is the Government’s top priority, and we stand ready to discuss an agreement on law enforcement and criminal justice co-operation in criminal matters. That agreement should equip our operational partners—the police and other law enforcement agencies—on both sides with the capabilities that help to protect citizens and bring criminals to justice, promoting the security of all our citizens. The hon. Member made reference to the negotiating mandate. That does underline that, although we do not intend to participate in the European arrest warrant, the agreement should provide for fast-track extradition arrangements with appropriate further safeguards for individuals.

The hon. Member asked what precedents we can point to. The order indicates that it is possible to create fast-track arrangements in the way that Norway and Iceland have. We go into these discussions in an even-minded fashion, as a shared endeavour and with a shared desire to have a system that works well, but, clearly, with the issues that we have set out in the negotiating mandate.

[Nick Thomas-Symonds]

What does the Minister believe is defective about the European arrest warrant arrangement?

[James Brokenshire]

It is important to understand that we will be in a fundamentally different relationship with the European Union, and that is the approach to the negotiations that we rightly take. We are seeking to enshrine further important safeguards in our extradition arrangements, including the ability for a judge in the UK to dismiss a warrant from an EU member state on the basis of proportionality, for example, or if there has not yet been a decision to charge and try the wanted person.

Judges will also be required to establish that the offence is also an offence in the UK—that is, the dual criminality issue. The order refers to Norway and Iceland having negotiated those arrangements with the EU, which underlines that doing so is entirely possible and practical. Indeed, on the issue of the EU court, Norway and Iceland have sought to manage that and to find a resolution in terms of dealing with disputes that does not take that into account. Therefore, the order practically underlines the way in which we should be positive about what can be secured through these negotiations.

The hon. Member has rightly highlighted concerns about human rights—an issue that he raised specifically in relation to Kuwait. I can categorically confirm the opposition of the UK to the death penalty in all circumstances as a matter of principle. The death penalty undermines human dignity, and any miscarriages of justice are, by their nature, irreparable. The Extradition Act is clear: an individual cannot be extradited if

“he could be, will be or has been sentenced to death”.

It is important to underline that. The hon. Member may know that, under the category 2 process, which Kuwait and Morocco would fall within, there has to be satisfaction in relation to that point. If the individual

“could be, will be or has been sentenced to death”,

that bar clearly exists, unless there is an “adequate” assurance that

“a sentence of death—(a) will not be imposed, or (b) will not be carried out”.

That is understood in how this issue is approached.

To highlight some broader human rights issues, I reassure the Committee that, although this is not linked explicitly to the treaty, we have a regular dialogue with Kuwait, including about fair, open and transparent systems and the rule of law. Those are things that we in this country hold dear, and we will continue to underline their significance to our friends, allies and partners. Our ambassador and our Ministers regularly raise the issue of human rights with their Kuwaiti counterparts.

[Nick Thomas-Symonds]

On the subject of the Government’s commitment to human rights, can the Minister confirm that it is the Government’s policy to remain signatories to the European convention on human rights?

[James Brokenshire]

It is beyond a certainty that we are members of the European convention on human rights, which is a separate legal jurisdiction. Sometimes people conflate what is EU law and what is ECHR law, but, obviously, while we leave the European Union, we firmly remain subject to the jurisdiction of the European Court of Human Rights.

With those assurances, I will draw my comments to a close and seek the Committee’s approval for the order.

Question put and agreed to.

Prevention and Suppression of Terrorism

James Brokenshire Excerpts

Wednesday 26th February 2020 Commons Chamber

[The Minister of State, Home Department (James Brokenshire)]

I beg to move,

That the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2020, which was laid before this House on 24 February, be approved.

The people of the United Kingdom continue to live under the threat of terrorist violence. None of us has forgotten the terrible tragedy at London Bridge last November or the attack in Streatham less than four weeks ago. I would like once again to pay tribute to the police, emergency services and members of the public, whose swift action and selfless bravery prevented further loss of life. Those are only the most recent incidents in a string of attacks that have repeatedly shocked the country in recent years, but the fortitude of the British people and their refusal to be cowed or intimidated has made it clear to those responsible that they can never win.

The most recent attackers in this country had been radicalised and motivated by a dangerous perversion of the Islamic faith, but as the appalling murder of nine innocent people in the German city of Hanau has shown, no ideology has a monopoly on hatred. The visceral racism of the extreme right is just as likely to inspire terrorism as any religious fanaticism. We have a duty to our allies, as well as to our own people, to tackle those groups that inspire and co-ordinate international terror.

Some 75 international terrorist organisations are currently proscribed under the Terrorism Act 2000. Thanks to our security and intelligence services, most of those groups have never carried out a successful attack on UK soil. Proscription is a vital tool to disrupt terrorist networks and bring those who support them to justice. Once proscribed, an organisation is outlawed and unable to operate in the UK. It becomes a criminal offence to be a member, to support them or to encourage the support of others. Proscription makes it harder for banned groups to fundraise and recruit members. Their assets can become subject to seizure as terrorist property, and those linked to them may be excluded from the UK using immigration powers.

Today’s order makes certain changes to the list of proscribed groups under the Terrorism Act 2000. First, it adds a new group, Sonnenkrieg Division or SKD. This is a white supremacist group formed in March 2018 as a splinter group of System Resistance Network, itself an alias of the proscribed group National Action. Members of SKD were convicted of encouraging terrorism and possession of documents useful to a terrorist in June 2019. The group has encouraged and glorified acts of terrorism via its online posts and images. It has also issued home-made propaganda using Nazi imagery, calling for attacks on minorities. The images can reasonably be taken as implying that these acts should be emulated, and therefore amount to the unlawful glorification of terrorism. SKD is the second right-wing group to be proscribed in the United Kingdom.

This order also seeks to add two more names to the list, as aliases of the PKK, an armed separatist group that advocates an independent Kurdish state in south- east Turkey. The TAK—from the Kurdish for Kurdistan Freedom Hawks—has been proscribed as a terrorist organisation in its own right since July 2006. Although it presents itself as a breakaway faction of the PKK, the Government now understand it to be an alias of that group. The same goes for the HPG, another PKK alias that is not currently recognised as such in the UK. Amending the PKK listing to include both TAK and HPG as its aliases will send a clear message that the UK recognises the ongoing threat that the PKK poses, and that we will never be a haven for international terrorism.

By way of separate order under the negative resolution procedure, we have also updated the Act to include System Resistance Network or SRN as an alias of the proscribed group National Action. National Action is a neo-Nazi group that was established in 2013. It has a number of branches across the UK that conduct provocative street demonstrations and stunts aimed at intimidating minority communities. Its activities and propaganda materials are particularly aimed at recruiting and indoctrinating young people. The group is virulently racist, antisemitic and homophobic. Its ideology promotes the idea that Britain will inevitably see a violent race war, of which the group claims it will be an active part. The group rejects democracy, is hostile to the British state and seeks to divide society.

In 2016, National Action was assessed to be concerned in terrorism, and became the first right-wing terrorist group to be proscribed in the UK. The group’s online propaganda material, disseminated via social media, frequently features extremely violent imagery and language. National Action also promoted and encouraged acts of terrorism following the tragic murder of our colleague Jo Cox, condoning and glorifying those who have used extreme violence for political or ideological ends.

It is right that we take the threat of the extreme far right seriously. That is why the 2011 Prevent strategy explicitly discusses the threat of extreme right-wing terrorism and our 2015 counter-extremism strategy sets out how we will challenge extremism in all its forms, including from far-right racist beliefs. Since the proscription of National Action and its aliases, 27 individuals have been arrested on suspicion of being a member of the group, 15 of whom have been charged with terrorism offences. Since March 2017, our security and intelligence services have disrupted no fewer than eight major right-wing terrorist plots and our Channel programme seeks to safeguard people who are vulnerable to radicalisation from the far right. Of the 561 individuals who were adopted to a local Channel panel last year, 45% were referred for concerns related to right-wing terrorism. Of course, our police forces are making full use of public order powers to disrupt far-right demonstrations and organised intimidations.

The proscriptions that have been laid before the House are a key part of our strategy. Terrorist organisations are seeking to change their names, hiding behind aliases to avoid detection and prosecution. They seek to circumvent our robust anti-terror laws so that they can continue to spread hatred and inspire violence. It is vital that the Government’s counter-extremism strategy challenges extremism in all its forms—violent and non-violent, Islamist and neo-Nazi—and it does, and will continue to do so. We will not tolerate any groups who spread hate by demonising those of other faiths or ethnicities, and who deliberately raise community fears and tensions by bringing disorder and violence to our communities. As the threat posed by these groups continues to evolve, so will our response to them. These proscriptions are part of that evolution, and I urge hon. and right hon. Members on both sides of the House to join me in supporting them today.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

First, I thank the Minister for bringing this order to the House, which is really important. There is rightly a focus on ISIS terrorism here in the United Kingdom, on the mainland, but there is also a rise in right-wing terrorism. He mentioned the attacks in Germany, but here on the UK mainland, there are indications of a rise in right-wing extremism. These groups may masquerade as different organisations and try to transform or transmute into something else, and the proscription of the SKD is very important. Has the Minister, or perhaps the Minister for Crime and Policing, had an opportunity to have talks with the Police Service of Northern Ireland? It is a yes/no question; we do not need the detail.

[James Brokenshire]

I look forward to maintaining the contact with the PSNI that I enjoyed while holding other responsibilities, and I know the importance of focusing on security in Northern Ireland. Equally, I will take this opportunity to underline, in relation to the prevention work for those involved in terrorism, that we are committed to the independent review of Prevent, and this important work will go ahead. We will be running a full and open recruitment process to appoint the next reviewer, and further details will be announced shortly.

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[Jim Shannon]

Yes, I wholeheartedly agree. I think there probably is a method in place for doing that already. I believe there is—I know it is done in different ways in this House and outside this House—and I know that the Minister’s role as a former Secretary of State for Northern Ireland gives him a real insight into what happens in Northern Ireland.

I wanted to ask that question because my understanding is that there is a growth in right-wing extremism in the Province, probably masquerading under the proscribed organisations already there. I know it is very important, so could I, for the record, gently refer to the IRA dissident threat? It is still very clearly there for police officers and prison officers, with booby-traps under their cars. A large bomb, destined for the Larne ferry, was found and thwarted by the police and intelligence officers—and a real biggie that would have been for the IRA. Again, however, it shows that police forces are on top of that. It is very clear to me that this is a salient reminder that IRA terrorists and IRA dissidents in particular are just as dangerous in the United Kingdom, as indeed are ISIS terrorists.

The Minister referred to going for the assets. I welcome his comment, but could we have a bit more detail, if possible, for the record? It is so important that the assets of such organisations are targeted and focused on in order to take away the money and the opportunity that they quite clearly have. In Northern Ireland, paramilitary groups are involved in drug dealing, trafficking, protection rackets and all of those things. Again, I understand that the close contacts between paramilitary and right-wing organisations in Northern Ireland and those on the mainland involve all the spheres of fundraising that they are trying to use.

[James Brokenshire]

I can absolutely give the hon. Gentleman reassurance on the issue of tracking terrorists’ finance and assets. Proscription actually aids this, which is why we have brought this order before the House today.

I just want to assure the hon. Member for Feltham and Heston (Seema Malhotra) that my door is open to all Members across the House on issues relating to how we can brief and give updates. I very much remain open to all colleagues who wish to come and talk to me and, if they have concerns, to draw them to my attention.

[Jim Shannon]

Again, I thank the Minister for the confirmation he has given.

I have one wee thing to say on the assets issue. Very often, paramilitary groups or criminal groups turn some of their ill-gotten gains and money into businesses that are legitimate, and they may even pay tax. However, the issue of the moneys to create those assets and those money-making opportunities needs to be addressed. For a company taking on the assets, if we destroy the money-making capabilities, we destroy the organisation that is trying to succeed.

I want to raise a last point with the Minister in relation to the contact he has very clearly said he has with the PSNI. May I ask what contact there has been with the Garda Síochána? I am ever mindful that the person in charge down there is a former police officer from the PSNI, with a good pedigree, and I think the relationship should be strong. Again, would the Minister confirm that that is the situation?

[James Brokenshire]

Briefly, I can assure the hon. Gentleman that we maintain very close contacts with a number of our security partners. Obviously, as he will understand, I will not go that in any detail, but I do recognise the point he makes.

[Jim Shannon]

I really welcome what the Minister has put forward tonight, and I am reassured by what he has said. For us back home in Northern Ireland, including in my constituency, and all the other people across the world who wish to build a future that is free of terrorism, the comments the Minister has made are reassuring. They reassure me personally, and I hope they reassure my constituents as well.

Question put and agreed to.

Kerslake Arena Attack Review

James Brokenshire Excerpts

Wednesday 28th March 2018 Commons Chamber

[Mr Wallace]

I am grateful to the hon. Member for Manchester Central (Lucy Powell) for raising this important topic and giving Members on both sides of the House this opportunity to examine Lord Kerslake’s findings. Operation Plato is effectively the definition of the type of incident that we saw on that terrible night, and I understand her concern about whether it was followed too rigidly. Operation Plato is predominantly a response to a marauding terrorist firearms attack, but it has never been solely and uniquely about that; it has also covered broader areas. It has always been about using pragmatism in responding, but unfortunately, on that night, one or two individuals were too rigid about the definition. We will of course look at that again. However, in the exercising and in the following events, such as London Bridge, which did not involve marauding terrorist firearms, Plato was still called. Furthermore, many Members will remember that Westminster Bridge was also a Plato call, even though no firearms were involved. So part of this is about the ability of leaders on the ground to take a pragmatic view and, as Lord Kerslake spotted in his report, many of the leaders on the night did the right things and made sure that they addressed the issues as they came about.

On the issue of Vodafone, following the publication of the report I have asked for a full understanding of Vodafone’s responses and services. Before and after the event, the Vodafone contract has provided what has been required, but it failed on that night. The Home Secretary and others have sought direct assurances from the chief executive of Vodafone that it will take responsibility, and it has apologised. I have asked that, in future, Vodafone’s service is always exercised alongside the other services when we plan for these events.

On the subject of media intrusion, the hon. Lady is absolutely right. I find it odd that some of the media that are today discussing the weaknesses in the response are the very organisations that were hounding my constituents and those of other Members, sometimes at the very moment of their bereavement. They should reflect strongly on that, and I support the recommendation in Lord Kerslake’s report about what can be done to prevent that from happening again. It is simply unacceptable.

The hon. Lady raised the question of a victims’ fund. We had a request for £1.1 million for the We Love Manchester appeal, and the Government have put in £1 million. I have visited the victims’ liaison officer in Manchester about four times since the attack. Across all the attacks that we have unfortunately had in the past year, the response by Manchester to the victims—and the decision to have a much broader classification of who was a victim—has been second to none and should absolutely be commended. They are dealing with hundreds of people who have self-identified as being a victim either mentally or physically, and the work that they have put into liaising with them has been absolutely brilliant. That has been part of why the Government have helped to respond to Manchester’s central request.

I hear the hon. Lady’s call about the generality of a policy to recognise victims, and I shall take that away and reflect on it. I can assure her, however, that I know from talking to the Mayor of Manchester, to the police liaison and to her colleagues that we are very much involved in ensuring that the victims are central to all of this. I have a great deal of respect for the Mayor of Manchester, whose experience in representing victims across the board in this House is second to none. I am keen to learn from him, and I talk to him as much as I can. We are here to help with the victims.

A key issue is that the victims of this attack were, regrettably, spread far and wide across the north of England, and indeed the highlands of Scotland. One of the challenges has been that engaging mental health help has involved people not only in Manchester but throughout Lancashire and in the highlands and islands of Scotland. That has now been done successfully but perhaps not as quickly as it could have been. That is one of the lessons to be learned. We have also needed to raise awareness in the schools of the teenagers who were targeted, by getting further into the detail and getting headteachers to understand that some of their teenagers had been there that night. The incredible importance of Manchester and Liverpool in my region of the north-west is part of our culture, and what happens in Manchester and in Merseyside is felt in Lancashire. That is why we are determined to learn the lessons from Lord Kerslake’s report, and I am always happy to meet the hon. Lady and her colleagues from Manchester if any more help is required.

[James Brokenshire (Old Bexley and Sidcup) (Con)]

Lord Kerslake’s report makes several compelling and important recommendations after this appalling atrocity. My right hon. Friend will be aware of the joint emergency services interoperability programme, which is designed to bring together the work of our emergency services to deal with precisely these sorts of incidents. As part of his ongoing work, will he look at what lessons can be applied here and at how the JESIP principles can be extended, so that we can ensure that our blue-light emergency services are best able to work together and respond in a positive and effective way when dealing with such appalling events?

[Mr Wallace]

I pay respect to my right hon. Friend, a former Security Minister, who knows too well what goes on and the complexities for which we plan. One of the failings identified in the Kerslake report is that the national inter-agency liaison officer in this event was too much involved in command and control of the fire service, rather than providing advice to the fire service. When I look back over many other incidents, that officer has been there as an adviser, not a gold or silver commander at the time, and that is one of the lessons to be learned. It is important that we in the Home Office and those in fire authorities around the country consider how we are deploying that key individual to ensure that they are doing what they are supposed to, rather having lots of other responsibilities lumped on to them, meaning that we do not necessarily get the best results when they are tested in such environments.

EU Nationals in the UK

James Brokenshire Excerpts

Wednesday 6th July 2016 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

The Labour party has called for a debate on the status of EU nationals, following the EU referendum less than two weeks ago and the decision by the British people to leave the European Union. I echo some of the words used by the right hon. Member for Leigh (Andy Burnham), who opened the debate by underlining that EU nationals in this country are truly valued members of our community and welcome here—I think those were the words he used, and I wish to share them at the outset of this debate.

As the motion makes clear, approximately 3 million European Union nationals currently live in Britain. There can be no doubt that in this country EU nationals make an invaluable contribution to our economy, our society and our daily lives.

--- Later in debate ---

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

rose—

[James Brokenshire]

I would like to make progress and then I will give way.

Up and down the United Kingdom, people from European Union member states are caring for the elderly, tending the sick in hospitals, teaching our children, volunteering for our charities, setting up and working in businesses and providing important local services. There are nearly 250,000 EU workers in the public sector, and, as has been said, in September 2015, 9.4% of NHS doctors and 6.3% of NHS nurses in England were from an EU country. Almost 125,000 EU students study at UK universities. More than that, everyone in the House, and people up and down the country, will hold EU nationals dear as friends, family members and members of their communities. We all recognise the contribution made to this country by EU nationals, and they should be proud of that contribution.

[Several hon. Members rose—]

[James Brokenshire]

I am spoiled for choice, but I will give way to the hon. Member for Banff and Buchan (Dr Whiteford).

[Dr Eilidh Whiteford]

More than 4,000 EU nationals live in my constituency and do essential jobs in our NHS and our schools. They also work in our private sector and play a critical role in our fish processing sector. The Government’s failure to offer reassurance on the future status of those EU nationals is causing not only distress but huge economic uncertainty. Will the Minister take this opportunity to guarantee that those already living and working here will have the right to stay?

[James Brokenshire]

I will come on to the points that the hon. Lady raises, but I recognise the contribution that so many EU citizens make to many aspects of our life and economy, as well as the issues that she highlighted such as the fishing industry in Scotland.

[Mark Pritchard (The Wrekin) (Con)]

Do not the Government, Her Majesty’s loyal Opposition, the minority parties and particularly those listening to or reporting this debate have a responsibility at this time to realise that what we say and how we say it is vital? I welcome the fact that the Minister has not said that anybody needs to return home and that he has recognised the contribution made by EU citizens in the private and public sectors. I, for one, say that they are very welcome in Shropshire.

[James Brokenshire]

My hon. Friend is absolutely right to make that point about the contribution of EU nationals in his constituency. I will come on to make more points about the approach the Government are taking.

[Andrew Gwynne (Denton and Reddish) (Lab)]

The Minister will know there has been a huge increase in hate crimes, not just against EU nationals but against other foreign nationals in the UK, mainly as a result of the extreme views on the excesses of the political margins becoming regretfully more mainstream as a result of the fall-out from 23 June. Is not the right thing to do to quash this once and for all to say we will put the EU nationality issue to bed by saying these people are welcome in an open and fair United Kingdom?

[James Brokenshire]

I will go on to talk about some of the issues in our communities, but at this stage I want to give a very unequivocal message to those who perpetrate hate and division in our communities and in our societies: it is unacceptable that people should seek to cause division, to bully, to harass or to put graffiti on people’s walls as a consequence of their nationality. That is why the police have taken very firm action. That does not represent the country I believe in. The Government will continue to take firm action against anyone who has been involved in that sort of activity.

[Huw Merriman (Bexhill and Battle) (Con)]

In the week before the referendum vote, I spent time at 25 of my local schools. It was heartbreaking to hear the children saying, “Will my mum or my dad have to go back?” I never wanted this event to occur and I take it a little sorely from people on the other side of the camp who now proclaim the right to this. Will the Minister reaffirm the position of the Prime Minister and the Home Secretary, who have said there will be no immediate changes in the circumstances of European nationals currently residing in the UK? On that basis, nobody should be fearful right now.

[James Brokenshire]

My hon. Friend is right that there are no changes to the current situation. We remain a member state of the European Union. Therefore, those rights remain while we remain a member of the European Union.

Perhaps it will help the House if I respond very directly to the false claims that the Government in some way see EU citizens as bargaining chips. In the approach the Government take and the agreements we make, we will never treat EU citizens as pawns in some kind of cynical game of negotiation chess. That does not represent the values of this country or the values of the Government, which are to treat the people who come to this country with dignity and respect.

[Catherine West]

Will the Minister apologise for the Government being woefully inadequate and underprepared on this vital issue?

[James Brokenshire]

The Government are taking these issues into very careful consideration. I will come on to explain some of the challenges, some of the intricacies and some of the complexities that lie behind all this.

[Several hon. Members rose—]

[James Brokenshire]

If I may just make a little bit more progress, I will be generous with interventions, as I always am.

We will look to secure a fair deal for EU citizens, as we secure a fair deal for British citizens in the EU. That is the responsible approach, and that is what we will do. We want to be able to guarantee the legal status of EU nationals who are living in the UK and I am confident we will be able to do just that. We must also win the same rights for British nationals living in European countries and it will be an early objective for the Government to achieve those things together. As the Prime Minister and the Home Secretary have made clear and as I stated on Monday, there will in any event be no immediate changes in the circumstances of EU nationals in the UK. Currently, they can continue to enter and live in the UK as they have been doing.

[Andy Burnham]

I am struggling to follow the logic of the Minister’s position. He made a very angry statement a minute ago saying that they were not pawns, but he is saying explicitly that there is a negotiation here and that the Government will not make commitments to them until they have got commitments over there. That is precisely what they are. Why is he linking the two issues? Why does he not just say to people living here, working here and paying taxes here that they are welcome to stay, and deal with the British nationals issue another day?

[James Brokenshire]

As I said in response to the urgent question earlier this week, it is important to look at all these issues together. This is about ensuring that we look at these matters in this way. As I have said, I am confident that we will be able to work to secure and guarantee the legal status of EU nationals living here in conjunction with the rights of British citizens. It is important for the Government to fight for the rights of British citizens as well. I am genuinely surprised that the right hon. Gentleman is questioning that in some way. It is notable that his motion makes no reference to that at all.

It is important to put on record that those who have been continuously lawfully resident in the UK for five years qualify for permanent residence. It is an important point for those who have raised points about constituents and family members who have been in this country for a long time that those rights already exist, so they should have no fear about that. There is no current requirement for such people to apply for documentation from the Home Office to acquire this status.

[Mr Robin Walker (Worcester) (Con)]

I am grateful for my right hon. Friend’s efforts to fight for the interests of both UK citizens in the EU and EU citizens in the UK. I asked the Prime Minister a question about investment in this country. Two of the largest inward investors in my constituency, Yamazaki Mazak and Bosch, have asked me to push for the strongest possible negotiation on behalf of EU citizens already in this country being able to stay. Many of them, alongside thousands of local people, are their employees in Worcester. I am grateful for the Minister’s assurances, but I urge him to continue to make this the absolutely first task of our negotiations.

[James Brokenshire]

I can certainly give my hon. Friend precisely that reassurance. The Government fully appreciate the importance of giving certainty to EU citizens when the UK exits from the European Union. Addressing this issue is a priority that we intend to deal with as soon as possible. [Interruption.] Let me finish the point. As the Prime Minister has made clear, decisions on issues relating to the UK’s exit from the EU will need to be made by a new Prime Minister.

[Crispin Blunt (Reigate) (Con)]

I think this is the kernel of the problem. The Minister needs to reassure EU citizens in the United Kingdom long before the moment when we leave the European Union. The problem of linking the issue of British citizens in the EU is that a deal on our leaving the EU is unlikely until we actually leave it. Getting certainty about British citizens cannot be linked to the position of EU citizens. It is wrong in principle, and we would be much better off securing their position by making a generous statement of our position now. I understand that there are legal implications about EU citizens coming to the UK from now on, and perhaps that should be the issue to focus on and support the Minister to deal with in view of our understanding of the difficulties he faces. It is the link with British citizens that is causing him all these problems.

[James Brokenshire]

Is important for this Government to stand up for the rights of British citizens overseas. I am surprised if my hon. Friend is in some way questioning that. It is the Government’s responsibility to fight for the rights of British citizens. As I have indicated, the Prime Minister has stated that this will be a matter for the new Prime Minister, but it will be an urgent priority for all the reasons that right hon. and hon. Members have given.

[Margaret Ferrier]

The Minister is generous in allowing interventions. My constituent Mrs Pearson is a Maltese national who has lived in the UK for 42 years. She has built her life in Scotland and has contributed not only economically, but socially and culturally. Does the Minister not agree that it is absolutely absurd that my 78-year-old constituent has to live in worry when the Government could sort this out now, so that she and others from Malta could have indefinite leave to remain?

[James Brokenshire]

I hope that the hon. Lady noted what I said earlier about the right to permanent residence for those who have been here lawfully for five years. I made that point very carefully and very firmly, as I did in response to the urgent question, because people have raised concerns about the issue. I wanted to be very specific and very clear, to give precisely the sort of reassurance that the hon. Lady’s constituent needs, and I hope that what I have said has provided that reassurance.

[Jeremy Quin (Horsham) (Con)]

The Minister has referred to European students. I have been contacted by a constituent who is about to embark on a medical degree in the Netherlands. I think that this issue is a priority, and I hope that we shall soon be able to reassure students that they will be able to continue their degree courses.

[James Brokenshire]

The Department for Business, Innovation and Skills has been actively involved in reassuring students who are about to embark on their studies. I was intending to deal with that point later.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Will the Minister give way?

--- Later in debate ---

[James Brokenshire]

Of course I will give way to the hon. Lady. I will always be generous to her.

[Stella Creasy]

Is there not a cruel irony in what the Minister is saying? Many of those who fought for Britain to vote to leave the European Union did so on the basis of the concept that we would somehow retain sovereignty over our own decision making, yet at the very point when we could exercise that sovereignty—when we as a House could vote unconditionally to give the EU citizens who are currently in the United Kingdom security about their status here—the Minister is choosing to prevaricate and to link that to decisions in the European Union. If the House votes for the motion, will he not accept that it has made an unequivocal statement about the sovereignty of the UK Parliament, and will he therefore give those people the status that they deserve?

[James Brokenshire]

I reiterate that we will act fairly. It is important for us to take these steps with a cool head, in a calm way, to secure the best possible outcomes for EU citizens who are here, as well as for British citizens overseas.

Further considerations must be taken into account. As I said on Monday, it has been suggested by Members of Parliament and others—and it has been suggested again today—that the Government could fully guarantee EU nationals living in the UK the right to stay now, but where would the right hon. Member for Leigh draw the line? I think that he has drawn it in one place already by suggesting 23 June, but what about 24 June? What about the EU nationals who arrived later that week, or those who will arrive in the autumn to study at our world-class universities? Or should we draw the line in the future—for example, at the point at which article 50 is invoked, or when the exit negotiations conclude?

It must also be recognised that, as well as working to protect the rights of EU nationals in the UK, the Government have a duty to protect the rights of UK nationals who currently reside in countries throughout the EU. Just as EU nationals are making a tremendous contribution to life in the United Kingdom, UK nationals are contributing to the economies and societies of the countries that belong to the EU.

[Andy Burnham]

Surely 23 June was the moment when the position changed. Surely anyone who came here before that date came here in different circumstances. It is easy to trace everything to that day.

May I return the Minister to the issue of the link with British nationals? The Government have a responsibility to people who are living here today, are worried about their future, and are feeling insecure. Why is the Minister saying that people who have chosen, voluntarily, to make a life in another country are as important, if not more important, to the Government as those who are already here in our communities?

[James Brokenshire]

Do I understand that the right hon. Gentleman is suggesting that we should not be standing up for British citizens? They are British citizens, wherever they may be in the world. It is important for us to ensure that there are appropriate protections for British citizens, whether or not they are in the EU, and also for EU citizens who are here.

As for the timing issue, I repeat what I said about 24 June. We remain an EU member state until we leave, and we are therefore subject to all the existing EU laws and requirements in that regard. All I am saying to the right hon. Gentleman, very firmly, is that drawing up cut-off dates it not as straightforward as he is suggesting, because of the continuing rights that will exist in relation to EU citizens who have arrived since the referendum result, and the need to ensure that this issue is properly addressed.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Immigration Minister is right to say that we should be concerned about the interests of British ex-pats. Perhaps he can tell the House whether he has been in touch with the Spanish Interior Minister or other Ministers across the EU, or whether these are simply words and a delaying strategy. If he has been in touch with them, can he tell us whether any of those other Governments want to play a trading game with people’s lives and other people’s citizens, because I do not believe they do, and if they do not, why can he not just get on with this—listen to all Members in all parts of the House and give some guarantees now to the EU citizens who are settled here?

[James Brokenshire]

I understand the right hon. Lady’s point about certainty, and we want to give certainty at the earliest possible opportunity, but it is not as straightforward as she suggests for the reasons I have already mentioned. Of course conversations have taken place at different levels of government with other member states, and clearly we want to see that this certainty is provided for British citizens in EU member states as well as for EU citizens here. That is why I make the point about this being a priority. But we should not pretend that this is a straightforward task. There is a range of practical, financial and legal considerations. As part of this work, the Government will need to consider the range of circumstances of those who could enjoy these protections, and the form of the protections. For example, an EU student who has embarked on a higher education course might have differing requirements to an EU student who has just graduated from university and is looking for work.

This issue is not simply about the immigration status of an individual. Under free movement law, EU citizens’ rights are far broader than just the right to reside in the UK. There are employment rights, entitlements to benefits and pensions, rights of access to public services, and rights to run a business, which are so closely aligned with the right to provide cross-border services, as well as the ability to be joined by family members and extended family members, in some cases from countries outside the EU. Of course, under current arrangements these rights extend to European economic area and Swiss nationals, who are not in the EU. They all need to be considered, and we must remember that people do not have to register with the UK authorities to enjoy basic EU rights to reside. We will need to work out how we identify fairly and properly the people who are affected.

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

It is of course possible to make life exceedingly difficult, and that is what the Immigration Minister is trying to do. Will he listen to what my right hon. Friend the Member for Leigh (Andy Burnham) said, which was very straightforward: on EU citizens’ rights to residency, we acknowledge that whatever rights they had on 23 June they have now, end of story?

[James Brokenshire]

Obviously, I hear the desire for that simplicity, but it is not as straightforward as the right hon. Lady would like to present. She might reflect on some of the themes I have highlighted, because it is important that we get this right, not just for now, but for the years to come. It is about getting the right deal—the fairest deal—for those who are here, and that is what we remain committed to doing. There will need to be detailed and painstaking work examining each of these rights and the different circumstances in which people find themselves, to ensure that there are no unforeseen or unintended consequences. That work will be led by the Europe unit based at the Cabinet Office, which will work in close consultation with all Departments with an interest.

It is important for the House today to underline to EU nationals that they continue to be welcome in the UK. Alongside the statements made by the Prime Minister that there will be no immediate changes in the circumstances of EU nationals, the Department for Business, Innovation and Skills has published guidance for EU students to provide additional reassurance to those who are about to embark on a course.

[James Berry (Kingston and Surbiton) (Con)]

As a fellow London MP, I am sure my right hon. Friend has received many letters from EU migrants working hard, earning money and starting their lives here in this country, but also from former residents and the families of former residents who live abroad. Does he agree that this whole issue of EU migrants living here and Brits living abroad should be hived off from the main negotiations and dealt with first, and as a priority, between Heads of State now, because we must all have an interest in preserving the status of EU migrants here and Brits abroad?

[James Brokenshire]

As I think I indicated in response to other interventions, this is a priority for the Government and we recognise the issues that have been highlighted, fairly, by colleagues across the House. That is why, for the reasons given by my hon. Friend, the matter is being given emphasis and priority within the Government. Despite some across the House having sought, unfairly, to sow doubt and create uncertainty, people should take a message of reassurance from the contributions to the debate and our statements that the intent is to solve the issues quickly.

In recent days, we have seen some appalling hate crimes perpetrated against EU nationals and others living in the UK, including damage to a Polish community centre in Hammersmith, hateful leaflets targeted at children in Cambridgeshire and abuse hurled at people walking in the streets. The Metropolitan police has said that 67 hate crimes are being reported every day. Hate crime of any kind has absolutely no place in our society. We will not stand for these attacks, which should be investigated by the police.

[Andy Slaughter]

I thank the Minister for mentioning the extremely sobering attack in Hammersmith. We are waiting to hear whether, like the hon. Member for Uxbridge and South Ruislip (Boris Johnson), the Minister will support the motion tonight, but it does not sound like it. Indeed, it sounds rather as though he is under instructions not to, which it makes it doubly bad that his boss the Home Secretary is not here to answer for herself—he probably agrees with that.

On the point about community, I spoke on this issue to one of my constituency schools in the education centre. Many of the pupils’ parents were born outside the UK, and I saw real concern on their faces. That is what we are dealing with now and that is why we need an answer to the question today, not in two years’ time.

[James Brokenshire]

As I have already indicated, this is a clear priority in relation to agreements with our EU partners. It is absolutely right that we condemn the activities of anyone involved in such incidents in the hon. Gentleman’s constituency. Equally, and as I have said, there are no changes to existing EU rights while we remain a member of the EU. I believe that we will be successful in securing those rights and will seek to treat fairly the EU nationals who are here.

As I said, hate crime of any kind has absolutely no place in our society. We will not stand for these attacks, and they should be investigated by the police.

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

The Minister highlights hate crime and our responsibility to look after EU citizens who are here. Will he come and meet our constituents? A young French teacher in my constituency is living in fear and is alarmed about whether she will be allowed to stay here in the long term. Why do we not do the right thing collectively today and say that the people who are here are citizens of our country and deserve the full rights and support that we can give them? This is not about negotiating with Europe. Let us take that off the table and do the right thing for those who live in this country.

[James Brokenshire]

That is why, as I have said several times, we are working and will work to guarantee the rights of those who are here while also protecting the rights of British citizens. I remain confident that we will be able to do that, and people should therefore take a message of reassurance from this debate about the Government’s intention to act fairly and appropriately. Those are the values that I stand for and that is the approach that we will take.

[Mark Pritchard]

I welcome the reassurances that the Minister has given to the House today. From what we have heard, I think there is a misunderstanding about the status of EU nationals in the minds of some Members. If that is the case here, it is more likely—or as likely—to be the case outside. As a practical step, has the Home Office put something on its website to say what that status is now and will be in the future?

[James Brokenshire]

We are clear as to the existing rights of EU citizens, and I have made the point in relation to the five-year residency issues. I am also convening a meeting with ambassadors of EU member states to explain the steps that we are taking in response to threats to communities, and to underline some of the key messages I have given today so that they can reassure any of their citizens who contact them about this.

[Andy Burnham]

I am grateful to the right hon. Gentleman for giving way once again; he has been incredibly generous. I just want to clear one thing up before he concludes his remarks: how do the Government propose to vote on the motion? One might have the impression, having listened to him, that they are getting ready to vote against it, but it has been suggested that they might abstain. Let us be clear that if the Government abstain, the motion will be carried and the message will go out from this House tonight that people are welcome here and that they will be able to stay.

[James Brokenshire]

My concluding remarks might be helpful in responding to the right hon. Gentleman’s intervention.

As I said on Monday, EU nationals can have our full and unreserved reassurance that their right to enter, work, study and live in the UK remains unchanged. We value the tremendous contribution they make every day in towns, cities and villages up and down the country. We fully expect that the legal status of EU nationals living in the UK, and of UK nationals living in EU member states, will be properly protected. Given that both the UK and the EU want to maintain a close relationship, we are confident that we will work together and that both EU and British citizens will be protected through reciprocal arrangements. As part of the negotiations, we want to be able to conclude these matter as quickly as possible.

We therefore have great sympathy and alignment with the themes contained in the Opposition’s motion—I do not think that we are very far apart in that regard. However, as I have set out, any decision to pre-empt our future negotiations would risk undermining our ability to secure those arrangements and protect the interests of EU nationals and British nationals alike and to get the best outcomes for both. That is why we are unable to support the motion tonight.

[Several hon. Members rose—]

--- Later in debate ---

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

As I have done in previous debates on this issue, I declare an interest in that my husband is a German national who has lived here for 30 years and works in the NHS.

[James Brokenshire]

He can stay.

[Dr Whitford]

That is awfully good of the Minister. I will phone my husband and tell him.

We have already heard of very high-calibre people who are not coming to the UK because of this issue. I was at the graduation ceremony of the University of the West of Scotland last Friday. One of its senior lecturers was almost at the point of getting on the boat to come here, but because in less than two years he might have to move his family and children, sell the house and go back, he has decided that it is not worth it. However, we are focused not on what will happen to the people who are due to come—that will have to be looked at—but on the people who are already here. They are totally integral to our communities and our public services.

Obviously, my background is in the NHS. As we heard on Tuesday, 110,000 people from the EU work in our health and social care systems. About half of them are doctors and nurses, and half of them are careworkers. Although people, such as my husband, who have been here longer than five years and earn more than £35,000 will be able to stay, will that income limit apply to others? If it does, most nurses will not qualify and no careworkers will qualify. They will all have to go back, as will most ordinary teachers.

The Government need to think about that insecurity. The Government say, “Don’t worry about it. It might happen in two years.” Does the Minister really think that families sit there and say, “Don’t worry; I know we’re going towards a cliff edge, but we won’t fret about the house, the kids and the job until a month or so before it happens.” There is no reason to be so combative about this. The Minister talked about fighting for the rights of UK nationals, but it should not be a fight. If we set the example by treating EU nationals here properly and immediately giving them absolute right to remain, there will be a much greater likelihood of civilised talks and of UK nationals being well treated in the EU. If we go in saying, “You do that and we will do this,” we will set completely the wrong tone.

The Minister talked about the fact that people who have been here for more than five years can stay, but we have to look at their rights and benefits. Will this undermine the right to be treated in the NHS, the right to claim benefits if they cannot work and the pension rights of people who have, like my husband, been here for 30 years, even though they may be approaching pension age and can do nothing about the situation? Some EU nationals have been here for years and years, contributing to the country, and to undermine what they have done for us is absolutely despicable. The Minister says that he hopes to be able to reassure them and give them certainty. He could do so now. Just do it.

Asylum Seekers: Glasgow

James Brokenshire Excerpts

Tuesday 5th July 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

It is a pleasure to serve under your chairmanship, Mr Hollobone.

I congratulate the hon. Member for Glasgow South West (Chris Stephens) on securing the debate. I have met him to discuss specific concerns, and the invitation to do so again remains open to him. If he has received specific complaints or concerns from his constituents, or from charities or non-governmental organisations operating in Glasgow about standards of accommodation or related services, I certainly extend my offer for him to contact me and to raise any matters directly, as I have indicated.

I again underline my willingness to continue discussion and dialogue outside the debate this afternoon. If issues are being brought to his attention directly, I want to know whether individual cases are being raised in relation to property standards or otherwise, so that we can ensure that they are dealt with effectively and promptly, not just in terms of the contracting arrangements we have with Serco, but equally to enable asylum seekers using accommodation in Glasgow to be reassured about the seriousness that we attach to complaints when they are made.

May I make a general point about intimidation or hatred towards anyone as a consequence of their background, faith, colour or creed? I take a very uncompromising approach to that: it is utterly unacceptable. We are working with the police here and with Police Scotland to ensure that we have a clear understanding of incidents that may occur. Equally, we want to give a strong reassurance about the approach that this Government take, working with the devolved Administrations and in particular the Scottish Government, who have the devolved responsibility in relation to crime. All right hon. and hon. Members present in the debate would want to give the very strong response that, whatever our feelings about the result of the referendum, that does not provide any excuse, any succour or any opportunity at all to sow division or hatred in the United Kingdom or the countries that make up the UK. We all stand united in confronting and combating any of that, wherever it may occur.

[Chris Stephens]

I thank the Minister for those comments; I agree with him wholeheartedly. Is it the Government’s intention to meet organisations such as the Ethnic Minorities Law Centre in Glasgow, which represents EU nationals and asylum seekers? They are reporting to me, as a Glasgow MP, the fear that asylum seekers and EU nationals have. Given the message the Minister is sending, it would be very useful if the Government wrote to such organisations or met them. I hope he will consider that.

[James Brokenshire]

If the hon. Gentleman has details of groups or organisations that are making those representations to him, I will certainly be pleased to follow up on that. There are regular visits to Scotland by representatives of UK Visas and Immigration, which has the lead responsibility on these issues. I had officials there last week in relation to a number of these issues. However, if the hon. Gentleman is picking up specific concerns and if there are groups that he thinks there would be a shared value and benefit in meeting in order to understand those concerns and to telegraph the clear message that I hope I have given in this debate, I will of course be very willing and happy to follow up on that. I am grateful to him for his intervention in that regard.

I underline the fact that the UK has a proud history of operating an asylum system that looks after individuals seeking refuge from persecution and we are committed to providing safe and secure accommodation while asylum cases are considered. I am very grateful to the city of Glasgow for its participation in the asylum seeker dispersal scheme and for the support it has provided over many years to asylum seekers.

I welcome this debate. There have been a number of debates on issues relating to support for asylum seekers. As I have already said, I certainly want to continue the dialogue and ensure that we are getting feedback from colleagues as well as from non-governmental organisations and others that take an interest and are engaged in these matters.

For those asylum seekers who do not have independent means of support, the Government provide access to support services in accordance with the obligations of the 1951 United Nations convention relating to the status of refugees—the Geneva convention. The COMPASS contracts provide asylum seekers who claim to be destitute with full-board accommodation, in so-called initial accommodation, while their means are assessed, and then with accommodation throughout the United Kingdom—dispersed accommodation—and a small weekly allowance of £36.95 per person per week for food and other essential expenses while their asylum application is considered.

Our existing policy is aimed at ensuring an equitable distribution of asylum seekers and refugees across the country, so that no individual local authority bears a disproportionate share of the burden.

[Keith Vaz]

rose—

[James Brokenshire]

I will of course give way, but let me just finish this point. Historically, Glasgow has been the only local authority area in Scotland to take part in asylum seeker dispersal. However, we are working with COSLA—the Convention of Scottish local authorities—and local authorities in Scotland to encourage other areas to participate. Similarly, my officials are meeting and working with local authorities across the United Kingdom to broaden the number of areas in which supported asylum seekers will be accommodated. I now give way to the Chair of the Home Affairs Committee.

[Keith Vaz]

As the hon. Member for Glasgow South West (Chris Stephens) said, Glasgow is taking a very large proportion of the asylum seekers—I think it was top of the list for the entire United Kingdom that the Select Committee published in our last report. The Minister’s own local authority and other local authorities in the south of England are just not doing enough. I know that he is encouraging them, but why can they not do more to relieve the pressure on local authorities such as Glasgow?

[James Brokenshire]

As the right hon. Gentleman knows—he has questioned me on this issue in the Home Affairs Committee previously—we have a voluntary arrangement for dispersal in respect of asylum seekers. Yes, we are taking steps to encourage more local authorities to contribute and provide that support. It is important to see this in the context of both the really positive support that many local councils across the United Kingdom are providing for the Syrian vulnerable person resettlement scheme and the pressures on some local authorities in respect of asylum-seeking children. The right hon. Gentleman will also be aware of the separate dispersal arrangements that we announced last week in relation to that. Therefore, different councils are contributing in a number of different ways. It is important to recognise the different ways in which many local councils are providing support for refugees and asylum seekers, whether they be adults or children, with the different challenges that each group presents. It is important that we provide appropriate support for them.

In Scotland currently, the only dispersal area is Glasgow. The hon. Member for Glasgow South West recognises that, and we have had discussions about it previously. A meeting took place in February with other local authorities in Scotland to seek their consent to widen the dispersal of asylum seekers beyond Glasgow. Follow-up meetings have explored these issues further, but I certainly encourage the hon. Gentleman to continue to work with the Home Office and the Scottish Government to ensure that we are working together to encourage more local authorities in Scotland to recognise the need to extend that beyond Glasgow.

I pay tribute to the work that many local authorities are already doing in providing support for Syrians arriving under the vulnerable person resettlement scheme. In some ways, that is unlocking many more local authorities, which recognise the contribution they can make and the role they can play. That is a conversation that I am very keen to continue, to ensure that we are indeed looking at the particular concentrations in Glasgow and seeing how we can work together to extend dispersal into other parts of Scotland.

Accommodation standards were the core part of the hon. Gentleman’s contribution. The Home Office is working with its contractors to ensure that all the accommodation provided to asylum seekers is safe, habitable and fit for purpose and that asylum seekers are treated with dignity and respect, taking account of their vulnerability. We are also ensuring that the system is effective and efficient and provides value for money for the taxpayer. I am of course concerned about any allegations of substandard accommodation or misconduct or mistreatment of asylum seekers by our staff or the staff of any contractors. Such allegations are taken extremely seriously and investigated thoroughly.

The suppliers’ housing inspectors are required to visit each property at least once a month and when asylum seekers first arrive at, or depart from, a property. The Home Office also inspects properties and will inspect one third of the properties in the Scotland and Northern Ireland contract area over the course of this financial year. Where Home Office inspections find that accommodation does not conform to the required standards, contractors are provided strict time limits to remedy the defects.

I can assure the hon. Gentleman that the Home Office can, and does, impose penalties on any provider who fails to meet the terms of their contractual agreement. Between April 2015 and April 2016, four service credits were applied for accommodation standard issues in Glasgow. In those cases, the required improvements were made but not within the prescribed timescales; therefore service credits were applied.

The Home Office has improved its inspection regime over recent months not only to ensure that the accommodation standards are being complied with, but to ensure that asylum seekers have opportunities to raise any concerns they have or report any complaints that our providers have not resolved to their satisfaction. This was a core part of the review that we undertook to ensure that we were getting full feedback from service users and therefore not simply relying on providers to provide that feedback, and also to engage with NGOs and charities. That is something that I remain committed to doing to ensure that we get that further, full feedback.

[Chris Stephens]

I thank the Minister for giving way; he has been most generous and we may well get to 4.53 pm. In relation to inspections, one of the big concerns is that asylum seekers are unable to lock their own accommodation and have privacy issues. That is a key concern, so will the Minister look at that and also ensure that inspections are done in such a way that asylum seekers are not left frightened of seeing someone with a uniform, which will mean something different to them from what it would to us?

[James Brokenshire]

I am very happy to look into the issue that the hon. Gentleman has highlighted. If there are concerns about security, assurance or safety, those are of course the sorts of issues that I would want to know are being investigated, so that those in receipt of accommodation have confidence in their surroundings. Equally, I will certainly reflect upon his point about the manner in which investigations and inspections are conducted.

One of the points I was concerned to ensure we reflected upon properly was the manner in which inspections are conducted, so that service users can be confident that they can report problems to those who are inspecting without fearing some comeback to themselves and so that there is no barrier to that taking place. That is why I made the point about talking to NGOs and charities. Sometimes service users do not have that confidence, for whatever reason—whether that be from past experiences of contact with authority figures in their own countries that they have fled from—but if there are issues and they feel confident to be able to report them, we can get the appropriate feedback to understand whether issues are emerging. On that point, it is important to stress that the Home Office has established an advisory board with key NGO stakeholders to better capture the views and concerns of the asylum seekers we accommodate.

The hon. Gentleman raised the point about hotels as well. Under the COMPASS contracts, providers are able to use contingency accommodation to cope with high levels of demand. Again, I have made it clear to providers that this is only ever acceptable in exceptional circumstances and asylum seekers must be moved to appropriate longer-term accommodation as soon as possible. If there has been that accommodation in hotels in Scotland, it is possible that the movements he described may be to move asylum seekers to longer-term, more dispersed accommodation, which is obviously something I would want to see, in terms of overall stability for them. We have been working with the providers on that and have seen recent improvements.

[Chris Stephens]

Will the Minister look specifically at the issue in relation to women asylum seekers? I am thinking about asylum seekers who are unable to get what is known as an HC2 form for healthcare and getting access to a GP. This is a real issue for women asylum seekers, particularly those coming into the country fleeing sexual violence, for example. I would be obliged if the Minister looked specifically at that issue.

[James Brokenshire]

If there are some further specifics, I would be grateful if the hon. Gentleman wrote to me or provided the details. I was aware that towards the end of 2015 there were some temporary issues with attendance at NHS appointments, following the closure of the initial accommodation block and an increase in the number of service users. My understanding was that these issues had been addressed and all asylum seekers are triaged by the NHS for health screening when they arrive, but if there are emerging issues or if there is a specific point about the form that he highlighted, I would be very pleased to look into that for him.

[Keith Vaz]

I am grateful to the Minister for giving way a second time; he is always generous in these debates in taking interventions. Taking him back to his point about hotels, of course they sometimes have to be used in emergency situations. Does he agree that it is preferable in those circumstances that the entire establishment, or a wing of the establishment, is used, rather than parts of an establishment? There is evidence that it causes an enormous amount of resentment on the part of the normal paying customers in a hotel when asylum seekers are present. Indeed, the asylum seekers themselves feel disadvantaged, because they are getting different meals to those who are normal hotel-goers. This should be exceptional, but there is a crisis in asylum accommodation and it does have to be dealt with.

[James Brokenshire]

I am grateful for the right hon. Gentleman’s intervention. There are examples where we have sole-use hotels, as well as examples where rooms have been taken as part of the continuing use of the hotel. My focus is on seeing those numbers come down and moving to a position where there is not a need for reliance on hotel accommodation, and is therefore on looking at that overall capacity issue. That also comes back to his point about widening and looking for new areas to establish dispersed accommodation and working with providers to find ways to get further access. A significant amount of work has been taking place on that over the course of this year, and there is continued work engaged on that.

Where there is a need, at times, for hotel accommodation to be used, whether that be shared-use or not, it is important that providers do that in a respectful way, ensuring that no issues of stigma are attached. I am obviously familiar with the discussions that the right hon. Gentleman and I have had on other things relating to issues of stigma. Again, I take a firm view on ensuring that we do all we can to prevent any of those matters from arising. That is a clear point that we have underlined to our service providers on the approach they take. I suppose what I would say to him is that I recognise the points he makes about sensitivity and the appropriate use of accommodation. We take that into careful consideration and we make those points to the providers.

The hon. Member for Glasgow South West also highlighted the potential extension of the COMPASS contracts. Officials are continuing to carefully consider the extension of existing contracts in accordance with their terms. The timing of any decision to extend the COMPASS contracts is subject to ongoing commercially sensitive discussions with providers. In deciding whether to extend the contracts, the Home Office will take a number of things into account, including the performance of the contracts and the value for money they offer to the taxpayer.

The Government are committed to doing everything necessary to protect the rights of asylum seekers and provide them with the safe and secure accommodation they deserve. Any complaints relating to the standard of accommodation will be investigated promptly and necessary remedial action will be taken. In closing, I reiterate my thanks to Glasgow for the proud role it has played in welcoming and supporting asylum seekers over many years.

Question put and agreed to.

Resolved,

That this House has considered the provision of services for asylum seekers in Glasgow.

EU Nationals: UK Residence

James Brokenshire Excerpts

Monday 4th July 2016 Commons Chamber

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

To ask the Secretary of State for the Home Department if she will make a statement on the legal status of EU nationals residing in the United Kingdom in the event of the United Kingdom’s leaving the European Union.

[The Minister for Immigration (James Brokenshire)]

EU nationals make an invaluable contribution to our economy, our society and our daily lives. They should be assured that, as the Prime Minister and the Home Secretary have repeatedly said, there will be no immediate change in their status in the UK. The Prime Minister has made it clear that decisions on issues relating to the UK’s exit will be for a new Prime Minister. I am therefore not in a position to make new policy announcements this afternoon.

The discussions that we have with the European Union to agree the arrangements for the UK’s exit will undoubtedly reflect the immense contribution made by EU citizens to our economy, our NHS and our schools, and in so many other ways; but they must also secure the interests of the 1.2 million British citizens who live and work elsewhere in the EU.

The Home Secretary was clear yesterday when she said that we should seek to guarantee that the rights of both groups were protected, and that this would be best done through reciprocal discussions with the European Union as part of the negotiations to leave the EU. It has been suggested that the Government could now fully guarantee EU nationals living in the UK the right to stay, but that would be unwise without a parallel assurance from European Governments regarding British nationals living in their countries. Such a step might also have the unintended consequence of prompting EU immigration to the UK.

It is in the best interests of all for the Government to conduct detailed work on this issue, and for the new Prime Minister to decide the best way forward as quickly as possible. In the meantime, let me stress that EU nationals continue to be welcome here. We have seen some truly abhorrent hate crimes perpetrated against EU nationals in the past week or so, and we will not stand for attacks of that kind. They must be, and will be, tackled in the strongest possible terms.

EU nationals can have our full and unreserved reassurance that their right to enter and to work, study and live in the UK remains unchanged, but to pre-empt future discussions at this point would risk undermining our ability to protect the interests of EU and British citizens alike, and to secure the best outcome for both.

[Ms Stuart]

I hate to teach the Minister about British constitutional organisations and structures, but ours is a Cabinet Government structure. Irrespective of whether Prime Ministers decide to leave, the Cabinet can still make decisions.

May I point out to Ministers that people are not bargaining chips? It is deeply offensive to assume that this country retrospectively changes the rights of its citizens. It is a duty of Government to allow people to live their lives and to make arrangements and predictions. We have 3 million EU citizens in this country, and 1.2 million British people live in the EU. They have a right to expect the Government to make clear statements.

The Minister may have read a letter to The Sunday Telegraph in which Members of Parliament, including my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the hon. Member for Clacton (Mr Carswell) and the right hon. Member for Hitchin and Harpenden (Mr Lilley), Frances O’Grady of the TUC, Simon Walker of the Institute of Directors, and Sunder Katwala of British Future—the Co-op is also concerned—say that it is the duty of this Government to state clearly and unequivocally that any EU citizen here will maintain and continue to enjoy the rights that they have acquired. Anything else would represent a failure of the Government to protect their people and future obligations. The Minister may also be aware that the House of Lords is far from happy with the Government’s position. Will he do the right thing now and not turn people into bargaining chips and not worry about what might happen in future but at this moment stand up and say that we honour human rights, that EU citizens have made an important and valuable contribution that will be honoured and that those who are here will continue to be here?

[James Brokenshire]

I entirely understand the basic premise of the right hon. Lady’s point, which is that we should seek to reassure EU nationals here in the UK and British citizens in other EU countries. On that broad premise, we are not poles apart. The question is about how we achieve that objective, which raises several complex issues. She will understand that we are talking about not only the right to reside, but employment rights, the right to study, entitlement to benefits, access to public services, and the ability to be joined by family members.

This is not, as the right hon. Lady seeks to characterise it, about viewing people as bargaining chips in some way; it is about getting the best possible outcome for EU citizens who are here and for the 1.2 million British citizens who are elsewhere in the European Union. The Government are absolutely focused on getting the best possible solution through discussions with the European Union. She and other EU nationals who are here and contributing to our society can be assured that that is absolutely at the forefront of what we are seeking to achieve in the negotiations that will follow.

[Damian Green (Ashford) (Con)]

I am sure that everyone on both sides of the House wants to see no disadvantage given either to EU citizens living in this country or to UK citizens living in other European countries. I detect the faint whiff of synthetic indignation over this entire urgent question process. What judgment has the Minister made about the best way to protect the interests of the more than 1 million British citizens living, and in many cases working, in other EU countries, so that no one is disadvantaged at the end of this process?

[James Brokenshire]

We need to ensure that there is an overall balance and that all the issues are given careful consideration. We have to view things in the round. That is why it would be a mistake to view this in a narrow way and to make statements now that could impede broader discussions about the position of British nationals in other European countries. That is the right approach and is precisely why the Prime Minister set out that we need to consider things very carefully.

[Andy Burnham (Leigh) (Lab)]

I should probably begin by declaring an interest: my wife, Marie-France, is a Dutch national and our three children are half-Dutch. So many British families are similar to ours, with relatives born in Ireland or in other EU countries. The 3 million or so EU nationals living here are the fathers and mothers, aunties and uncles, and grandmas and granddads of millions of British children. To leave any uncertainty hanging over their right to be here is tantamount to undermining family life in our country. That does not strike me as a very prime ministerial thing to do, but it is what the Home Secretary did yesterday. She said that

“people who have an established life here”

would be part of negotiations with Brussels. For people making a huge contribution to our society to be talked of as a bargaining chip, as was said, is insensitive to say the least. But when she adds that

“nobody necessarily stays anywhere forever”,

it becomes quite threatening.

I hope the Minister will go back and tell the Home Secretary that my kids would quite like their mum to stay here forever, if that’s okay with her. In retrospect, does he not accept that the Home Secretary’s comments were ill-judged? Is it not the case that people who have made a life here when it was perfectly legal for them to do so should not now have the rug pulled from under them? Furthermore, is it not entirely within the gift of the UK Government to remove this uncertainty today? Why is the Home Secretary not here today doing precisely that, rather than prioritising her leadership campaign? This is entirely a matter for the UK Government to decide, and it is this Government’s own decision to make this an issue in the negotiations. By doing so, are they not creating the conditions for the unwelcoming climate to continue, and for the rise in xenophobic and racist abuse we have seen?

Finally, does the very fact that we are having to hold this debate today not illustrate how flawed the referendum campaign was? Did people not have a right to know the answer to this crucial question before they went to vote? Sending any EU nationals home has enormous implications for families, for public services and for the economy, so why on earth did the Government instruct civil servants not to carry out any contingency planning on the implications of Brexit? Was that not the very height of irresponsibility? And has it not left us with “neither compass nor chart”, as Lord Hennessey has said? The Conservative party has reduced our country to chaos and created uncertainty being felt in every family. If the Home Secretary wants to be the person to lead us out of it, she needs to have the courage to come to this House and clear up her own mess.

[James Brokenshire]

If anything was ill-judged, I think the right hon. Gentleman’s comments were and the manner in which he approached his contribution this afternoon. I have been clear that there is no concept of bargaining chips or viewing people in that way. I have been clear on the contribution I see EU citizens making to our country, now and in the future, which is why it will be a part of that negotiation as we look towards a positive future for our country outside the EU. It would not be responsible to take a stance now that could have an impact on the 1.2 million British citizens in countries outside the UK. [Interruption.] It is not a choice of one or the other; it is a question of looking at both of them, and getting the best possible outcome for UK citizens in other European countries as well as giving assurance on the rights of European citizens who are here. It is important that we approach the negotiations in that way.

The right hon. Gentleman makes the point about the rise in community tensions, as he did fairly to us last week when the Under-Secretary of State for the Home Department, my hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), made her statement on hate crime. We would have common cause in utterly condemning hate crime—I absolutely condemn it again today—with the further work that will be introduced on tackling hate crime and the further work that the police are doing in our communities at the moment. We celebrate the work of so many European citizens here in our country now, which is why this does need to be part of those discussions and agreements with the European Union, to give that assurance and, yes, to get the best possible outcome for them, as well as for British citizens abroad.

[Sir William Cash (Stone) (Con)]

Will the Minister understand that many of us regard the Home Secretary’s recent remarks as wholly inappropriate? Does he also accept that any EU citizen who currently resides in the UK will continue to do so, as he has suggested, but that once the repeal of the European Communities Act 1972 has taken place, it will be a matter for domestic legislation here at Westminster to decide, in our traditional fair and reasonable manner, on what basis people should remain, having regard to the interests of UK nationals in other member states?

[James Brokenshire]

I underline again that we are an open, welcoming country and recognise the contribution that EU citizens make to our country, our economy and our communities. That is why this must form part of our assessment, our consideration and our negotiations and agreement with our European partners. I stress it in those terms very clearly. I hope my hon. Friend will understand why the matter needs to be viewed in that broader construct in the best interests of our country and to get the best outcome from those discussions.

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

May I start by observing that this is one of many questions to which it might have been prudent to have an answer before the right hon. Member for Birmingham, Edgbaston (Ms Stuart) and her fellow Brexiteers persuaded so many of their fellow citizens to vote to leave the EU? Be that as it may, Scotland voted overwhelmingly to stay in the European Union, and our fellow citizens who were born outside the UK are now anxious to know what the referendum results mean for them, not just now but in the future. And so are EU citizens across the UK. It is wrong and irresponsible to prevaricate about this.

In launching her bid for the leadership of the Tory party last week, the Home Secretary said:

“We will strive to make Britain a country that works for everyone—regardless of who they are and regardless of where they’re from.”

Actions speak louder than words. Why is the Home Secretary not here today to give the sort of reassurance that one might have expected in the light of that election pitch? What could be more important than her coming to this House to give that reassurance?

At the opening of the Scottish Parliament on Saturday, the First Minister said:

“We are one Scotland and we are simply home to all of those who have chosen to live here. That is who and what we are.”

Will the Minister reconsider, follow the First Minister’s example, and offer such reassurance for the whole of the United Kingdom? If he is not prepared to do that, will he clarify today in what circumstances he thinks it would be appropriate to remove the rights of EU citizens already living here?

[James Brokenshire]

The hon. and learned Lady has rightly highlighted that there were and will be a range of issues that need to be addressed, and obviously this is one of them. It was a consequence of the decision to leave the European Union; it was not shied away from and was clear in advance of the referendum. She makes her point in a clear and concise way. To come to her broader point, we want to get to a position where we can tell EU nationals who live in the UK that everything will be fine, that we can see them continuing here. I reverse the approach and take it from that standpoint. That is the approach that we will take as we look towards those negotiations and those EU discussions.

[Several hon. Members rose—]

[Sir Eric Pickles (Brentwood and Ongar) (Con)]

The hyperbole and the overstatement from the Opposition Benches will do much to frighten EU nationals in this country, more so than anything that has been said from the Front Bench. But there is an urgency to giving a clear message on the matter. EU citizens are among our top surgeons, our top consultants, our top anaesthetists. They are among our top engineers and our top architects. These are people who can work anywhere in the world and we need to be very clear that we want them here, as part of our economy.

[James Brokenshire]

I recognise the contribution made by all the people my right hon. Friend mentioned to our economy and also, as I said, to schools, the health service and so many other parts of our communities. I stress again that there is no change to their status now. We have to approach the discussions and focus on how we get the best possible outcome for them as well as for our own citizens, and that is what we will do.

[Edward Miliband (Doncaster North) (Lab)]

Is it not obvious that the forced deportation of millions of EU citizens is something that no sane or fair Government would contemplate doing? Given that no Government would do it, all we see from the Minister is that the Home Secretary has an incredible “negotiating position” and is causing untold fear and misery for many people in our country. It is time the Government gave clarity on this issue.

--- Later in debate ---

[James Brokenshire]

I am sorry, but I entirely reject the assertions the right hon. Gentleman makes. We have been very clear on confronting the division in our society, and in actually doing the work and setting out the best possible outcome for EU citizens, as well as British citizens, and that is the job we will get on with.

[Mr Andrew Tyrie (Chichester) (Con)]

I was glad to hear a moment ago, in one response from the Minister, that foreign residents are not to be treated as pawns in the negotiations, but I have to say that that was not the impression I had from his opening statement. Protecting their rights is the only ethical position that can now be taken. What is more, the longer the uncertainty about this question persists, as my right hon. Friend the Member for Brentwood and Ongar (Sir Eric Pickles) pointed out, the greater the risk of the economic downturn and the economic consequences. The Minister has been sent to do a holding operation today. Will he now take back from this urgent question debate the clear message that waiting until 9 September or beyond is simply not a realistic option and that the best thing to do now is to just get on with granting these rights?

[James Brokenshire]

I note my right hon. Friend’s contribution, and I would reassert the comments I made about people not being bargaining chips. We are talking about people’s lives here, and we fully appreciate and recognise the personal significance that this has. I do say to him, though, that it is appropriate that we look at this in the round, with all the complexities and all the unintended consequences that might arise from making statements now. It is appropriate to consider it in that way and to get the best outcome.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

There are unintended consequences in not making a statement now and allowing this issue to drift. There are children in schools, whose parents are French or Polish, who are in tears because they fear that they may have to leave. Extremists are exploiting this for “Go home” campaigns and repatriation campaigns that are vile, and the Home Secretary is just giving them succour. The Minister has been sent out here to waffle, while the Home Secretary, once again, has gone to ground on something that she could sort right now. Parliament is sovereign; we could sort this before the recess. Why do we not have a motion through this Parliament, which every one of us could sign up to and support, to say we will respect people’s rights if they are settled here and contributing to our country already? That is the fair thing to do.

[James Brokenshire]

We do have the certainty of knowing that there will be no immediate change, so people should not be fearful. Equally, others should not try to stoke up anxieties in the way that, I think, has been done in some contributions. It is important that we get this right and that people can continue in the way that they have done. Again, this process of leaving the EU is likely to take a number of years, and there will be no change while we remain a member of the European Union. People need to have that confidence and certainty. We will certainly confront any division, any hatred and any racism that we see, and the police are already taking action on that.

[Crispin Blunt (Reigate) (Con)]

While I understand the immediate logic of my right hon. Friend’s position, he does need to understand that our partners are not going to be in a position to make a reciprocal commitment, because 27 nations have to agree a position in the negotiations. This is an area in which the uncertainty needs to be brought to an end as soon as possible. Since it is inconceivable that we would not grant retrospective rights, should we not get on with it immediately?

[James Brokenshire]

My hon. Friend is right in saying that it is important that we look at the reciprocal rights and at how we do this at an EU level, rather than with individual member states. I think that is the right approach to take. However, it is important to view this in the round, viewing the role and responsibilities of British citizens who are in other European countries, and ensuring that the actions we take do not have unintended consequences for them.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

I find it hard to comprehend: the Minister keeps talking about not using EU citizens as bargaining chips, but then talks as if that is exactly what he is going to do. I also have to declare an interest: my husband is German, he has been a GP in this country for 30 years and, along with others in the community, he is anxious. The Minister says there will not be an answer for several years. In what way should people feel reassured? We caused the problem; we should set the example, and then other countries will respond in kind—just give them the reassurance.

[James Brokenshire]

I commend and congratulate the hon. Lady’s husband on the contribution he has made to the NHS, as have so many other EU nationals. Again, it is important to underline the fact that EU nationals who have been exercising treaty rights for a period of five years are entitled to permanent residence under existing rules. That is why we need a calm approach to these issues, underlining the existing arrangements that EU citizens will continue to benefit from, as well as looking at what those arrangements will need to be in future. That is where the negotiation plays such an essential part.

[Mr Christopher Chope (Christchurch) (Con)]

Is not my right hon. Friend making a bit of a meal of this? Why do we not just do what this House clearly wants to do—to grant the rights to these people? Could not that be implemented very quickly if we repealed the European Communities Act 1972? Does he not accept responsibility for gross negligence in not having any contingency plans?

[James Brokenshire]

I am afraid that there are significant legal complexities glossed over by my hon. Friend in outlining those solutions. A range of quite complex, multi-faceted issues arise. I have already highlighted things like benefit rights, access to public services, and employment rights, and there are others as well. It is not as simple as some have set it out to be. That is why we need to work through this carefully to get the best outcome.

[Ms Karen Buck (Westminster North) (Lab)]

There are 36,000 EU passport holders in the London borough of Westminster—almost one in eight of the population. This week I have been flooded by emails from people concerned about the jobs they do, the businesses they run, and the future of their children’s education. Does not the Minister understand that “not immediately” is simply not good enough? People are making decisions about their lives, their businesses and their children: they need reassurance, and they need it now.

[James Brokenshire]

Of course I understand the points that the hon. Lady very fairly makes. I do not think there is much difference between us on getting to that objective. That is why I make the point that I do about the certainty that people have now, and therefore working towards giving that certainty and assurance as part of the discussions at EU level. I absolutely understand the point that she fairly makes. That is precisely why this needs to be a priority as part of those discussions with our European partners, so that there is certainty for their citizens here, as well as our citizens in those member states.

[Kit Malthouse (North West Hampshire) (Con)]

Does the Minister agree that we should hold ourselves to a higher moral standard than trading off one group of immigrants against another, and immediately unilaterally declare a new immigration status of EU-acquired rights that would give people the right to reside here if they had been here for less than five years, at the same time as advertising to those who have been here for longer than five years that they now automatically have the right of permanent residence, so that as many of them as possible can avail themselves of that right?

[James Brokenshire]

I have already, in response to an earlier question, explained the position in relation to permanent residence. Those rights are there. Obviously we will retain and respect all existing rights while we remain a member of the European Union. My hon. Friend makes a number of points about potential solutions. Ultimately, that will be a matter for the next Prime Minister.

[Tom Brake (Carshalton and Wallington) (LD)]

Will the Minister join me in condemning Lord Pearson, who has said,

“it is we who hold the stronger hand if we retaliate, because so many more of them”—

“them” being EU citizens—

“are living here”?—[Official Report, House of Lords, 29 June 2016; Vol. 773, c. 1563.]

For two specific categories—the 10,000 EU doctors, just under 10% of the staff, who work in the NHS, and EU students who have just embarked on their studies—can the Minister give any guarantees that they will be able to continue?

[James Brokenshire]

On the right hon. Gentleman’s first point, I entirely agree—those comments are simply not acceptable. On his second point, yes, we know that about 50,000 EU citizens are working within the NHS. The contribution that they make is absolutely essential. I underline the points that I have made about the certainty that they have now in relation to existing EU rights, and working towards a position where we can give clarity moving forward.

[Dr Sarah Wollaston (Totnes) (Con)]

Some 55,000 members of our NHS workforce qualified elsewhere in the European Union, as did 80,000 members of our equally valued care sector. They need security, not just now, but in the long term, because the workforce crisis is one of the biggest challenges facing the NHS. In addition to welcoming the extraordinarily valuable contribution that those people make to our health and care sector, will the Minister take back the clearest possible message from this House that we need long-term security now?

[James Brokenshire]

I am grateful to my hon. Friend for underlining the contribution that EU and other citizens make in providing care in the NHS and in the care sector for our elderly. Obviously, as part of the negotiations, we want to ensure that there is an assurance. It exists now—I stress that again—but I acknowledge the priority she has given to it.

[Mike Gapes (Ilford South) (Lab/Co-op)]

My right hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart) led the campaign that got us into this mess. May I take up with the Minister something he said about the British people living in other European countries? I declare an interest as president of Labour International. We have heard from lots of people who live in Spain and elsewhere who are very concerned about their future. Can the Minister end the uncertainty for those British people—many of whom could not vote in the referendum because they have been abroad for longer than 15 years —that they will not be forced out of Spain, France or elsewhere, by ensuring that the British Government make a quick, early statement on security for citizens of those countries here?

[James Brokenshire]

The hon. Gentleman makes his point well on the bigger implications and broader issues that we absolutely have to acknowledge in making decisions. That is why we need to act with care, consideration and thought, to ensure that we consider the rights not only of those from the EU who are here, but of British citizens overseas, who will be feeling equally uncertain. We need to think about both in our discussions.

[Mrs Anne Main (St Albans) (Con)]

As the right hon. Member for Birmingham, Edgbaston (Ms Stuart), who asked the urgent question, will know, nobody on the official leave campaign raised the prospect of sending people away and deporting people. The issue has been raised by the Home Secretary and it is a catastrophic error of judgment for someone who wishes to lead this country even to suggest that those people who are here legally, who are working and who have families and are settled, should be part of the negotiations. She has made a big error of judgment and that message needs to go back to the Home Secretary today.

[James Brokenshire]

I am very sorry, but I think that my hon. Friend has completely mischaracterised what the Home Secretary said. She was merely saying that people come and go: some people who work here may go back to their home countries. That is the fluidity that we see in labour markets and in the movements of people between different countries. That is what the Home Secretary was referring to. We want to work to ensure that the rights of those who are here are guaranteed, and that will form part of the negotiations.

[Alison McGovern (Wirral South) (Lab)]

The Minister’s answer to the question seems to be, “Trust me: it’s all in hand.” Is it any wonder that the family of my right hon. Friend the Member for Leigh (Andy Burnham) and thousands of other families up and down this country cannot trust the Government, given how they have handled the immigration question for years? May I ask the Minister to do a little better than saying, “Just trust me”, and to say whether he has made representations on this issue to his opposite numbers in the French or Spanish Governments?

[James Brokenshire]

The issue is being treated seriously. It is not about multilateral negotiations but about getting it right and assessing all the complexities that I have already highlighted this afternoon. That is the appropriate response. As the Prime Minister has said, we need to look at the issue very carefully and it will be for the next Prime Minister to act.

[Kevin Foster (Torbay) (Con)]

Knowing the contribution that EU nationals make to Torbay, I welcome this afternoon’s far more positive portrayal of their contribution to society, particularly by one or two Members who have not done that over the past couple of months. Does the Minister agree that, in order to reassure them, we could make it very clear that, unless there is a retaliation within the European Union against British passport holders, we will guarantee their rights in the UK?

[James Brokenshire]

I welcome my hon. Friend’s comments. We want to make sure that EU nationals who are already here can stay in Britain, but we also, as I have already stressed, need to guarantee the rights of British nationals living in EU member states. That needs to be a priority of our negotiations.

[Caroline Lucas (Brighton, Pavilion) (Green)]

On exactly that point, can the Minister explain how it can possibly be likely to prejudice the rights of UK nationals in the EU if we do the right thing—if we do the moral thing—and uphold basic human rights by extending the rights of EU nationals here? Does he recognise how out of touch he is on this issue, and will he take that message back to the Home Secretary in no uncertain terms?

[James Brokenshire]

Of course, I understand the point that the hon. Lady makes about wanting to act. We need to be careful about the unintended consequences and other implications of things that we do now, up front, to ensure that we get the best possible outcome for British citizens overseas. It is about looking at this in the round to achieve the best outcome. I think she and I both agree on that, but we differ on how we should go about it.

[David Rutley (Macclesfield) (Con)]

I understand the concerns that have been expressed today. My mother is a Danish national who has lived in the UK for more than 50 years. My right hon. Friend has set out that there are complexities here. However, can he reassure the House that this is an urgent priority and that plans are being developed urgently, not only in the Home Office but by the EU Brexit unit that has been set up recently by the Prime Minister?

[James Brokenshire]

Yes, I can. My hon. Friend makes reference to the new unit that has been established, and this is certainly seen as an early item in that work.

[Fiona Mactaggart (Slough) (Lab)]

Is the Minister aware that his remarks and the remarks of the Home Secretary have created real insecurity among a number of people, who are now seeking to become British and who are perfectly qualified for British citizenship? The Minister is about to make hundreds of thousands of pounds of profit from those applications. What is he going to do right now to cut the cost of becoming British, or at least to make it happen faster and more efficiently, for the many European citizens who will become British because they are so unsure of their own future?

[James Brokenshire]

I do not accept that my comments or the comments of the Home Secretary have in any way added to the uncertainty that the right hon. Lady has pointed to. The Prime Minister said clearly that nothing changes while we remain a member of the European Union. Obviously, we need to make decisions for the future, and that will be for the next Prime Minister.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

Interestingly, throughout the referendum campaign the Government did not indicate what their position would be on the matter. Since the result, they have demonstrated nothing other than that they are completely unprepared for this and every other issue. EU nationals are part of our communities, and our children share classrooms and friendships with them. The Secretary of State for Education stated in an answer to oral questions just before this urgent question that she believes that EU nationals and their children should be allowed to remain in this country. Does the Minister agree with his colleague?

[James Brokenshire]

As I have indicated, I believe that we need to work to make sure that people who are here can stay in the UK. Securing that needs to be part of the negotiations. That is part of those discussions, as is the position of British nationals overseas.

[Mr David Hanson (Delyn) (Lab)]

The Minister’s statement condemns large numbers of constituents of mine who are married to foreign nationals, expecting children with foreign nationals or employed in factories here and abroad with foreign nationals to great uncertainty. If he will not accept the will of the House today, will he give a clearer indication of the timescale than simply, “It is a matter for the next Prime Minister”?

[James Brokenshire]

The right hon. Gentleman will know that there are a number of issues that flow through from the decision that has been made for the UK to leave the European Union, and this is but one of them. I entirely recognise the points that he and others have made, but this is how we are able to get the best outcome for European citizens here and British nationals overseas, and therefore it is part of our detailed, considered work. As I have indicated, it is certainly a priority aspect of that work.

[Douglas Chapman (Dunfermline and West Fife) (SNP)]

What does the Minister say to my constituent Teodóra Bokonyi, one of the 1,183 EU nationals to whom I wrote last week, who is in full-time education in Scotland and has two years of study left before she gains her degree? What pre-Brexit legal advice was sought by the Government, and will he share that advice, so that I can advise my constituent on how best to be safe and secure in following her studies in the UK?

[James Brokenshire]

I wish the hon. Gentleman’s constituent well with her studies, which should continue, and she should have no fears in relation to the current situation, as I have highlighted. We do not share legal advice. That has been the well-founded position of many Governments over the years. I want to assure people that nothing is changing now and the process could take a number of years. I wish her well with her studies in Scotland.

[Andy Slaughter (Hammersmith) (Lab)]

Thank you very much, Mr Speaker, for granting this urgent question, although it is somewhat bizarre to see the Brexiteers on both sides of the House weeping crocodile tears. What am I to tell the 15% of my constituents who are EU nationals, hundreds of whom have written to me to express their dismay and, given the racist attacks like that on the Polish centre in Hammersmith, fear? Many of them are thinking of going to another country. If they do, it will be we, not they, who are the poorer for it. We need certainty, and we need it now.

[James Brokenshire]

I utterly condemn attacks on any citizens in this country as a consequence of their nationality, faith, creed or colour. They are completely unacceptable and do not represent the country that I or this Government believe in. This House has unequivocally condemned such actions. There have been ministerial visits to the Polish centre. I recognise the points that the hon. Gentleman makes. Clearly, nothing is changing now and it is the negotiations that will provide the ultimate certainty. We want to ensure that the UK remains an open and attractive place for people to come to, to live, work and study. For my part, that is the approach that I will continue to advocate.

[Brendan O'Hara (Argyll and Bute) (SNP)]

In the disgraceful absence of the Home Secretary, can the Minister offer any reassurance beyond “not immediately” to my constituent, Alex Westley, and his French-born wife, Morgan, who fear that her long-term future in the UK cannot be guaranteed? Morgan came to Scotland in good faith. She has built a life here and is contributing to Scottish society. Surely, common decency dictates that she and the millions like her deserve guarantees of their long-term security?

[James Brokenshire]

I entirely understand the point the hon. Gentleman makes and the assurance he seeks. Nothing will change immediately, as the Prime Minister has stated clearly. I want us to get to the position where EU nationals who are already here can stay in Britain, but that needs to be part of the negotiation.

[Kate Green (Stretford and Urmston) (Lab)]

Yesterday, I was stopped in the street by a constituent who is an EU national whose children were born here. The family are from Denmark, but the children do not speak a word of Danish and the older child is due to start school next term. Does the Minister understand that the Government have an obligation to uphold the best interests and welfare of children and that this uncertainty is putting parents in an impossible position?

[James Brokenshire]

As I have said in response to other questions, I understand the position we face as a consequence of the UK’s decision to leave the EU. As I have indicated, no immediate changes will happen while we remain an EU member state. Clearly, we want to be in a position to give the guarantees that the hon. Lady’s constituent seeks. That will be a core part of the negotiations that will follow.

[Wes Streeting (Ilford North) (Lab)]

In a written parliamentary question in January, I asked the Home Secretary to outline the contingency plans her Department was making for a leave vote. In the reply, the Minister gave no assurances. Is it not clear that on this issue, as with every question thrown up by the leave vote, the Government have done absolutely no contingency planning? The consequence in this instance is that people who are making decisions about their education, their jobs and their families have no assurances whatsoever from the Government. Is the Minister not ashamed of that position, and does it not reflect the cavalier approach of this Government since they were elected last year?

[James Brokenshire]

No. I do not accept the characterisation that the hon. Gentleman seeks to proffer. I say to him very clearly that the security and guarantees that he and his constituents may be seeking require the positive outcome of the negotiations with the European Union. That is the absolute focus of this Government with the establishment of the new unit in the Cabinet Office. It will be for the new Prime Minister to take that forward.

[Steven Paterson (Stirling) (SNP)]

Since this Government have shown themselves to be woefully inadequate in setting the right policy and doing the right thing by EU nationals, will the Minister consider devolving these powers to Scotland, which has a Government who can lead and will do the right thing?

[James Brokenshire]

No.

[Tristram Hunt (Stoke-on-Trent Central) (Lab)]

Following on from the question from the hon. Member for Ochil and South Perthshire (Ms Ahmed-Sheikh), can we be clear that the Secretary of State for Education confirmed at the Dispatch Box that the children of all EU nationals would continue to be educated in British schools? Will the Minister tell us whether that will go up to the age of 18, or 21, or does he not have clue, as with the rest of his answers?

[James Brokenshire]

The Secretary of State for Education made her comments this afternoon and clearly he will need to direct further comments to the Department.

[Tristram Hunt]

You’re part of the same Government!

--- Later in debate ---

[Andrew Gwynne (Denton and Reddish) (Lab)]

It is frankly unbelievable that no contingency planning had taken place in respect of a leave vote, not just on EU citizens living and working in the UK but on UK nationals living and working in other EU member states. Given that those people are disproportionately older and retired, and EU citizens living and working the UK tend to be younger, in work and paying tax to the Exchequer, what kind of bargaining chip does the Minister think he has?

[James Brokenshire]

This is not a question of bargaining chips at all, as I have said very clearly throughout my contributions this afternoon; rather, it is about looking at this issue in the round, with all the implications there are. It is not right to suggest that every EU national here fits the categories that the hon. Gentleman described. We have the self-employed, those who are employed, retained workers of self-employed persons, those who are retired, jobseekers, students, the self-sufficient and family members. These are complex issues that require careful consideration. That is what we need to do.

[Stuart Blair Donaldson (West Aberdeenshire and Kincardine) (SNP)]

If the Government are unwilling to guarantee the future of EU nationals living here, what assessment have they made of the impact on public services of the exodus of EU nationals and the potential return of hundreds of thousands of retirees from abroad?

[James Brokenshire]

As I have already indicated, we want to be in a position in which EU nationals who are already here can stay in Britain. As I have already made clear, there is no change to the current arrangements or situation. We want to work quickly to see that these issues are resolved, but I again repeat that that needs to be part of the negotiations.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

May I put on the record my absolute disappointment with the Minister’s statement today? On an issue that appears to command consensus among those who campaigned both for leave and for remain, it beggars belief that the Home Secretary yesterday and the Minister today cannot give the reassurance that the millions of people in this country need that they can stay here and have the rights that they deserve, and it is notable that not one Member of this House has so far agreed with the Government’s position. These people are our teachers, our doctors, our entrepreneurs; they are also our taxpayers. They deserve that reassurance. The tone the Minister would then send to other European nations would in my view be the kind of tone we need to keep relations with our allies and protect the rights of our British citizens abroad.

[James Brokenshire]

I absolutely appreciate and recognise the huge contribution that EU citizens make to our economy and in so many other different ways. They enrich our country. There are difficult challenges to face now as a consequence of the decision that has been taken for the UK to leave the European Union. I have been very clear, as has the Prime Minister, that EU nationals’ rights remain unchanged while we remain a member of the European Union. Clearly, we are working to ensure that the negotiations are successful in giving those guarantees to ensure that those who are here are able to stay.

[Tommy Sheppard (Edinburgh East) (SNP)]

The Minister keeps evading our inquiries on the whereabouts of his boss. What is so important that the Home Secretary cannot attend this urgent question, which in large part has been occasioned by her comments to the press? Does the Minister understand that many thousands of our fellow citizens are fearful and anxious for their future and that his procrastination serves only to fuel rather than to allay that anxiety?

[James Brokenshire]

I respond to issues relating to migration and our immigration system, so it is entirely appropriate for me to respond to this urgent question. I note and appreciate the hon. Gentleman’s point about uncertainty for European citizens in the UK, as well as for British citizens overseas. That is why I have been clear that there are no immediate changes. I have sought to give that assurance, and it is unfortunate that many contributions have sought to stoke up some of those uncertainties, when the Government have been providing clarity and assurance on the process that will need to take place to give the sort of comfort that the hon. Gentleman seeks.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

The right hon. Member for Birmingham, Edgbaston (Ms Stuart) has a brass neck for bringing this urgent question to the House, and the Minister has a brass neck for saying that EU citizens will not be used as bargaining chips, because that is exactly what he is doing. His boss, the Home Secretary, has a brass neck for making comments and then not coming to the House. I have continually heard the phrase “strong government”, so will the Minister find the strength to find his boss, do the right thing and make a decision for EU citizens?

[James Brokenshire]

The hon. Gentleman makes his point in his own way, and I will make mine in my own way. We recognise and respect the contribution that EU citizens make in the UK, and equally we must ensure that the rights of British citizens overseas are protected. We will take that combined approach to get the best possible outcome for both.

UK Security and Entry Clearance Procedures

James Brokenshire Excerpts

Wednesday 29th June 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

It is a privilege to serve under your chairmanship, Sir Roger. I congratulate the hon. Member for Mitcham and Morden (Siobhain McDonagh) on securing the debate and highlighting this extremely important issue.

Hatred and extremism in our society must be challenged in all their different forms. The hon. Lady highlighted the appalling murder of Mr Asad Shah for the faith that he professed. The Government utterly condemn that act. We take with the greatest of seriousness our responsibility to combat those who sow hatred in our country and our communities, which might inspire others to take action against our own citizens for their faith.

I have had extensive contact with the Ahmadi community over a number of years. I have visited the mosque in Morden, and I have had the privilege of sitting down with His Holiness to talk through a number of issues, including how we combat extremism and terrorism. I am clear that the Ahmadi community makes an enormous contribution to our society and culture in the UK. I, for one, stand up and defend the right of members of that community to profess and practise their faith without fear of intimidation or violence. I assure the hon. Lady of my personal commitment on that issue, of the steps I have taken over a number of years to work with the Ahmadi community, and of the respect that I have for that community and the work that it does.

The hon. Lady made a number of points about confronting extremism and about how our visa processes operate. I want to reassure her about the importance that we attach to the issue and the steps that we have taken to prevent preachers of hate from coming into this country. I am unable to comment on individual cases, some of which are subject to orders, but I would like to take her through some of the processes and procedures that we adopt. I also underline that the current Home Secretary has banned more hate speakers than any preceding Home Secretary and is committed to this issue.

The debate gives me the opportunity to clarify that we have robust policies and procedures in place to ensure that foreign nationals who seek to undermine the national security and values of the UK through violence and hatred can be prevented from coming here to do so. Visas—entry clearances—are important tools to reduce illegal immigration, tackle organised crime and protect national security. They allow us to intervene before someone arrives in the UK. The information provided in the application process enables us to identify links that we would otherwise not have known about and, where appropriate, prevent someone from coming to the UK by refusing a visa. It is of paramount importance that immigration processes ensure that individuals who have come to notice as a threat to the UK’s security and society, or who may present such a threat, are prevented from coming here to spread their messages and incite violence.

Visas are an important part of our immigration system, which is fair to legitimate migrants and tough on those who flout the rules. We have strong processes in place at all stages—visa application, leave to enter and extension of stay—to provide assurance that appropriate checks are made before any leave is granted. UK Visas and Immigration staff play a critical role in distinguishing between those who are entitled to come to the UK and stay here and those who are not. That requires appropriate application of the immigration rules and a series of checks on individuals, so that accurate decisions can be made to help keep the UK safe and secure.

The operating mandates of the Border Force and UKVI require specific checks to be made, with referral to experts where necessary. Entry clearance officers receive a range of training to support them in identifying individuals who may pose a threat to the UK. For those who need a visa to come to the UK, the application process requires the applicant to declare any criminality or immigration offence and to provide their facial image and fingerprints as biometrics.

Entry clearance officers are required to check a range of databases, including biometric, Home Office and police databases, for any traces of the applicant’s history. The biometrics fix the identity of the applicant so that entry clearance officers can identify the same individual in the future, and so that important information about the applicant’s immigration history, including any travel ban or exclusion order, is available even if, for instance, they change their name or seek to conceal their identity. In addition, applicants must qualify for entry under the immigration rules and will normally be refused a visa or leave to enter or remain if they do not.

The authority to carry scheme, operated by the national border targeting centre, means that carriers, including airlines, require authority to carry individuals to the UK. That authority may be refused for any individual who has been excluded from the UK, whom the Home Secretary is in the process of making the subject of an exclusion order or who is the subject of United Nations or EU travel restrictions. If authority to carry a specific individual is refused and that individual is carried to the UK, the carrier is liable to a financial penalty of up to £50,000. Our processes on arrival at the border also include full checks against Home Office databases, providing further assurance.

[Siobhain McDonagh]

This is a dialogue of the deaf. I have explained to the Minister a case in which an individual who has been cited as the cause of a murder in Pakistan and a murder in the UK was granted entry clearance. Can we address that issue?

[James Brokenshire]

As I have already stated, I am unable to comment on those who are or are not subject to exclusion orders or on individual cases, for sound legal reasons. I am trying to explain the steps that are taken, and I will come on to the process for exclusion orders, which is at the heart of what the hon. Lady is talking about. Our special unit within the Home Office analyses information and is a core part of the activities that the Home Office undertakes.

We are clear that the threat the UK currently faces from extremism is unprecedented. The Government are taking a stronger stance to ensure that extremist ideas do not gain a foothold here and challenge this country’s values of tolerance, respect and democracy. We have acted to protect our communities by publishing our counter-extremism strategy, which is based on four pillars: countering extremist ideology; building a partnership with all who are opposed to extremism; disrupting extremists; and building more cohesive communities. The strategy will challenge all forms of extremism. The Government, however, can only do that in partnership with all those who want to defeat extremism and build a stronger Britain.

As Her Majesty the Queen recently announced to Parliament, the Government intend to introduce a counter-extremism and safeguarding Bill to provide stronger powers for the Government and law enforcement agencies to protect the public from extremists. The Government will consult on new powers for disrupting extremists before they are introduced.

On the specific issue of exclusion, the Home Secretary has the power to exclude from the UK foreign nationals whose presence she considers would not be conducive to the public good, or whose exclusion is justified on grounds of public policy or public security. A person may be excluded for a range of reasons, including national security, criminality and unacceptable behaviour. There is no time limit on exclusion, and a person who is excluded remains so until the Home Secretary lifts the exclusion. Anyone excluded by the Home Secretary who applies for entry clearance or leave to enter must be refused so long as the exclusion remains in force. That power is very serious, and no decision is taken lightly or as a means of stopping open debate. All decisions must be based on sound evidence and must be proportionate, reasonable and consistent.

Although I cannot comment on particular cases, the current Home Secretary has excluded more than 100 hate preachers from the UK since May 2010, which is more than any previous Home Secretary. Our special cases unit works with language and other experts to look at social media and other media to identify those who may pose a threat and therefore may need to be considered for such action. The Home Office has a sense of purpose and seriousness in addressing those who could pose a threat.

[Siobhain McDonagh]

How many Urdu speakers are there in the specialist unit?

[James Brokenshire]

Given the time available, I will write to the hon. Lady with details on the work, including those who are involved and the steps being taken. She and I have had previous exchanges on these issues, and obviously I am happy to provide further detail and information and, equally, to reflect on some of her questions to which I have not responded specifically.

I underline the unprecedented threat that the UK faces from extremism, with extremists using the internet to spread their ideologies quickly and on a scale that we have not previously seen. That is why we have introduced new approaches for combating and confronting extremism. We recognise the challenge we face in our communities where extremism takes root. The hon. Lady is right to highlight the appalling murder of Mr Shah and its impact on the community in Glasgow, and I recognise that in the firm and clear way in which I am underlining our utter condemnation of any acts of violence. Equally, the Government have resolved to confront all forms of extremism, including by identifying those who may wish to travel to the UK to peddle their hate and ideology. To safeguard our communities and confront extremism in all its forms, we will continue to take action to prevent such people from travelling to the UK.

Question put and agreed to.

Point of Order

James Brokenshire Excerpts

Monday 13th June 2016 Commons Chamber

[Mr Speaker]

I have sought to display my usual generosity of spirit to an exceptionally dedicated and assiduous constituency Member, which the hon. Gentleman undoubtedly is. However, I hope that he will take it in the right spirit if I say that that was not a point of order. Moreover, it was patently not addressed in any meaningful sense to, and could not be intended for, the Chair. It was really a request to the Minister on the Treasury Bench. Accordingly, it is best communicated directly to the Minister in writing or through a meeting, rather than across the Floor of the House. On this one occasion, and this one occasion only—I realise the seriousness of the matter—I will say that if the Minister wants very briefly to respond, even if only to indicate a willingness to engage, so be it, but he is under no obligation to do so. In future, the hon. Gentleman should give me notice of an intention to raise such a point of order, in which case I will wisely counsel him against doing so.

[James Brokenshire]

Further to that point of order, Mr Speaker. I am content to write to the hon. Gentleman in respect of the point that he has raised so that I am able to consider it properly.

[Mr Speaker]

I hope that the hon. Member for Ross, Skye and Lochaber (Ian Blackford) is satisfied for now.

Oral Answers to Questions

James Brokenshire Excerpts

Monday 13th June 2016 Commons Chamber

[Peter Grant (Glenrothes) (SNP)]

2. What discussions she has had with charities and non-governmental organisations on conditions in the camps at Calais and Dunkirk.

[The Minister for Immigration (James Brokenshire)]

While the management of the camps is a matter for the French Government, there is close engagement between the United Kingdom and France on all matters relating to the migration situation in Calais. Through the August 2015 joint declaration, the Home Secretary and the French Interior Minister set up a project that is being delivered by the French non-governmental organisation France terre d’asile to identify vulnerable migrants and direct them towards existing protection, support and advice.

[Peter Grant]

May I associate myself and my colleagues with the Home Secretary’s earlier comments about the dreadful killings in Orlando?

The Red Cross has issued the following recommendation:

“The UK Government should be proactive in identifying unaccompanied minors with a UK connection and help guide them through the process of finding protection in the UK”.

What exactly are the Government doing to comply with that, and what have the results been so far?

[James Brokenshire]

As I have said, France terre d’asile, to which the United Kingdom Government is giving financial support, is doing precisely that. It is going into the camps to identify young people and to ensure that we have a good understanding of the work that is being done there. Separately, our own advisers are going into the camps to provide appropriate advice. What is of key importance, however, is getting those young people into the French asylum system.

[Keir Starmer (Holborn and St Pancras) (Lab)]

On behalf of Labour Members, may I echo the Home Secretary’s comments about Orlando?

Research published this week by UNICEF shows that children in refugee camps in Calais and Dunkirk are experiencing violence, sexual exploitation and abuse on a daily basis. Clearly, for those who are entitled to be reunified with their families, speed is of the essence, but UNICEF estimates that, at the current rate, it could take up to a year to process the children who are already in Calais and Dunkirk and who have a legal right to be reunited with their relations in the United Kingdom. What steps are the Government taking to address that, and can the Minister tell me how many Home Office staff are currently based in France and working to speed up the process?

[James Brokenshire]

I entirely agree with the hon. and learned Gentleman about the need to ensure that those cases are processed as quickly as possible. The most effective way to do that is to provide teams that link up with the best expertise on both sides of the channel, and that is exactly what we have done with the French authorities. The process will not take as long as he suggested. We are seeing cases being processed in a matter of weeks, which is precisely what we want.

[Jack Lopresti (Filton and Bradley Stoke) (Con)]

3. What steps she is taking to ensure that illegal migrants cannot profit from working in the UK.

[The Minister for Immigration (James Brokenshire)]

The Government are committed to tackling illegal working. The Immigration Act 2016 makes illegal working a criminal offence in its own right, which ensures that wages paid to illegal migrants can be seized as the proceeds of crime, and assets may be confiscated on conviction. The Government are prioritising the implementation of that provision, which will take place on 12 July.

[Jack Lopresti]

Does my right hon. Friend consider that tackling illegal working has been made easier or harder by the 2014 judgment of the European Court, which forbids the United Kingdom from requiring migrants to have documentation issued by the British Government, although a High Court judge has said that documents issued by other EU member states are systematically forged?

[James Brokenshire]

I can reassure my hon. Friend on the steps that Border Force takes to check documentation and the fact that under this Government we have 100% checks of all scheduled passengers arriving here precisely to identify where fraudulent documents are used. The most important thing is the join-up across government in identifying where these activities are taking place, which is precisely what is happening.

[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

On 11 May I wrote to the Home Secretary regarding an illegal worker in the care sector in the UK. I have not received a reply to that letter, but over a month later can the Minister or Home Secretary explain why that illegal worker is still working in the United Kingdom and why anyone seeking to report illegal workers is referred by the Home Office to Crimestoppers rather than the Department dealing with it itself?

[James Brokenshire]

I can certainly assure the hon. Gentleman of the steps that immigration enforcement is taking in a number of sectors where abuse has been highlighted, including construction and the care sector. I will certainly follow up on the point he raised about the letter he has sent to ensure that it is being appropriately followed up.

[Mr Speaker]

Mark Garnier. Not here. [Interruption.] I have no idea about the whereabouts of the chappie, but we must move on.

--- Later in debate ---

[Maria Caulfield (Lewes) (Con)]

8. What steps she is taking to ensure the security of the UK border at Newhaven port.

[The Minister for Immigration (James Brokenshire)]

Border Force officers in Newhaven maintain 100% checks of arriving passengers and undertake intelligence-led activity to tackle both people-based and commodity-based threats. They collaborate effectively with the police, the National Crime Agency and their French counterparts in Dieppe to identify and disrupt attempts to smuggle migrants and commodities into the UK illegally through that port.

[Maria Caulfield]

I thank the Minister for his reply. I recently met Newhaven Port Authority to discuss the future of the Newhaven ferry, and I was told that last year was its most successful ever, with a 50% increase in passengers and freight. That is welcome, but it is putting extreme pressure on the existing Border Force officials. Will the Minister reassure me that this Government are doing everything they can to ensure that this vital travel and trade link is kept secure?

[James Brokenshire]

I congratulate the port operators on the work they have done to see the success that my hon. Friend has highlighted, and I am sure her work has given them support, too. I assure her that Border Force’s model operates not only to ensure that we have the necessary core team to tackle business-as-usual activity, but to surge additional resource, in line with intelligence, where we have identified particular threats.

[Albert Owen (Ynys Môn) (Lab)]

rose—

[Albert Owen]

Principal ports—major ferry ports—such as Newhaven and Holyhead in my area are under extreme pressure because Border Force vessels are used in smaller ports in close proximity. May I help the Minister by suggesting that offshore vessels that are not used in the North sea on wind farms could be adapted by Border Force to close these gaps?

[James Brokenshire]

I congratulate the hon. Gentleman on his ingenuity in asking the question. The Home Secretary has already responded on the strategic review that is being undertaken, and we are looking at all available Government assets to ensure that we pull them together. The National Maritime Information Centre is designed to assist with that, and we will continue with that work.

[Richard Arkless (Dumfries and Galloway) (SNP)]

rose—

[Richard Arkless]

The previous coalition Government removed the Border Force staff from my home port of Stranraer, in my constituency, a number of years ago. Given the increased threats that we face from contraband and puppy smuggling from the rest of the European Union, will the Secretary of State commit to re-examine that decision, so that we can have appropriate defences at our port in Stranraer?

[James Brokenshire]

The Home Secretary has already indicated that £63 million of additional resource is being made available precisely to focus on smuggling. I am happy to discuss further with the hon. Gentleman any particular issues he may have, but I can assure him about the intelligence-led approach that Border Force takes and how we will deploy resources dynamically to meet any challenges.

[Marcus Fysh (Yeovil) (Con)]

9. What steps she is taking to ensure that police forces implement reforms to increase their effectiveness.

--- Later in debate ---

[Henry Smith (Crawley) (Con)]

13. What steps the Government have taken to improve checks at juxtaposed border controls in preparation for the summer.

[The Minister for Immigration (James Brokenshire)]

We have invested tens of millions of pounds to reinforce border security at the juxtaposed ports, including through the installation of security fencing, floodlighting, anti-intrusion detection technology, and additional freight-searching contractors, dogs and security personnel. This has been complemented by increased French police numbers.

[Henry Smith]

I welcome the UK border enhancements over the coming summer period. Will there be an exchange of information about those leaving the UK as well as those entering it?

[James Brokenshire]

My hon. Friend makes an important point about the sharing of information and intelligence between the UK and France, and it is an essential point to stress in the context of organised immigration crime that may be taking place across the channel. We have significantly stepped up our activities with the French authorities, and that will have a continuing impact in the fight against those who are simply seeking to traffic people into this country.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

The school summer holidays are also known to some as the “cutting season”, when young girls can be flown from the UK to have female genital mutilation forced on them in other countries. What steps are the Government taking to ensure that Border Force is equipped to stop young girls being flown out of the UK to be mutilated?

[James Brokenshire]

The hon. Lady makes a compelling and important point—indeed, I understand that it may well be debated in this afternoon’s consideration of the Policing and Crime Bill. I will certainly continue to discuss the issue with colleagues across the Home Office, but I can assure her that steps are being taken to ensure that Border Force officers are trained and that we recognise this really appalling crime to a much greater extent.

[Kevin Foster (Torbay) (Con)]

Given England’s inevitable progression towards the Euro 2016 final, will the Minister reassure me that the juxtaposed border controls will have the resources they need to deal with the number of fans who want to go to France, and to work with the French authorities to deal with the morons who have shamed our country over the last week?

[James Brokenshire]

I am sure that all of us would absolutely condemn the actions of anyone who has gone not to watch football but to become involved in violence. We also want to see all the home nations do well in the days and weeks ahead. However, my hon. Friend makes a point about security, and security is being maintained. We have stepped up security screening externally as well as internally, and the French authorities have maintained security at the juxtaposed ports at this increasingly challenging time for the French Government.

[Ian C. Lucas (Wrexham) (Lab)]

Please will the Minister join me, as a Member from Wales, in commending Wales as the first home nation to win its first game at the European championships? Does he believe that the exchange of information with our allies will be improved or worsened by Britain voting to leave the European Union on 23 June?

[James Brokenshire]

I think I commended all the home nations in my initial contribution. The point the hon. Gentleman makes is important: we benefit from being able to use European systems to screen people at the border and from being able to have Europol working with joint investigation teams and with police and law enforcement agencies across Europe. I absolutely believe that our position in terms of safety and security is strengthened by being part of those mechanisms and being part of the EU.

[Callum McCaig (Aberdeen South) (SNP)]

14. If she will make an assessment of the potential merits of applying different immigration rules to Scotland and other constituent parts of the UK.

[The Minister for Immigration (James Brokenshire)]

Our immigration system is designed to work for the whole of the United Kingdom. Applying different rules would lead to migrants applying in one part of the UK and then moving to another, as happened—as the Scottish Government’s own research shows—with the “fresh talent” scheme.

[Callum McCaig]

That is the scheme that the Government abolished. I thank the Minister, but that was an inadequate answer, quite frankly. I draw his attention to the fact that Australia and Canada have introduced substate immigration rules to ensure that migrants are encouraged to live where they are most needed. Will the Government look seriously at how this can be implemented in the UK, as the Justice Secretary has suggested today in Scotland?

[James Brokenshire]

Experience of the “fresh talent” scheme indicated that only 44% of applicants had remained in Scotland at the end of their two years’ leave on the scheme. We asked the Migration Advisory Committee to look at whether differentials would work in terms of the overall salary thresholds, but it advised that that would not be appropriate and, indeed, that it would lead to the setting of higher salary thresholds in Scotland as contrasted with the rest of the UK, therefore not achieving the objective for which I think the hon. Gentleman is trying to argue.

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

Scotland needs different immigration rules because it faces very different demographic challenges from those in London and the south-east, yet the needs of London and the south-east determine British immigration policy. Why will not the Government exclude Scotland from the net migration target and work with the Scottish Government to pursue policies that are tailored for Scotland’s needs?

[James Brokenshire]

I do not agree with the hon. and learned Lady’s analysis. The shortage occupation list recognises the different skills shortages that may need to be addressed in Scotland. Under the Scotland Act 2016, the Scottish Government have new powers to make Scotland a more attractive place to come to, live in and work in, in order to boost the tax take and grow the population. I encourage the Scottish Government to use those powers.

[Joanna Cherry]

As the Minister very well knows, immigration is still a reserved matter. I am interested to hear that he accepts the principle that different rules can apply to different parts of the UK by highlighting differences in the shortage occupation list. Having accepted that principle, why will he not work with the Scottish Government to pursue other policies that are designed to meet the specific demographic challenges that Scotland faces?

[James Brokenshire]

I did not say what the hon. and learned Lady suggested. We always welcome the opportunity to continue discussions with the Scottish Government on these issues, recognising that immigration remains a reserved matter. We will look carefully at the Scottish Affairs Committee’s report and respond to it shortly. We are very clear that there needs to be a policy for immigration across the UK, and that is what this Government will continue to adopt.

[Lucy Frazer (South East Cambridgeshire) (Con)]

T1. If she will make a statement on her departmental responsibilities.

--- Later in debate ---

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

T3. There have been grave reports by asylum seekers detained in immigration removal centres of sexual assault. What risk management measures have been put in place for vulnerable detainees, who may already have histories of trauma but who are detained alongside foreign national offenders who have histories of violence?

[The Minister for Immigration (James Brokenshire)]

We take our duties in relation to the operation of immigration removal centres extremely seriously. That is why, under the Home Secretary, we engaged in the Shaw review and report on how we can better identify those who are vulnerable. We will implement further changes in the months ahead to ensure that those issues are very much brought to the fore.

[Wendy Morton (Aldridge-Brownhills) (Con)]

T4. The internet has brought with it great opportunities but also, sadly, a much darker side and threats. What work is being done to ensure that paedophiles who operate anonymously online are brought to justice?

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

T8. Yesterday saw even more newspaper revelations about serious problems with COMPASS asylum accommodation contracts in Glasgow, yet emails from senior G4S staff and minutes of Home Office meetings suggest that these contracts are to be extended come hell or high water. Will not the Home Office at least have enough respect to wait for the Select Committee on Home Affairs to complete its inquiry before making any such decisions?

[James Brokenshire]

We are carefully considering the extension of the existing contracts in accordance with their terms. The introduction of the COMPASS contracts has improved the standards of accommodation, but where there are failings we will take action.

[Mr Andrew Turner (Isle of Wight) (Con)]

T5. Last Monday, my hon. Friend the Member for Reigate (Crispin Blunt) asked how many EU citizens had been deported during the last four years. Now, as I understand it, the question has been answered and we are told that only 102 EU citizens have been deported. Does the Minister acknowledge that the deportation of such a small number is rather poor?

[James Brokenshire]

I remind my hon. Friend that the Government have removed more than 30,000 foreign national offenders since 2010. The number of offenders from EU countries who have been removed has more than tripled from 1,000 in 2010-11 to more than 3,400 in 2015-16.

--- Later in debate ---

[Mr Speaker]

The Minister has less than 15 seconds to respond.

[James Brokenshire]

I think I can safely say yes.

[Mr Speaker]

I am extremely grateful to the Minister. This shows what we can do when we try.

In respectful memory of the victims of the homophobic terrorist slaughter in Orlando, I should like to request of colleagues that at 3.30 we observe one minute’s silence. Thank you.

Visitor Visas: Sub-Saharan Africa

James Brokenshire Excerpts

Wednesday 8th June 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate the hon. Member for Glasgow North (Patrick Grady) on securing this debate, and I certainly underline to him a commitment to continue to engage. The hon. Gentleman asked whether I would be prepared to consider further representations on individual parables, or examples from the discussions that he and I have had with representatives of the Scotland Malawi Partnership. I will certainly reflect on those. It may be appropriate for me to write to him on the representations that he has made to me separately, on further consideration of some of the facts that have been asserted and some of the experiences that have been described. I certainly give him that clear commitment at the outset.

I recognise that the UK is a major donor to Africa. Scotland obviously has very strong ties to Africa and to Malawi in particular through the Scotland Malawi Partnership, which has been rightly referenced during this debate. That is something to celebrate and I recognise the continued focus to which the hon. Gentleman and other Members will wish to draw attention.

I underline that the UK is welcoming record numbers of visitors. In the year to June 2015, 9 million non-European economic area visitors came to the UK—an increase of 0.5 million when compared with the previous year. We also issued 1.9 million visit visas in the year to March 2016—an increase of 2% when compared with the previous year.

Let me respond to some of the themes that the hon. Gentleman highlighted. Visas are an effective tool for the UK in helping to reduce illegal migration, tackling organised crime and protecting national security. They are an important part of the UK’s immigration system, which is fair to legitimate migrants and tough on those who flout the rules. However, I know that, for some, obtaining a visit visa for the UK can seem to be an inconvenience or to put up hurdles or obstacles. That is why the UK has invested heavily to ensure that applying for a UK visa is as straightforward as we can make it. We have upgraded our entire network of visa application centres to increase capacity. We have made our processes less bureaucratic, we ensure fast turnaround times and we offer appointments out of working hours. We have extended our five to seven-day priority service, which is now in nearly 200 countries, including 23 locations in Africa. We have also taken steps such as introducing a passport pass-back service in some locations so that customers can retain their passport while their UK visa application is being processed.

Our super-priority 24-hour visa service is building on the popularity of the five to seven-day service. It has been introduced in Pretoria and Johannesburg in South Africa and we are rolling it out to Nigeria. We judge that all those changes are working to provide greater flexibility and choice. We know that they have been welcomed by many travellers and tour operators. Ninety-nine per cent. of all visit visas are processed globally within the customer service standard of 15 days, with 85% of people who applied for a visa in the year to March 2016 being successful.

Visas, of course, play an important part in facilitating travel to the UK to maintain connections between Africa and the UK, for all the reasons highlighted by the hon. Gentleman, including debate and exchange. They underpin so many of the factors to which he drew attention. In Africa, most decisions are made significantly faster than the 15-day standard; for example, the average is 5.1 days in South Africa, 8.1 days in Cameroon and 7.9 days in Malawi.

I understand that the hon Gentleman is concerned that visas for some anti-poverty campaigners to come to the UK to speak of their experiences, including from sub-Saharan Africa, have been refused. I cannot comment on individual cases, but visitors must satisfy Home Office rules and requirements. I will dwell on this a little because I appreciate that that was one of the central points of his contribution. Some people have suggested that individuals with modest economic circumstances are precluded from being granted a visa, even if a genuine sponsor in the UK is meeting the cost of the visit. I will say in straightforward terms that all visa applications from anywhere in the world are considered on their individual merits against the immigration rules. Applicants should provide evidence to show that they meet those requirements. Visitors to the UK must show that they can be adequately accommodated and supported during their stay and can meet the cost of their onward journey. That is important to ensure that only genuine visitors come to our country and to protect our system.

There is flexibility within the rules for visitors to be maintained and accommodated by friends or relatives and also now for a professional organisation to do so. Entry clearance officers will take into account all information provided by applicants and their sponsors when making decisions on visa applications. They can make inquiries directly with sponsors where necessary. I underline the importance of providing all relevant information and details when making an application because entry clearance officers in essence have to make that decision based on the evidence provided to them. If there is some way to work with parliamentarians to underline such requirements and the information that would be looked at positively—again, we have to consider each application on its merits—that is a dialogue and a discussion I am prepared to continue with not just the hon. Gentleman but others from all-party parliamentary groups and Select Committees. Let us see whether we can help to provide further information. It is certainly not our intention to try to trip people up. It is about looking at these matters appropriately and fairly.

In the year to March 2016, 75% of all applications from sub-Saharan African nationals were granted. UK Visas and Immigration for the Africa region, which is responsible for delivering visa services across sub-Saharan Africa, offers, we believe, good customer service, with a modern and efficient visa service that received customer service excellence accreditation in both 2015 and 2016. All applicants now apply and pay online, which provides a streamlined process, and they can make appointments to submit their documents and biometrics at one of our visa application centres, of which there are 30 in sub-Saharan Africa.

I will dwell a little on some of the cost issues. Again, we believe that the UK visa offer is competitive. It costs £87, is valid for six months and is multiple entry. A Schengen short-stay visa costs around £60, is valid for three months and is single entry. We work hard to ensure that our hub-and-spoke model helps to ensure that visa applications are processed consistently. Consistency in decision making is important and was one of the factors that led us to the hub network. That is important to deliver high standards across the network. It does not represent a deterioration of service for those applicants whose documents are sent to UKVI from the country in which they reside.

I understand the difficulties for applicants in countries without application points and we do our best to mitigate disruption, including through an on-demand mobile application service. We have user pay visa application centres in nine countries in Africa where there are low volumes of applications. We seek to strike a balance in having a network of visa application centres that make things more accessible, particularly when low volumes might not support a full visa service. I know that, for example, the number of visas issued in Malawi was around 1,600 last year and remained fairly stable between 2015 and quarter one of 2016. It is about how to have a sustainable network that is able to meet the needs and provide some accessibility in that way.

[Patrick Grady]

I am grateful for the Minister’s constructive tone, but 1,600 applications in Malawi is two or three a day, so why not provide an in-house service within the consular system? Given that the system is remote and online, is there any scope for sponsoring organisations to help with applications remotely from the UK, where we have better internet connections?

[James Brokenshire]

On the relationship between UK Visas and Immigration and high commissioners, only decision makers who are entry clearance staff can issue visas. However, we have established arrangements for handling urgent compassionate cases when there are logistical barriers to issuing a visa in time for travel. UKVI works closely with colleagues from other Departments to ensure that our visa service in a given country is appropriate to the local situation and that UK interests in a particular country are given appropriate weight. We obviously have an ongoing dialogue with colleagues in the Foreign and Commonwealth Office about the visa service.

How payment is made was a factor that the hon. Gentleman and his hon. Friend the Member for Rutherglen and Hamilton West (Margaret Ferrier) highlighted. When we look at global visa services worldwide—not just from the UK, but from Schengen countries and others—they are moving to digital by default. There are issues of credit card availability for some, so it is open to others to provide their credit card to facilitate payment. It does not have to be made by the individual, but we continue to focus on how to deliver digital by default and ensure that that is understood and recognised.

I want to respond to some of the other points that the hon. Gentleman highlighted. As I said, I am always content to receive representations about the Home Office’s policies and processes and in that spirit I confirm that I am happy to receive evidence and case studies from the Scotland Malawi Partnership. In the context of some of the issues in relation to Malawi, I recognise and appreciate the close connections there. We believe we have a very good visa service in Malawi. The visa application centre in Lilongwe is open five days a week and applicants can provide their biometrics. Again, on the issue of biometrics, we have that network of visa application centres. That is becoming the default for most countries in providing visa services, and we offer the priority visa service that I highlighted, with a five-to-seven day turnaround time for applicants. On customer service standards in Malawi, 97% of Malawian visitor visa applications, including for business visitors, were resolved in line with the 15-day service standard in 2015. There was an average processing time of just 7.9 days for all non-settlement visa applications.

We are keen that the UK should continue to attract business and leisure travellers, who will help our economy to grow further, so in April 2015 we simplified the immigration system for people visiting the UK by streamlining the routes, reducing their number from 15 to four, and by creating more flexibility for visitors to do a wider range of activities. For instance, a visitor with a standard visit visa is allowed to come to the UK for a holiday, take part in a sporting event, attend meetings and visit family, instead of having to apply for separate visas for each of those relevant requirements. That has been favourably received, and certainly we continue to reflect on the visa offering, in terms of both policy and the customer service standards that are adhered to.

I very much welcome the opportunity of this debate and the manner in which the hon. Member for Glasgow North approached it, and I very much appreciated the meeting that we held with the Scotland Malawi Partnership. I look forward to continuing the discussion and certainly I will respond to him formally in relation to a number of the more detailed examples and points that he set out. I hope that that may provide a further opportunity to underline our commitment to those standards and to ensuring that the UK sends a very clear message that it is open for business and open for attracting visitors to come to this country and enjoy everything that we have to offer.

Question put and agreed to.

Resolved,

That this House has considered visas for visitors from sub-Saharan Africa.