Oral Answers to Questions

James Brokenshire Excerpts

Monday 22nd February 2016 Commons Chamber

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

10. If she will make it her policy to reduce the financial threshold for family visas.

[The Minister for Immigration (James Brokenshire)]

The minimum income threshold of £18,600 for sponsoring a partner under the family immigration rules ensures that couples wishing to establish their family life in the UK do not place burdens on the taxpayer and helps promote integration. It has been considered by the courts and upheld by the Court of Appeal.

[Margaret Ferrier]

The Joint Council for the Welfare of Immigrants has said that these rules discriminatorily affect women, 55% of whom earn less than £18,600, compared with 27% of men. The rules also disadvantage young people. What action will the Home Secretary take to reduce these unfair rules?

[James Brokenshire]

The threshold was set as a consequence of advice from the Migration Advisory Committee, which carefully considered the level of income in terms of it not being a burden on the taxpayer. The gross median earnings of all employees in Scotland in 2014 were £21,725—higher than that threshold. Issues of legal challenge have obviously been raised by the Court of Appeal. They were considered carefully and the threshold was upheld.

[Martyn Day]

The Secretary of State will have seen Amira’s story, reported by the BBC this morning. She fled Syria and gave birth to her son in the UK, but under the Government’s family visa rules, her husband, a Syrian national, is unable to join them here simply because they cannot afford the visa fees. Will the Secretary of State tell us where this British national should go to enjoy her family life? Her husband’s home country of Syria?

[James Brokenshire]

Various different routes could be available. We have the family reunion route, which might apply in these circumstances. Obviously, I am not familiar with all the issues he highlights but, equally, the Government are under certain duties regarding the protection of the welfare of children. This was considered by the court and upheld.

[Michael Fabricant (Lichfield) (Con)]

Although I take the point made so eloquently by my right hon. Friend about the burden on the taxpayer, to what extent do we take into account charges made by other countries to British nationals hoping to emigrate to them?

[James Brokenshire]

My hon. Friend makes the point about different immigration systems in different parts of the world. We have taken considered advice from the Migration Advisory Committee, looking at costs and at those burdens to see that someone does not place a burden on the UK taxpayer. Obviously, it is for other countries to assess what is appropriate in their own systems.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

The financial threshold for family visas is causing particular distress to one of my constituents, who cannot work the hours required because she is a carer for her vulnerable child. This means my constituent is living without her husband and the child is living without his father. Does the Minister acknowledge that he is at risk of creating a generation of children whose only contact with one of their parents will be via Skype?

[James Brokenshire]

No, I do not accept that, and these issues of the welfare of the child are absolutely part of our consideration. This matter was considered by the Court of Appeal and our approach was firmly upheld. When the threshold was set in November 2011, the MAC gave the lower threshold of £18,600 but also advised that the threshold could have been set as high as £25,700. The Government reflected and set the current level, which has been upheld by the courts.

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

The Minister mentions the Court of Appeal, but of course the matter is not entirely settled because this week the Supreme Court will hear the cases of two British nationals who cannot meet the tough financial rules that would allow their non-European Union spouses to come to live with them. The hon. Member for Hampstead and Kilburn (Tulip Siddiq) mentioned Skype. According to the Children’s Commissioner for England, 15,000 British children are growing up in Skype families, where the only contact they have with one parent is via Skype. How can the Minister justify the stress and anxiety caused to these children by the inflexible and unjust rules?

[James Brokenshire]

I do not accept the characterisation that the hon. and learned Lady presents—indeed, I do not recognise the number she proffers. This is about ensuring good integration, which is part of the overall requirement in relation to language. This is about not only not imposing a burden on the taxpayer but about promoting integration, and we believe the policy is effective in doing that.

[Joanna Cherry]

Last year, the Conservative think-tank, Bright Blue, called on the Government to change these rules, noting

“the significant contribution millions of low paid Britons make to our economy and society, as well as the value of having families living together in the same country.”

If the Minister will not listen to the Opposition, will he at least listen to a think-tank from his own party and get rid of these rules, which discriminate against hard-working families?

[James Brokenshire]

I say again that we do not believe the rules are discriminatory in the way the hon. and learned Lady suggests. The system is in place to ensure good integration. It ensures that people are not a burden on the taxpayer, and I would have thought she recognised that as being a positive aspect of the policy. If people come here, contribute and settle, we welcome that, but the rules have been set in the way they have, this has been upheld by the courts and we will continue to underline those key themes.

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[Fiona Bruce (Congleton) (Con)]

T3. The Government have agreed to work with the United Nations High Commissioner for Refugees to create a new initiative to help resettle unaccompanied children from conflict regions. Will the Minister confirm when the initiative will begin and say which organisations the Government will work with to help identify those children?

[The Minister for Immigration (James Brokenshire)]

Yes, we are working with the UNHCR on the development of a new initiative to settle unaccompanied children from conflict regions outside the EU. Discussions are ongoing with the UNHCR—we have had a roundtable meeting already with a number of non-governmental organisations—and we will obviously come back to the House shortly, when our consideration has concluded.

[Hannah Bardell (Livingston) (SNP)]

T2. Following on in the trafficking vein, I want to ask a question about a constituent of mine. I cannot name her because of her vulnerability. She was human trafficked from Nigeria to the UK and held in domestic slavery in London, but escaped to my constituency over 10 years ago. She now has a family and a husband—her children were born in Scotland—but she cannot get indefinite leave to remain. The Home Office has not been at its most helpful. Will the Minister meet me to discuss this issue and see what can be done to help this family settle in Scotland?

[James Brokenshire]

The hon. Lady has raised what appears to be a very serious individual case. If I may, I will speak to the hon. Lady after this session to obtain more details, and we will obviously respond to her formally.

[James Heappey (Wells) (Con)]

T4. I have met a number of police officers in my constituency who have witnessed extreme trauma while on duty and have been diagnosed as suffering from mental illness or injury as a result. Yet the arrangements for their sick pay and their medical discharge and pension seem to be strikingly different from that of those who have suffered physical injury in the course of their duties. Does my right hon. Friend agree that, given the Government’s pursuit of parity of esteem between mental illness and physical illness, police forces should ensure that all injuries or illnesses attributable to service are supported in the same way?

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

The Prime Minister has claimed that he has delivered on his promise that

“if an EU jobseeker has not found work within 6 months, they will be required to leave”—

a promise that he made to JCB workers on 28 November 2014. However, in reply to my written question, number 17574, in December last year, the Immigration Minister admitted that EU migrants can

“keep the status of jobseeker for longer than six months”.

Will the Home Secretary clarify who is right—the Prime Minister or the Immigration Minister?

[James Brokenshire]

I think we can safely say that the Prime Minister is right. In a few moments, my hon. Friend will hear precisely how the Prime Minister has set out the agenda in relation to welfare benefits.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

T9. I was proud to join Housing for Women last week to celebrate the first anniversary of its operating the women’s refuge in Merton. It supported 38 women and 45 children in 2015. Unfortunately, not all refuges are in the same position, with 30 closing over the last year and 42% of rape crisis centres not having money beyond next month. Will the Home Secretary do everything she can to ensure that no woman is forced to return home to a violent partner and, possibly, to her death?

Migration into the EU

James Brokenshire Excerpts

Wednesday 10th February 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

It is a rare privilege to see you in Westminster Hall, Mr Deputy Speaker. It is a pleasure to serve under your chairmanship, and previously that of Mr Rosindell. I congratulate my hon. Friend the Member for Gravesham (Mr Holloway) on securing this wide-ranging debate, which has touched on a number of issues relating to migration into the EU. I thank other hon. Members for their contributions.

It is important to set out the context of the debate, as others have. We are experiencing movements of people into the EU on a scale that has not been seen for generations. Some have sought to liken it to past events, but the situation we are dealing with is very different, given the number of nationalities involved, the nature of the situation and the mix of refugees with those who come to the EU seeking a better way of life, so looking for parallels with past events is challenging.

We can be clear that European member states face an unprecedented number of refugees and migrants, primarily from the middle east and Africa. More than 950,000 refugees and migrants reached the EU last year on the Mediterranean routes. About 800,000 arrived in Greece, the majority of whom were Syrian. Some 150,000 arrived in Italy after making the dangerous sea crossing from Libya. More than 3,500 people drowned, and many more have died or suffered at the hands of smugglers and traffickers en route.

Some Members called today for the Government to provide a humanitarian response. Some, such as the hon. and learned Member for Edinburgh South West (Joanna Cherry), even suggested that we were washing our hands of the problem. I would rather characterise it as the Government and the country rolling up our sleeves. We can be proud of the steps that this Government have taken, which reflect our moral approach to such issues. We have considered the problems at hand, dealt with them at source and brought countries together to solve the problems that lie behind the migration crisis into the EU.

It is notable that this debate comes hot on the heels of last week’s London conference, where nations came together to pledge £10 billion. Important though it is, however, this is not just about money; it is about direct assistance for hundreds of thousands of people. Indeed, the conference’s outcomes included the commitments to create 1.1 million jobs for Syrian refugees and host country citizens in the region by 2018, and to ensure that none of the more than 1 million affected children will become part of a lost generation, with assurances about quality education and equal access for girls and boys. The UK has contributed an additional £1.2 billion, raising the money that we have committed to £2.3 billion. We are not “washing our hands”; we are responding appropriately to a huge crisis.

People have asked about our contribution within the EU. The UK has just increased its aid to migrant children in Europe and the Balkans to £46 million, divided among the most affected countries and including specific support of £2.7 million for UNICEF. We have also announced in recent weeks a new £10 million fund to support the needs of vulnerable refugee and migrant children in the EU.

Securing the EU’s external borders is a key part of addressing the crisis. Although the UK does not participate in Schengen border arrangements, a well managed external EU border is in our national interest. The Government fully support the European Commission’s hotspots proposal, which is aimed at addressing the continuing failure of some member states quickly to fingerprint and process arrivals and to provide protection to those who need it and return those who do not. It is unfortunate that implementation has been regrettably slow, and we will continue to press the Commission and all member states to act with urgency in establishing processing centres. We will also provide resource and expertise as and when required to ensure that people are processed when they arrive in the Greek islands or elsewhere, and that those in need of support and those not can be identified.

[Mrs Main]

I support my right hon. Friend in that aim. Frontex has shown that more than 1.8 million people have entered Europe illegally, yet only several hundred thousand have been sent back, so there is an obvious need for the additional support that our country has given.

[James Brokenshire]

We will provide assistance to the European Asylum Support Office and to Frontex to help with the establishment of processing centres right on the frontline, to help deal with the problem and co-ordinate things on the ground. That is a core priority. We also continue to support Frontex in its mission to rescue people from the sea. I pay tribute to the Border Force officers, Royal Marines and military medics currently on the VOS Grace, which has rescued several thousand people over recent months and will continue its operations, transferring to off the coast of Libya at the end of this month.

The link between organised crime and migration is clear and unprecedented, and has contributed directly to ongoing suffering and loss of life. For that reason, the UK is playing a leading role in tackling people smuggling and is increasing joint intelligence work to target the cruel gangs that exploit human beings for their own gain. The work of the organised immigration crime taskforce is progressing, bringing together 100 officers from the National Crime Agency, the Border Force, immigration enforcement and the Crown Prosecution Service to pursue and disrupt the organised crime gangs operating across Europe and Africa. We are also harnessing intelligence through Europol, which is proving helpful and fruitful.

I have been challenged about our response in Europe, and I have already identified not only the support that we are providing in the Syrian region but the direct support that we are providing in Europe. Since the crisis began the Government have been clear about our view on relocation: it is the wrong response. It does absolutely nothing to address the underlying causes of the crisis, and it does nothing more than move the problem around Europe. The reality is that it has not even been good at doing that. Commitments have been made over recent months to relocate 160,000 people, but only 497 people have been relocated to date. Instead, we believe that it is most effective to provide support to countries facing particular pressures, and our focus will remain on helping the most vulnerable who remain in the region as part of a comprehensive strategy to end the crisis.

[Stuart C. McDonald]

If the Government will not take part in relocation, what should happen to the million people who arrived last year and the million who will arrive this year? Where should they go? Who should take on that responsibility?

[James Brokenshire]

We have clear rules in Europe that those in need of humanitarian protection should claim it at the first opportunity. We have provided aid assistance and expert support within Europe, and we stand ready to commit more to the hotspots initiative, ensuring that those in need of protection can be better identified. In the past fortnight, we announced the £10 million fund that I mentioned earlier, part of which is intended to harness the Dublin regulation by supporting effective identification of children who need to be reunited with their family. Where family reunion under the regulation is achievable, we will help to match things up by having better systems in place. That is about direct assistance.

[Stephen Gethins]

Further to the point made by my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), is the Minister suggesting that Malta, for example, should deal with the refugees that arrive there on its own without the UK lending a supporting hand?

[James Brokenshire]

As I have indicated, the UK is more than lending a hand by dealing with some of the significant factors that push people to cross the sea and with the organised immigration crime that is facilitating that. We are also providing expert support to the European Asylum Support Office, Frontex and Europol. The UK is demonstrating, through a broad range of measures, its commitment to solidarity with European partners in dealing with the crisis at hand.

On returns, which some Members have referred to in the debate, the unprecedented numbers of migrants and refugees arriving in Europe mean that it is more important than ever that each and every EU member states fulfils its responsibilities to process all those arriving, provide refuge to those who need it and return those who do not. As part of those efforts, all member states must have legislation and processes in place to identify and weed out abuse of their asylum system.

[Julian Knight (Solihull) (Con)]

Will the Minister praise the work of local councils in stepping up to the plate when it comes to the migrant crisis? For example, Solihull Metropolitan Borough Council has dealt with a large number of unaccompanied asylum-seeking children and has become a beacon of best practice in the west midlands.

--- Later in debate ---

[James Brokenshire]

I commend a number of councils on the support that they have provided in welcoming refugees under the vulnerable persons resettlement scheme, and I commend my hon. Friend for highlighting his own council. I pay tribute to councils in Scotland that are providing such support, as well as to the charities and other organisations standing behind them. On the work on unaccompanied asylum-seeking children, I recognise the pressures in counties such as Kent, and measures in the Immigration Bill, which is currently in the other place, are intended to assist with that.

The Government’s consistent focus has been on finding a comprehensive and sustainable solution to the refugee crisis. The Prime Minister has continued to emphasise the need for the EU to deal with the root causes of the crisis, not just to respond to the consequences. In Syria that means working with the international community to bring about an end to the brutal conflict there and to defeat Daesh. The UK has been at the forefront of the response to the crisis in Syria and the region. In Libya that means helping to form a Government of national accord who can regain control of Libya’s borders and tackle the smuggling gangs. In Turkey it means working towards comprehensive border management, ensuring a humanitarian response to those reaching that country and disrupting the organised criminal networks that look to profit from the plight of others. The UK is also playing a leading role in Africa.

The migration crisis continues to evolve. The Government maintain a leading role in seeking to join together international partners in the EU and elsewhere. We can be proud of our response, but we remain vigilant. We need to carry on providing support in many different ways, but the UK can look with pride at the steps that have been taken already. We will continue to do our bit.

Asylum Support Contracts

James Brokenshire Excerpts

Wednesday 10th February 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

It is a pleasure to serve under your chairmanship, Mr Stringer. I congratulate the hon. Member for Cardiff South and Penarth (Stephen Doughty) on securing the debate, and on his approach to it. I want to give credit to the charities and organisations that he referred to, which provide support to refugees and asylum seekers in his constituency and across the country.

This country has a proud history of many years of offering sanctuary to those genuinely fleeing persecution. We can look at our record with pride. That was underlined in the speech of the hon. Member for Middlesbrough (Andy McDonald), who also described the welcome that asylum seekers and refugees fleeing conflict receive in his area. It is important to recognise that clear message, and the Government remain committed to providing an asylum system that protects and respects the fundamental rights of individuals who arrive on our shores seeking refuge from persecution. I have made it clear in previous speeches in the House that I expect those who arrive and receive support to be treated with dignity and respect. I have also underlined the fact that actions that stigmatise, isolate or publicly identify asylum seekers should not be taken. Obviously, several cases that have been mentioned this morning highlight such a picture. Such actions are completely inappropriate, and I welcome what has been done to remedy the situation.

I will come on to the inspection regime and reflect on some of the results of the audit of properties in Middlesbrough. During this financial year, about 50% of properties in Middlesbrough have been visited as part of the most recent audit, in addition to ongoing work. The focus of the team of inspectors is on inspecting about one third of all the properties in the overall portfolio.

The Government provide support through the COMPASS contracts with three contractors—Serco, G4S and Clearsprings Ready Homes. Those contracts provide asylum seekers who claim to be destitute with full-board accommodation in so-called initial accommodation while their means are assessed and, following that, in dispersed accommodation in dispersal areas throughout the country. Since 2012, following a rigorous governance and approval process, UK Visas and Immigration has delivered asylum support services via the COMPASS contracts with the three external providers: Serco in the north-west, Scotland and Northern Ireland; G4S in north-east Yorkshire, Humber and the midlands; and Clearsprings Ready Homes, in London and the south and Wales. The COMPASS suppliers are contractually required to provide safe, habitable, fit for purpose accommodation to comply with the Housing Act 2004 and the decent homes standard. The Home Office has governance and approval processes for all services that we procure externally, including consultation with other Departments as appropriate. All Home Office service contracts include performance standards, which are defined in the contract and managed using key performance indicators.

I want to talk about the issue raised in the National Audit Office report, and some of the assessments that have been made since. As the report highlighted and as hon. Members have said in their speeches, it was clear that the transfer to the COMPASS contracts in the initial period was difficult and bumpy. There were issues, and that was reflected in the fact that the service credits that we impose where key performance indicators are not met stood at £5.6 million in 2012-13 under the COMPASS contracts.

Since the NAO report we have worked closely with COMPASS suppliers to improve standards, using the NAO’s recommendations. That has included conducting joint accommodation inspections and training to ensure consistency in monitoring activities. It has also involved suppliers improving the policies and processes that they use to deliver their maintenance service, investing in existing stock, and replacing properties that did not meet quality standards. In the early years quality standards were not good enough. The situation has improved since then, and in the financial year 2014-15 the service credits that were levied had fallen to £158,000.

[Jo Stevens]

Is there anything in that contract—because, of course, we cannot see it—that provides for the Government to terminate it if there is persistent failure against the KPIs?

[James Brokenshire]

The contracts, with commercial details redacted, are available through the gov.uk website. Obviously I can point the hon. Lady to the relevant details. However, I want to underline the change in the KPI position and the fact that sums levied under service credits have markedly reduced. That is not to say that I am satisfied with the issues that hon. Members from across the House have presented to me today, particularly about the complaints process and the complaints that are being raised.

One issue that has come from the Middlesbrough audit, which I hope to publish later today, relates to inspection. I mentioned that a third of properties were being inspected, and I believe the focus is primarily on the accommodation itself—whether the decent homes standard is being met and what steps are being taken to remedy defects that are identified. The audit has not indicated complaints coming through about the red doors issue, for example, or indeed wristbands. Therefore, as one of the actions coming out of the audit, I have asked my officials to review the issue of complaints and how they are escalated, as well as the questions that inspectors ask the people who use the accommodation, to see that any concerns related to the performance indicator on complaints can more readily come to our attention.

[Stephen Doughty]

Given the points that have been made today, is the Minister satisfied with what is happening in relation to the specific issues affecting women and children? Is there is the right staffing balance to deal with them, and is there the right level of training, particularly for dealing with people who may have been trafficked or subjected to sexual violence? Will he commit to looking specifically at that issue?

[James Brokenshire]

The hon. Gentleman knows that I am happy about the steps that we have taken with the national referral mechanism, and he knows the importance that we attach to the issues of enslavement and trafficking. The information received from Europol is that about 90% of those who arrive on our shores have been trafficked in some way to get to their destination.

I want to underline the message that the COMPASS contracts are delivering savings. We see them as being on track to deliver about £137 million of savings. Two of the contractors have said publicly to the Public Accounts Committee that they are making losses in this context, so we believe we are getting value for money. We are getting improvements in the quality of the accommodation; it is the issue of complaints that concerns me. Some of the refugee charities have highlighted issues, which I will reflect on in light of the audit and inspection. I will see how things can be better targeted, how the contracts can continue to deliver and, equally, how the voice of the recipients can be better reflected. That will enable us to improve the way we pick up on issues such as those that have been identified, which have rightly caused concern.

Motion lapsed (Standing Order No. 10(6)).

Riot Compensation Bill

James Brokenshire Excerpts

Friday 5th February 2016 Commons Chamber

[Lyn Brown]

My right hon. Friend is absolutely right—the businesses that were affected in my constituency were small businesses along the Barking Road in Canning Town and, indeed, some in Green Street. As he rightly says, they are not like the businesses in Westfield that have massive resources behind them to enable them to make the claims, clean up quickly and get on with their economic lives.

Amendments 2 and 3 would ensure that victims were entitled to compensation for costs incurred as a result of having to seek alternative accommodation. We support those amendments too. Families should not be pushed into severe financial difficulty because their homes have been rendered uninhabitable by circumstances way beyond their control. Some families affected by the 2011 riots were not able to live in their homes for months, and some for years afterwards, putting them in severe financial difficulty. That was particularly the case in the private rented sector, but it also applied to some homeowners. We all know how expensive short-term rented accommodation can be, particularly here in London. It is only right, therefore, that that should be accounted for in the compensation awarded. I therefore urge the House to accept amendments 2 and 3.

Finally, let me turn to amendment 8, which would ensure that any money claimed in compensation for emergency relief in the immediate aftermath of a riot did not lead to a reduction in the amount of compensation a claimant might receive. It is shameful that this sort of deduction was made in 2011. We support the amendment, because people putting money into charity buckets to help their neighbours through the turmoil of rioting do not expect the compensation due to those victims to be reduced as a result of their kindness. I am not surprised that my hon. Friend the Member for Croydon North reports that his constituents were aghast that their donations led to a reduction in the compensation doled out.

My right hon. Friend the Member for Tottenham also argued in Committee, I thought convincingly, that we do not want to discourage big businesses from helping out small businesses with which they share a high street. Deducting payments as a result of charitable giving would have precisely that unwelcome and rather unpleasant effect. I urge the House to accept amendment 8 so that, in the unwelcome event of future riots, the police and charities can work together to help communities, rather than treating support as a zero-sum game.

I heard what the hon. Member for Dudley South had to say on that matter, but I now look forward to hearing from the Minister on these issues, because I am sure he is going to make us very happy today.

[The Minister for Immigration (James Brokenshire)]

I, too, want to associate myself with your comments, Mr Speaker, following the sad loss of Harry Harpham. Members throughout the House can all say that Harry was a dedicated public servant. Although we had the privilege of having him in the House only for a short time, he clearly served with distinction in his community, having sat on Sheffield City Council, and he was dedicated to public service. The fact that as recently as 20 January, Harry was here at Prime Minister’s questions standing up for constituents on an issue he believed in, Sheffield Forgemasters, underlines the sort of person he was, the dedication he showed and the fact that he always wanted to stand up for his constituents. The whole House will wish to pass its condolences, thoughts and prayers to his wife, Gill, his children and his whole family, his friends, colleagues and everyone who knew him and who mourns his loss.

I congratulate my hon. Friend the Member for Dudley South (Mike Wood) on the manner in which he has sought to advance the Bill. He has clearly reflected on the helpful debates in Committee, to which the Minister for Policing, Crime and Criminal Justice responded. The Committee worked on themes that were started on Second Reading. I believe that my hon. Friend’s amendments are helpful additions and clarifications to the Bill.

Amendment 1 deals with the time limits, which are set at not less than 42 days and 90 days respectively for lodging claims and producing detailed evidence. That is the right approach to the lodging of an initial claim, and then it is right to allow more time for detailed information to be provided. We support placing those minimum requirements in the Bill.

For clarification and for the further assurance of right hon. and hon. Members, I underline that there might be some exceptional circumstances in which more time is required, perhaps when a claimant falls ill and cannot meet the deadlines, when evidence has been destroyed or cannot be accessed owing to riot damage, or when final cost estimates are contingent on other processes such as planning permission or some other regulatory requirements. We expect the regulations sitting alongside the Bill to provide some flexibility in extenuating circumstances and to allow extensions of time, while recognising the framework and the statutory minimums set out in the Bill.

Amendments 2 and 3 deal with payments for alternative accommodation. They will allow compensation to be paid to uninsured individuals whose home has become uninhabitable as a result of a riot, to cover the cost of alternative accommodation. Amendment 3 makes it clear that regulations may provide for further details of considerations to be taken into account when such claims are made, as well as the length of time for which such costs may be covered.

During the passage of the Bill, Members have highlighted a number of cases in which their constituents had suffered significant hardship following the 2011 riots. We have certainly heard that from the right hon. Member for Tottenham (Mr Lammy) and the hon. Member for Croydon North (Mr Reed).

[Mr Lammy]

On the issue of constituents who live in private rented accommodation, I recognise that regulations might be the best place to indicate the length of time for which support will be given, but can the Minister provide us with any clarity about whether he considers that to be a matter of weeks or months? People can be living without virtually everything for a considerable length of time after a catastrophe of this sort.

[James Brokenshire]

At this stage, it is probably best for me to say that we will reflect further before we bring forward the regulations. The right hon. Gentleman has made some important points on behalf of his constituents. I know from our discussions back in 2011 the direct impact of the issues that he rightly took up on behalf of his constituents. Other Members also made direct challenges on behalf of their constituents. We will continue to reflect carefully on the issue as we move towards drawing up the regulations. That is the right approach and provides us with an opportunity to reflect further on the important and powerful points that have been made.

It is the Government’s position that consequential losses should not be covered by the Bill, particularly bearing in mind the impact on the public purse. We agree that it would be unfair for legislation intended to help those in the greatest need not to provide support to people who have lost their homes, so we support the proposed exception to the prohibition on compensation for consequential losses to permit individuals to recover the additional costs of alternative accommodation following a riot.

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[Mr Steve Reed]

I take the right hon. Gentleman’s point about the public purse, but what reassurances can he give that charitable donations from members of a community that were given to help victims in the locality will not be—rather than should not be—deducted from official compensation payments?

[James Brokenshire]

Again, the best place to deal with that and give clarity about the operation of the Bill is in regulations. I hope that given what I have said today about the intention to introduce regulations to sit alongside the Bill, hon. Members will be reassured on this important point about charitable donations. The right hon. Member for Tottenham indicated that he thought the best place to deal with that would be in regulations. That is our judgment too, but I hope that what I have said to the House is helpful in providing clarification and setting out the how the Government will seek to operate the provisions in the Bill. Obviously, right hon. and hon. Members will be able to examine the regulations when they are published, following Royal Assent—we hope that will happen, but both Houses need to give the Bill their consideration.

[Mr Nuttall]

I appreciate the points the Minister has made. In the internet age, donations from the public often come through crowdfunding exercises. Will he confirm that the regulations will make it clear that funds raised in that way for the purposes he has just set out—I appreciate the distinction he made with respect to the purposes—will also be excluded?

[James Brokenshire]

The most important thing is that we define the charitable purpose for which contributions have been made, rather than reflecting on the manner in which those moneys have been given. It is about the fundamental purpose, although my hon. Friend makes an interesting point that people will want to examine as we introduce the regulations. I hope that my comments have helped in our consideration of the amendments.

[Mr Speaker]

Does the hon. Member for Dudley South (Mike Wood) wish to contribute further?

--- Later in debate ---

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

That’s killed his career.

[James Brokenshire]

I do not know whether I am going to blot my copybook now or not, but I thank the hon. Lady for approaching this group of amendments in a constructive way, as she and the right hon. Member for Tottenham (Mr Lammy) did in Committee. That is the approach we have taken across the House, recognising that there is an issue in the Bill, and seeking to sensibly examine what is appropriate in terms of the manner in which it has been framed.

In introducing the amendments, the right hon. Gentleman highlighted his desire to probe these provisions and to ensure that the House has the opportunity to scrutinise them properly so that right hon. and hon. Members have the chance to underline important issues. He mentioned the Comptroller of Her Majesty’s Household, my hon. Friend the Member for Croydon Central (Gavin Barwell), who has also fought tirelessly on behalf of his constituents. Obviously, his role on the Front Bench means that he is not able to take part in these debates in the manner that we are. However, it is for him, the public and all of us to consider what the right mechanism is and to ensure that the Bill is appropriately examined so that we get it right. That is the overarching theme reflected in our debates on Second Reading, in Committee and on Report this morning.

I want to draw attention to the operation of clause 8(8), which gives the Secretary of State the ability, through regulation, to make changes to the overall cap of £1 million set out in clause 8(1). It is important to look at the Bill’s subsequent provisions, which, again, underline the protections that are there. If regulations come forward to increase the level of the cap, that would be by the negative procedure. To have an additional safeguard if, say, the level was to be reduced—that would certainly not be our intention—that would be by the more positive affirmative regulation mechanism. That, again, reflects the spirit in which the Bill has been approached and the manner in which it has been examined.

The right hon. Gentleman highlighted a number of measures in the letter my right hon. Friend the Member for Hemel Hempstead (Mike Penning), the Minister responsible for policing, fire, criminal justice and victims, wrote to the Chair of the Public Bill Committee. Obviously, in previous consultations, we examined different ways in which compensation should be capped. My hon. Friend the Member for Dudley South (Mike Wood), in a very clear contribution to the debate, set out why that is needed and some of the thought processes involved. On further analysis, it was felt that the £2 million turnover cap initially suggested by Neil Kinghan would have meant more claimants not being able to get through the mechanism, with additional bureaucracy attached to the process. It was felt that that was not the appropriate way forward.

Through the different amendments, the right hon. Gentleman has made a number of different suggestions. I know he was not seeking to favour one over the other, but rather to ask, “Have we properly examined this? Have we properly thought this through?” In terms of replacing the £1 million compensation cap by a £10 million cap, the experience of the riots of August 2011 demonstrates that it is not right for the taxpayer to shoulder the burden of unlimited liability. As my hon. Friend highlighted, liability for the Sony claim alone has already run into tens of millions of pounds, so it is clear that a cap is needed. As a point of principle, it is not unreasonable to expect a business with more than £1 million in assets to take out insurance to protect itself from a wide range of risks. The £1 million compensation cap was generally welcomed by stakeholders. It will provide full protection to the vast majority of individuals and businesses, while ensuring that liability to the public purse is not unlimited.

--- Later in debate ---

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I do not think I am going to shock you by saying that I have had absolutely no indication of anybody coming forward with a statement. However, the hon. Gentleman has quite rightly, as ever, raised the matter, it is on the record, and I am sure that people in different Departments will be listening as we continue this debate.

[James Brokenshire]

A £1 million cap strikes the appropriate balance between protecting the public purse and helping those who need it most. Increasing it to £10 million would increase police and public purse liability tenfold, which is neither necessary nor appropriate. If the cap were raised to £10 million, the most likely beneficiaries would be insurance companies seeking to reclaim the costs of any very large claim from the relevant police and crime commissioner. I do not think that that was the intent behind the right hon. Gentleman’s approach in his amendment, but I respect the manner in which he has sought to draw the House’s attention to how we have reached this point and why we judge that £1 million is the appropriate level.

The right hon. Gentleman has proposed, as an alternative, that there should be regulations following a public consultation, with reviews taking place every three years. As I said, we believe that there is a compelling reason for having a cap in place. There are benefits that attach to having certainty on the level of the cap, with it being clearly defined, rather than perhaps having further uncertainty in the future as to what it might be. Leaving it to be set by regulations after a public consultation would serve only to remove certainty and increase bureaucratic burdens. A public consultation would achieve very little, given that 99% of claimants would have been paid in full from August 2011.

[Mr Lammy]

As this Bill and its consequences are a matter of public record, will the Minister undertake to write to hon. Members who have one of the six businesses beyond the Sony claim in their constituencies? I would certainly like to know whether there were any businesses in Tottenham that experienced a claim of more than £1 million, and the nature of those businesses. That would be helpful for the record as we move forward.

[James Brokenshire]

I do not know whether I am able to give the right hon. Gentleman the assurance he seeks, on the basis of legal constraints or data protection issues, but I note his point. I will reflect on it, and if there is anything more that I may be able to add, then I will obviously be happy to write to him. However, I draw the House’s attention to the fact that this might not be quite as straightforward as he suggests and there may be inhibitions that would prevent that sort of broader disclosure.

The Bill already provides for the power to amend the compensation cap through regulation should it be necessary to adjust it to reflect inflation. It would be a relatively simple task to examine cost of living and property price changes in the period since the cap was last set and apply any change to its level before making compensation payments.

In Committee and again today, the right hon. Gentleman raised the issue of regional variations that might affect the cap. The £1 million cap was determined using claims information from the London riots in 2011. One could say, therefore, that the analysis was conducted on claims from one of the most destructive riots in a generation in one of the most costly regions in which to live. It was a very serious example and the right benchmark. On that basis, the cap would not only adequately cover Londoners in the event of a future riot, but more than adequately cover those in other regions. That is the approach we have taken. I reiterate that according to our analysis and that of the Association of British Insurers, had the £1 million cap been in place for the August 2011 riots, then 99% of claims would still have been paid in full.

I hope that in the light of those comments the right hon. Gentleman will be minded to withdraw his amendment.

[Mr Lammy]

As I indicated, these are probing amendments. The whole House has heard what the Minister and the hon. Member for Dudley South (Mike Wood) said, and I understand that the Bill will now go to the other place and receive further scrutiny. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: 2, page 5, line 23, at end insert

“, except in the circumstances described in subsection (2A).

‘(2A) Where a claimant’s home is rendered uninhabitable, the amount of compensation may reflect costs that the claimant incurs as a result of needing alternative accommodation.”

Amendment 3, page 5, line 26, at end insert—

‘( ) considerations that decision-makers must take into account in deciding the amount of compensation payable as a result of a claimant needing alternative accommodation (and the regulations may include provision limiting the amount of time for which the costs of alternative accommodation may be claimed),”—(Mike Wood.)

--- Later in debate ---

[James Brokenshire]

We are verging the language used on Second Reading when we discussed how the terms of the existing Riots (Damages) Act 1886 are not fit for the purpose of providing compensation in the event of a riot. The Bill provides good flexibility. It is important to recognise that it enables matters to be dealt with by way of secondary regulation. If certain changes are required, we would not necessarily have to address them through primary legislation, with all that that entails. Indeed, as has been discussed, the Bill enables us to increase the overall cap by negative procedure.

In essence, our debate on amendment 10 is about whether primary legislation should include a mandatory requirement to review. In our judgment, that is not necessary, because of the flexibility given by the Bill, which has been well debated. The scrutiny the House has given it means that it is now fit for purpose for the years ahead, because of the latitude it contains. It enables changes to be made in a relatively straightforward way through the processes and procedures of this House and the other place.

The amendment addresses the question of the regularity of scrutiny and whether a review should be undertaken every time some form of riot takes place. In our judgment, that is bureaucratic and we question whether it would achieve the desired result. It is always open to Government to review legislation, and it is absolutely right and proper that they keep it under close review. That may not necessarily happen on a timed basis, but an event may occur to which the Government will respond—indeed, the House may prevail on the Minister in question to do this—by conducting a review of the legislation, to judge whether it is still appropriate. The Bill does not prevent that flexibility—far from it. It can still happen.

My hon. Friend the Member for Dudley South (Mike Wood) has spoken of the general approach to reviewing all legislation within three to five years of the date of Royal Assent. Therefore, in any event, come what may, there will be an assessment of the Bill. Rather than having fixed points, the Bill provides flexibility to make changes. The regulatory framework enables the issue to be contemplated in that way—it provides latitude—and that is the appropriate way to deal with it. Indeed, it is right and proper that, if such events were to happen, the House could say to the Government, “Look at the Bill now. This is the right time to do it,” without that being reflected formally in the Bill. For those reasons, we judge that the amendment is not needed.

[Lyn Brown]

rose—

[James Brokenshire]

I will, in due deference, give way to the shadow Minister.

[Lyn Brown]

Very brave. I say gently to the Minister that I was a bit flabbergasted by the length of time that passed before the introduction of such a Bill. There was a period of unrest in the 1980s, during my early childhood, and I can recall being in a restaurant in Leicester Square on my way to a concert during the poll tax riots. I am surprised, therefore, to be debating a Bill on a matter that has not been revisited during that time. Given that these things happen, given that there can be long periods of time between such occurrences and given that our predecessors did not see fit to revisit the legislation despite some fairly appalling riots in our capital city and elsewhere, why does the Minister genuinely believe and take comfort from the fact that the Bill is somehow different, and that 150 years will not pass before it is revisited?

[James Brokenshire]

The hon. Lady makes a fair point. I am sure that anyone who has been caught up in a riot, and who has suffered loss or damage as a consequence, feels that hugely keenly. We are talking not just about the immediacy of the situation and the fear that it creates, but about what that means in restoring a life, putting property back into place and dealing with adverse effects on a business. That has been at the heart of our debates on the Bill, and that is why I welcome and strongly endorse the approach of my hon. Friend the Member for Dudley South in bringing forward the Bill and seeking to address the problem.

There are a couple of points that I would make. First, the Bill has been drafted in a manner that allows greater latitude than the Victorian legislation. I return to the point about not requiring primary legislation. Dealing with things in secondary legislation gives greater latitude and flexibility to make changes to the regulatory framework more swiftly. That reflects the fact that other items may need to be covered, or the cap may no longer be appropriate. The Bill provides a real benefit in offering that level of flexibility.

Secondly, the hon. Lady made a point about individual occurrences and events, and she pointed to some serious incidents that might have made a review appropriate. The latitude provided by the Bill lends itself well to that, because it will not be necessary completely to recast primary legislation. Some riotous disturbances may not lead to a significant number of claims, so it might not be appropriate to trigger a formal procedure such as that proposed in the amendment. The student riots in 2010, for example, involved significant policing challenges but attracted fewer than five compensation claims. We have the ability to carry out such a review, but we do not need anything with quite such a rigid structure. I suggest to the House that the Bill gives the Government the flexibility and the latitude that they need. In that context, I hope that the right hon. Member for Tottenham will be minded to withdraw his amendment.

[Mr Lammy]

The shadow Minister, my hon. Friend the Member for West Ham (Lyn Brown), has expressed my views strongly from the Dispatch Box, and I hope that the matter will receive greater scrutiny in another place. Self-evidently, issues arise in the peculiar event of riots, and the Government ought to think seriously about producing some sort of impact assessment, which need not be onerous. I undertake to write to colleagues in the other place to ensure that that receives further examination.

As I have listened, not to myself but to my hon. Friend, I have been convinced of my own argument. Nevertheless, I will not press the amendment to a Division. This is an important Bill, and it must find its way to the other place. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Third Reading

--- Later in debate ---

[James Brokenshire]

I pay tribute to my hon. Friend the Member for Dudley South (Mike Wood) for his excellent stewardship of the Bill. It takes enormous focus, dedication and drive to take a private Member’s Bill through this House. It is not straightforward. I commend him for identifying this important issue, which has affected so many of our communities, and for having the ability, early in his parliamentary career, not only to bring the Bill forward, but to chart its passage through this House. It will now go on to the other place and, I hope, become law so that he achieves what he wants, which is to provide the protection and benefit of a safety net for those who are drawn into something that we hope will never happen, but which experience tells us might happen. We need those protections to be properly in place so that we no longer need to fit into the Victorian legislative framework, with concepts such as “riotous or tumultuous assembly”, but have legislation that reflects the needs of our modern society.

As we prepare to send the Bill to the other place, I want to express my gratitude to Members on both sides of the House who have engaged in a constructive and thoughtful debate on these measures. They have added to our scrutiny and consideration, and have added benefit to the Bill. We have reflected on how best to support communities, families and people in recovering from the often devastating impacts of riots.

Some of the contributions with the greatest impact have been made by Members who represent riot-affected constituencies. They have spoken movingly and with passion about the difficulty and distress that is caused to individuals, families and business owners by riots, particularly those of 2011. Five people—Trevor Ellis, Haroon Jahan, Shahzad Ali, Abdul Musavir and Richard Mannington Bowes—lost their lives in those riots. It is right that we remember them at this time. Our sympathies remain with their families, friends and all who loved them. Their memory reminds us of the impact that these appalling events can have. Although our debate has rightly and inevitably been about issues of compensation, it is people’s lives that we are talking about. The contributions of many right hon. and hon. Members have underlined that point. This Bill is important because it will help people build their lives back up after such appalling events.

The Bill will not prevent riots, nor will it tackle the base criminality that often surrounds them, but it will provide the legislative platform for a modern, well thought-out package of compensation for people who, through no fault of their own, find themselves facing damage and loss to their homes and businesses. It will also help those caught in the wake of a riot to recover from the violence and criminality more easily.

The amendment that my hon. Friend the Member for Dudley South proposed to cover the cost of alternative accommodation for those who are left homeless in a riot is important. When these measures become law, the Government will work to ensure that the compensation can be accessed quickly by individuals in the aftermath of a riot, recognising that rapid support and reassurance are of the utmost importance. The further amendment to set out the time limits on the face of the Bill demonstrates our commitment to provide a more generous approach to the submission of claims and evidence. As I have indicated, further flexibility on deadlines to cover extenuating circumstances will be provided for in regulations.

The Bill provides an important legislative platform for outlining what individuals and businesses affected by riots will be entitled to. It will be supplemented by regulations that will cover a number of important aspects, such as underlining our commitment to afford new-for-old replacements in most circumstances, providing more detail on the riot claims bureau, and confirming that charity payments will not be deducted from riot compensation payments. In addition to the regulations, as stated in previous stages of the Bill, we will also publish guidance for the public and decision makers, to provide further awareness and understanding of the legislation. As has been said, this is not simply about the law; it is about how the schemes are applied so that people know how they can claim, what they need to provide, and when they need to do that. We must respond to those practical realities, and consider how we can learn from the experience of the 2011 riots, incidents of flooding and other events where support needs to be provided.

In conclusion, the Bill sets out the framework for a modern, fair and affordable compensation scheme that supports communities that are recovering from riots, without placing unreasonable burdens on the taxpayer. The amendments and improvements that have been made are in keeping with that principle, and the Government support them. I pay tribute to my hon. Friend the Member for Dudley South for using the time afforded to him to promote a private Member’s Bill to deal with an important issue that has affected so many lives. As the Bill proceeds to the other place, I believe that it will provide assurance and protection into the future, and the framework that it provides means that it will remain as relevant as it is now for decades to come.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Immigration and Nationality (Fees) Order 2016

James Brokenshire Excerpts

Tuesday 2nd February 2016 General Committees

[The Minister for Immigration (James Brokenshire)]

I beg to move,

That the Committee has considered the draft Immigration and Nationality (Fees) Order 2016.

Thank you, Ms Buck. It is a pleasure to serve under your chairmanship and to welcome other members of the Committee to this consideration of the draft Immigration and Nationality (Fees) Order 2016. The order sets out the maximum amounts that can be charged for broad categories of immigration and nationality functions for the next four years, which is the expected life of this order. Maximum fee amounts are ceilings, limiting the amount that may be charged in subsequent fee regulations; they therefore set out that broad framework.

This order is to be made using the charging provisions in sections 68 to 70 of the Immigration Act 2014, which consolidated and simplified the charging provisions from three previous Acts and allows for such multi-year arrangements. Like the previous order, the maximum amount for each category is set to accommodate the highest individual fee in each category. In most cases, the categories will contain a number of different, individual fees. I want to make clear that the maximum amounts are not targets that the Home Office will seek to charge by the end of the four-year period. Rather, these maximums will allow the Home Office to be responsive over the next four years to the needs of customers, the Department and the taxpayer, and to meet the Government’s objective, as announced at the spending review, of a border and immigration system that is fully funded by those who use it by 2019-20.

The fees order will also enable us to expand the scope of our premium service and provide greater flexibility to deliver services directly to customers and organisations that request an increased or tailored level of support. We continue to ensure that measures are in place to enable appropriate scrutiny of our proposals and to ensure that immigration and nationality fees continue to be transparent and set in the best interests of the UK. The individual fee levels will be set out in negative regulations. We expect to lay regulations shortly setting fees for 2016-17. We have published a fees table that shows our intentions for individual fees in 2016-17.

To support the Government’s approach towards recovering an increased proportion of immigration and visa costs and transitioning to a self-financing border and immigration system, we propose to apply incremental increases to most immigration and nationality categories. To support economic growth, we intend to make relatively small fee increases for applications related to work, study and visit; these will increase by 2% next year. For example, the fees for short-term visit visas and tier 4 student visas would rise by £2 and £6 respectively. A number of visa and immigration fees will continue to be set at or below the estimated processing cost. The highest proposed increases to fees in 2016-17 are for optional services that offer an enhanced level of convenience and for routes that provide the most benefits and entitlements; for example, requests for bespoke application services and applications for indefinite leave to remain.

I know that all hon. Members will support a border and immigration system that controls immigration for the benefit of the UK while improves services to customers and reduces the cost to the UK taxpayer. I believe that this fees order, as an enabling provision, will help us to achieve this, and I commend it to the Committee.

--- Later in debate ---

[Keir Starmer]

I am grateful for that intervention. It touches on an issue that we discussed in the Bill Committee, which is that for landlords and employers there is a risk, if checking immigration status is difficult and there is a penalty for getting it wrong—which, of course, there is—that they will default to a position where unless someone has a British passport and is white, they will not let them premises or employ them. That was not the first time that the concern was raised; it was brought up when the 2014 Immigration Bill was going through Parliament. All parties were concerned that there was a risk of indirect discrimination.

It is accepted that there is a risk. The Minister and the Home Office say that it is a manageable one, but one of the tools for managing the risk is the ability of landlords and employers quickly to get the advice they need. They say, unsurprisingly: “We are not experts in checking immigration status. There are many nationalities that will apply to rent a premises, or for a job, and we need to be able very swiftly to get an answer to any queries”.

[James Brokenshire]

Will the hon. and learned Gentleman give way?

[Keir Starmer]

I think that that was almost an instruction to give way, but I will in any event.

[James Brokenshire]

I would never dare to instruct the hon. and learned Gentleman in that manner. I can perhaps assist the Committee by explaining that the fees set out in the order relate to the overseas line. The landlords checking service is a different product, for which we have no intention of charging, and that applies also to the employers checking service.

[Keir Starmer]

I am glad to have that reassurance, which is in keeping with our debate in the Bill Committee, and I am sure that now it is on the record it will be clear for all to see. I am grateful for the Minister’s intervention.

I welcome the reduction in fees for dependent relatives of refugees. However, it is clear, going through the order, that the largest increases in 2016-17 are being imposed on those seeking British nationality or long-term residence, with many of those costs increasing by up to 25%. In contrast, the fees for those coming here on tier 2 skilled worker visas are being frozen or increased by 2%. It is right that we do not impose excessive costs on those coming here to do skilled work, but we must be careful to strike the right balance. The proposed fees under the order are higher than the 2015 maximums in more than a quarter of categories. Did something go wrong with the previous regime that required those changes under the order?

Secondly, when is the border, immigration and citizenship system expected to be self-financing, which is the aim? When do the Government plan to raise fees to achieve that? Thirdly, the order states that it will allow for increases over the next four years. Is the intention that, by the end of the four years, the likelihood is that the maximum fees will be charged? Fourthly, the impact assessment indicates that the planned increase in fees will cause application volumes to fall. Will the Minister provide more detail on the anticipated fall over the four years?

--- Later in debate ---

[James Brokenshire]

I am interested that the hon. Lady and the hon. and learned Member for Edinburgh South West have suggested that the fees for admin reviews are rising to £400. The proposals published by the Home Office represent an increase in fees from £80 to £84.

[Anne McLaughlin]

If that is the case, why am I reading a figure of £400? The Government may charge up to that amount, and no one knows what the cost will be in the end. I remind the Committee about the large number of decisions that are found to be wrong at review stage and therefore overturned.

Perhaps the Minister forgets—I am sure that he has not—that I was a member of the Immigration Public Bill Committee. I am as certain as I possibly can be that he stated during our consideration that it did not matter if appeal rights were removed because an administrative review would be a cheaper option. Perhaps he is about to guarantee that all administrative reviews will cost the £84 he just cited, rather than £400, but I will be interested to hear what he has to say about the situation, given that he plans to increase the fees by an eye-watering 500% in some cases, although we do not know how many.

[James Brokenshire]

I appreciate the opportunity to clarify the situation in the light of some of more excitable statements that we heard from the hon. Lady about the increase in certain fees. It is important to state that the Government believe that those who use and benefit most from the immigration system should contribute more to that system’s cost, which means that it is appropriate to increase charges to users of services, application and processes, rather than continuing to rely on the UK taxpayer to meet the costs. As we set out at the spending review, the Government’s intention is that the border and immigration system is fully funded by those who use it by 2019-20. I think that that answers a question asked by the hon. and learned Member for Holborn and St Pancras.

The order is, in our judgment, an essential part of the immigration fees framework, enabling us to set fees regulations over the next four years, setting maximum amounts, which will provide the flexibility to adjust fee levels within those ceilings. However, as I think I indicated at the outset of the Committee, the important point is the framework and that flexibility. It is not our intention to try to maximise revenue. Indeed, if the hon. Member for Glasgow North East looks at the maximum fees we allowed ourselves in the last such order that was before this House, she will see that we certainly did not use the full flexibility allowed by that order, and we would not seek to do so in these circumstances. It is about ensuring that we have that broad basket—that broad range—to enable the move to the process that I have outlined.

[Anne McLaughlin]

The Minister has said a couple of times today that the reason for the change is that the service should be self-funded by those who use it, but the impact assessment—and everything else the Government have put out—refers to

“those who use and benefit”

from it. Maybe it was an excitable statement, in his view, when I talked about whether he recognised that we benefit from immigration, but can I ask: does he, in fact, recognise that this country benefits from immigration and that therefore we should share the costs?

[James Brokenshire]

If the hon. Lady looks at the things I have said and the approach we have taken, for example on the growth routes—she highlighted the 2% increase in tier 2 and tier 4—she will see that it recognises the contribution made in those circumstances. Therefore, that is the approach we have taken to the fees that we would propose for 2016-17. It is important that we strike a good balance between the economic interests of the UK and the need to maintain a sound immigration system. We will seek to ensure that fees for immigration and nationality services enable the UK to retain its position as an attractive destination to work in, study in and visit.

[Keir Starmer]

The briefing from the Immigration Law Practitioners Association raised the point about ability to pay and gave an example that I have to say concerned me. The Minister may be able to give an answer now or in detail later, but the briefing quotes a figure of £936 to register a child as a British citizen where there is an entitlement to do so. I appreciate that the Minister may not have the detail on this, but I was struck by the fact that there is no provision for those who do not have the means to pay, yet if that relates, as in that example, to registering a child where there is an entitlement to do so, that would concern me. It may be that the Minister can reassure me on that point now or, if the answer is too detailed, perhaps in writing.

[The Chair]

Order. May I point out that interventions are drifting in the wrong direction?

[James Brokenshire]

We have considered the increases carefully in respect of what I have outlined when it comes to the growth routes—those we judge to be focused on contributing to our economic growth—and therefore the distinction that has been drawn is between those and certain other categories, where we judge there to be significant benefits that attach to the rights that are applied.

For example, we are looking to larger fee increases for what we consider to be the non-growth routes by up to 25%, which includes nationality and settlement fees. We believe these fees reflect the considerable benefits and entitlements available to successful applicants. That is the approach we have taken, certainly over the last couple of years, to relative fee increases. We judge that to be the appropriate stance to take, certainly in respect of the manner in which we are moving to self-funding for the border and immigration system, as I have outlined. Moving to 2019-20, we anticipate that the increases we intend to set out in the 2016-17 regulations will take us to around three-quarters self-funding for the costs of the borders, immigration and citizenship system, around £600 million of which is currently funded by the Exchequer. It is also important to underline that it is not simply about that side of the equation. There are rightly efficiencies that we need to continue to make to drive down costs and ensure that we have an efficient and effective service. Our expenditure is expected to reduce over the period before 2019-20 to get us to that self-funded position. We judge that that is the right thing to do, building on the important steps that that the Home Office has taken since 2010, when the coalition Government came into office.

About £3 billion of savings will have been delivered in 2015-16 as a consequence of this Government’s reforms, which were required to deal with the economic issues we had to face up to and to ensure that our public finances are on a much stronger footing. That has been the driver behind our work and it has delivered a much more efficient, effective, reliable service. That service has dealt with the issues, some of which have been described today, and decisions have been reached correctly and therefore have not been susceptible to appeal.

[Keir Starmer]

rose—

[Keir Starmer]

I will be short, Ms Buck. The question is about the registration of a child where there is an entitlement to do that but it costs £936, and the individuals cannot afford it. Is the answer that is tough?

[James Brokenshire]

As I have already said, fees will be set out in the negative regulations. There are already operable fees for citizenship and the other elements I have outlined. It is certainly not intended that there will be a specific nationality waiver and we will never require a fee when that would be incompatible with rights under the European convention on human rights. Clearly, there are costs to the immigration system in processing and assessing such claims and in the ability to assert rights, so it is right that we have a system that can recover those costs. I will certainly reflect on what the hon. and learned Gentleman has said and see whether there is anything further I wish to add once I have reread his comments. It is all about that relative balance.

On the question of a reduction in the number of applications, I would direct hon. Members to the regulatory impact assessment, which shows that there is no clear evidence that an increase in the fees would lead to such a reduction. Although certain assumptions are made in the impact assessment to underpin that, it makes it very clear that in practice such a reduction may not be seen and how, should there be a reduction, the amount of fees charged would cover the financial implication of that. We have increased charges for a number of routes over the past few years and yet, in many cases, the number of applications has gone up, notwithstanding those fee increases. There is no clear read-across in terms of what the economists would argue about price elasticity of demand being linked to the overall price of a visa.

I hope that the Committee will be minded to support the order.

Question put.

Unaccompanied Refugee Children

James Brokenshire Excerpts

Thursday 28th January 2016 Written Statements

[The Minister for Immigration (James Brokenshire)]

The Government have carefully considered how best to provide assistance and protection to unaccompanied refugee children from Syria, other regions of conflict, and for those in transit in Europe.

The crisis in Syria and events in the Middle East, North Africa and beyond has separated a large number of refugee children from their families. Today I can announce that the UK Government will work with the UN High Commissioner for Refugees (UNHCR) to lead a new initiative to resettle unaccompanied children from conflict regions. We have asked the UNHCR to make an assessment of the numbers and needs of unaccompanied children in conflict regions and advise on when it is in the best interests of the child to be resettled in the UK and how that process should be managed. The UNHCR has already been clear that these are likely to be exceptional cases.

This will complement the existing substantial UK aid and resettlement programmes which are already helping many thousands of children at risk in conflict zones, on transit routes within Europe and in the UK. The Home Office will host a roundtable to invite views from a range of NGOs and local authorities, including UNICEF and Save the Children, on how we can provide more support for children in the region, in transit and domestically to prevent children putting themselves at risk and making dangerous journeys on their own. The UK Government have been at the forefront of the international response to the humanitarian crisis in Syria, providing more than £1.1 billion in humanitarian aid to the Syria crisis. This new initiative builds on the Government’s existing commitment to resettle 20,000 Syrian refugees during this Parliament. More than 1,000 vulnerable Syrians refugees—around half of them children—have already been resettled through the scheme.

The UK Government will also commit to providing further resources to the European Asylum Support Office to help in “hotspots” such as Greece and Italy to help identify and register children at risk on first arrival in the EU. And we will, of course, continue to meet our obligations under the Dublin regulations.

The Government are committed to combating child trafficking and understand that unaccompanied children, particularly those in transit, are vulnerable to people traffickers. The Home Secretary has asked the Anti-Slavery Commissioner, Kevin Hyland, to visit the hotspots in Italy and Greece to make an assessment and provide advice on what more can be done to ensure unaccompanied children and others are protected from traffickers.

The UK Government are already providing substantial funding to NGOs such as Unicef and UNHCR to provide shelter, warm clothes, hot food, and medical supplies to support vulnerable people, including children, on the move or stranded in Europe or in the Balkans. In addition, the Department for International Development is creating a new fund of up to £10 million to support the needs of vulnerable refugee and migrant children in Europe. The fund will include targeted support to meet the specific needs of unaccompanied and separated children who face additional risks. The support will include identifying children who are in need, providing safe places for at risk children to stay, data management to help trace children to their families, and services such as counselling and legal advice.

Alongside these significant efforts to assist children and the most vulnerable internationally, the Government recognise the need to provide support for children who are already in the UK and have been subject to or at risk of trafficking and exploitation. We also recognise the pressure that some local authorities who are supporting large numbers of unaccompanied asylum seeking children are facing. The Home Office will continue to encourage local authorities to support the dispersal of UASC from Kent and to work with NGOs, local authorities and the Department for Education to review current practice and consider how capacity could be strengthened, including through ensuring that there is sufficient safe accommodation and specialist support for foster placements.

[HCWS497]

Child Refugees in Europe

James Brokenshire Excerpts

Monday 25th January 2016 Commons Chamber

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

(Urgent Question): To ask the Home Secretary to make a statement on child refugees in Europe.

[The Minister for Immigration (James Brokenshire)]

The Government are at the forefront of the international response to the unprecedented migration flows into and across Europe. We want to stop the perilous journeys that are being made by migrants, including children, which have had such terrible consequences.

In respect of the majority of refugees of all ages, the clear advice from experts on the ground is that protection in safe countries in their region of origin is the best way of keeping them safe and, crucially, allowing them to return home and rebuild their lives once the conflict is over. That is why we are providing more than £1.1 billion in humanitarian aid for the Syria crisis, but it is also why we have a resettlement scheme for the most vulnerable Syrian refugees—those in the most need. Some 1,000 arrived before Christmas, about half of them children. A further 19,000 will be resettled by the end of this Parliament, and many of those will be children too.

Our resettlement scheme is based on referrals from the United Nations High Commissioner for Refugees. We already consider referrals of separated children or orphans under the Syrian resettlement scheme where the UNHCR assesses that resettlement is in the best interests of the child. The UNHCR has a clear view that it is generally better for separated children and orphans within the region to stay there, as they are more likely to be reunited with family members or to be taken into extended family networks.

Last week the International Development Secretary announced an additional £30 million for shelter, warm clothes, hot food and medical supplies, including for 27,000 children and babies. This assistance will be distributed to aid agencies, including UNICEF, the UNHCR, the Red Cross and the International Organisation for Migration, to support vulnerable people, including children on the move or stranded in Europe or in the Balkans.

We have heard calls for the UK to take more unaccompanied children from within the EU. The Prime Minister has committed to looking again at this issue, and it is currently under review. Such a serious issue potentially affecting the lives of so many must be considered thoroughly, and no decisions have yet been taken. The Government are clear that any action to help and assist unaccompanied minors must be in the best interests of the child, and it is right that that is our primary concern. We take our responsibilities seriously, and this issue is under careful consideration. When this work is completed, we will update the House accordingly. I commend this statement to the House.

[Yvette Cooper]

The aid for refugees, particularly children, is of course welcome, but Save the Children has estimated that 26,000 children have arrived alone in Europe: some who fled alone; some who have been trafficked by gangs, perhaps into prostitution, slavery or the drugs trade; and some separated from parents or family along the way, such as the 10-year-old whose case I heard of who was separated from his parents as a gang pushed them on to a lorry, and they now do not know where he is.

The Government have said repeatedly that they are looking at the call from across parties and from Save the Children for Britain to take 3,000 lone child refugees, but there has still been no answer, and we hear rumours that they will look only at helping child refugees from camps in the region. That is not enough. In Greece, in Italy and in the Balkans, the reception centres and children’s homes are full, and children are disappearing. The Italian authorities estimate that about 4,000 children who were alone in Italy disappeared last year. I met 11 and 12-year-olds in Calais who were there alone with just one British volunteer looking after them. That is a similar age to my children, and they should not be there alone.

We should especially be helping those who have family in Britain who are desperate to care for them. Last week, a tribunal ruled that three teenagers and a vulnerable adult should be able to stay with close relatives here while their asylum cases are heard rather than being alone in France because the French system and the Dublin III agreement are not working for lone refugee children. May I urge the Minister to see this judgment as another reason to reform the system so that it helps child refugees? One case that was due to go to the tribunal was unsuccessful—that of a teenager from Afghanistan whose sister lives here. It was unsuccessful because he died, suffocated in a lorry just a few weeks ago, taking crazy risks: because he did not wait for the lawyers; because he was 15 years old and that is what teenagers do.

This week, many of us will sign the Holocaust Memorial Day book of commitment. Our colleague in the House of Lords, Lord Alf Dubs, was saved from the holocaust by the Kindertransport many generations ago. Now he is asking us, through his Lords amendment, to back Save the Children’s campaign to help a new generation of vulnerable children. Please will the Government agree to this before more children disappear or die? Please let us do our bit again to help child refugees.

[James Brokenshire]

I say to the right hon. Lady that this Government are taking a number of steps to assist child refugees both in the region and, with some of the specialist support we are providing to process asylum claims, in countries such as Greece and Italy. Indeed, looking at the situation in Calais and northern France, the support the Government are providing to the French in identifying those who are victims of slavery and trafficking is a key part of the agreement reached last August between the Home Secretary and Bernard Cazeneuve, the French Minister of the Interior.

It is important to acknowledge the right hon. Lady’s point about the role of trafficking and of those seeking to sell false hope who are very directly putting lives at risk. The way in which traffickers seek to place refugees in appalling conditions—literally not caring whether they live in die—is quite horrific. In that context, it is notable that work by Europol indicates that about 90% of those coming to Europe have been trafficked in some form or other by those involved in organised immigration crime. That is why the work we are doing in setting up the organised immigration crime taskforce is so important in working with Europol to confront and combat the heinous acts of the traffickers.

On the issue of reunion, the Dublin arrangements are in place. The right hon. Lady mentioned the court case last week, which was specific to the four individuals concerned. Although we will look at the judgment, which has not yet been received, to understand the court’s decisions and the reasons it has set out for the order it made last week, it is important to recognise that a claim of asylum still had to be made in France to ensure, as we understand it, that the reunification arrangements were operative under the Dublin arrangements. We will wait to see the judgment.

On the Save the Children report and its request for us to consider taking the 3,000 children, I have already said—the Prime Minister said the same in the House a short while ago—that we are actively considering the proposal. We will obviously return to the House when we have investigated and concluded our consideration of that matter.

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

It is important not to stretch the analogy with the Kindertransport too far. We need to remember that on the last train, which was disrupted by the war, only two of the children survived and the rest, along with their families, were killed. However, there are some clear parallels that we need to address. We need to remember the enormous contribution that the Kindertransport made to this country: distinguished doctors, surgeons and Members of both Houses were saved by it.

I am pleased that the Prime Minister is looking at this matter again. He is quite right to try to keep children in the region, but to use one of those phrases, we are where we are. There are children at risk, and I urge the Government to look carefully at that. After all, today is 25 January. A month ago, we were celebrating that great Christian festival of children, and I hope that that spirit lingers beyond Boxing day.

[James Brokenshire]

My right hon. Friend is obviously right to recall Holocaust Memorial Day, which we will mark on 27 January. I was at the Home Office earlier this afternoon for our own recognition of that very important event, given the context of what happened then and the need to ensure that the lessons of the past are remembered today.

Our focus is clearly on trying to assist the children who are most in need and the refugees who are most in need. That is why we have taken the approach of providing aid assistance and of having the vulnerable persons relocation scheme. The resettlement scheme is aimed at the issues of vulnerability, part of which is about children and about orphans, and it is very much focused on those who have suffered most.

[Andy Burnham (Leigh) (Lab)]

The thought of any child alone in a foreign country is abhorrent to any parent, but for them to be alone in dangerous conditions—without food, warmth, comfort or protection—is genuinely terrifying. Sadly, that is the reality today for thousands of Syrian children and those fleeing other conflicts. The truth is that some of these frightened young souls are on our own doorstep, as my right hon. Friend the Leader of the Opposition saw for himself at the weekend. No child should be left to fend for themselves, whoever they are and wherever they are. I have no doubt that, when faced with this issue, the vast majority of British people would see a moral duty to act, as the right hon. Member for Brentwood and Ongar (Sir Eric Pickles) has just said.

I congratulate my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) on asking the question and welcome the Minister’s commitment to look seriously at the issue, but may I press him on some of the points that my right hon. Friend made? In particular, will he consider children who are here in Europe, as well as those who are in the camps? The Government’s policy to date has been to take only refugees from the region, rather than those who have crossed the sea. Does he not accept that, as the crisis develops, that distinction is becoming harder to maintain?

There are 26,000 unaccompanied children in Europe today. They cannot, as the Government claim, be described as the fittest and the strongest. They are instead highly vulnerable to trafficking, prostitution and other forms of abuse. They urgently need someone to reach out a hand. I appreciate the concern that doing so could create an unhelpful precedent and an incentive for families to send children alone, but surely that can be dealt with by making it clear that this is an exceptional move and by working with the UNHCR and others to identify children who are genuinely alone?

This is the biggest humanitarian crisis since the second world war, but instead of playing our full part, the Prime Minister has spent recent weeks stomping around Europe with his own list of demands. Does the Minister not accept that, to countries that are trying to deal with the enormity of this crisis, that might make us look a little selfish and blinkered? By doing more to help our partners in Europe, might not the Prime Minister build good will and get a better hearing for his renegotiation demands?

As others have said, this week we will remember the awful events of the holocaust and the Kindertransport. Surely now is the time to take inspiration from those British heroes of the last century and act to change the course of history in this.

[James Brokenshire]

This country can be proud of the record that we have maintained and the work that we are doing to provide aid and assistance to vulnerable people in the region. Some £1.1 billion has been committed.

I say to the right hon. Gentleman that we are working closely with the UNHCR on the resettlement programme and in our consideration of this issue of children. The UNHCR and UNICEF have made it very clear that the best way to help children is to work in the region itself, because that is often where the connections with family are.

The right hon. Gentleman highlighted the issue of Europe. We are acting in solidarity in Europe by providing expertise to the European Asylum Support Office; providing support to Frontex for the search and rescue operations; and supporting Europol and the activities in the Mediterranean to confront the people traffickers and smugglers to deal with this issue at the border. We are also working beyond the borders of Europe in the source and transit countries to provide the long-term stability and security that are fundamental to dealing with all of this.

We have to be very careful that the stance that we take does not make an extraordinarily difficult situation even worse. We know that the people traffickers exploit anything that we say and twist it in a perverse manner to encourage more people to travel and put more lives at risk. That is why we are looking at this issue very closely to determine what is in the best interests of the child, to ensure that more lives are not put at risk and to see how we can support this activity. I have highlighted the direct support that we are giving to provide aid and assistance to children and refugees in flight across Europe and in the Balkans.

The combination of approaches that we have taken sets a clear record, but as I have indicated, we continue to look at this issue very closely.

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

I do not think that it helps to confuse this issue with reform of the EU.

Notwithstanding the considerable aid that we have given to displaced Syrians in the area, which is the right thing to do, there is a humanitarian case for helping the children who are in limbo and very vulnerable to traffickers, the elements and so on. Given that doing so will be fraught with problems, and that there is a record high number of children in the care system in this country already and a shortage of foster carers, what assessment has the Minister made of our capacity to take these children and to give them the specialist support that clearly they will need in the absence of the networks that they have been used to?

[James Brokenshire]

My hon. Friend makes an important point, because the figures for asylum applications from unaccompanied asylum-seeking children show that last year there were 2,500. That is already putting strain on a number of local authorities, and Kent in particular has been bearing a lot of that burden. We are working closely with local government, and he may be aware that in the Immigration Bill, which is currently in the other place, we are also seeking to set out a mechanism to distribute that burden more fairly across local authority areas.

[Patrick Grady (Glasgow North) (SNP)]

May I associate myself with the comments about Holocaust Memorial Day? Today we mark Robert Burns day, for one of Scotland’s great humanitarians. My hon. Friend the Member for Kirkcaldy and Cowdenbeath (Roger Mullin) has already quoted the lines:

“O wad some Power the giftie gie us

To see oursels as ithers see us!”

How do the Government think this looks? The proposal to take our fair share of children from Europe has been around for months, so when will they stop prevaricating and reach a decision, before more children continue to die in the freezing cold of the European winter? Are the Government considering taking children from Europe and not just from the camps? Can the Minister say a bit more about the support being provided to European countries to support these children, who are lone and vulnerable, and victims of a crisis that they did not create?

--- Later in debate ---

[James Brokenshire]

I have already set out the additional funding that DFID has committed to support those across Europe and how some of that money is being provided to UNICEF, for example, to look at how we can best support children in that overall approach. I want to underline the fact that UNICEF itself has emphasised

“the importance of first and foremost assessing the individual situation of unaccompanied children, and their best interests, before any actions are taken; noting that in these situations children who may appear unaccompanied are in fact being supported by family members, or others, and decisions on how they are cared for should take this into account.”

That is precisely the approach the Government are taking.

[Sir Edward Leigh (Gainsborough) (Con)]

No one doubts the humanity of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper)—it is very difficult to argue against it—but surely the duty of Government is to balance natural emotion with hard-headed realism. Net migration into this country has been far bigger in last 20 years than for any other country, and we are at the limit of what the public will accept. We are also spending more than the whole of the rest of Europe put together on helping people in Syria. For every child refugee we take from a camp in Dover or Calais, we will simply have to take many other people who will come as part of the family. I urge the Government to stick to their present policy—their humane and correct policy—of spending money to help in the region and not to listen to the Leader of the Opposition and his daft policy of taking people from Dover and Calais.

[James Brokenshire]

We want to see children who are affected by this appalling crisis given help and assistance at the earliest opportunity. That is why we have committed the aid and support that we have in the region. It is also why in Calais, for example, we have been giving support to the French Government to ensure that claims can be made as quickly as possible. The French Government have set up 78 new centres away from Calais to help migrants to make their claims as quickly as possible. That way, we see people get help at the earliest chance.

[Keith Vaz (Leicester East) (Lab)]

Last year, 300,000 child refugees entered through Greece and 16,000 entered through Italy. The problem has been that the countries at the EU’s external border are just not given the support they need from the European Union. As a result, reception centres have not been opened up in places such as Greece. Will the Minister tell us what has happened with the deal made between the EU and Turkey, which would have provided Turkey with additional resources to try to help us to deal with this terrible crisis?

[James Brokenshire]

Work is continuing in respect of Turkey and the Government have a commitment to providing funding in support of that. The right hon. Gentleman is right to highlight the issue of the external border in countries such as Greece and Italy. This country has provided more support for asylum processing, in terms of experts, than any other country in the EU, and that sense of how we can support the external border is very much at the forefront of our work.

[Helen Whately (Faversham and Mid Kent) (Con)]

As my right hon. Friend has mentioned, Kent is already looking after hundreds of unaccompanied asylum-seeking children. Kent has asked other councils to help to look after these children, but few have been forthcoming. We have to do a good job with the young people who are already here seeking our help, so as we rightly consider whether we can help more Syrian child refugees, can my hon. Friend assure me that he will press on with ensuring effective dispersal of the young asylum seekers already in the UK?

[James Brokenshire]

I can assure my hon. Friend that the Home Office is working closely with the Department for Education. I have the Minister for Children and Families on the Bench alongside me. To see that children are given the support they need in counties such as Kent, which are taking on a considerable burden, we are working with the Local Government Association and others, as well as maintaining that backstop provision in the Immigration Bill to ensure a fair allocation of young people in need of support.

[Frank Field (Birkenhead) (Lab)]

I commend the Minister for his statement about our responsibilities to some of the most vulnerable children, but may I also make a plea for the very poorest in each of our constituencies, who already have almost no hope of getting a decent home, who find social services under huge pressure when it comes to meeting their needs, and have almost no chance of ever getting a place at a school of their choice? When the Government are considering the priorities and the needs of those children, will they also consider that they are committed to bring in 20,000 refugees, and ensure that any proper concessions on this front are taken from that total of 20,000?

[James Brokenshire]

As I have said to other right hon. and hon. Members, we are closely considering the issue of children. I have already indicated that of the 1,000 refugees who arrived through the resettlement scheme before Christmas, around a half were children. We are very conscious of the need for support for local authorities. We have announced additional funding to meet the needs under the resettlement scheme for years 2 to 5, recognising the pressures that the right hon. Gentleman has outlined.

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

We were told that 100,000 people would be admitted to this country each year. In fact, 320,000 people have been admitted in the past year. If we admit another 20,000 people over the next five years, or 4,000 per year, does that mean that 4,000 are not admitted from other parts of the world?

[James Brokenshire]

The vulnerable persons resettlement scheme is meeting our rightful obligation to respond to the crisis that we see in Syria, which is the basis for the figure of 20,000 that we have outlined for the course of this Parliament. Obviously, we have certain other arrangements with UNHCR, but we need to meet that commitment and respond to the crisis that we see before us.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Volunteers to Calais talk of refugee families struggling with a dilemma—whether to buy black market substances to dope their children, or to face the prospect that they will reveal the family to the authorities in transit across the channel by crying in fear. Surely the Government can better safeguard children by also adopting proper selection and identification processes for families before they reach the UK to avoid these terrible situations.

[James Brokenshire]

The most effective way to do that is to see that those families claim asylum in France. There have been around 2,800 claims of asylum in and around Calais. The French Government have put in place the new arrangements that I described so that people can be moved away from Calais into better reception centres. That is the clear message that I would give, which may well identify some of the family reunion issues that the hon. Lady has highlighted.

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

Many Members of this House are suggesting that we rescue unaccompanied minors from other European Union countries and bring them to Britain. Does the Minister agree that one of the dangers of that is that their relatives will appear, and human rights lawyers in this country will insist that they have a right to join those minors in the UK because they have a right to a family life?

[James Brokenshire]

We need to consider these issues carefully. What is at the forefront of my mind is not seeing more children being put at risk and their lives being put at risk. That is what the people smugglers and traffickers will do, and why we need to act with such great care so that we do not make the situation even worse than it is.

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

I wholeheartedly support the call from Save the Children and my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), but I want to ask the Minister specifically about the treatment and dignity of children asylum seekers and their families when they arrive in this country. He will be well aware of the concerns expressed about Clearsprings, which operates accommodation in my constituency and in that of my hon. Friend the Member for Cardiff Central (Jo Stevens), stigmatising asylum seekers by forcing them to wear red bands, but I have heard reports of short-notice evictions, lack of female housing workers and asylum seekers being forced to sign documents before seeing properties. Shockingly, I was told by the Home Office that a manager may enter an individual’s bedroom without consent. Will the Minister investigate that company and find out what exactly is going on in the treatment of those vulnerable individuals?

[James Brokenshire]

rose—

[Mr Speaker]

Order. If we were playing cricket, which we are not, the hon. Gentleman’s bowling would be a little wide of the wicket, but I am sure the Minister is dextrous enough to deal with it sensitively and pithily.

[James Brokenshire]

I will certainly try to do so, Mr Speaker. As I indicated to the House in response to the urgent question last week, I expect the highest standards from all contractors, including no stigma being attached to those under their care. If there is evidence to suggest that that is not the case, it will be treated with the utmost seriousness.

[Gavin Robinson (Belfast East) (DUP)]

I apologise for my vocal frailty; I will struggle through my question.

The Government’s response to the crisis has at times been frustratingly slow and has appeared to lack compassion, but I support it and believe that the Minister is on the right track. I was bolstered at the weekend by the view of Kofi Annan, who believes that the UK Government’s approach is in the right vein. I support the reconsideration that the Government are undertaking on refugee children, but will the Minister give a timescale for that, bearing in mind that a knee-jerk reaction for selfish political gain that is not based on the right interests or the best interests of the child will be wholly fruitless and counter-productive?

[James Brokenshire]

It is right that we take some time to consider the issue properly because of what the hon. Gentleman highlights: the best interests of the children. The advice we have had from the UNHCR is that the best way is to help children in the region. The aid investment we have given in the region, and the focus on education to ensure that children there have hope, have that sense of compassion behind them. That is why assistance has been structured in that way.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

As a primary educator, my heart was broken on Thursday when I saw the conditions of the children in the Jungle camp in Calais. It would be the same for people no matter what side of the argument they are on. From a round table with Secours Catholique and the Caritas Social Action Network, we understand that 200 to 300 families with many children probably have leave to remain in the UK but do not know their legal rights. Will the Minister commit to putting a legal resource into that camp to help those families to avoid the traffickers, because they have the right to come here in the first place?

[James Brokenshire]

Ultimately, those are matters for the French Government, but we have committed resourcing in terms of arrangements in people’s own country. I underline that claiming asylum in France means that assistance will be provided at the earliest opportunity. We have committed to support the French Government in that activity. We have provided funding to assist them in creating those reception centres outside Calais so that people can travel away from the area and get the support they need.

[Andy Slaughter (Hammersmith) (Lab)]

When will the Government decide to support Lord Dubs’s amendment? I ask because when I was in the Calais camp on 21 December, I met a former Afghan interpreter for UK forces who was trying to look after some of the unaccompanied children, including 15-year-old Masud. By the time I recounted that visit in Westminster Hall on 6 January, Masud was dead. Time is of the essence. Would not this Wednesday—Holocaust Memorial Day—be a suitable date for the Minister to make up his mind and let the children in?

[James Brokenshire]

The appropriate thing to do is to consider the best interests of the child and get further input from the UNHCR and others, because of the risk of making the situation worse, and the risk of seeing more children put their lives on the line by making those perilous journeys across the Mediterranean. That is at the forefront of our minds, and why we will consider the matter in that way.

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

Putting victims of exploitation and trafficking first was at heart of the Modern Slavery Act 2015. In this case, it is clear that unaccompanied children are among the most vulnerable victims of exploitation and trafficking. Will the Minister say exactly what is happening to identify very vulnerable children who have been trafficked and who are at risk of exploitation, and to take a decision to get them to this country?

[James Brokenshire]

As part of the joint declaration that was signed last August, we are providing specific financial assistance to fund a project aimed at the most vulnerable people in and around Calais. That project aims to increase observation in the camps to identify vulnerable migrants; to provide medical help and protection where required; to put in place a system to transfer them briskly to places of safety; and to ensure they are offered the appropriate advice and support from the French system.

[Alison McGovern (Wirral South) (Lab)]

Can I ask the Minister not to listen to the hon. Member for Gainsborough (Sir Edward Leigh), with his separation of rationality and emotion on this issue? My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) laid out the facts and we are merely responding to them—the hon. Gentleman has no monopoly on rationality here. Does the Minister recall—[Interruption.]

[Alison McGovern]

Thank you, Mr Speaker. I will not detain the House by repeating my entreaties on rationality, but we are talking about the facts. It is a fact that two years ago on 29 January 2014 the Government refused our calls to join the UNHCR scheme for the settlement of refugees, and it took a brave media to change their mind. I simply say to the Minister, “Don’t leave it too long again. Open our doors now.”

[James Brokenshire]

The focus of the Government is providing the most appropriate support to the vulnerable. That is why we have established the resettlement scheme and are providing aid assistance in the region. It is about helping the most people possible. We do that most effectively in those areas and through some of the additional funding that I have outlined to the House this afternoon. In all honesty, we are considering the issue carefully, but it is right that we get it right, rather than running to any specific timetable, because of the issues involved and because we are talking about children.

[Alex Chalk (Cheltenham) (Con)]

This is of course an extremely difficult issue, and our hearts go out to the poor children in the Jungle in Calais. But we need to be careful about confusing the clear message of the UK’s aid effort that it is in children’s best interests to remain in the region, where hundreds of millions of pounds of UK aid is available, and not encourage them into the clutches of evil traffickers who frankly do not care if they live or die.

[James Brokenshire]

My hon. Friend has made his point concisely and well. It is that risk of the exploitation of people traffickers that we have at the forefront of our minds. Equally, social media is being used to sell false hope and false opportunity, putting lives at risk.

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

I thank the seven colleagues from seven different political parties, including the Conservative party, who signed a joint letter to the Prime Minister on this subject. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) also signed it. We obviously welcome the fact that the Government are still considering this issue, although we would like them to do so with a greater degree of urgency. If the Government are considering taking the 3,000 children, I hope that they will not suggest that that should happen over five years, because then some of those children would be at risk of freezing to death for the next four years or falling into the hands of traffickers.

Childcare Bill [Lords] (Programme) (No. 2)

Ordered,

That the Order of 25 November 2015 (Childcare Bill [Lords] (Programme)) be varied as follows:

(1) Paragraphs (4) and (5) of the Order shall be omitted.

(2) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, one and a half hours after the commencement of proceedings on the motion for this order.

(3) Proceedings in Legislative Grand Committee and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, three hours after the commencement of proceedings on the motion for this order.—(Mr Gyimah.)

Asylum Seekers: Middlesbrough

James Brokenshire Excerpts

Wednesday 20th January 2016 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on the revelation today about discriminatory treatment of asylum seekers in Middlesbrough.

[The Minister for Immigration (James Brokenshire)]

I am grateful to the hon. Gentleman for asking this urgent question and allowing me the opportunity to set out the Government’s response to the issues raised in The Times today.

From the outset, I underline that the United Kingdom has a proud history of granting asylum to those who need it, and we are committed to providing safe and secure accommodation while asylum cases are considered. The Immigration and Asylum Act 1999 introduced the policy of national dispersal, which was designed to share the impact of asylum seekers across the whole United Kingdom. Under that arrangement, asylum seekers are housed across the UK under voluntary agreements between national Governments and local authorities. Those arrangements have been in place since 2000. Under current arrangements—the commercial and operating managers procuring asylum support services, or COMPASS, contracts—three companies provide asylum seeker accommodation, transport and related services. In Middlesbrough those services are provided by G4S.

As right hon. and hon. Members will have seen from my response published in The Times this morning, I am deeply concerned about the issues raised and the painting of doors of asylum seeker accommodation in a single colour. Anything that identifies asylum seeker accommodation to those who may wish to harm those accommodated in the properties must be avoided. I spoke to the chief executive officer of G4S this morning, and he assured me that neither G4S nor its subcontractor in Middlesbrough, Jomast, has a policy that states that asylum seeker properties should be identified in such a way. However, Jomast does accept that the company uses red paint across its portfolio of properties.

I have asked Home Office officials to look into this issue as a matter of urgency, and to report to me and the permanent secretary. G4S has advised that doors in the area will be repainted so that there is no predominant colour. As part of the audit that we have commissioned, I have asked it to ensure that COMPASS contracts have been appropriately implemented in Middlesbrough, and I have considered the Home Office’s arrangements for monitoring contract compliance in that area and more generally.

The Home Office works with COMPASS providers and local authorities to ensure that the impact of dispersal on local communities and services is taken into account when allocating accommodation. It is the responsibility of the suppliers to ensure that all accommodation used meets required contractual standards, and complies with the decent home standards—specifically, that accommodation is safe, habitable and fit for purpose. Each property used is subject to a housing officer visit every 28 days. In addition, Home Office contract compliance teams inspect a third of all properties using an intelligence-led, risk-based approach to monitor standards and ensure maintenance faults are rectified within the prescribed timescales.

Let me be clear to the House that I expect the highest standards from our contractors. If we have evidence of discrimination against asylum seekers, it will be dealt with immediately.

[Andy McDonald]

I am very grateful to the Minister for his very thoughtful and considered response. I share with him Middlesbrough’s proud record of welcoming people fleeing persecution and torture. We are rightly proud of the excellent arrangements we have with our churches and charities. I am proud of those people and the welcome they offer.

As the Minister rightly says, the background is that the contract for housing asylum seekers in the north-east is held by G4S and subcontracted to Jomast. The excellent article by Andrew Norfolk published in The Times explains that Jomast has 168 properties in two wards. Some 155 of them have their front doors to the street painted red. This marks out the properties and their inhabitants for those with prejudicial motivations and evil intent. There are accounts of asylum seekers being abused in their homes as a direct result of being so readily identifiable. Their doors have been smeared with dog excrement and daubed with graffiti showing the National Front logo. Eggs and stones have been thrown at their properties and they have been subjected to verbal abuse.

Such a policy may not be deliberate, but Jomast have to think it through. There is clearly a risk of undermining social cohesion and the safety of those seeking sanctuary. I am aghast that G4S claims no knowledge of that. Jomast has undertaken to remedy the position, but it is imperative that the Government insist that remedial action be taken as a matter of supreme urgency, and that the contractor and subcontractor are held to account. The Minister talks about the way the contract is managed. I ask him to stick to the theory he outlined in such great detail, because I am aware that the practice is far from the theory. Many people can be confined to one bedroom. That, simply, is not dignified. It is not a humanitarian response to put people in those conditions.

The public policy implications for contracting out the arrangements are devastating. People should not derive public profit from these matters; they are a matter for central Government and local government. Local government is the best organisation to look at the wider implications of welcoming people into our communities in this way. I therefore ask the Minister to review and reconsider that matter.

When did the Minister first become aware of this concern? When did G4S become aware of it and what action did it take? What steps is the Department taking to ensure that the readily identifiable red doors are corrected and on what timescale? At the moment, Jomast says it acknowledges the issue and will address it over three to six months. I suggest to the Minister that that is simply not acceptable. This must be done as a matter of supreme urgency: I have in mind a timescale of three to six weeks, rather than three to six months. I would like him to address that. If the Minister concludes that what has happened is discriminatory, what action will he take? In short, will he outline what penalties he has available to him to make sure that G4S, which has, frankly, suffered a great deal of reputational damage in recent times, and Jomast are held to account?

[James Brokenshire]

I thank the hon. Gentleman for the way in which he raises his concerns. Like him, I pay tribute to the work and the approach that Middlesbrough, as an authority, has taken for many years in seeking to accommodate asylum seekers. He will be aware that a number of discussions have taken place between my officials, Home Office officials and Middlesbrough Council on the concentration of asylum seekers, as Middlesbrough is the only place in the country where our threshold of one in 200 is exceeded. I have asked my officials to look at that closely and at a plan to bring it back within the appropriate standards we have set.

On the report in The Times today and on the experiences of some people being accommodated in housing in Middlesbrough, I condemn absolutely any crimes of hate, any actions that sow divisions within communities and any actions that seek to intimidate or mark out asylum seekers in any way. We have been in contact with the local police this morning to underline any issues of community reassurance. They are actively considering appropriate steps. Complaints about hate crime should be made to the police, so they can be followed up and appropriate action taken.

The hon. Gentleman asks me about the urgency of response. As soon as I heard about the matter, which was late last week when The Times first contacted us, I instructed officials to look into it urgently because of my very serious concerns about what I was hearing. I expect the audit to be concluded on the Home Office side quickly, and completed at the latest by the end of this month.

On G4S, we have an ongoing regime of inspection of the maintenance and condition of properties. G4S has met standards where maintenance issues have been identified as requiring remedial action. It has followed through on them, but the audit will look at that closely. The chief executive officer of G4S underlined to me, in a conversation this morning, the seriousness and urgency of the issue. He underlined the sense of urgency that he and G4S attach to repainting doors to make sure there is no predominant colour. I said that I expected that to be done quickly. That was the message I got back from G4S.

This is a matter of utmost concern. The Home Office is working on it closely. We will look at it carefully and rigorously. It is not simply a question of looking at the contract. If there are issues that need to be brought to the attention of the police, and criminal action taken thereafter, that will be a matter for the police. I urge those with evidence to come forward and ensure it is reported appropriately.

[Damian Green (Ashford) (Con)]

I echo the plea for urgent action on the ground. Throughout the past 15 years, when the number of asylum seekers has been a hugely controversial and sensitive public issue, one of the best things has been that on the ground in communities there has been very little tension and very little violence. At a human level, the policy has been handled very well. It would be tragic if that were to end with some of the actions in Middlesbrough we have heard described. Obviously, the Minister will have to take a number of actions that will take some time, but on the immediate, on-the-ground action, if what is required in the short term is to repaint 150 front doors, then frankly this should not be taking three months or three weeks. The painters should be out now and it should be done by the weekend. I hope the Minister can assure the House that that kind of urgency will be shown.

[James Brokenshire]

I am grateful to my right hon. Friend for his comments. He has understanding and experience as a previous holder of the office I now hold as Immigration Minister. I can assure him of the urgency I have impressed on G4S in respect of resolving the issue quickly. The chief executive officer underlined that he recognised and understood that clearly. We will be monitoring the situation closely. I have asked officials to go to Middlesbrough tomorrow to assess the situation on the ground and to start work on the audit. I hope that that reassures my right hon. Friend of the urgency that I, my officials, and, from what we are hearing, G4S attach to this matter.

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

Today’s report in The Times is obviously deeply concerning, and I recognise the Minister’s concern and the steps he has taken to get to the bottom of it. It is concerning that such a thing has happened. It is early days but it seems right—it does not seem that the facts are disputed—that the doors were painted red. It is also concerning because of the underpinning arrangements. How did this come about, and how did nobody think it inappropriate for the doors to be so painted, particularly given that, as the Minister has outlined, there is a Home Office inspection regime and a local authority assurance scheme? How did nobody, under those arrangements, think there was anything wrong? There is also concern about the consequences. Hate crime is increasing—it increased by 18% last year—and the consequence has been hate crime in Middlesbrough. That is concerning in its own right. I echo the view that the sooner something is done to rectify the situation, the better. There is also concern that this matter is before the House only because of the careful work of Andrew Norfolk at The Times, not because some internal inspection or auditing scheme flagged it up as a matter of concern.

The Minister has told us when he first knew, and I appreciate he has put steps in place to make further welcome inquiries, but how did this escape whatever inspection or assurance regime was in place? Were the properties inspected or assured by the Home Office or anybody else? If not, what can be done to improve the regime? What conversations has the Minister had with the contractors in Middlesbrough? Is this an isolated example? Is it something that has happened just in Middlesbrough, or are there examples in other parts of the country? Have inquiries been made into that? If so, what have they shown so far? If not, can such inquiries be made? What further conversations can be had with all private providers of accommodation to ensure that this does not occur again anywhere and that, if it has occurred anywhere else, it is rectified as soon as possible?

[James Brokenshire]

As I highlighted, I spoke to the chief executive of G4S this morning and asked that work be done to assess whether this is an isolated issue. I have asked how we can talk to all the providers under the COMPASS contract and how inquiries can be made with their subcontractors as well. From initial investigations, it seems that some providers of social housing might, for maintenance purposes, paint in a particular colour. We are investigating that further. Jomast made the point that about 20% of its property portfolio is asylum accommodation. We will focus on this issue as part of the audit work I have commissioned, and we will see whether lessons can be learned about the ongoing maintenance assessment. Inspections are undertaken to identify whether accommodation remains suitable or whether steps need to be taken by our contractors. I have tasked out that work as part of the examination. I underline again that we take hate crime very seriously and will remain focused on it in our forthcoming work.

The hon. and learned Gentleman asked about inspections. We will look at the processes and procedures to establish why the significance of this issue was not identified earlier. I have noted reports in the press and elsewhere of the issue having been highlighted to G4S and potentially to others. We are seeking to get to the bottom of that.

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

I congratulate and thank the hon. Member for Middlesbrough (Andy McDonald) for bringing this issue to the Floor of the House. The provision of accommodation to asylum seekers deserves significant scrutiny, so I welcome the Minister’s announcement of an urgent audit of asylum-seeker accommodation in the north-east. SNP Members and others across the House share his concerns and will have been appalled by the revelation of what seems to have been, at best, an eye-wateringly negligent red-door policy.

We question, however, whether an audit goes far enough. The story of the red doors is troubling, but the delivery of contracts for the provision of asylum accommodation across the country is a broader issue and raises similar serious concerns. Will the Government listen to those concerns? When I speak to the Scottish Refugee Council, I hear about problems of poor-quality accommodation; poor treatment of asylum seekers by staff, sometimes because of a lack of training, sometimes because of inexcusable abuse and mistreatment; inappropriate sharing of accommodation; and about not so much a lack of integration of the services referred to by the Minister but their complete and utter fragmentation. Will he broaden the inquiry into the provision of accommodation for asylum seekers to reflect those concerns? We need an inquiry that speaks to asylum seekers living in accommodation provided by Government contractors and to organisations such as the Scottish Refugee Council, which could have so much input. Finally, when will a decision need to be made into the extension of these contracts and what opportunities will there be for parliamentarians to scrutinise and input into that decision?

[James Brokenshire]

Property standards are monitored under the COMPASS arrangements by three key performance indicators, to ensure that accommodation is safe, habitable and fit for purpose. Accommodation is inspected frequently by G4S, the local authority and the Home Office, and, as I have indicated, housing officers visit a third of all properties every 28 days, on an intelligence-led basis, under our overall compliance approach.

The hon. Gentleman made a point about complaints. Provisions in the contract ensure that complaints should be escalated and taken seriously. Again, that is something I want the audit to understand in terms of the situation in the north-east. The matter will be pursued in that way. He also asks for a broadening of the arrangements. I do not judge that to be appropriate. I will see what the audit tells us and then consider whether further action is needed.

[Keith Vaz (Leicester East) (Lab)]

It is extraordinary that, with all these inspections, it took a journalist as distinguished as Andrew Norfolk to expose the problems. I accept what the Minister has said—he has acted with great speed in trying to put measures in place—but the Home Affairs Committee has written to Ministers in the past with concerns about the COMPASS contract. Over the years, Ministers have given these contracts to big companies, such as G4S and Serco, that are once removed from the real providers. As the House knows, G4S is a serial offender in respect of these breaches. With the greatest will in the world and despite his commitment to making sure something is done, I do not believe that an audit will be sufficient. If it is accepted that the doors were painted in a certain colour, that is appalling, and it should have been discussed and discovered earlier. When the audit is complete, will he undertake either to make a statement to the House or come to the Select Committee with its findings?

[James Brokenshire]

As the right hon. Gentleman knows, I appear before his Committee frequently to update it and, by extension, the House on matters relating to the immigration system. I believe I might be appearing before it in the near term, which might provide an opportunity for me to update him and his Committee and, by extension, other right hon. and hon. Members, about the work being done. I can certainly give him that assurance.

The right hon. Gentleman highlighted the question of whether it was accepted or known that doors were painted a particular colour. As I have already told the House, there is a practice among some social housing providers to paint in a particular colour for maintenance purposes, but it is precisely those factors that I will want to understand as part of the audit of not simply the practice in the north-east but the inspection regimes and processes we have in place to identify whether issues, standards and complaints are dealt with appropriately.

[Mr David Winnick (Walsall North) (Lab)]

It is a good job that we have journalists such as Andrew Norfolk, who also helped, of course, to expose the Rotherham abuse scandal. Is it not a matter of concern that whenever some abuse is known about and comes into the public arena, the Minister makes a statement and somehow or other G4S seems to be involved? I would have thought that that would be a source of some concern to the Home Secretary and her Ministers. I do not question for a moment the Minister’s objections, just like those of the rest of us, to any form of discrimination, but should not those responsible for what occurred—the painting of doors in red where asylum seekers are concerned—be told in the clearest possible language that certain aspects of 1936 Berlin are not to be repeated in Britain in 2016?

[James Brokenshire]

We need to look at this issue very closely and carefully, which is precisely what we have committed to do. As to G4S and the properties it provides in the north-east, we examined about 84 properties where inspections were successfully completed. Where defects were identified, action was taken. According to our assessment, there were no key performance indicator failures in respect of Middlesbrough. That is precisely what the audit will examine further, taking into account the state and condition of the properties. This House has telegraphed its message very clearly today, in standing against hate crime and discrimination and ensuring that those who are here and who have sought lawfully to claim asylum are given a fair and appropriate welcome by this country, as we would all expect.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

It is my understanding that concerns about this practice of painting doors red were first raised in 2012 by my Liberal Democrat colleague and then Middlesbrough councillor, Suzanne Fletcher. She has pursued the issue doggedly ever since, and it is largely due to her efforts that the matter has now come to light today. She was told by G4S that it had received no complaints, so there was no need to take any action. That could manifestly not be the case, and does it not raise in the Minister’s mind at least a suspicion that an audit is somewhat less than what is required? Yet again G4S has come to public attention for all the wrong reasons, and yet again it has been found wanting.

[James Brokenshire]

I discussed with the chief executive this morning the issue of complaints and when the matter was first made known to G4S. It is a matter that he has committed to examine further to get to the bottom of how G4S handled the issue for its own satisfaction. It is a question of doing the audit I have commissioned urgently to see the situation on the ground and understand how the inspection and audit regime has been conducted thus far. I will obviously want to reflect on what that tells me.

[Alex Cunningham (Stockton North) (Lab)]

Jomast has a major base in my constituency, and this is not the first time that it has come under national media scrutiny for the wrong reasons. I have visited some of the hovels that have apparently passed the test as “decent homes”, driving huge profits directly from Government contracts. While the Minister inquires further into this latest scandal, will he also order a further review in real detail of the standards of Teesside accommodation, including houses of multiple occupation in my Stockton North constituency, and get a better deal and better value for money for both tenants and the Government?

[James Brokenshire]

As I have already indicated, a key part of the work we undertake is to see that accommodation is safe, habitable and fit for purpose. That is what the inspection regime looks at. To date, on the basis of the advice I have seen, those standards have been met. Clearly, however, we can focus on that element as part of the audit and see what that information tells us.

bill presented

House of Commons Members’ Fund Bill

Presentation and First Reading (Standing Order No. 57)

Mr Christopher Chope presented a Bill to consolidate and amend provisions about the House of Commons Members’ Fund; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 January, and to be printed (Bill 121).

Donald Trump

James Brokenshire Excerpts

Monday 18th January 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

It is a pleasure to serve under your chairmanship, Sir David. I congratulate the hon. Member for Newport West (Paul Flynn) on the manner in which he opened this debate, underlining the reasons why we are debating the issue and the importance that we in this Parliament attach to petitions. When those supported by the public reach a threshold, it provides a voice for the public in this House. That has been an important addition to our processes. He was also right to underline the shared sense of history between the United Kingdom and the United States, and the relationship that we have enjoyed over a considerable period of time. This debate has underlined the value and importance that this House places on freedom of speech, as well as our ability to allow all different views and perspectives to argue those points. That has been done clearly and effectively in this impassioned debate.

Before I respond to a number of the points raised in this debate, there are a few things that I want to say at the outset. Britain is a successful multiracial, multi-faith, multi-ethnic country. Our strength derives from that diversity. Life in our country is based on fundamental values that have been shaped by our history and that are supported and shared by the overwhelming majority of the population: the rule of law, democracy and individual liberty; freedom of expression; mutual respect, tolerance and understanding among different faiths and beliefs. These make the foundation of our successful, pluralistic nation. They unite us and help our society to thrive.

I am proud that our country has so many vibrant, diverse communities comprising people of many faiths. I celebrate the contribution made by British Muslims in this country in every sphere and every walk of life, from those who fought in the trenches in world war one and fought fascism in world war two to businessmen, doctors, nurses, teachers, members of our armed services and Members of this House, some of whom have made powerful and impassioned speeches in this debate. They are proud to be both British and Muslim without any contradiction.

Yes, the threat from terrorism at home and abroad is serious and real; we have seen the damaging and corrosive effect of extremism in our communities. But suggesting that the solution is to ban Muslims who have done nothing wrong ignores the fact that extremism affects all communities and hatred can come from any part of society. It ignores the fact that Muslims are themselves far too often the targets of extremism and hatred, and that around the world many Muslims—more than any other group—are killed by terrorism. It also gives succour to the false view that Muslims cannot live a purposeful and fulfilled life in the west. Such assertions are fundamentally wrong, and as a country we could not be clearer in saying so.

If we are to defeat the threats that we face, we need to work together. We need everyone to play a part in stopping the poisonous spread of extremism and helping to protect vulnerable people from being drawn towards its twisted ideology. That is the approach that this Government seek to foster, because we have seen the devastating impact that radicalisation can have on individuals, families and communities and because around the world, more than 1.5 billion people of different nationalities, outlooks and political persuasions live peacefully, practising the Muslim faith.

We must protect those who might be vulnerable to the poisonous and pernicious influence of radicalisation, working with faith groups, community organisations and mosques across the country. It is a job for all of us, and we continue to work in partnership with communities of all faith backgrounds to challenge those who spread hatred and intolerance. We must work with the overwhelming majority of people of this country who abhor the twisted narrative that has seduced some of our people, and challenge those who use a warped version of faith to undermine our fundamental values.

Many of the contributions from right hon. and hon. Members this evening have focused on Donald Trump’s call for a temporary shutdown on Muslims entering the United States. The Prime Minister has said that Donald Trump’s comments are

“divisive, unhelpful and quite simply wrong.”

I reiterate the Prime Minister’s view and profoundly disagree with Donald Trump.

Regarding Mr Trump’s comments about the UK and London in particular, again he could not be further from the truth. We should all be proud of London’s status as one of the world’s most diverse and tolerant cities, and of the police’s role in keeping the entire city safe, working in all communities to protect people from radicalisation, and I pay tribute to their tireless work.

[Sir Edward Leigh]

My right hon. Friend mentioned the Prime Minister. Before he sits down at the end of his remarks, will he commend the Prime Minister’s article in The Times today, in which the Prime Minister says the key to good race relations is full integration? The Prime Minister also points out that there is still a worryingly large number of Muslim women who do not speak English and are not in the jobs market, and he wants to improve the situation. Will my right hon. Friend the Minister commend the Prime Minister?

[James Brokenshire]

I agree with the policy that the Prime Minister has rightly identified today, in seeking to ensure that language is there to make sure that we help migrants to participate and integrate better in everyday life. That is the building block behind the policy that the Prime Minister has rightly identified.

Equally, the Prime Minister has been prepared to look at some uncomfortable facts; for example, the fact that in 2011 22% of British Muslim women spoke poor or no English compared with just 9% of British Muslim men. Therefore, it is how we can target that support at those communities in the greatest need that is important, and that is precisely why Louise Casey has been engaged, as part of her work, to go about identifying that.

[Anne McLaughlin]

Does the Minister understand the point I made earlier, that making this help available for migrant people who do not speak English is different from saying, “You must do it if you are a Muslim woman”? This support should not be aimed at a religion but at people who require it.

[James Brokenshire]

This is not a Muslim-only scheme, and the point that I rightly make is that it is targeted at those communities that are most impacted and most affected. Equally, that is why I make the point about the 22% figure that the Prime Minister has rightly highlighted today.

I will address the issue of exclusion. The Home Secretary has the power to exclude a national from outside the European Economic Area and refuse them entry to the UK if they have personally directed that that person’s exclusion from the UK is conducive to the public good. This power is derived from the royal prerogative and is exercised by the Home Secretary in person. Exclusion decisions are not taken lightly or in isolation. The Home Secretary makes every decision on a case-by-case basis, taking into account the information available and a wide range of policy and operational factors. These factors include views from across Government, including from the Department for Communities and Local Government, and from the Foreign and Commonwealth Office. They also include consideration of any interference with the person’s human rights under the European convention on human rights, such as their article 10 right to respect for freedom of speech. The hon. and learned Member for Holborn and St Pancras (Keir Starmer) has also underlined some of those factors and elements that are part of the policy that we adopt in considering matters of exclusion.

The Home Secretary uses her power to exclude foreign nationals to protect us from national security threats, to protect us from radicalisers and hate preachers, and to protect us from people who seek to undermine our core British values. The policy is not targeted at any particular community; it is targeted at all those who advocate hatred or violence, regardless of their origins or beliefs. The Home Secretary has prevented neo-Nazis, Islamist extremists and anti-Muslim hate preachers from entering the UK. She has excluded more preachers of hate than any other Home Secretary before her—103 since 2010—and she will continue to use the exclusion power against those who seek to do us harm.

The Government have a long-standing policy of not routinely commenting on those who are being considered for exclusion for sound legal reasons, and I will maintain that position this evening. However, what I can say is that the US remains our most important bilateral partner. It is in the UK’s interest that we engage all presidential candidates— Democratic and Republican—even though we may disagree profoundly on important issues. Where there are clear differences of opinion, the most effective way to influence our American partners is through a frank and open exchange of views in taking on those arguments. Today’s robust debate has provided a platform to do just that.

[Anne McLaughlin]

I thank the Minister for giving way again; I have almost forgotten what I was going to say. He said that the Home Secretary has a policy position of not commenting on people who are being considered for the exclusion list. Does that mean that he can neither confirm nor deny that Donald Trump is being considered for that list?

[James Brokenshire]

As I say, we do not comment on individual matters, but I would cite what the Chancellor of the Exchequer has rightly underlined in saying:

“The best way to defeat such nonsense is to engage in robust, democratic debate and make it very clear that his views”—

that is, Donald Trump’s views—

“are not welcome.”—[Official Report, 9 December 2015; Vol. 603, c. 990.]

We have also had remarks about Donald Trump’s comments in respect of investment in Scotland. The appointment of Global Scots is, of course, a matter for the Scottish Government. The UK Government have never given Mr Trump awards or appointments, honorary or otherwise. Mr Trump has threatened to withhold investment in Scotland in response to the calls to ban him from the UK. Over the years, Mr Trump has made a number of different statements about the scale of his investments in the UK and his willingness to maintain them. The UK is the No. 1 destination in Europe for inward investment and the World Bank has ranked the UK as the sixth easiest place in the world to do business. So, any organisation that makes promises about investment in the UK should live up to those promises.

In conclusion, we will not win the fight against extremism by demonising communities and tarring an entire religion because of the actions of a few, and we will not defeat the threats we face by acting in isolation. We will win the fight by working together, standing shoulder to shoulder with people of different faiths and different backgrounds, defending our values, and by showing that division, hatred and hostility have no place in our societies.

Immigration Detention: Vulnerable Persons

James Brokenshire Excerpts

Thursday 14th January 2016 Written Statements

[The Minister for Immigration (James Brokenshire)]

The Government are committed to an immigration system that works in Britain’s national interest, and commands the confidence of the British people. Coming to the United Kingdom to work, study or visit is a privilege, not an unqualified right. Accordingly, the Government expect anyone who comes to the UK to comply with their visa conditions and, if they do not, to return home voluntarily at the first opportunity.

We have put in place a robust legal framework, which prevents the abuse of appeals procedures and encourages timely and voluntary departures by denying access to services, such as bank accounts, rental property, the labour market and driving licences, to those with no right to be here. Where individuals nonetheless fail to comply with immigration law, and refuse to leave, we will take enforcement action to remove them from the UK. Where it is necessary for the purposes of removal, and taking into account any risk that an individual may abscond, this will involve a period of detention—which of course can be avoided if the individual departs voluntarily. The Government are clear that in these circumstances it is in the public interest to detain and remove such individuals, and the vast majority of those in detention are, accordingly, those who have made their way to the United Kingdom unlawfully or breached their conditions of entry, have failed to make their case for asylum, or are foreign criminals.

It is a long-established principle, however, that where an individual is detained pending removal there must be a realistic prospect of removal within a reasonable time. Depriving someone of their liberty will always be subject to careful consideration and scrutiny, and will take account of individual circumstances. It is vital that the system is not only efficient and effective but also treats those within it with dignity and respect, and takes account of the vulnerability of those detained.

It is against this background that in February last year the Home Secretary asked Stephen Shaw to conduct a review of the welfare of vulnerable individuals in detention. His review is being published today (Cm 9186). It makes recommendations for operational improvements, for changes to the policy on detaining vulnerable people, and for changes to the provision of healthcare services in detention. Copies have been laid in the House. The Government are grateful to Mr Shaw for his review, welcome this important contribution to the debate about effective detention, and accept the broad thrust of his recommendations. Consistent with our policies, we will now take forward three key reforms, working across Government and the national health service and with private sector providers.

First, the Government accept Mr Shaw’s recommendations to adopt a wider definition of those at risk, including victims of sexual violence, individuals with mental health issues, pregnant women, those with learning difficulties, post-traumatic stress disorder and elderly people, and to recognise the dynamic nature of vulnerabilities. It will introduce a new “adult at risk” concept into decision-making on immigration detention with a clear presumption that people who are at risk should not be detained, building on the existing legal framework. This will strengthen the approach to those whose care and support needs make it particularly likely that they would suffer disproportionate detriment from being detained, and will therefore be considered generally unsuitable for immigration detention unless there is compelling evidence that other factors which relate to immigration abuse and the integrity of the immigration system, such as matters of criminality, compliance history and the imminence of removal, are of such significance as to outweigh the vulnerability factors. Each case will be considered on its individual facts, supported by a new vulnerable persons team. We will also strengthen our processes for dealing with those cases of torture, health issues and self-harm threats that are first notified after the point of detention, including bespoke training to GPs on reporting concerns about the welfare of individuals in detention and how to identify potential victims of torture.

Second, building on the transfer of healthcare commissioning in immigration removal centres to the NHS, and taking account of the concerns expressed by Mr Shaw about mental healthcare provision in detention, the Government will carry out a more detailed mental health needs assessment in immigration removal centres, using the expertise of the Centre For Mental Health. This will report in March 2016, and NHS commissioners will use that assessment to consider and revisit current provision. In the light of the review the Government will also publish a joint Department of Health, NHS and Home Office mental health action plan in April 2016.

Third, to maximise the efficiency and effectiveness of the detention estate, and in response to Mr Shaw’s recommendation that the Home Office should examine its processes for carrying out detention reviews, the Government will implement a new approach to the case management of those detained, replacing the existing detention review process with a clear removal plan for all those in detention. A stronger focus on and momentum towards removal, combined with a more rigorous assessment of who enters detention through a new gate-keeping function, will ensure that the minimum possible time is spent in detention before people leave the country without the potential abuse of the system that arbitrary time limits would create.

The Government expect these reforms, and broader changes in legislation, policy and operational approaches, to lead to a reduction in the number of those detained, and the duration of detention before removal, in turn improving the welfare of those detained. Immigration enforcement’s business plan for 2016-17 will say more about the Government’s plans for the future shape and size of the detention estate.

More effective detention, complemented by increased voluntary departures and removing without detention, will safeguard the most vulnerable while helping control immigration abuse and reducing costs.

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