Covert Human Intelligence Sources (Criminal Conduct) Bill

Debate between James Brokenshire and Chris Stephens

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[James Brokenshire]

The hon. Lady makes a serious point. First, there is no retrospective effect—it is quite important for me to state that explicitly. Therefore, actions that have occurred in the past and are subject to further inquiry, and potentially further criminal investigation, are untouched by the Bill. On the position moving forward, I have explained the different safeguards. She refers to trade union activity. Trade union activity is lawful. I recognise some of the concerns expressed, and it is important that I state that in order to provide assurance. This is tightly bound—it is about providing the oversight, the governance and the proportionality and setting out the necessity of this for criminal justice, security and other issues that I have already alluded to. I am grateful to her for intervening to allow me, I hope, to be more specific on that point.

[Chris Stephens (Glasgow South West) (SNP)]

On the previous intervention, there are real concerns about women who are seeking legal redress for sexual assaults at the hands of police officers in the spy cops inquiry. Can the Minister guarantee that if those situations were to occur again, survivors of sexual assault could seek legal redress?

[James Brokenshire]

I can certainly say that there are clearly ongoing inquiries in relation to this important and sensitive issue. I have highlighted the lack of any retrospection, and I point the hon. Gentleman to what has happened since then and what the police themselves have underlined in this regard. There is an enhanced regime of what are known as relevant sources—in other words, undercover police officers—and the criminal conduct authorisation is in addition to the regime to authorise and approve a CHIS covert source in the first place.

It has never been acceptable, as the police have said, for an undercover operative to form an intimate sexual relationship with those they are employed to infiltrate and target, or who they may encounter during their deployment. This conduct will never be authorised, nor must it ever be used as a tactic in deployment. That is made clear through the code of ethics for the police as well as the updated law enforcement agency undercover operative authorised professional practice.

I hope that I have explained what the Bill does and what it does not do, and therefore how it is quite specific. On the point about what is on the face of the Bill, it is about locking in the existing regime and other safeguards on the authorisation of a source in the first place. That has to happen first, and then, if it is warranted, justified and fits within the boundaries of the Bill, there is the criminal conduct authorisation that sits alongside it, which has to be subject to the earlier authorisation.

Asylum Seekers: Glasgow

Debate between James Brokenshire and Chris Stephens

Tuesday 5th July 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

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

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

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

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

[Chris Stephens]

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

[James Brokenshire]

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

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

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

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

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

--- Later in debate ---

[James Brokenshire]

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

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

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

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

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

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

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

[Chris Stephens]

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

[James Brokenshire]

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

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

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

[Chris Stephens]

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

[James Brokenshire]

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