Child Refugee Resettlement

Debate between James Brokenshire and David Burrowes

Tuesday 10th May 2016 Commons Chamber

[James Brokenshire]

I have already provided the House with information this morning about children who have arrived in the UK and those applications accepted as “take charge” requests, and I will reflect further on what data can be provided, but clearly we are reliant on the French Government in relation to assessment. One key issue is the identification of children in the camps in Calais and Dunkirk. We are engaged in that work with the French Government in order to help achieve that.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I commend the Minister for his significant and long-standing commitment—it did not just start with the consideration of the Dubs amendment—to work for the best interests of lone children. Can he confirm that the lead he is taking in relation to additional expertise in Calais and the imminent dispatch of 75 experts to Greece is resulting in family reunions being expedited and that that will continue in the coming weeks? On transparency, can the results be published alongside the quarterly statistics?

[James Brokenshire]

As I have just indicated, I will consider further what information can be provided so that people can assess how the Government are progressing. When I was in Athens on Friday, I discussed directly how the experts we wanted to be deployed in the coming weeks could be used effectively and could bring a focus on issues of vulnerability, exploitation and support for vulnerable children.

Immigration Bill

Debate between James Brokenshire and David Burrowes

Monday 25th April 2016 Commons Chamber

[James Brokenshire]

I respect what the right hon. Lady says, and we have considered the matter carefully. As she will know, Kevin Hyland, the Independent Anti-slavery Commissioner, has set out a clear view on the time period that should apply to the duration of the visa. He said that allowing annual extensions to all overseas domestic workers will significantly increase the risk of exploitation and possibly create an environment in which criminals could operate. Such cases had been happening prior to the 2012 change in visa rules.

We have already amended the immigration rules so that overseas domestic workers are admitted on conditions of stay that permit them, during the six-month period for which they are admitted, to change employer. They do not need to apply to the Home Office to do so. We have also already amended the immigration rules so that overseas domestic workers who obtain a positive conclusive grounds decision can obtain a two-year extension of stay. We have considered the concern that overseas domestic workers may not readily be able to secure alternative employment as a domestic worker if, even when they are referred into the national referral mechanism, their permission to work ends when the six-month period of their admission expires.

We will make a further change to address that, using the powers in section 4(1) of the Immigration Act 1971 to ensure that when an overseas domestic worker has been referred into the national referral mechanism during their initial six-month stay, their permission to take employment will continue while their case is assessed, and without the worker having to make an application. With that additional change, the measures will ensure that, when a worker arrives in an abusive employment relationship, they can leave it with the certainty that they will be able to continue working, while also ensuring that they are encouraged to report the abuse early. The Lords amendment is therefore unnecessary.

It is essential that overseas domestic workers properly understand the protections available to them and are provided with a safe space in which concerns about employment conditions can be raised at an early stage. It is not, however, clear that the Lords amendment’s provisions in respect of information meetings quite work. It does not appear sufficient to specify a requirement to attend such meetings in guidance issued to immigration staff if they are to be binding on the workers themselves, nor is it clear how we could require attendance to take place within the 42-day period, as the amendment provides, if the requirement to do so is triggered only at the end of that period.

We have already committed to implementing Mr Ewins’ recommendations concerning information meetings, so further legislative provision is not required. It would be sensible to preserve flexibility to decide whether the requirement to attend should be triggered at 42 days, as Mr Ewins’ originally proposed, or sooner, as the Independent Anti-slavery Commissioner has suggested. We also intend to link the requirement to attend such meetings to a registration scheme for employers, as part of a wider refocusing of our checks on employers, and to ensure that we are better able to prevent employers from bringing more workers to the UK when they have not complied with our requirements. We will do so through further changes to the immigration rules later this year. We will keep the position under review and have sufficient legislative powers to make any additional changes to protect overseas domestic workers. The Lords amendment is unnecessary, will not be effective in practice, and risks increasing the possibility of exploitation and creating an environment in which criminals can operate with impunity.

I turn now to Lords amendments 84 and 85. It is a well-established principle that there must be a realistic prospect of removal within a reasonable time period for an individual to be detained pending removal. Our current published policy in respect of immigration detention is that there is a presumption of liberty. Depriving someone of their liberty must be subject to careful consideration and scrutiny, taking into account an individual’s circumstances.

On these broad issues, I have appreciated the input of many colleagues from across the House. I take particular note of the all-party parliamentary group on refugees, led by Sarah Teather in the previous Parliament, which carefully considered the issues and made several important recommendations. I also value the opportunities that I have had to speak to a number of colleagues, including my hon. Friends the Members for Enfield, Southgate (Mr Burrowes) and for Bedford (Richard Fuller) and my right hon. Friend the Member for Meriden (Mrs Spelman), on several such issues. The Government take the matter seriously and announced a wide package of reforms, which is already under way, in response to the Shaw review.

The new adults at risk policy, due to be published in May, will recognise the dynamic nature of vulnerability and introduce a new focus on decision making with regard to immigration detention. Building on the current legal framework, it will strengthen the existing presumption against the detention of those who are particularly vulnerable to harm in detention. Individuals determined to be at risk will generally be considered as unsuitable for detention unless there is compelling evidence that other factors relating to immigration abuse and the integrity of the system are of such significance that they outweigh the vulnerability factors. A new gatekeeper function will provide additional oversight and scrutiny to ensure that detention is the appropriate option for those entering the detention estate. That will be further strengthened by a new approach to case management, with a clear focus on case progression via a removal plan and a process for a panel to review cases on at least a quarterly basis. The Government’s proposed motion is another important safeguard that will complement the wider reform, providing additional judicial oversight.

The proposal is that individuals will be automatically referred to the tribunal for a bail hearing six months after the point of detention, or if they have already applied for a bail hearing in the first six months, six months after that hearing. They will then receive further referrals at six-monthly intervals from the point of the last hearing. The referral requirement will act as a safeguard, ensuring that individuals who do not make an application themselves, for whatever reason, will have independent judicial oversight of their ongoing detention. Individuals will still be able to make an application themselves at any point. The package of reforms should result in fewer people being detained and for the minimum time possible.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I welcome the diligence and care that the Minister has afforded colleagues from across the House in relation to the package that was announced last week. It was also indicated that Stephen Shaw, who provided a helpful report, will undertake a further short review. Will the Minister provide some details about the timing of that report and whether its remit will include an assessment of the reforms that the Minister outlines, such as the additional judicial oversight and the impact that that has on length of time in detention?

[James Brokenshire]

I am grateful to my hon. Friend for his intervention, his insights and his work on the issue over an extended period. We want Stephen Shaw to evaluate the effect and operation of the reforms that we implemented in response to his review. Along with the various measures that we have outlined, they form part of our overarching package of reform to immigration detention.

On the timing, it is right that the system can be implemented and can run for a certain period. I therefore anticipate Stephen Shaw carrying out this short review towards the end of next year. That is an appropriate timescale, allowing us to implement the changes through to the end of this year and then see them run for the best part of a year, to ensure that his consideration is informed by a system that has bedded in.

Yarl’s Wood Immigration Centre (Detainee Death)

Debate between James Brokenshire and David Burrowes

Monday 31st March 2014 Commons Chamber

[James Brokenshire]

I thank the right hon. Lady for the tone of her comments and the points she has made about this tragic incident. I certainly agree that it is important that we have a system that is firm but fair and treats those who are in our immigration removal centres in a humane and appropriate way. That is certainly the standard that I expect, and I know that that view is shared by the Home Secretary and all of us who have responsibility in this regard.

The right hon. Lady asked about the level of support provided to those at the centre. I have spoken to the centre director, John Tolland, about that. He has underlined the fact that there has been increased staffing, increased counselling is being provided, and additional pastor support has been arranged for those at the centre.

I am not in a position to comment on the specific points that the right hon. Lady raised, but I can assure her that they will have been heard by those with responsibility in the police and the inspectorate. Certainly, I would expect all issues to be thoroughly analysed and investigated appropriately, given the nature of this incident.

The right hon. Lady highlighted the issue of medical support and the overall regime at Yarl’s Wood. She will be aware that the chief inspector of prisons, Nick Hardwick, conducted an unannounced inspection of Yarl’s Wood, and it is worth highlighting his concluding remarks. He said:

“Yarl’s Wood has had a troubled past, punctuated by serious disturbances and controversy surrounding the detention of children. This inspection found that the improvements we have noted since the detention of children ended have continued. Nevertheless, despite the good progress made, improvement continues to be necessary.”

I entirely endorse that. There is a need for continued focus to ensure that we see further changes and improvements at Yarl’s Wood. That is something that I will continue to focus on.

On health service support, specific recommendations that were contained in the inspector’s report have been pursued and there has been further analysis of the health support required there. That has been sent to the NHS commissioners.

I reassure the House of the seriousness that we attach to the incident. We expect all issues to be properly investigated and pursued.

[Mr David Burrowes (Enfield, Southgate) (Con)]

Given what we have heard about Yarl’s Wood today, how does it make sense for my constituent, Yashika Bageerathi, to have been detained there for nearly two weeks now, away from her traumatised mother and family? Her plight has been championed by the students at Oasis Academy Hadley school and by over 170,000 people in an online petition. They want her back to continue her studies and to complete her A-levels in May. Given that Home Office policy says specifically that someone who is three months away from sitting a major exam will not be removed, will the Minister order the release of Yashika today and allow common sense and compassion to prevail?

[James Brokenshire]

I know that my hon. Friend has raised concerns about this case and I commend him for his customary focus on supporting his constituents, which he has underlined again in respect of this individual case.

We consider every claim for asylum on its individual merits and this particular applicant was not considered to be in need of protection. The case has been considered carefully not simply by the Home Office but by the courts and tribunals, and has gone through the proper legal process. The decision has been upheld and supported by the courts. Given those circumstances and the extent and level of judicial and other scrutiny, the Home Secretary has indicated that she does not feel that it is appropriate to intervene. That remains our position.

Oral Answers to Questions

Debate between James Brokenshire and David Burrowes

Monday 2nd December 2013 Commons Chamber

[James Brokenshire]

I can say to the hon. Gentleman that the National Crime Agency is working closely with the Gangmasters Licensing Authority and, indeed, has been involved in an important operation in Cambridgeshire in the past few weeks. Evidence is being taken by the Centre for Social Justice as part of our preparations for the modern slavery Bill. We are focusing on provisions that relate to enforcement by policing and law enforcement agencies, but we will clearly keep operational matters under review.

[Mr David Burrowes (Enfield, Southgate) (Con)]

On the basis of figures about UK citizens receiving consular advice for alleged trafficking and the fact that very few seem to be brought to justice overseas, is the Minister giving proper attention and resources to ensuring that UK citizens who ply this evil trade abroad are properly brought to justice?

[James Brokenshire]

I absolutely agree with my hon. Friend on the need to look at this complex issue both domestically in the UK and overseas. That is why we are working with other Governments and our embassies to strengthen support services for victims and to prevent these appalling crimes from occurring. The National Crime Agency has a focus on looking internationally and co-ordinating its work with overseas law enforcement agencies, so ensuring that where there is evidence, those involved in these pernicious crimes will be brought to justice.

Oral Answers to Questions

Debate between James Brokenshire and David Burrowes

Monday 9th May 2011 Commons Chamber

[James Brokenshire]

The advice we have received from the Advisory Council on the Misuse of Drugs confirms that cannabis is a significant public health issue. I certainly sympathise with anyone suffering from a debilitating illness, but we do not condone any illicit drug taking, for whatever reason. As I have indicated, GPs may prescribe Sativex in the circumstances mentioned. That is available, and we are dealing with its regulation.

[Mr David Burrowes (Enfield, Southgate) (Con)]

That is not the most significant medical issue in relation to cannabis. In its higher form in particular, there are significant risks to young people, such as the probable causal link to mental illness, especially psychosis and schizophrenia. Will the Minister reassure the House that the Government will continue to take a tough line and ensure effective enforcement of the law on possession of cannabis?

[James Brokenshire]

I know that my hon. Friend takes these issues incredibly seriously, and has focused on drugs policy for some time. I assure him that our position is that the classification of “illegality” can influence behaviour and be a meaningful factor when people are contemplating taking drugs. That is why we do not have any proposals to change the classification of cannabis, and why we place so much importance on the current legal arrangements in ensuring we reduce supply and deal with these problems. There is no change of policy.