EU Nationals: UK Residence

Debate between James Brokenshire and Fiona Mactaggart

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

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

[Fiona Mactaggart (Slough) (Lab)]

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

[James Brokenshire]

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

Child Refugee Resettlement

Debate between James Brokenshire and Fiona Mactaggart

Tuesday 10th May 2016 Commons Chamber

[James Brokenshire]

My hon. Friend takes me to the implementation of the “children at risk” resettlement scheme, and the new arrangement under which 3,000 people from the region around Syria will be resettled over the next four years. That is not focused specifically on Syrian nationals; all nationals will fall within its scope, which I hope reassures my hon. Friend of the Government’s continuing commitment.

[Fiona Mactaggart (Slough) (Lab)]

On 14 April I asked the Minister how many children in France who had applied for asylum or family reunion had been admitted to the UK, and he told me that the data are not held in a way that allows them to be reported on automatically. I am certain that in preparation for last night’s debate and today’s urgent question, he is aware of those data. Will he tell the House how many children with family have already been admitted, how many have applied, and whether those children with family who have leave to remain in the UK can be admitted before the school term starts in September?

[James Brokenshire]

As I said in my opening statement, we have accepted more than 30 transfer requests since February, and more than 20 children have already arrived. We will continue to work closely with the French Government over further transfer requests, and to support them with the identification of children who are not already in the system. On transparency, I will be looking carefully at how we can update the public and the House on our progress, just as we have done for the vulnerable persons resettlement scheme.

Immigration Bill

Debate between James Brokenshire and Fiona Mactaggart

Monday 25th April 2016 Commons Chamber

[James Brokenshire]

As you have set out, Mr Speaker, there is a range of Lords amendments in this first group. I will first speak to Lords amendment 60, relating to overseas domestic workers, and then to the Lords amendments relating to detention before moving on to Lords amendment 87, relating to refugee children.

I set out the Government’s response to James Ewins’ review in my written statement of 7 March. We have acknowledged the need to provide domestic workers who arrive in the United Kingdom in an abusive employment relationship with an immediate escape route from that situation, and we have acted on that. At the same time, the Government are concerned to ensure that such abuse is reported where it occurs. If that does not happen, we cannot take action against the perpetrators and abuse may be perpetuated. The Independent Anti-slavery Commissioner has endorsed that approach, making clear his concern that granting a longer extension of stay —as the Lords amendment would—irrespective of whether abuse has occurred, may create an environment in which criminals are ensured a continuous supply of domestic workers in which to trade.

[Fiona Mactaggart (Slough) (Lab)]

The right hon. Gentleman is aware that the alternative proposal is that, if someone leaves the employ of an exploitive employer, they should notify the Home Office of that change. That creates an opportunity to investigate the reasons for the departure and therefore to have a successful prosecution for the exploitation of an overseas domestic worker, which has not happened over recent years.

[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.

Child Refugees: Calais

Debate between James Brokenshire and Fiona Mactaggart

Monday 29th February 2016 Commons Chamber

[James Brokenshire]

We are working closely with the UNHCR in relation to the resettlement programme, particularly through work in-region to see how unaccompanied children could potentially come to this country. The UNHCR is monitoring the situation in and around northern France but, as far as I am aware, has no formal remit.

[Fiona Mactaggart (Slough) (Lab)]

The Minister is aware that for 12 years we have had juxtaposed immigration controls in the northern ports of France. How does he think one official will be able quickly to determine the asylum claims to be refugees here in Britain of the 50 children identified by respectable charities as having family in the UK? One person cannot do that job.

[James Brokenshire]

The right hon. Lady should be aware that there is not just one person but a senior-level connection between officials in both Governments, so broader teams are working on these exchanges. If there is information to support a claim highlighting a close family connection under the Dublin III regulation, we will stand by our obligations.

Immigration Bill

Debate between James Brokenshire and Fiona Mactaggart

Tuesday 13th October 2015 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

This has been a very wide-ranging and passionate debate. Clearly, there are some issues that deserve further scrutiny.

Let me welcome the hon. and learned Member for Holborn and St Pancras (Keir Starmer) to his new role; this is the first opportunity I have had to do so. I look forward to further debates with him on the issues that have been highlighted during this debate.

The hon. and learned Gentleman raised a specific point on the statutory defences under the Modern Slavery Act 2015. Perhaps in the sense of wanting to respond to him positively so that we can end the debate in that manner, I can say that that Act does include provisions relating to defences. There will be a defence to the new criminal offence of illegal working in the Bill. The Director of Public Prosecutions also issues guidance to protect victims from unfair prosecution. Certainly, I can give that reassurance to him and to other Members who raised the point during today’s debate.

May I say to all hon. Members that this Government are firmly on the side of the vast majority of law-abiding migrants who play by the rules and contribute so much to our society? The UK has a long and proud history of immigration and this Government will continue to welcome the brightest and the best, the skilled and the talented to our country and to recognise the contribution that they make.

I thank all my hon. and right hon. Friends for their support of the Bill. My hon. Friend the Member for Peterborough (Mr Jackson) rightly highlighted the concern in his community and the need to deal with illegal immigration. My hon. Friend the Member for Folkestone and Hythe (Damian Collins) made the important point about exploitation by organised crime. He made the very clear statement that exploiters have the most to fear from this Bill. My hon. Friend the Member for Castle Point (Rebecca Harris) talked about strengthening criminal sanctions for illegal working.

My hon. Friend the Member for North West Norfolk (Mr Bellingham) raised an issue in relation to nurses and talked about some of the things that he has seen in his constituency. I can say to him that we take the advice on who should go on our shortage occupation list from the Migration Advisory Committee. That Committee said at the start of this year that nurses should not go on that list. It is considering the evidence further, and we will continue to take account of what it has to say on these important matters.

My hon. Friend the Member for Pendle (Andrew Stephenson) highlighted the new closure power and the scope of the director of labour market enforcement. We have launched a consultation today and I welcome contributions to that. My hon. Friend the Member for Monmouth (David T. C. Davies) highlighted his experiences on his visit to Calais, a point that was also raised by other hon. Members who have been out to northern France. Indeed, my hon. Friend the Member for Rochester and Strood (Kelly Tolhurst) also highlighted this point, and we are continuing to work with Kent County Council on the pressures it has experienced, particularly those concerning unaccompanied asylum-seeking children.

My hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) made a powerful point about having good migration, not mass migration, and my hon. Friend the Member for Gower (Byron Davies) talked about how we need to stop the abuse carried out by rogue landlords. I hope that we will reach a point in our discussions on the Bill at which we will highlight how these measures contribute to taking action against rogue landlords more generally, working with local authorities to clamp down on the appalling conditions in many of the properties those landlords own. This is about supporting the proper regulated sector and joining up to take action against those who are exploiting the vulnerable.

[Fiona Mactaggart]

The Minister said earlier that the Modern Slavery Act 2015 would protect victims who might be prosecuted for working illegally. He says that the Bill will enable us to deal with rogue landlords. Will he put in the Bill protection for landlords who let a property accidentally, who are not rogues, and protection for victims of trafficking?

[James Brokenshire]

We will no doubt discuss that point in Committee, but the Bill builds on measures in the Immigration Act 2014, including the right-to-rent provisions, the mechanisms that operate and the clear guidance we provided in the pilot scheme, and we will continue to do that. We are clear that there should not be any discrimination and that will be set out firmly in the guidance we will provide. That point about how the Government are approaching the measure must be stressed to the House.

My hon. Friend the Member for Gower mentioned the impact on children, a point that was raised by other hon. Members as well. Section 55 of the Children Act will continue to apply as regards safeguarding duties towards children.

My hon. Friend the Member for Bedford (Richard Fuller) talked about immigration detention and I repeat that we have commissioned the Stephen Shaw review into immigration detention. Stephen Shaw has recently submitted his report and his findings are being considered carefully. The report will be published by laying it before Parliament alongside the Government’s report on its recommendations.

Clandestine Migrants (Harwich)

Debate between James Brokenshire and Fiona Mactaggart

Monday 8th June 2015 Commons Chamber

[James Brokenshire]

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

[Fiona Mactaggart (Slough) (Lab)]

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

[James Brokenshire]

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

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

Immigration Bill

Debate between James Brokenshire and Fiona Mactaggart

Wednesday 7th May 2014 Commons Chamber

[James Brokenshire]

Yes. My hon. Friend rightly points to article 15 of the universal declaration of human rights, which makes a point about protection against the arbitrary deprivation of nationality. We are very clear that the provision is not arbitrary. It is a very focused and proportionate power that meets not only those requirements, but our obligations under the UN convention on the reduction of statelessness of 1961, and the declaration made by the UK when it ratified that convention in 1966. We have considered our international obligations very carefully. We believe that the provision absolutely complies with the obligations that we have set for ourselves.

[Fiona Mactaggart (Slough) (Lab)]

All the examples that the Minister has used relate to cases in which he expects people to reacquire a nationality that they gave up to avoid having their British nationality taken away. If that is his intention, would it not have been better to table a much narrower amendment in which that was the circumstance in which the Home Secretary could consider withdrawing a person’s citizenship? That might have been more broadly welcomed in the House than amendment (a).

[James Brokenshire]

Amendment (a) was carefully framed and consideration was given to the comments of the Supreme Court in the al-Jedda case. Indeed, the amendment is more tightly framed than was suggested by the Supreme Court and is required by our obligations under the ratifying declaration that the UK signed in 1966. That speaks more widely about reserving the right in relation to statelessness, including where the person has conducted themselves in a manner seriously prejudicial to the vital interests of the UK.

We have refined those broad terms in amendment (a) by requiring the Home Secretary to undertake the reasonableness test that I have highlighted. She must have reasonable grounds for believing that the individual whom we are seeking to use the powers on has the ability to obtain citizenship under the laws of another state. I argue that we have considered the matter carefully and framed the amendment appropriately to deal with the significant loophole that was created and that was highlighted by the al-Jedda judgment. We believe that it is important to close that off in the interests of national security.

--- Later in debate ---

[James Brokenshire]

I recognise those who have made the case for this change for some considerable time, and I am pleased that the Government have been able to support these amendments in the other place. I hope that this House will be equally able to support them here. It is important to recognise that they have addressed an historical anomaly and now allow that opportunity to the individuals affected of a route to citizenship that was not available to them before.

[Fiona Mactaggart]

The Minister rightly says that we are dealing with an historical anomaly, and that makes the case for introducing this part of the Bill and commencing it as early as possible. I hope that he can assure the House that he will put his foot on the accelerator to do that, because my constituent whose case prompted Lord Avebury to table these amendments is still stuck in limbo and, like other people, he would like to be able to remedy his situation.

[James Brokenshire]

I am grateful to the hon. Lady for that and I have certainly heard the points she has made.

I know that others wish to speak to their manuscript amendments, but let me just say that Lords amendment 19 clarifies that the Bill does not limit the duty regarding the welfare of children imposed on the Secretary of State or any other person by section 55 of the Borders, Citizenship and Immigration Act 2009. Under section 55, the Secretary of State must make arrangements for ensuring that her functions in relation to immigration, asylum and nationality are discharged having regard to the need to safeguard and promote the welfare of children who are in the UK. That duty continues to apply, and nothing in the Bill impinges on it.

Lords amendment 20 relates to some technical changes concerning the bank accounts measures. Lords amendments 21 to 23 respond to recommendations of the Delegated Powers and Regulatory Reform Committee, ensuring that, where appropriate, affirmative procedure processes apply in respect of certain notices and certain aspects of the sham marriage provisions contained in part 4 of the Bill. I believe that the Lords amendments, with the exception of Lords amendments 16 and 24, improve the provisions, making them clearer and more workable in practice.

Stephen Lawrence

Debate between James Brokenshire and Fiona Mactaggart

Tuesday 24th April 2012 Commons Chamber

[James Brokenshire]

My hon. Friend has, again, made a very important point about the impact that allegations of corruption have on confidence in our police. This is why the Home Secretary takes these current allegations extremely seriously. In this broader context, it is also why she has set in train a number of steps to provide assurance on these issues. Obviously relevant inquiries have been undertaken in respect of corruption to provide recommendations so that we can all have that confidence in our policing. So many good police officers are out there doing a difficult job day in, day out, and it is important that these matters are dealt with appropriately so that their work is recognised and they can get on with their job.

[Fiona Mactaggart (Slough) (Lab)]

Is not the principal allegation currently that the Russell report, which investigated the behaviour of a key police officer in the original matters, was not given to the inquiry members? As the hon. Member for Worthing West (Sir Peter Bottomley) has pointed out, it is possible to ask current inquiry members whether they got that report. Given that the allegation is that the Metropolitan police were able to suborn a public inquiry, I am deeply concerned at the extent to which the Minister seems to think it is all right to leave the timetable in the hands of the police. Can he reassure the House on this?

[James Brokenshire]

I certainly can reassure the hon. Lady as to the absolute seriousness with which the Home Secretary takes this matter; I am sure that my right hon. Friend will be having further discussions with the Metropolitan Police Commissioner about the timing of the investigations, in recognition of the public concern attached to this.

Oral Answers to Questions

Debate between James Brokenshire and Fiona Mactaggart

Monday 24th January 2011 Commons Chamber

[James Brokenshire]

My hon. Friend is right to highlight the link between alcohol and levels of crime. In fact, 50% of violent incidents are associated with alcohol. Our proposal to ban below-cost sales on the basis of duty plus VAT constitutes an initial package. We will introduce further measures to deal with licensing and other issues involving problem pubs and other alcohol outlets, and also with problem practices. That is precisely what the duty plus VAT element is about.

We will continue to monitor this complex area of policy. In particular, we will consider the rate of duty in the context of super-strength lagers, which have been associated with problematic behaviour.

[Fiona Mactaggart (Slough) (Lab)]

T10. Why are the Government—unlike the Governments of other European countries which are increasing the support for the victims of trafficking—proposing to reduce the period during which a victim of trafficking will not face deportation from 45 days to 30 days?