Oral Answers to Questions

Debate between James Brokenshire and Seema Malhotra

Monday 10th December 2018 Commons Chamber

[James Brokenshire]

I look forward to discussing that issue with my hon. Friend, because there is a sense of a need for change. Some of the abuses that we have seen are unacceptable. Although we have already put forward proposals to make that difference, I will certainly continue to talk to colleagues who may have some further imaginative thoughts.

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

I was shocked to hear that A2Dominion has sent leaseholders of a block in my constituency a landlord water bill of £900 per flat payable within 30 days, with the only explanation being that it had not read the water meter for two years. This has caused huge stress for residents and is the latest in the long line of unacceptable, sudden invoices with little or no explanation. Does the Secretary of State agree that there needs to be a change in the transparency and standards of housing association service charges, because leaseholders are treated like cash cows and the law is weighted in favour of landlords?

[James Brokenshire]

I am grateful to the hon. Lady for highlighting that particular example. It is especially appalling that leaseholders should have been presented with such a significant charge in that way. If she can send me some more details, I will look into the matter further.

Budget Resolutions

Debate between James Brokenshire and Seema Malhotra

1st reading: House of Commons
Thursday 1st November 2018 Commons Chamber

[James Brokenshire]

I will certainly refer that private Member’s Bill to the colleagues who have direct responsibility for those issues. I think the hon. Gentleman’s broader point was about the vibrancy of our high streets. Banks, post offices, shops and other businesses are intrinsic to creating the sense of a community hub. Our high streets are the heart of our communities, and they are greatly valued. We need vibrant high streets where commerce and communities meet and where people from all backgrounds can come together. I think that is recognised across the House.

It is concerning for many people to see our high streets struggling as shopping habits change, which is why this week’s Budget made it a priority to champion them and help them to adapt, with a significant £1.5 billion package of support. That includes a cut to business rates for small retailers worth almost £900 million over two years, reducing their bills by over a third and amounting to an annual saving of up to £8,000 for a wide range of independent shops, pubs, restaurants and cafés. But we are not just providing short-term relief for our retailers; we are also setting out a long-term vision for our town centres, with a £675 million future high streets fund to help councils transform their high streets by making the necessary improvements to infrastructure and transport and by redeveloping underused retail space into homes to help to secure their future.

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

The Secretary of State is laying out his plan for towns, but does he not agree that the plan needs to be inclusive and give young people something positive to do? Youth services have seen massive cuts of more than 60% in real terms since 2010. This Budget does not seem to be investing in young people. Should it not be doing so?

[James Brokenshire]

I certainly acknowledge the need to ensure that we are inclusive and that we are thinking about the next generation, and there are opportunities for that in what we are seeking to achieve on our high streets and in the creation of jobs, growth and opportunities. A sense of aspiration and ambition resides firmly at the heart of our approach as a Government. We are seeing youth unemployment coming down, and we are creating a sense of ambition and opportunity. I want to underline the huge benefits that the Government are delivering.

EU Nationals: UK Residence

Debate between James Brokenshire and Seema Malhotra

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

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

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

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

[James Brokenshire]

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

Immigration Detention

Debate between James Brokenshire and Seema Malhotra

Thursday 10th September 2015 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

I congratulate the hon. Member for Sheffield Central (Paul Blomfield), and my hon. Friends the Members for Enfield, Southgate (Mr Burrowes) and for Bedford (Richard Fuller) on securing today’s debate on the report of the joint inquiry by the all-party group on refugees and the all-party group on migration into the use of immigration detention in the UK. I am aware that all three of them, as well as others who have contributed to this debate, were part of the panel that produced this report, and I thank them and their fellow panel members for their work. The report raises interesting points on an extremely important issue, which we have examined and continue to examine carefully. Like other right hon. and hon. Members, I also want to place on the record my thanks to Sarah Teather, who chaired the panel and did some extremely important work. This was certainly a topic on which she was very impassioned, and remains so to this day.

This debate has highlighted the fact that immigration detention remains an important and emotive subject. Depriving an individual of their liberty is one of the most serious acts a state can take. The decision to detain should never be taken lightly and, once the decision has been taken, it is incumbent on the state to take proper steps to safeguard the health and welfare of those in detention. I always stress that those detained should be shown respect and dignity. This has certainly been an area of particular focus for me since I became the Minister for Immigration last year. I have visited a number of immigration removal centres; indeed my first visit this Parliament was to Yarl’s Wood, and last week I was over at Heathrow seeing the two immigration centres there. The issue will command a continuing focus, on the part of not only the House, but Home Office Ministers.

The Home Office uses immigration powers of detention to prevent unauthorised entry to the UK or to effect the removal from the UK of people who have no right to be here. A lot of the debate has highlighted asylum, but IRCs deal with many broader matters, including foreign national offenders and cases where people have overstayed and are abusing their right to be in this country. It is therefore a complex picture, but it is important that we discuss these points in the way we all have during today’s debate.

[Seema Malhotra]

rose—

[James Brokenshire]

I have a limited time to cover quite a lot of points. My normal approach would be to take lots of interventions, but I would like to make a number of points in response to those raised, if hon. Members would allow me.

It is very important that we are able to remove people who have no right to remain in the UK and those who have abused our hospitality by committing crimes. We would always prefer those with no right to be here to leave of their own volition, and a number of mechanisms in the Immigration Acts and the forthcoming immigration Bill are designed to promote that, but unfortunately it does not always happen. When individuals refuse to leave voluntarily, we must be able to enforce their removal. That may well require a period of detention, which we aim to keep as short as possible.

We need to be clear about the fact that detention is not only a necessary tool to support the removal from the United Kingdom of foreign criminals, which I am sure Members in all parts of the House would endorse, but equally important in managing non-compliance by people who are here without lawful basis of stay.

As a number of Members have mentioned, the report’s principal recommendation is that immigration detention should be subject to a statutory time limit of 28 days. I should explain that it is not possible to detain under immigration powers indefinitely, although some have sought to suggest otherwise. Indefinite detention is unlawful. To be lawful, detention must be based on one of the statutory powers in the Immigration Acts, and must accord with the limits set out in case law from both the domestic courts and the European Court of Human Rights. There must be a reasonable prospect of removal within a reasonable time frame, and the Home Office must continue to show how a case is being progressed to removal if detention is to be maintained.

Our published policy makes clear that there is a presumption in favour of liberty and that detention should be used only as a last resort, but there will be some cases in which longer periods of detention may be appropriate. The hon. Member for Feltham and Heston (Seema Malhotra) asked me about that. “A reasonable prospect of removal within a reasonable time frame” is a highly case-specific consideration. A reasonable time frame may be longer, for example, for a person with a history of non-compliance with immigration conditions than for a more compliant individual. Criminality and public protection concerns will also play heavily into the consideration of the length of the reasonable time frame. There are some very difficult cases involving foreign-national offenders who may be seeking to frustrate their removal. No doubt we will return to the issue of how that can be managed, in the context of, for instance, the use of electronic tagging, and I look forward to those future debates.

I am sure Members agree that it would be totally unacceptable to reward foreign criminals and illegitimate migrants who refuse to comply with immigration law by requiring their release, even when removal was imminent, simply because a blanket time limit had been reached. Members may recall that an amendment to introduce a statutory limit of 60 days was proposed in another place during the Report stage of the Immigration Bill last year, and was rejected by a majority of over 300. The rejected time limit was significantly more than the 28-day limit proposed in this report. In the light of that earlier clear vote, the Government do not currently propose to return to legislate on the issue, but we will keep it under review.

The report recommends that more use should be made of alternatives to detention in the UK, and I entirely agree with that recommendation. Our published policy already reflects the view that detention should be used only as a last resort, and that alternatives should be considered whenever possible. I am considering carefully what further steps may be taken in that regard.

Concerns have been raised that we do not deport or remove people quickly enough, and that they may therefore spend longer in detention. Concerns have also been raised about the number of people who are released from detention rather than being removed from the UK. We are keen to ensure that deportation or removal takes place promptly. We streamlined immigration and appeal processes in the Immigration Act 2014 to support that, and we are considering what further steps can be taken.

People may be released from detention for a wide variety of reasons. For example, their circumstances may have changed in a way that makes detention inappropriate, they may have been granted bail, or their removal may have been prevented or delayed by unexpected obstacles such as the securing of travel documents or the lodging of late legal challenges. It does not follow automatically from a release that the original decision to detain was wrong.

However, there is more that we can do in this area. Work is in hand to examine the purpose, operation and size of the detention estate. As part of that work, we will be looking at the issues of gatekeeping for entry to detention and the review of detention, once authorised, to see how those important functions might be enhanced. We will certainly reflect on the points that have been made about caseworking. I take this very seriously, because I want to ensure that the use of detention is appropriate and is applied in the right manner.

Part 2 of the report focuses on the physical conditions of detention, including the standard of accommodation provided in immigration removal centres and healthcare representation. It is common ground that when we do detain, it is vitally important for individuals to be held in humane but secure accommodation, and for us to ensure that their welfare is safeguarded at all times. Obviously, we have an overview from Her Majesty’s chief inspector of prisons, and I meet representatives of the independent monitoring boards that operate in immigration removal centres, whose reports I take extremely seriously.

Following the publication of the report, we asked Stephen Shaw, who was conducting an independent analysis of welfare in IRCs, to look specifically at part 2 as part of his review. We have not yet received Mr Shaw’s report and had an opportunity to consider it fully, and it would not be appropriate for me to speculate on its findings, but I assure the House that we will be considering it very carefully indeed. It is a serious piece of work, and we will give its response serious consideration.

I am conscious that I am nearing the end of the 10 minutes that Front Benchers are customarily allowed. I apologise again to Members for that fact that I may not have been able to respond to every single point. I thank the members of the all-party parliamentary groups for their work in putting the report together, and I thank the Members who secured today’s debate. I take this issue extraordinarily seriously, and the Home Secretary does as well. That is why we commissioned Stephen Shaw’s report, and, once it has been concluded, we will update the House accordingly.

Oral Answers to Questions

Debate between James Brokenshire and Seema Malhotra

Monday 9th February 2015 Commons Chamber

[James Brokenshire]

I am grateful to my hon. and learned Friend for highlighting the work of Operation Nexus, which has succeeded in removing 3,000 foreign national criminals by identifying them early in the custody suites and by working alongside our immigration enforcement teams and the police. This approach enables us to deal with any issues at the earliest opportunity and see that these people are removed.

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

Will the Minister confirm that in the last year of the Labour Government more than 5,500 foreign criminals were deported, but that every year since 2010 the figures have been lower? Why is this?

[James Brokenshire]

I can answer the hon. Lady’s question very directly—because there has been a 28% increase in the number of legal appeals. Despite all the appeals and legal challenges, however, we have removed 22,000 foreign national offenders. We are in no doubt about the Government’s resolve to deal with this issue. We introduced the Immigration Act and are speeding up the process. The Government are taking the right action.

Oral Answers to Questions

Debate between James Brokenshire and Seema Malhotra

Monday 17th November 2014 Commons Chamber

[James Brokenshire]

I can certainly underline the steps that we are taking to speed up the process. Moving offenders straight from prison to deportation is saving the taxpayer £27.5 million, and Operation Nexus ensures that police officers work alongside immigration enforcement officers to ensure that the information needed to aid deportation later in the process is provided. We are taking an end-to-end approach.

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

Recently, the Australian Government decided to deport an individual following serious concerns about the impact of his views on the safety of women. To prevent us from having to deport individuals as the Australians did, and given that his seminars promote choking and sexual assaults in order to seduce women, will the Home Secretary consider using her powers to exclude Julien Blanc from the UK if, like me, she assesses that his presence is not conducive to the public good?

[James Brokenshire]

The Government firmly underline their commitment to promoting the role of women within government, business and the whole country, and they condemn any action that might stand against that. The hon. Lady has alluded to a case highlighted in the press. I cannot comment on the specifics of that particular case, but I can assure her about the steps this Government are taking, and about the record of this Home Secretary in excluding more people on grounds of unacceptable behaviour than any of her predecessors.