Immigration Fees for Healthcare Workers

Janet Daby Excerpts

Monday 30th January 2023 Westminster Hall

[Tonia Antoniazzi]

I agree with the hon. Lady. The scheme has been extended by 12 months, but care workers are the lowest paid, and these are some of the biggest costs.

The numbers tell only part of the story. Although it is essential that we know the facts and figures, I would like hon. Members to think about what those numbers translate to for patients. Those clinical oncologists are helping to reduce the backlog of patients awaiting checks, scans and treatment, and are delivering life-saving care to cancer patients. Those midwives are guiding mothers through pregnancy and helping to bring their children into the world. Those doctors and nurses gave so much during the covid pandemic, worked all hours, did not see their own families, saved lives and comforted those who could not be with their families in their final hours.

[Janet Daby (Lewisham East) (Lab)]

During the pandemic, I was involved with GMB’s campaign for NHS cleaners and carers to be granted indefinite leave to remain after the sacrifices they made. Does my hon. Friend agree that we need to lower the cost of indefinite leave to remain and show the same level of gratitude to health workers who had to work during one of the most severe crises that our NHS has experienced?

[Tonia Antoniazzi]

It is true that these have been the most challenging of times, and indefinite leave to remain is one way of addressing that.

As we discuss the petition, I urge hon. Members to remember that when we talk about health and care workers, we are not talking in the abstract. We must remember the very real impact that Government decisions have on people’s health and wellbeing. There is little argument that workers from overseas are not essential to the running of our healthcare system. In fact, NHS trusts actively recruit from around the globe.

The health and care worker visa we are discussing was introduced to speed up processes to ensure that much-needed health and care staff could work in the United Kingdom. Despite broad agreement that there is obvious need in our overstretched health and care sector for overseas professionals, the current system is failing to retain these key workers. The expensive, drawn-out indefinite leave to remain process is pushing many key workers away, creating financial and bureaucratic barriers for those who wish to stay and to continue working in this country.

A greater number of healthcare workers settling in the UK would only benefit the health system. Not only does better access to ILR make the UK more attractive to the international workforce; better staff retention provides employers with greater long-term security for workforce planning, which I know at first hand is a key issue. Indefinite leave to remain allows for greater mobility between sectors and employers, as well as greater flexibility to deploy internationally recruited workers where need is greatest, rather than being hamstrung by restrictive visa requirements.

The financial barrier is high. The Migration Advisory Committee has highlighted the general high cost of these fees compared with other countries. The cost to apply for ILR sits at £2,404 per person. However, the latest visa and transparency fees data suggests that the estimated cost of an ILR application is just £491. In the context of a decade of pay erosion and the cost of living crisis, ILR fees may simply be unaffordable for many healthcare workers.

In the online survey of petitioners run by the Petitions Committee, respondents said they found it difficult to save up for indefinite leave to remain fees because of low salaries and a high cost of living, especially where they would need to pay ILR fees for multiple family members. One nurse who answered the survey said,

“I work as a deputy sister. I’m a single mum and my 2 kids have recently joined me in the UK. I cannot afford the ILR fees for me and my 2 children. With the salary of nurses and the cost of living here, a single mum like myself cannot afford it.”

A medical practitioner who responded said,

“As with current pay and cost of living crisis, it’s impossible to save this much. I am forced to buy used and second hand items only. I buy the cheapest groceries. Try and only use heating when absolutely required…I am forced to work weekends to save. I am hardly spending time with family. My mental health is affected. It feels like I’m a slave forced to labor…I don’t understand why the government would keep a fee that would force workers to leave NHS and UK…I survived through all waves of covid and staffing pressure. Had multiple illnesses because of my work. I don’t think I’ll survive this one. I believe these fees will break me.”

The fee is not the only cost; it is in addition to other substantial visa fees paid in the years prior to eligibility.

Workers without ILR are also subject to the no recourse to public funds policy. The cost of living crisis brings into sharp focus the potential financial hardship that internationally educated workers who are unable to access public funds could face. Members of the Royal College of Nursing consistently report the negative impact that the policy has had on their lives and the lives of their families. The covid-19 pandemic has exacerbated the challenges that individuals with no recourse to public funds were already facing, with these families identified as being at high risk of living in insecure and crowded housing.

Making the ILR process more accessible would bring significant benefits to individual workers who report that their mental health is suffering as a result of the financial pressures they are facing to try to meet the costs of ILR. A healthcare assistant who responded to the Committee survey said

“With the ever rising cost of living, [saving for ILR] becomes mentally draining for an already overwhelmed health worker. Reducing the cost shows the government care about the wellbeing of health workers and promotes work life balance because families have to work odd hours to meet up with the fees.”

The RCN also reports that nurses sponsored under the health and care visa often have difficulty reducing their working hours because of the minimum salary threshold —£20,480 per annum—that is applied to their visa. Given that there is no provision for that to be applied pro rata for part-time staff, the RCN understands that the policy often conflicts with nurses’ caring responsibilities.

Better settlement pathways can help to tackle abusive labour practices, reducing the ability of predatory employers to use immigration status to tie staff into exploitative situations. This is particularly relevant in the care sector, where the director of labour market enforcement has identified workers as being at high risk of exploitation. The RCN is aware from member reports that employers will, on occasion, use threats of deportation to coerce staff into paying extortionate repayment fees should they choose to leave employment early.

The current policy means that the UK is already losing overseas healthcare staff to other countries.

“I couldn’t raise the money [for ILR] for the last 2 years to apply, so I’ve gotten a better salary offer in New Zealand…so I’ll be leaving the UK.”

Those are the words of one nurse who responded to the petition. A trainee doctor told us:

“With paying for exams and training, I don’t have enough money to apply for an ILR, which makes me think to leave the UK and work in Australia after I qualify as a GP.”

The petition is not simply asking for a reduced fee for those health and care workers seeking ILR; it is asking for a joined-up approach from Government, and for a better system that will improve the lives of those using it and enable us to provide a strong and sustainable health sector.

Earlier, I told hon. Members that it was essential to remember that behind the figures, statistics and costings, we are talking about people, so I will finish by telling hon. Members about the person who kicked this all off—the petitioner, Mictin, who is here today with his family—and why he started the petition. Mictin was actively recruited to the NHS from India, as NHS trusts use local agents to recruit for them. Of the 23 other overseas workers who started with him when he came to Leicester, only six are still working in the trust. The costs of pursuing ILR were too much for many of them and some have found new work abroad—skilled workers who have left the United Kingdom because we have made it too difficult to stay.

We ask people to make the choice to come to the United Kingdom, but we have not ensured that we have a system that makes that choice an easy one. We force difficult choices on the workers we need. Mictin and his wife have made the choice to stay, but we have not made it easy for them. Mictin’s parents-in-law have never seen their grandchild, because the cost of taking him to India would mean greater delays in applying to ILR. Mictin started the petition because he knows he is not the only one making these difficult choices. While our health sector desperately needs more Mictins, we have to ask why we are making the choice to stay so difficult.

--- Later in debate ---

[Rob Roberts]

Completely; this is something I have debated. As I say, my partner is from the Philippines and, because of that, I now have a big extended family and friends who are Filipino and are overseas. They are all in the same boat. As I will explain in a moment, the type of things they have to go through, and the debts they get into, are ridiculous. I completely agree with the hon. Lady.

The NHS has played a vital role. Although the whole NHS deserves our thanks and gratitude, they should in particular go to our NHS workers who have come from overseas. They have travelled huge distances to be here, often separated from their families and putting their own lives at risk to help and save our lives—citizens from a different country to their own. Regardless of their or our citizenship, the duty to care and contribute to the wellbeing of others always comes first with them. It is amazing, and we as a society should highly commend it.

I welcome the number of steps the Government have already taken for foreign NHS workers, including the health and care worker visa and exemption from the immigration health surcharge, but we need to do more than that. These people want to make the UK their home. They put down roots—we have a duty to put in place a framework to allow them to do that without thousands of pounds in costs just to stay in a country to which they have already contributed so much.

[Janet Daby]

So many of my constituents have contacted me to say that these fees are absolutely too expensive for those in the healthcare profession. Why does the hon. Gentleman think the Government have kept the fees so high and have not lowered them?

[Rob Roberts]

The hon. Lady imputes to me knowledge that is far above my pay grade, but I am sure the Minister will be delighted to answer her when he takes to his feet later. I have no clue, but it is ludicrous. As the hon. Member for Gower (Tonia Antoniazzi) said earlier, the cost is £420-odd to process these things. I will come to the fees in a minute, but there cannot be any justification for that cost. Going back 15 years, it was a fraction of what it is now; the fees have increased at an exponential rate over the past five or six years. I am sure that the Minister can enlighten us on that later; I look forward to the answer.

Of course, it is worse in the part of the world of the hon. Member for Lewisham East (Janet Daby). The cost of living in my constituency in north Wales is significantly less than it is down in the London boroughs. The extra pressures and the compounding of that problem are much worse: I completely agree.

As we have mentioned, fees for ILR are over £2,400. Citizenship, 12 months later if so desired, costs another £1,800 or so, plus a few £100 for biometrics, English language tests and all the other supplementary things that have to be done. The naturalisation process costs more than £4,000. That is one of the most expensive in the world. The process of becoming a citizen for NHS workers is costly and challenging.

The process includes the ridiculous “Life in the UK” test. I am not sure whether anyone is familiar with that test: it is a wonderful thing. It asks questions such as, “Which palace was a cast-iron and plate glass building originally erected in Hyde Park to house the Great Expedition of 1851?”, “In which century did the first Christian communities appear in Britain?” and, “Which two British film actors have recently won Oscars?” Quite how anyone can be expected to properly integrate into British society without that pivotal knowledge, I have no clue, but there we are. They have to pass that sensible test.

In similar debates, I have told the tale of Carrie, a real-life case using a different name. She moved to the UK in 2016, leaving her husband and four-year-old child back home in south Asia. It took another year for her husband and daughter to join her because of the cost involved in a dependant visa. They could be together again as a family only once she took out a loan, which she paid for over the next three years. She had to get another loan three years later because she was due for a renewal of that visa, adding a load more fees.

In 2021, Carrie was entitled to apply for ILR. With loans still ongoing from previous renewals, what choice did she have? What could she do? She had to take another loan—even bigger than before—just to have the right to occupy a space in this country and call it home. She pays her taxes every month; she has done for years. She works in an intensive care unit. She has spent all her working life in this country saving lives, especially during the pandemic. As I have said before, she should not be in debt. We should be in her debt.

It is our duty in this place to create a new route for citizenship for NHS workers that will not leave them in debt, in poverty or—as the hon. Member for Gower said—in mental anguish with the constant worry of funding the next application. By reducing the costs associated with ILR and citizenship, and in time abolishing them completely, we can help to do just that.

I am proud that our NHS attracts global talent and recruits from around the world. Quite frankly, we would be—I was going to swear there—we would not be able to run it without them. We would be in difficulty. In 2021, over 160,000 NHS staff stated that they were of a non-British nationality, from over 200 different countries. That accounts for nearly 15% of all staff for whom a nationality is known. However, the current fees and process are a huge barrier to both future NHS workers, who are put off coming because they do not feel they will be able to stay long term, and to current NHS workers, who are unable to afford the final step to have the permanent residency that they have earned through service to our country.

Residency and citizenship should not be about cost. They should be about contribution and inclusion in our communities. NHS workers have perhaps given the biggest contribution of all by saving our lives and keeping us safe. If they are not citizens, they cannot be fully part of the communities in which they live and work, despite being such valued members. Without ILR, individuals face barriers to home ownership, as it is almost impossible to get a mortgage without it. It is difficult in the job market and higher education. There are barriers wherever we look. Reducing the fees, or even scrapping them entirely, would not only make residency and citizenship more achievable, but create a more diverse and, crucially, a more integrated society. People from other countries who have worked in our NHS during the pandemic and throughout their lives deserve to be able to call the UK their home, and actually feel like it is.

The pandemic has been horrendous, but it has had one benefit. It has highlighted what many of us already knew: our NHS workers, whether British or not, are the backbone of our health service and our country. Those who have come here to provide such incredible care should not be penalised for it, but the high application fees do just that. It is time to reduce, if not entirely abolish, the fees for ILR and citizenship for those who work in our NHS so that those who spend time helping and treating us can finally feel like they belong and are welcomed with open arms.

[Bell Ribeiro-Addy (Streatham) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Sharma. I congratulate my hon. Friend the Member for Gower (Tonia Antoniazzi) on the way she laid out the debate.

Everybody should realise that the NHS has always relied on staff from all over the world. It literally would not exist without the contribution of doctors, nurses and NHS staff from outside the UK, starting with the Windrush generation, who were also treated terribly by this Government’s Home Office.

The NHS is currently in a dire state, and the industrial action being taken by care workers is a clear example of that. At the heart of the crisis facing our health service is the struggle to recruit and retain healthcare staff, and the cost of living makes that even worse. Some healthcare workers who are paid less are having to use food banks, and in-work poverty is even greater for migrant workers due to the cost of living.

Reducing the cost of visa applications for overseas healthcare workers seeking indefinite leave to remain is not only just and fair, particularly for their families, but it would address the recruitment and retention crisis in the NHS by encouraging overseas workers to remain in the profession. It lacks humanity and economic sense to leave those key workers living in perpetual uncertainty about whether they can remain in the UK. They have to pay extortionate fees to do so, but they are working and contributing to the economy of this country.

The Government have repeatedly argued—the hon. Member for Delyn (Rob Roberts) said this too—that not giving special treatment to NHS workers is about creating a level immigration system, but our immigration system has never been equal and the people making applications have never been treated the same. That is reinforced by the Government’s points-based system. A millionaire who wants permanent residency in the UK can move things along a lot faster just by putting millions in a bank account in the UK. There is a shortage occupation list. There are thresholds for being able to bring family members over. We differentiate between people who have ILR and certain visas on the basis of whether children they have here are automatically granted British citizenship. We have never treated everybody equally, and on top of that we charge some the immigration health surcharge—even NHS workers.

Several healthcare professionals from across the country, both from migrant backgrounds and not, support this petition. I will talk about what one of them said to me. It costs £2,400 for an ILR visa, but he is being asked to pay 10 times more for his family. That family of four is being asked to pay £12,000 just to have indefinite leave to remain. He said:

“NHS staff get recruited to work in terrible conditions. We can’t pay our bills, and then we’re charged thousands of pounds just to stay here and work. Given the terrible NHS staff shortages, this policy reaches next-level stupidity.”

I agree with that doctor. We cannot afford to lose doctors such as him, especially when other countries are taking steps to attract them. We have already heard about how some people are leaving us. Given the shortages of NHS staff in this country, we simply cannot afford that. We will tackle the chronic shortages only by treating all staff decently.

The Government have explained again that they are maintaining their hostile environment—I know they call it something else—to make the country less attractive to people who want to enter it illegally. Obviously, I take issue with the people they term “illegal”, but they are also making it hostile for people who, by their own definition, are legal. How does that make any sense? Those people have been asked to come here to support our services. We are not talking about people who are visitors, or who want to take from our country. We are talking about people who are saving people’s lives—who are working in our NHS daily, who saw us right through the pandemic. Those people have left their own countries to come and serve ours, and they are doing a fantastic job.

[Janet Daby]

My hon. Friend is making an excellent speech. Does she agree that the Government are behaving in a rather ironic way by encouraging people from skilled professions and backgrounds to come to our country to work, but then making it very difficult for them to settle?

[Bell Ribeiro-Addy]

My hon. Friend is absolutely right. Why are we making overtures to people in other countries and waiting for them to come here, only to treat them with complete contempt and disrespect and leave them in really serious situations where they are trying to support their families, and also making it difficult for their families to remain here? We all understand how important it is to have our families around us, but as we have already heard, some people have to leave their families behind and then face unreasonable barriers to bringing them into the country.

These people are doing so much for us, coming to our country to serve us as NHS workers at all levels: doctors, nurses, cleaners and porters, and let us not forget our social care workers. We need to make sure that we are treating them with the respect they deserve, no matter where they happen to have been born.

--- Later in debate ---

[The Minister for Immigration (Robert Jenrick)]

I am grateful to the hon. Member for Gower (Tonia Antoniazzi), who opened the debate with a characteristically constructive tone, and to the Petitions Committee for sponsoring the debate. It gives us the opportunity to discuss this important issue, and I recognise the high degree of interest evidenced by the thousands of people who signed the petition. Like the hon. Member, I welcome Mictin to this Chamber, and thank him and others for creating the petition and bringing it to our attention.

The Government provided their initial response to the petition in February 2022 and I am pleased to respond again today, having listened carefully to the many thoughtful contributions. Let me say from the outset that we are extremely grateful for the contribution to the national health service and the whole country made by the many NHS workers who have come here from all over the word—not just in recent times, but from the very foundation of the NHS, as was rightly said earlier, including the early generation of Windrush arrivals.

Although we want to see better domestic recruitment, training and retention of healthcare workers—as others have said, it is essential that we build more healthcare places at UK universities and colleges in the years ahead —it is fair to say that international workers will continue to play a significant role in the NHS for many years to come. It is for that reason that the Government have taken a number of steps to support those individuals coming to the UK, and their employers here in their efforts to recruit them. We want to ensure that the UK is a welcoming place for them and that they are provided with all the support they need as they enter the UK, make their significant contribution to the NHS and, in many cases, choose to make a life here with their families, moving through our immigration system from indefinite leave to remain to citizenship in the years that follow.

[Janet Daby]

I hope the Minister will come on to the point of biometric residence permits, but I want to draw his attention to the fact that when NHS workers come and their biometrics keep being delayed, it prevents them from engaging in society, such as being able to open a bank account or get their kids into school; there is such a knock-on effect. Could he say something about the Home Office’s ability to manage and speed up that work, so that there is an immediate effect for NHS workers?

[Robert Jenrick]

I would be more than happy to say something on that now in answer to both the hon. Member and the hon. Member for Delyn (Rob Roberts). As I understand it, the Home Office is meeting its service standards on biometrics, but none the less I have had correspondence from a small number of colleagues across the House who have said that recent arrivals in the UK are struggling to obtain appointments. I have taken the matter up with my officials, and have asked them to improve the quality of the service. If the hon. Lady has specific constituents who are struggling to get the service they want, I would encourage her to come to me. The hon. Member for Delyn made the point about individuals repeatedly providing their biometrics with each application. I am told that although the Department is increasingly using more robust biometrics, we have started reusing biometrics to reduce the need to reprocess them time and again, so I hope that issue will decline over time.

Let me turn to the main point of the petition: the cost of indefinite leave to remain. ILR is one of the most valuable entitlements we offer, and the fee for the application generally reflects that. Fees are set in line with the charging principles set out in the Immigration Act 2014, which include the cost of processing the application, the wider cost of running the migration and borders system, and all the benefits enjoyed by a successful application. The Home Office does not profit from these fees. All income generated above the estimated unit cost is used to fund the wider migration and borders system and is vital for the Home Office to run a sustainable migration and borders system that keeps the UK and all of us safe and secure.

The published full operating cost of our migration and borders system in 2021-22 was £4.8 billion. The fees under debate today are significantly lower, but they make an important contribution to the whole body of work that goes into an efficient and safe borders system.

--- Later in debate ---

[Robert Jenrick]

It was for that reason that we took the decision to apply a 50% discount to the initial visa fee, taking into account the broader benefits for the public sector and the taxpayer of bringing more people into the country through a faster, simpler route. I have not seen evidence that individuals are leaving the country because they cannot access ILR at the present time, but if the hon. Gentleman has research suggesting there is a material issue, I strongly encourage him to bring it to my attention or that of the Department of Health and Social Care.

[Janet Daby]

Will the Minister give way on that point?

[Robert Jenrick]

I am happy to give way, but I should then draw my remarks to a close.

[Janet Daby]

Two weeks ago, I met second year medical students studying in our country. The majority said they are not planning to remain in the UK to practise as doctors because of the various pressures and strains on the NHS, feeling undervalued and so on. It is therefore likely that we will continue to need people from overseas to work in our NHS, so—on the same thread on which the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) spoke—we need to do more and make it easier for people to support our treasured NHS.

[Robert Jenrick]

The hon. Lady makes a valid point. Of course, we want to retain as many NHS professionals as possible, whether they grew up in the UK or have come subsequently from overseas. There is a significant challenge with individuals choosing, for a range of reasons, to go to other countries; of course, we in Government have to balance that with broader affordability, taking into account the cross-Government cost and how we would replace that income from general taxation.

Turning to international comparisons, the fees that we charge are broadly comparable with those of other developed countries. There are, of course, competitor countries that charge less, as there are those that charge more. Taking as examples some countries that, anecdotally, doctors and nurses frequently go to as opposed to working in the UK, our ILR fee is higher than that of New Zealand, but lower than that of Australia. It is not clear that the fee in the UK is substantially higher than in those destinations that healthcare professionals might otherwise go to. The hon. Member for Delyn implied that there had been a substantial increase in our fees over recent years, but that is not in fact the case. The ILR fee has increased by £15 between 2018 and the present day, so we have tried, as far as possible, to keep the costs under control in recent years.

The hon. Member for Delyn also asked about the “Life in the UK” test, but I am afraid disagree with him on that point. Integration into UK society, knowledge of our history and pride in our country are extremely important. The previous Labour Government’s decision to introduce the “Life in the UK” test was right, and we have supported it consistently in government. Long may that continue, because it does make a small contribution to encouraging people to better integrate and understand the country to which they are committing.

I again thank the hon. Member for Gower for introducing the debate and all hon. Members who spoke. There is no doubt that we are in agreement on the importance of the NHS and its workforce. We care deeply about those individuals who choose to come here from overseas; I pay tribute to them and thank them for their service. I hope I have set out some of the ways the Government are working to ensure that their time in the UK is as fruitful as possible, and that, if they choose to make a life here, that is as seamless as it can be within the confines of our fiscal situation and affordability for the taxpayer. I assure all hon. Members that we will reflect carefully on the points that have been raised in the debate, and that we will continue to do what is necessary to support our fantastic NHS.

Windrush Lessons Learned Review: Implementation of Recommendations

Janet Daby Excerpts

Tuesday 10th January 2023 Commons Chamber

[Miss Dines]

This has been an opportunity for learning. The cross-governmental work has been very valuable. On commitment, I reiterate that there has been a change in culture. Wendy Williams accepts that there has been a massive shift among those working in the community and the caseworkers. That cross-governmental work will continue in the months ahead.

[Janet Daby (Lewisham East) (Lab)]

The former Home Secretary promised to implement all 30 recommendations in the Wendy Williams review. It seems that we need to remind the Minister that it was a Government review, so why is that promise now being broken; it is like shifting sand? Is it therefore correct to say that the Government can no longer be trusted and have run out of time?

[Miss Dines]

This Government can be trusted. Again, I remind the House that the Government do not comment on leaks. That is simply not acceptable. On an issue as important as this concerning the rights of our citizens, it is simply not good enough to accept what is written in The Guardian without judging on the facts.

Misuse of Nitrous Oxide

Janet Daby Excerpts

Wednesday 23rd November 2022 Westminster Hall

[Mark Garnier (Wyre Forest) (Con)]

I beg to move,

That this House has considered the matter of the misuse of nitrous oxide.

As many people will know, nitrous oxide is a substance that has been available for many years. Known more familiarly as laughing gas, it has been used by the medical profession for some time, and in its form of gas and air it is used as a mild anaesthetic by both dentists and doctors—I believe I first came across it during the birth of my eldest son, when it was used to ease the pain of childbirth. It is also used to give a bit of extra whoosh to drag-racing engines: nitrous oxide systems designed to boost power outputs are used for competitive motor events, and of course, it is used in catering for both frothing whipped cream and frothing coffee in home appliances more usually found outside the UK. In that form, it is sold in 8-gram mini-cylinders.

Increasingly, however, nitrous oxide is used for recreational highs. Back in my day, solvent abuse was a problem; today, nitrous oxide—NOS, whippits, hippie crack, balloons; call it what you like—is being used for short-term highs by a new generation. It may be referred to as laughing gas, but in reality, it is no more glamourous than glue sniffing. This is not a new phenomenon. The Misuse of Drugs Act 1971 lists specific substances that are illegal; nitrous oxide is not listed, but it is covered by the Psychoactive Substances Act 2016. That Act, while not listing specific substances, covers those that fit specific characteristics and definitions. To fall within the remit of the Act, the substance must be capable of having “a psychoactive effect” that affects someone’s

“mental functioning or emotional state”

by stimulating or depressing their nervous system. Specifically, this includes effects that we associate with controlled drugs under the 1971 Act such as hallucinations, changes of alertness, changes of perception of time and space, changes of mood and empathy with others, and drowsiness.

The wide definition under the 2016 Act is intended to pre-empt new substances emerging in the drugs market by defining their effects, as opposed to their chemical structure. The Act is good news: it makes it an offence to produce, supply, offer to supply, or possess with intent to supply any psychoactive substance, with a maximum penalty of seven years’ imprisonment. In short, it makes it illegal to sell nitrous oxide for recreational use. The available data tell us that there were 152 convictions in 2017, 107 in 2018 and 52 in 2019 under the Act, but we are trying to find more recent data. Slightly alarmingly, however, West Midlands police got in touch with me only this morning to tell me that since 2015, it has prosecuted only four people under the 2016 Act.

The Act was formally reviewed in 2018, and the review concluded that

“the use of nitrous oxide…does not appear to have been affected by the Act”,

with use by adults increasing to around 2.3% of the adult population, while use by 16 to 24-year-olds stayed steady at just under 9%. Indeed, nitrous oxide is now the second most commonly used drug in that age group, coming a close second to cannabis, but, as I say, the data are old.

Anecdotal evidence from the medical profession in the west midlands suggests that usage of nitrous oxide has increased markedly since lockdown. The medical profession is picking that up because of the appalling effects that it has on users. Its attractiveness is that it is easy to use. Historically available in small 8-gram cylinders—mini-cylinders—it is inhaled using, commonly, a balloon. Its effects are immediate and include euphoria, giggling, distortion of sound, and hallucinations. Those peak after 20 seconds and resolve after a couple of minutes. It is a quick high and leaves no immediate after-effects. Someone using it once would be able to sit down with, for example, their parents with no evidence that they had been using it in the minutes before. It appears to be harmless, but that is not the case. The reality is that people use it not just once, but for long periods. It used to be available in small 8-gram mini-canisters, similar in size to those of sparklets bulbs—

[Janet Daby (Lewisham East) (Lab)]

I thank the hon. Member for securing this really important debate and for making such a significant and poignant speech. I find it very distressing to know that young people are able to access these silver cylinders and that they have such a harmful effect on them. In my constituency, I have seen pockets of those cylinders in various places, and I am pleased that he has brought the matter to the Government’s attention. Does he agree with me that we need more work to be done on health and education as well as on enforcement to make sure young people are not able to purchase them?

[Mark Garnier]

I completely agree. I will be coming on to that, but the hon. Lady is absolutely right. With any legislation, part of it has to be to do with education, and it is important that people recognise that the high is insidious and not without consequences. The fact that it is called laughing gas means that it trivialises what is not a trivial thing.

--- Later in debate ---

[Chris Philp]

The hon. Lady is right to point to the need to elevate public awareness. All too often we find that people make an assumption about something that, on the face of it, appears relatively innocuous but can in fact have serious effects, either over time, as in the case of cannabis and psychosis, or if consumed in excessive quantities. The point my hon. Friend the Member for Wyre Forest made about very large cannisters is concerning. The point she makes about people ending up paralysed by consuming huge amounts of this stuff is deeply concerning. I will write to my colleagues in the Department of Health and Social Care conveying exactly that suggestion. I think it is a good idea. It may be worth her raising it directly with Health Ministers, but I will certainly write on that point.

[Janet Daby]

That is absolutely the right suggestion. With the public health campaign, could the Minister also speak to his counterparts in the Department for Education to make sure there is that connection between health and education, so that young people are receiving that information early?

[Chris Philp]

I can see my job list growing with every passing minute of this debate. I am happy to raise that with Department for Education colleagues. Education is important so that young people understand the risks they are running when they take nitrous oxide. We support an organisation called Every Mind Matters, which is an online resilience-building resource aimed particularly at 11 to 16-year-olds and provides them with information to make informed choices. Raising concerns about these drugs is important. Children obviously get taught about it in schools through relationships, sex and health education. That teaching became compulsory in schools from September 2020, so part of the curriculum is set aside for messaging of the kind that the hon. Member for Lewisham East (Janet Daby) pointed to.

Let me turn to some of the questions raised by my hon. Friends the Members for Wyre Forest, for Redditch (Rachel Maclean) and for Worcester (Mr Walker) about the legal framework and where we are with that. As my hon. Friend the Member for Wyre Forest said, nitrous oxide is currently controlled under the Psychoactive Substances Act 2016 rather than the Misuse of Drugs Act 1971, and there are provisions in the 2016 Act that control the supply of it but do not criminalise possession. It is an offence to supply nitrous oxide if the person supplying it knows or is reckless as to whether it will be used for its psychoactive effect. There is a legal duty on the supplier not to act recklessly in supplying it.

I was very interested by the example my hon. Friend the Member for Wyre Forest gave about an online company who were in his words acting as a “wholesaler” of this drug. He thinks it is not for legitimate purposes to do with whipped cream or other related commercial applications, but for use in a psychoactive context. He says the website sells it in forms of packaging that would appear to suggest it would be used for psychoactive effect, and there is content on the website pointing in the same direction, including suggesting people can take vitamin B12 supplements to counter the effect the nitrous oxide has. That all points to the fact that they may be supplying it for psychoactive purposes, not legitimate commercial purposes.

I have not seen the website, but were that the case, it would strike me that it probably would be reckless. The company acting in the way he describes would be acting recklessly as to whether or not it is being use to psychoactive effect. In fact, in some ways, the company might be implicitly encouraging it, considering the content he describes. I think my hon. Friend would have a case to refer that website to the police, drawing their attention to the provisions I pointed to. There might be grounds for investigation and prosecution under the law as it stands today for the reasons I just set out.

Western Jet Foil and Manston Asylum Processing Centres

Janet Daby Excerpts

Monday 31st October 2022 Commons Chamber

[Suella Braverman]

My hon. Friend is right: the average cost per person per night in a hotel is £150. By my standards, that is quite a nice hotel. Therefore, any complaints that the accommodation is not good enough are, frankly, absolutely indulgent and ungrateful.

[Janet Daby (Lewisham East) (Lab)]

Five separate sources told The Sunday Times that the Home Secretary was advised that “the legal breach” at Manston

“needed to be resolved urgently by rehousing the asylum seekers in alternative accommodation.”

Are all five lying?

[Suella Braverman]

As I said, I am very happy to confirm—by reference to the timeline, effectively—that I have been aware of this issue for several weeks. I would love to be able to magic up thousands of beds overnight. Unfortunately, it is not that easy. As a result of my concerns, which I identified several weeks ago, we have put in place a whole operational command to try to increase the capacity of accommodation and ease the pressure on Manston, but it takes time.

Metropolitan Police Service

Janet Daby Excerpts

Wednesday 29th June 2022 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

It is 50 years since the Confait case of 1972, when a transvestite was murdered and burned alive in a house in my constituency. That led to the bringing forward of the Police and Criminal Evidence Act 1984, which put in place provisions to ensure that there is an appropriate adult at a police station when children are there. The Metropolitan police has been failing in that area, as have police forces across our country, where appropriate adults have not been in place when children were presented in custody—and on average, children are in custody for 13 hours. Will the Minister agree to look into that as part of the failings of the Met police, and with other police forces across the country?

[Kit Malthouse]

The hon. Lady is right that a strip-search should not take place without the presence of an appropriate adult. I am sure she is aware that, notwithstanding the case of Child Q, the Met has now made other referrals to the IOPC. She raises a good point. I have asked questions internally in the Home Office about what more we can do to ensure that the rules are being adhered to.

Rights of Children (Police Custody)

Janet Daby Excerpts

Tuesday 28th June 2022 Westminster Hall

[Mr Philip Hollobone (in the Chair)]

I remind hon. Members that no reference should be made during the debate to any ongoing legal proceedings.

[Janet Daby (Lewisham East) (Lab)]

I beg to move,

That this House has considered the rights of children while in police custody.

It is a pleasure to see you in the Chair, Mr Hollobone. In March, I led an Adjournment debate following the incredibly concerning case of a constituent who was held in a cell for nine hours before an appropriate adult was called. Unbeknown to his family, he had been missing; he had not arrived at school, and they were unaware of his whereabouts. From that case and many others of a similar nature, it is clear that the law is simply not working for children in police custody. There is room for further debates on the general policing of minors and children, but today’s debate is focused on the rights of children while in police custody.

I am sure the Minister knows that various legislative protections are in place to ensure that children are detained as a last resort, and for the shortest possible time. The failing is that this is clearly not happening, because the policies are being ignored. Some 50,000 children are held and locked up in police custody every year. Children are detained in cells in police stations that have primarily been built for adults. On average, children are detained for over 13 hours, with 21,369 detained overnight in 2019. The decision to detain children is approved 99% of the time, and it is time the whole process was reviewed.

According to the Police and Criminal Evidence Act 1984, the role of the appropriate adult is to safeguard the interests, rights, entitlements and welfare of children and vulnerable people who are suspected of a criminal offence by ensuring that they are treated in a fair and just manner and can participate effectively. The Act derived from public concern over the Maxwell Confait murder case in my constituency in 1972, which led Parliament to pass the Police and Criminal Evidence Act, known as PACE. This year is the 50th anniversary of the Confait case, which involved a tragic murder and the wrongful arrest, charging and sentencing of minors, which was later overturned.

PACE tackled a number of areas of growing public concern, including the treatment of suspects in police stations and cells, the length of detention without being charged, the conduct of interviewers and access to lawyers. In cases where the suspect is a child or vulnerable person, PACE requires the presence of an appropriate adults, also known as AA.

[Marsha De Cordova (Battersea) (Lab)]

I thank my hon. Friend not only for securing the debate, but for the really important speech she is giving. On the role of the appropriate adult and how it has evolved over the 50-year period, does she agree that there need to be more checks and balances on how appropriate adult schemes are used in our police stations, and that there needs to be greater monitoring and robust scrutiny of those roles to ensure that any child in custody has an appropriate adult within a reasonable timeframe? We do not mean within three hours but within a couple of hours at most.

[Janet Daby]

My hon. Friend has captured the essence of my speech. She is entirely right that assurances need to be put in place to make sure that children have an appropriate adult to help, guide and support them throughout the whole process. I will cover this issue in some detail later in my speech.

The principal intention of the appropriate adult safeguard was to reduce the risk of a miscarriage of justice as a result of evidence being obtained from vulnerable suspects, which by virtue of their vulnerability led to unsafe and unjust convictions. Some 50 years later, children in custody are being failed because of the length of time they are spending in detention without being charged and because appropriate adults are not being contacted quickly enough. Child suspects are almost invisible to policymakers and politicians.

[Abena Oppong-Asare (Erith and Thamesmead) (Lab)]

I thank my hon. Friend for securing this important debate on a subject that really needs to be discussed. On children in police custody, does she share my concerns about how the use of force is applied? Footage has circulated recently of force being used on a 16-year-old child in my constituency, and there is recent footage of force being used on a 14-year-old boy, in what turned out to be a case of mistaken identity. Both incidents are being investigated by the Metropolitan Police Service Directorate of Professional Standards, but does my hon. Friend agree that there needs to be an urgent review into how force is used, particularly when it is applied to children? If it is used in a case of mistaken identity, there are long-term mental effects, particularly when it happens to children. If it is not appropriate, something needs to be done to review it.

[Janet Daby]

I thank my hon. Friend for that really important intervention. It is very distressing to hear about the abuse of power by professionals in a trusted position. It is even more distressing to hear that certain incidents happen to young people and children. They could be our relatives—our children, our nephews, our nieces. It is upsetting, and we need to get to the bottom of it. My hon. Friend mentioned the investigations that are rightly taking place, but the Government need to do more to hold public servants to account and ensure they are operating in the manner in which they should.

In the recent Adjournment debate I led on harm to adults, the Minister said:

“It is right and proper that children are acknowledged as a protected group with specific needs.”—[Official Report, 14 March 2022; Vol. 710, c. 737.]

In response to a question I asked last week, the Minister for Crime and Policing confirmed the Government’s commitment to driving down the number of minors held in custody and the duration for which they are held. Although the Government recognise the significance of the role of the appropriate adult, they need to do far more, and I hope I will get a more satisfying response this afternoon.

There is consensus that work needs to be done with minors in custody, but tragically I fear there is a danger that the Home Office will continue to miss my point. The law is not functioning as it should. We are not living up to the UN convention that we ratified. The legislative status quo fails to adequately safeguard children, and something needs to change. Children are left waiting an average of six hours before the arrival of an appropriate adult, and are sometimes held overnight. I remind Members of my constituent, who spent nine hours waiting for an appropriate adult.

[Marsha De Cordova]

Outrageous!

[Janet Daby]

It is indeed outrageous. Despite the rules requiring the police to secure the attendance of an appropriate adult as soon as possible, I am told that in some cases appropriate adults are asked to attend only when the police are ready to interview. That severely hinders the appropriate adult’s ability to enact their role of providing oversight and welfare throughout the whole process of detainment. A Children’s Commissioner report found that, in cases where the parent is unable to fulfil the appropriate adult role, there was an average of a seven to eight-hour delay before the police requested an appropriate adult from a local scheme. Again, children are being failed. If a child aged between 10 and 17 years old is left alone in a police cell for extended periods of time, one can only imagine what they are thinking and how they are feeling. If it were our own child or a child from our constituency, we would be deeply concerned. The Government should be deeply concerned about all children across our nation.

I have spoken to a constituent who told me that, as a child, they accepted a guilty plea even though they were innocent. They did that because they wanted to avoid having to stay any longer in a police cell. They will not be the first person to do that, and the Government need to re-address that injustice—that wrong—quickly.

A recent trial in the Metropolitan police has demonstrated that such delays are not inevitable. A trial took place, using the acronym CHILD, to focus on the importance of contacting the appropriate adult at the point of booking in, whether that was the parent or an individual in a local scheme. In that trial, average detention times for children reduced by 10 hours—sorry, not 10, although I would like it to be; they reduced by seven hours, which demonstrates that safeguarding the interests, rights and welfare of the child is achievable. I hope that the Minister will join me in praising the Met’s initiative and work, and that the Government will roll out that successful pilot to all Met stations and all regions of our nation. Is there a plan to do that?

Many elements are built into the youth justice system that differentiate it from the broader criminal justice system. In the youth court, the judge and the probation officers are youth specialists—in my previous life, I was trained as a youth probation officer, so I have some knowledge of that. All the language is adjusted to remain appropriate to the age of the child. Broadly speaking, the youth criminal justice system seeks to avoid punitive measures and tries to put the child first. As we have heard, that is not the case in police custody.

According to academics Dr Vicky Kemp and Dr Miranda Bevan, specialists in this area, child suspects who are not convicted and who are uncharged experience disproportionately harsh treatment. The rules say that children are to be detained for the “shortest appropriate period”, but children are often detained as long as adults. Children are not adults, so why are they treated like adults? Data shows that the average stay is increasing.

In 2019, following a freedom of information request, it was uncovered that a 10-year-old child spent a staggering 23 hours in a police cell. That beggars belief—it is actually hard to take in, but it is true. In one particular police force, the average detention period was 18 hours—not for one child, but on the 1,293 occasions on which a child was detained overnight in police custody.

Long detention times deeply traumatise children and scar them for life. They are deprived of liberty, trapped in incredibly intimidating conditions and often deliberately kept in the dark. After an overnight stay, one 12-year-old said:

“I didn’t know they could do that to you...it was awful and I wasn’t sure I was going to be okay”.

[Marsha De Cordova]

My hon. Friend is making an incredibly powerful point. Does she agree that those moments in which that poor child, or any child, is detained in custody will have a long-term and sustained impact on their mental health and wellbeing, their confidence levels and their ability—because they are children—to understand what has actually happened to them? It is a form of abuse.

[Janet Daby]

I agree with my hon. Friend that, in such instances, it is abuse. It is harmful for children to be in such situations. The very service that is there to protect them is also doing them incredible harm. The Government have to take that on board and to accept their responsibility and the role they need to play. The welfare of the child is “paramount”—it says that in the Children Act 1989. If the welfare of the child is paramount, their welfare needs to be paramount on all occasions and in all situations. The very services that are there to protect and support them need not only to carry out justice—absolutely—but to consider the welfare of the child.

I am sure we want more for our children—I am hearing that already—but we must not keep them in a state of despair. That is simply wrong. As I said, the Government can change that. Even with children who end up being convicted, we cannot bury our heads in the sand and carry on with a system that is devoid of compassion.

Cutting the detention clock for a child in custody would mean that the appropriate adult is likely to be called out quicker and is more able to stay for the duration of the detention. It would also lead to a decrease in the frequency of overnight stays. That would be better for the public purse economically, but also for the physical and mental wellbeing of the child.

For the police, it would improve relations with key communities in the area, reduce reoffending rates and ensure that all their collected evidence was reliable. It would prevent the collection of evidence from being hampered by the lack of sleep or the worry and stress stemming from 13 or so hours in solitary confinement. To be clear, calling for a reduction in the child detention clock would not hinder the police’s ability to fight crime. The police currently have the power to request an extension from the superintendent if the case is complex. That power would be retained even if a lower detention cap was implemented.

During the previous Adjournment debate, the Minister failed to respond to my call to cut the stay limit from 24 hours. Will she hear me now and respond to that call? There is evidence calling for a stay limited to 12 hours instead of 24.

I will mention two other things before I finish. First, there must be far higher reporting and monitoring of the use of strip searches in police custody. I commend my hon. Friend the Member for Battersea (Marsha De Cordova) for her recent parliamentary question. The current rate of strip searches is woeful. They are degrading and humiliating and, as we have seen, they completely traumatise children. Will the Minister commit to increasing transparency and accountability on this issue and exploring technological alternatives that are less intrusive, less emotionally harmful and less damaging to the child?

Secondly, a decade of legal aid cuts has meant that firms cannot afford to send down more than minimally trained representatives to police stations, and then only for the shortest possible period. Lawyers therefore often arrive just before the interview, when the child is too exhausted to engage—if the child gets a lawyer at all. Currently, children have to opt in for legal advice, and too many children forgo their right to legal representation; they are burnt out, emotionally exhausted and probably do not fully understand, and they falsely believe it will make the process go faster. The fallout from this kind of misunderstanding can be avoided if we instead implement an opt-out system.

There is also a danger that post-pandemic remote legal advice will begin to spread. Research from Transform Justice shows that remote legal advice increases the stress and anxiety of children and impedes the communication between lawyer and child. To ensure high-quality advice that serves the needs of the child, it is vital that the Minister continues to champion in-person legal advice, moves towards an opt-out system and bolsters legal aid.

As I draw to a close, I ask the Government to maintain public safety and to protect children throughout the youth criminal justice system. I call on the Minister to review the detention clock for children, to roll out the Met’s new approach to appropriate adults across the Met and the police nationwide, which will allow us to begin finally to have a child-first approach to police custody suites, and to implement opt-out legal representation system for children. I ask again whether the Minister will commit to increasing transparency and accountability for strip searches and exploring technological alternatives that are less intrusive and harmful to minors. As a country, we should see the welfare of the child as paramount in all instances and across all services at all times.

[Mr Philip Hollobone (in the Chair)]

The debate can last until 4 o’clock. I am obliged to call the Front Benchers no later than 3.37 pm. The guideline limits are 10 minutes each for Her Majesty’s Opposition and the Minister. Janet Daby will have three minutes at the end to sum up the debate. I believe that three Back Benchers are seeking to catch my eye, so there should be plenty of time for everyone to get in.

--- Later in debate ---

[Janet Daby]

I thank everybody who participated in this afternoon’s debate. All hon. Members, including the Government and Opposition spokespeople, spoke comprehensively. Many issues were touched on, but the thread that ran through everybody’s contribution was the need to safeguard the wellbeing of young people, children and minors.

I was particularly struck by the comments of my hon. Friend the Member for Battersea (Marsha De Cordova). She spoke about a young person who had been held in a custody cell for 23 hours and then discharged without being charged with any offence. Young people who are arrested by the police are sometimes not charged at all because no evidence is found that they have committed a crime.

I have worked closely with the police in previous jobs and have had brilliant professional relationships with police officers. I do not believe that anybody comes to work to do a bad job; I think everybody goes to work to do a good job, including the police, but people do not always have the tools or training they need to do that or the policies in place to enable that. There is room for change, which I will mention briefly in the time I have left.

I thank the hon. Member for Strangford (Jim Shannon) for his contribution and comments, which were very meaningful. He mentioned the rights of children and that a 10-year-old child is still learning about what is right and what is wrong. Those children may not have the ability to say whether they need legal representation or not, but they absolutely need it.

The hon. Member for Leicester East (Claudia Webbe) spoke about young people needing to be protected and about preventing overnight detention, as well as being an advocate for safeguards to be in place for strip searches.

I welcome the Minister’s comments about what is happening in regard to strip searches. I would be interested to see the information she offered to my hon. Friend the Member for Battersea to clarify if it relates to all strip searches; it is an issue we need to be open and transparent about. I was interested to hear about the Government’s work to prevent the adultification of young people, as well as about the new design for custody suites.

The main point of the debate was about the detention of children and about appropriate adults. As I mentioned, successful child trials have been rolled out with the Met. I press the Minister and the Government to look at that trial to see whether it could be pushed forward across the Met and other police forces to ensure that children are not detained longer than necessary. I also press them to consider minimising that stay from 24 hours to 12, to look at the whole legal aid system, in order to ensure that all children can access legal aid, and to consider the opt-out system.

Thank you very much for your time, Mr Hollobone.

[Mr Philip Hollobone (in the Chair)]

Thank you for yours.

Question put and agreed to.

Resolved,

That this House has considered the rights of children while in police custody.

Oral Answers to Questions

Janet Daby Excerpts

Monday 20th June 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

We have already recruited another 650 staff and are in the process of recruiting another 550. Obviously, where people have been waiting over 10 weeks and have travel booked, we will look to expedite their application for free.

[Janet Daby (Lewisham East) (Lab)]

T5.   We should all be concerned about the length of time and the frequency with which minors are detained in police cells. Cells are made for adults, yet minors are being detained in them for as long as adults and data shows that the average time spent in police custody is increasing. That is despite legislation saying that minors should be detained only for the shortest appropriate period. What are the Government doing and how do they plan to re-address that?

[The Minister for Crime and Policing (Kit Malthouse)]

In the past few years, we have been working closely with the police across the whole of the UK to drive down the number of minors held in custody and the duration of that. As the hon. Lady will know, the appropriate adult scheme is in place to make sure that minors who are detained are accompanied by adults who, as I say, are appropriate. If she has specific cases she wants to raise with me, I would be more than happy to look at them, but thus far the trend has been improving.

HM Passport Office Backlog

Janet Daby Excerpts

Tuesday 14th June 2022 Commons Chamber

[Janet Daby (Lewisham East) (Lab)]

I am convinced that every Member has received letters, emails and telephone calls from their constituents reaching out to them about these delays and their frustrations with the Passport Office. We are hearing constantly about situations people are experiencing and our constituents’ frustrations. We were expecting a spike in passport applications post-covid. We knew that was going to come, as did the Government. Obviously, they had not fully prepared for it and the proof is in the pudding. They need to review that, but I suggest they do not do so now, because we need their focus on the Passport Office and getting this right for our constituents.

The Government are catching up, but they are doing so far too slowly. As we know, the Home Office is in crisis; the wildfire has gone out of control, and the Government really need to get a grip on this and gain control. Like many Members from across this Chamber, I do not hold the civil servants accountable for this in any way, shape or form; this is clearly about the Government, and they need to get ahead of the game. They need to work to ensure that these backlogs are brought under control.

As we heard from the Minister, we have no idea how many passport applications are being delayed and how vast the backlog is. We can only assume that it is vast and terrifying. I do not say that to alarm people in our country—our constituents. I do so to say to the Government, “You really need to address this, to make sure that this backlog is reduced.” We are hearing things about how it will be addressed, but we need to get a sense from the Government that they understand, that they apologise for the backlog and that they are seeking to reassure people that it will be addressed and that they will get on top of it.

People need to see their family members. The pandemic has lasted an extremely long time—more than two years—and people need to see their grandparents and parents, and visit their sons, daughters and friends. People need to travel for work and they need to go on holiday. There are so many reasons why people, including families, need their passports.

Many constituents have contacted me about this and I am going to share some of the examples of the situations they have been experiencing. One constituent has said that they have phoned several times and not been able to get an answer. They are frustrated by that and so have turned to my office, to me, to address this for them. My staff have told me that they have been on the line for 45 minutes trying to get through to the Home Office. They have even been on the phone for more than two hours and still not got through. The Government need to think, “Is this the best use of people’s time?” Is it the best use of our staff’s time if they are on hold, waiting to get through? Is it the best use of time, economically? Time is being wasted.

Constituents have told me that they have waited for an hour and a half and then someone has hung up on them. They have been distressed by this situation and have felt grossly let down. Last Friday, the Home Office phones were even down for a period, which is also unacceptable. Just yesterday, a constituent told me that they arrived at the Passport Office at 6 am, queued until 3 pm and when they were eventually seen by someone, they were told that their application was in Newcastle and that they needed to go there to advance it. That is simply outrageous. It is simply wrong. That is one of so many examples where our residents are feeling and being let down.

The Home Office has a pattern of failure, with inadequate systems for Afghan refugees, the inability to run the Windrush compensation scheme properly, and the shameful Rwanda offshoring policy, as well as the Department’s staffing shortages. The Government need a new, coherent strategy to reform the running of the Home Office, because our constituents are losing out and this is unacceptable.

As my hon. Friend the Member for Aberavon (Stephen Kinnock) said in his opening speech, “A Government fail when they fail to plan”. This Government’s plans are failing.

Public Order Bill

Janet Daby Excerpts

2nd reading
Monday 23rd May 2022 Commons Chamber

[Priti Patel]

Yes, and my hon. Friend highlights just some of the tactics that are used. I have seen the sheer manpower and excessive resource used by our specialist policing teams to literally de-glue protesters. It takes hours and hours and comes with a significant cost and use of resources. That is just one example, along with the example of locking on.

We cannot be passive when individuals target our infrastructure and major infrastructure works and projects. I mentioned HS2; HS2 Ltd estimates that ongoing protester action has already cost it more than £122 million. The recent action by Just Stop Oil against oil terminals and fuel stations, including forecourts, have shown further that the police need additional powers to deal with and combat that.

Thirdly, we are providing the police with the power to stop and search people for equipment used for certain public order offences, so that they can prevent the disruption from happening in the first place. I am sure the House will be interested to hear that during the last year—in fact, in just over a year—the police have found the equivalent of training camps, where these tactics and groups come together and where they hoard and harvest equipment. The police now have the powers to disrupt that type of activity in the first place.

The police have indicated that these powers will help them practically to prevent the disruption that offences such as locking on can cause, while the suspicion-less stop-and-search powers will help the police to respond quickly in a fast-paced protest.

[Janet Daby (Lewisham East) (Lab)]

I am really concerned that the Bill will allow police officers to stop and search protesters without suspicion. Does the Secretary of State really think that it is fair and right that innocent people should be—or are allowed to be—stopped and searched when there is no suspicion? Does she also think that that is the best use of police time and resources?

[Priti Patel]

To put this into context, I remind the House that Her Majesty’s inspectorate of constabulary and fire and rescue services has argued that stop-and-search powers would be an effective tool for the police in this case. Stop and search is a critical tool in policing and, as I highlighted, is absolutely crucial when it comes to saving lives and preventing the loss of life.

--- Later in debate ---

[Yvette Cooper]

The rape prosecution rate is one of the most shocking figures of all. For only 1.3% of reported rapes to be going to prosecution is totally shameful. The Government had the opportunity to do something about this. Right now in this House, we could have been debating proposals to provide more support for rape victims and to bring in stronger measures to ensure that police forces took action and had specialist rape investigation units in every force, not just in some, yet the Government have chosen not to do that.

[Janet Daby]

My right hon. Friend is making a powerful speech. Does she agree that protests are noisy, and that in this Chamber we are also noisy when we are protesting or disagreeing during a debate? When the Prime Minister enters the Chamber, Government Members cheer as though they were at a football match—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. This should be an intervention, not a speech. The hon. Lady should not be reading an intervention. Interventions should be so short that Members do not have to read them. If she has something brief that she wants to say to the shadow Home Secretary, she may do so.

[Janet Daby]

Thank you, Madam Deputy Speaker. Does my right hon. Friend agree that the Government need to recognise that noise has a way of releasing tension so that people can get their point across and be heard and recognised?

[Yvette Cooper]

My hon. Friend is certainly right to suggest that it is an unwise Government who try to silence those who disagree with them; it is also an undemocratic Government who seek to do so.

Foreign National Offender Removal Flights

Janet Daby Excerpts

Wednesday 18th May 2022 Commons Chamber

[Tom Pursglove]

My right hon. Friend raised that point eloquently. There is mixed performance in co-operation on removals and deportations from our country. We continue to have constructive discussions with countries around the world about those arrangements. He will also note that, through the Nationality and Borders Act, we have introduced new visa penalty provisions that should help us to drive forward improvements. It is the responsibility of countries around the world to live up to their obligations and accept their returns as the British Government do.

[Janet Daby (Lewisham East) (Lab)]

Deporting extremely vulnerable people when it could lead them to harm, or even their death, is fundamentally wrong. My constituent’s brother has been diagnosed with a severe mental disorder by a consultant psychiatrist. He is in a mental health crisis, and he has attempted suicide. Is the Minister okay to ignore the human rights of extremely vulnerable people in those circumstances?