Anti-social Behaviour, Crime and Policing Bill
Debate between Jeremy Corbyn and Damian Green(10 years, 10 months ago)
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Damian Green
No, I do not accept that because what would trigger the compensation claim would be the new evidence showing they could not have committed the offence. Something has to happen. Some new evidence has to be brought forward, so it is not simply a situation of the case being redefined.
Jeremy Corbyn (Islington North) (Lab)
If an innocent bystander is watching this debate today and the Minister is saying they have to prove they did not commit an offence, it sounds awfully like they have to prove their own innocence, which of course is anathema to our legal system. Why is he so keen on this new version?
Damian Green
I am keen on this new version and consider it to be an improvement on the original version precisely because it does not require anyone to prove they are innocent, and it provides as unambiguous a wording as we can find to ensure we do not have years of judicial interpretation to come.
Anti-social Behaviour, Crime and Policing Bill
Debate between Jeremy Corbyn and Damian Green(11 years, 1 month ago)
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Damian Green
I am conscious that at various times there have been difficulties with the practicalities of the system, and I take on board my hon. Friend’s point.
The other services covered by part V of the Police Act 1997 when determining fees charged for services also apply to the new update service that was launched earlier this year. This will enable employers to verify whether existing criminal record certificates for those signed up to the service remain up to date, allowing us to ensure that the overall costs of the service now provided by the disclosure and barring service are fully recovered through fee income, and not subsidised by the taxpayer.
Earlier this year, when the update service was introduced, we made interim arrangements under the Finance (No. 2) Act 1987 to provide the legal gateway for this measure to apply. However, the overall arrangement was complex and not entirely transparent. For that reason, we believe the new clause will benefit volunteers and the people and communities they support.
New clause 28 contains substantive provisions to replace clause 147, which, as we made clear, was a placeholder clause. The new clause provides the Lord Chancellor with a general power to set fees at a level that exceeds the cost of the related services. The services are those provided by the courts in England and Wales, including the Court of Protection, the tribunals for which the Lord Chancellor is responsible and the Office of the Public Guardian. The primary focus of our proposals for using this power will be the courts of England and Wales. The courts play a vital role in our society, providing access to justice so that the public can assert their legal rights. Ensuring that they are properly resourced is essential to maintaining access to justice. This must be delivered when public spending is required to fall—deficit reduction is one of the Government’s key priorities—and the courts and those who use them must make a contribution.
As new clause 28 makes clear, the purpose of enhanced fees is to finance an efficient and effective court system. This change to the way that fees are set will help to ensure that courts are properly resourced to deliver modern, efficient services so that access to justice is protected. The proposed legislation provides a general power; specific fees would be increased through secondary legislation. When a specific fee or fees are set at an enhanced level for the first time, the order will be subject to the affirmative resolution procedure—there will be full debate in both Houses. Any subsequent changes to those fees will be subject to the negative procedure.
We will shortly be consulting on proposals to achieve full cost recovery, less remissions, in the civil and family courts. However, even on this basis the running of the court system in England and Wales costs more than £1 billion a year, so we need to go further in reducing the burden on taxpayers. We believe it is fair and proportionate that those who use the courts and can afford to do so should make a greater contribution to their overall funding. That is why we are bringing forward this provision to allow fees to be set above cost in some circumstances.
Let me assure the House that we will not be using the power to set excessively high fees. In setting fees, the Lord Chancellor must have regard to the principle that access to the courts must not be denied. The new clause requires him to have regard to the overall financial position of the courts and tribunals, and the international competitiveness of the legal services market. We are not bringing forward specific plans for charging enhanced fees at this stage. We want to take some time to ensure that we get the measures right. As I said, we will consult widely on the proposals and look carefully at how any proposed court fees might compare with the overall cost of litigation, the value of the issues at stake and the fees charged by our international competitors. Following the consultation there will, as I have indicated, be full parliamentary scrutiny of any enhanced fees that we decide to introduce.
Amendments 184 and 95 relate to the tests for eligibility for compensation following a miscarriage of justice. I propose that the House hears from the hon. Members who tabled them before I respond.
Jeremy Corbyn (Islington North) (Lab)
I, with my hon. Friend the Member for Foyle (Mark Durkan), tabled amendment 95. Does the Minister not recognise that he is proposing a dangerous step forward that would actually reduce the chances of overturning a miscarriage of justice case? Would the Guildford Four or the Birmingham Six have been declared innocent under his proposals?
Damian Green
As I said, I think it would be sensible, for the purposes of the debate and the convenience of the House, if the hon. Gentleman makes his case and I then respond to it at the end of the debate. I think that is better than pre-responding to the speech I suspect he will make. [Interruption.] I am happy to make the same speech twice, but you, Mr Speaker, might feel that that was out of order. If the hon. Gentleman wants a taste of what I am going to say, I do not agree with him, but I will wait to hear his fuller analysis to see if he can convince me in the course of the debate.
Oral Answers to Questions
Debate between Jeremy Corbyn and Damian Green(11 years, 5 months ago)
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Jeremy Corbyn (Islington North) (Lab)
T4. In answer to questions asked by my hon. Friend the Member for Glasgow North East (Mr Bain) and others a few minutes ago, the Secretary of State and his colleagues were less than clear about the European convention on human rights. Which part of it do they object to and want to change, and are there plans to leave the convention altogether?
The Minister for Policing and Criminal Justice (Damian Green)
I am sorry that the hon. Gentleman did not hear my answer. There is genuine discontent about the way in which the perfectly reasonable articles in the convention have been misused in this country’s legal system, such that in many cases people who should not be able to use them misuse them in order to abuse this country’s hospitality by staying here when they have no right to do so and generally bring the whole concept of human rights into disrepute. The hon. Gentleman and I would agree that human rights ought to be the bedrock of a democratic society, but the problem with the current system is that that is in danger of no longer being the case. I would have hoped that he would welcome our attempts to reform it.
Police Cautions (Young People)
Debate between Jeremy Corbyn and Damian Green(11 years, 7 months ago)
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The Minister for Policing and Criminal Justice (Damian Green)
It is a pleasure to serve under your chairmanship, Mr Gray, I think for the first time. I congratulate my hon. Friend the Member for Winchester (Steve Brine) not only on securing the debate, but on his admirable and in my experience unprecedented brevity in not filling up the entire time available to him. I appreciate his interest not only generally, as a member of the Justice Committee, which has indeed pronounced on the matter recently, but particularly, in the individual case that brought the issue to his attention. I will deal with that later in my speech.
On the generalities, the youth justice system is focused on early intervention and on diversion of children and young people from formal disposals where that is appropriate. In recent times, there has been an increase in the use of informal disposals by the police and an adoption of restorative justice approaches, which I strongly support. All police forces now have trained restorative justice facilitators, and an on-the-spot restorative action can often provide the best disposal when a minor, usually first-time misdemeanour is committed. Such an approach can also be beneficial to the victim, who gets immediate reparation from the young person who has committed the offence. There has been a significant reduction in the use of formal disposals by the police over recent years. Since 2001-02, there has been a 57% fall in the number of reprimands, final warnings and conditional cautions given to young people in England and Wales: 40,757 were given in 2011-12, compared with 94,836 in 2001-02.
Jeremy Corbyn (Islington North) (Lab)
I congratulate the hon. Member for Winchester (Steve Brine) on his contribution. My right hon. Friend the Member for Warley (Mr Spellar) made a good intervention, which I support absolutely. People in inner city areas such as the one that I represent, and in particular minority ethnic youths in those areas, seem to have a disproportionately high chance of being stopped and searched, of getting formal cautions and therefore of being impeded in getting work in the future. Will the Minister look into the geographical breakdown of the cautions given and the operational guidance given to police forces? I, of course, support the much earlier write-off of cautions to preserve the career opportunities of all our young people.
Damian Green
The hon. Gentleman might be aware that we are conducting a cautions review at the moment, so feeding into that is important. As I am about to explain in detail, we are concerned to encourage the use of out-of-court disposals but to ensure that, first, the length of time for which they are active beyond the period of the commission of the offence is properly limited and that, at the same time, they provide confidence in the wider justice system and in particular a feeling among victims that appropriate reparation has been made. That is the balance to be struck.
Oral Answers to Questions
Debate between Jeremy Corbyn and Damian Green(12 years, 2 months ago)
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Damian Green
I am grateful to my hon. Friend for his kind remarks. It is precisely because of the strong feelings that we have set up the commission, which will report in a few months’ time. I hope that then we can have a well-informed debate about how we will take forward human rights in this country, preserving what is essential while avoiding the terrible abuses that have grown over the past few years.
Jeremy Corbyn (Islington North) (Lab)
Will the Minister take this opportunity to say something positive about the European Court of Human Rights and the European convention on human rights, which have done so much to improve the human rights of minorities and individuals all over Europe, and stop listening to the neanderthal voices behind him of those who think there is some salvation in walking away from what was a very important step forward in European human rights after the second world war?
Damian Green
As I hope I made clear in my answer to the hon. Member for Ealing, Southall (Mr Sharma), I want to restore human rights and the basic ideas behind them to their place as not only a central part of our political debate but something that is unquestioned on either side of this House or anywhere outside it. That is what we should think about human rights; the problem is that they have been abused in both the European Courts and our domestic courts and in other parts of the system. We need a proper balance and, once the commission has come up with recommendations on that, that is what this Government will achieve.
London Metropolitan University
Debate between Jeremy Corbyn and Damian Green(12 years, 3 months ago)
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Jeremy Corbyn (Islington North) (Lab)
(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on the decision by the UK Border Agency to remove tier 4 sponsorship status from London Metropolitan university.
The Minister for Immigration (Damian Green)
The UK Border Agency has been working closely and continually with London Metropolitan university since March to address its systemic issues. In the most recent audit, the UKBA found concerns in three specific areas: students studying without permission to be in this country, how international students are recruited and the attendance monitoring of students. In those circumstances, allowing London Met to continue to sponsor and teach international students was not an option.
Institutions must comply with the rules, whether they sponsor 10, 100 or 1,000 international students. That includes having a system to check that students have the right visas to study in the UK, and monitoring the attendance of students. Universities must ensure that students can speak English and have the right qualifications to study at degree level. The UKBA found systemic failures that meant that London Met had not been able to ensure the appropriate admission and tracking of students from abroad.
We understand that genuine international students at London Met will be concerned. That is why a taskforce has been created, which includes the Higher Education Funding Council for England, Universities UK, the Department for Business, Innovation and Skills, the UK Border Agency and the National Union of Students. The taskforce is working with London Metropolitan university to help genuine, appropriately qualified students find another education provider to sponsor them. Three UKBA staff are currently based in a help centre set up by London Met to support and advise students.
The UK Border Agency will contact students of revoked institutions when they curtail their leave. It is only when students have their leave curtailed that they will have 60 days to find a new institution or leave the country. This 60-day period does not begin when the institution is revoked. UKBA recognises the unique situation with London Metropolitan university and will not begin writing to students to curtail their leave until 1 October.
But let us be clear: these particular problems have been identified at one university, not the whole sector. The Government recognise the important contribution that international students make to the UK’s economy, and to making British universities among the best in the world. Britain is and will remain a top-class destination for top-class international students.
Education providers have to meet strict standards, ensuring that they provide high-quality education, and take their immigration responsibilities seriously. I am sure that the House agrees that enforcing these strict standards is an important role for UKBA, and a vital part of restoring confidence in our immigration system.
Jeremy Corbyn
It is interesting that the Minister put no figures whatever on the number of students at London Met university who have apparently not fulfilled UKBA’s requirements. One can only begin to get the impression that the Government want to pick on a university that has done good work in assisting overseas students as well as helping a lot of people into higher education who would not otherwise have had that chance.
The Minister wrote to me at the weekend and said:
“Those students however who are already attending the University and who have valid leave to remain do not have to do anything immediately.”
That is a strangely complacent answer to give the 2,600 students at London Met university who paid good money to study hard in order to achieve qualifications to go home. If they cannot find another university, are unable to complete their courses and subsequently deported, what impression will their home country have of Britain? What attitude will those countries have towards this country in future when, through no fault of their own, students have been denied the right to complete a course for which they paid a great deal of money? The image that that presents around the world is appalling—it suggests that overseas students may well be deported from this country because of a decision made by the UK Border Agency without its providing any detail about the basis of it.
Why cannot the Government do a couple of things? First, they should allow the 2,600 students to complete their courses at London Met university rather than have to try to find somewhere at the beginning of September when courses are starting in a few weeks. Secondly, they should work with the university to ensure that if things have gone wrong, they can be put right because the same thing could happen at any other college or university. One gets the impression that the decision to try to crack down on bogus English language schools some years ago—and no one has any time for bogus language schools—has been transferred to the higher education sector.
Almost a third of London Met university’s income comes from overseas students. The same figures apply to many other higher education institutions. The decision throws into jeopardy the very future of that university and damages the image of British higher education around the world. Every university in this country has cause for concern about UKBA’s decision. I ask the Minister please to think again, reverse the decision, allow those students to complete their courses and the university to continue to recruit overseas students after the systems have been put in place to ensure that the law is correctly followed. That would support Britain’s higher education sector. Instead, the Government have chosen to attack it, attacking every university and college in the process. I ask them please to change their mind.
Damian Green
The hon. Gentleman asks for some figures, so let me give him some from the samples considered by UKBA. Some 101 students whose visas had already been refused were selected. Of those who had no right to be in this country studying, 25% were studying at London Metropolitan university. A wider sample was taken of two separate random groups of 300 students—600 students. More than 60% of students were involved in one or other of the problems that I identified in my answer to the hon. Gentleman’s original question. It was not a small, isolated number of students; the sampling showed significant systemic problems throughout. The hon. Gentleman appeals for all the students concerned to be allowed to carry on studying in this country, but he cannot seriously believe that someone who has no right to be here, is not educationally qualified and does not speak English to a level that enables them to benefit from a university course in this country, should be allowed to stay in this country.
The hon. Gentleman’s second main point was that the situation damages the university sector as a whole. What damages the university sector as a whole is when individual institutions do not meet their proper obligations under the immigration rules. For years, what has damaged confidence in the immigration system is that those rules have not been properly enforced. This Government are determined properly to enforce the rules set down by the House.
UK Border Agency
Debate between Jeremy Corbyn and Damian Green(12 years, 5 months ago)
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Damian Green
I will say two things. First, there has been a huge amount of fraud in the past and the sweeping away of bogus colleges reduces the chances for such fraud. This point was also raised by the hon. Member for Hayes and Harlington (John McDonnell). Individual students have 60 days to find a new college and their visa is still operational for that period. That is the sensible first step for them to take.
Stripping away the bogus colleges is only the first point. The hon. Member for Rhondda (Chris Bryant) made a perfectly reasonable point about those who overstay or abscond. The UKBA has been working through tens of thousands of leave curtailments. It is stripping students and others of their right to remain in the UK if they have no right to be here and providing them with written notification that they should return home. In recent months, it has dealt with almost 25,000 curtailments. To ensure that such people return home, the UKBA is undertaking a summer enforcement campaign to target those who have overstayed their visa. The aim of the campaign is to galvanise intelligence-led enforcement activity against such individuals, with the intention of removing them. So far this summer, we have removed almost 1,800 overstayers. As has been said, that is probably 1,800 more overstayers than have been removed in any previous year. That is not just students, but all overstayers.
Damian Green
I apologise, but we are coming to the end of the debate and there are lots of points that I wish to respond to.
Foreign national offenders were mentioned by a number of Members. We now start deportation action 18 months before the end of the sentence to speed up the process. We are also chartering more flights to remove foreign offenders. Last year, we removed more than 4,500 foreign criminals—43% of them before the end of their prison sentence. Many Members raised the issue of those who are released from detention while awaiting deportation. In only 30% of those cases is the decision made by the UKBA. The courts make the other decisions.
The asylum legacy was perhaps the biggest bugbear of hon. Members from all parts of the House. I sympathise with them entirely. There are currently 80,000 cases in the asylum controlled archive. That is down 18,000 from last September. There is some confusion about this matter, but no new applications are being added to the archive. If we find cases while mopping up around the agency that belong in the archive, which is for very old cases, they are put there and processed. Nobody should be under the misapprehension—I think it was the hon. Member for Bradford East (Mr Ward) who brought this up—that new applications are going into the archive; they are simply not.
As has been mentioned, we are now checking cases not just against public sector databases but against credit scoring databases and so on, to see whether people are leaving any footprint in this country. If they are not, there is clearly evidence that they have left, which allows us to concentrate on those who are here so that everyone gets a decision. As the Chairman of the Home Affairs Committee said, the target is finally to clear the backlog this year.
Another big issue that many right hon. and hon. Members brought up was the changes that we are making to family visit visa appeals, which we are restricting. I should point out that no other category of visit visa attracts a full right of appeal, and it is a disproportionate use of taxpayers’ money to fund a full right of appeal for a visitor, to be heard by a tribunal in the UK. No other country does that. From 9 July, the new regulations will restrict the full right of appeal to those applying to visit a close family member with settled refugee or humanitarian status.
I repeat that it is quicker for people to reapply than to appeal, and it is not the case that every decision is simply rubber-stamped. I believe it was the hon. Member for Walsall North (Mr Winnick) who brought that up. I assure him that each case is examined by a more senior member of staff, and that some decisions are changed by the entry clearance manager.
Prevention and Suppression of Terrorism
Debate between Jeremy Corbyn and Damian Green(13 years, 10 months ago)
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The Minister for Immigration (Damian Green)
I beg to move,
That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2011, which was laid before this House on 17 January, be approved.
There remains a severe and sustained terrorist threat to the UK and its interests abroad. The Government are determined to do all that they can to minimise this threat. Proscription of terrorist organisations is an important part of the Government’s strategy to tackle terrorist activities. We would therefore like to add the organisation Tehrik-e Taliban Pakistan—the TTP—to the list of 46 international terrorist organisations that are listed under schedule 2 of the Terrorism Act 2000. This is the ninth proscription order amending schedule 2 to that Act.
Section 3 of the Terrorism Act 2000 provides a power for the Home Secretary to proscribe an organisation if she believes it is concerned in terrorism. The Act specifies that an organisation is concerned in terrorism if it commits or participates in acts of terrorism, prepares for terrorism, promotes or encourages terrorism—that includes the unlawful glorification of terrorism—or is otherwise concerned in terrorism. The Home Secretary may proscribe an organisation only if she believes it is concerned in terrorism. If the test is met, she may, at her discretion, proscribe the organisation. In considering whether to exercise this discretion, she takes into account a number of factors, which were announced to Parliament during the passage of the Terrorism Bill in 2000.
Jeremy Corbyn (Islington North) (Lab)
It is not on the particular organisation that I want to intervene, but as I understand it, the debate is restricted to that organisation. Can the Minister tell us whether he has any plans to review any other organisations that are on the list, such as those representing the Kurdish and Tamil communities, as a way of promoting political dialogue and discourse to bring about peaceful resolutions to conflict, rather than people resorting to violence?
Damian Green
I am grateful to the hon. Gentleman for that intervention. He will understand that, for obvious reasons, it is not the Government’s policy, and never has been the policy under any Government, to discuss whether an organisation is or is not under consideration for proscription. It would clearly be foolish for any Minister to give running commentaries on what is going on with individual organisations, so I do not propose to start now.
Temporary Immigration Cap
Debate between Jeremy Corbyn and Damian Green(13 years, 11 months ago)
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Damian Green
I do agree with the shadow Home Secretary on that point. He has said many interesting things about immigration—facing both sides of the issue, as he frequently does. However, I think that the country has decided. People want immigration limits, they want immigration brought down, and they elected this Government to do precisely that.
Jeremy Corbyn (Islington North) (Lab)
As the Minister appears to be under some pressure from employers in the private sector and the academic and research institutions with regard to the operation of the cap, is it such a good idea to reimpose a temporary cap tomorrow, rather than letting the consultation run its course and then coming up with a more thoughtful answer early next year?
Damian Green
I think that the hon. Gentleman is, perhaps understandably, confused about the nature of the consultation. The consultation was on the permanent limit. That consultation is now over, and my right hon. Friend the Home Secretary made a statement a few weeks ago which was, indeed, welcomed by business groups. We have laid to rest the legitimate concerns that business groups had about the operation of the permanent cap, which will now proceed—as was always intended—from April.