Domestic Abuse Bill

Jim Shannon Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Stephen Timms (East Ham) (Lab) [V]]

I add my tribute to our late colleague Dame Cheryl Gillan.

I agree very much with what the hon. Member for Ruislip, Northwood and Pinner (David Simmonds) said about the importance of the role of local councils in dealing with problems of abuse. Like a number of other Members, I want to support Lords amendments 41, 40 and 43 and to argue that a serious problem of perpetrator immunity needs to be grasped and tackled. I welcome what the right hon. Member for Basingstoke (Mrs Miller) had to say on this.

Lords amendment 41 was moved in the other place by the Bishop of Gloucester. It provides migrant victims of abuse with temporary leave to remain and access to public funds for no less than six months, having left the abuse and while applying to regularise their status. People are often surprised that a large number of law-abiding, hard-working families in the UK—often with children born here, and sometimes with children who are UK nationals—have an immigration status subject to no recourse to public funds.

For a victim of domestic abuse, having no recourse to public funds is catastrophic. Basic victim protections are not available. Only 5% of refuge vacancies are accessible because costs in a refuge are generally met through housing benefit, and people with no recourse to public funds cannot claim housing benefit. Women’s Aid points out that a woman with no recourse to public funds who, as a result, cannot stay in a refuge has to choose between homelessness or going back to their abuser.

I commend the important work of Southall Black Sisters in this area, which has been frequently referenced in the debate. It says:

“Many women are too scared to report their experiences to statutory agencies because they are wholly financially and otherwise dependent on their abusive spouses or partners, many of whom use women’s immigration status as a weapon of control and coercion.”

The denial of safety in these arrangements to migrant women is obviously bad for them, but it has other immensely damaging impacts as well. Above all, it creates impunity for perpetrators, who get free rein to go on and harm other women and children.

The Children Act 1989 requires local authorities to provide accommodation and financial support for some families with no recourse to public funds, but they often do not provide it, due to lack of resources or confusion about what exactly people with no recourse to public funds are entitled to. There is, in practice, a postcode lottery of support, so Southall Black Sisters often has to take legal action against councils that are not fulfilling their obligations to vulnerable women. That is no way to run a system of proper support.

The DV rule introduced in 2002, which has been mentioned in this debate, allows migrant women on spouse visas to apply for indefinite leave when their relationship breaks down due to violence. In 2012, a concession was introduced giving those applicants three months’ leave and access to limited benefits and temporary housing while their applications for indefinite leave are considered, but the concession does not apply to women with other kinds of visas, including those with student visas, work permit holders and domestic workers. Southall Black Sisters reports more and more women on those other kinds of visas with no recourse to public funds being turned away, including by refuges and domestic abuse services.

Women’s Aid found in its report “Nowhere to turn” that, over a year, two thirds of its users were ineligible for support because they had visas other than spouse visas. There is a 2019 study by the professor of development geography at King’s College London, which reported a survey of migrant victims of domestic violence, in which two thirds had been threatened by the perpetrator of the abuse that they would be deported if they reported it. The ability to make that threat credibly, which the current arrangements allow, maintains the awful climate of impunity that we have at the moment. The Government are right to recognise that abused migrant women with insecure status need immediate support and protection, but restricting it only to women with spouse visas perpetuates impunity for perpetrators, and that is in nobody’s interests except the perpetrators.

The Government have responded with the support for migrant victims fund pilot, which we have heard about, both to support survivors of domestic abuse with no recourse to public funds and to help gather data to formulate policies eventually to support all migrant victims of domestic abuse. It is due to report next March, and I welcome the announcement that Southall Black Sisters will manage it, but it has been pointing out that there is already ample evidence. We do not need more evidence on this. The pilot and the Bishop of Gloucester pointed out what a small amount of funding it entails, compared with the scale of the problem, and the hon. Member for Strangford (Jim Shannon) highlighted that in his earlier intervention. The pilot must not be used to avoid addressing the problem and to carry on maintaining perpetrator impunity. We need the change in the law that amendment 41 would provide.

[Jim Shannon (Strangford) (DUP)]

I want to put on the record my party’s condolences and thoughts about Dame Cheryl Gillan. I had the opportunity to speak alongside her, along with many others in this House, in many debates in the Chamber and in Westminster Hall. She had a particular interest in autism, which I have an interest in. I want to put on the record my condolences to her family, which I have conveyed by letter already.

Thank you, Madam Deputy Speaker, for giving me the opportunity to speak on this weighty, comprehensive and important issue. I begin by thanking the Government for the proposals to change the wider support for those suffering from domestic violence. I thank the Lords for their reasoned amendments, a few of which I will discuss in the short time available to me. In particular, I want to thank the Minister and the shadow Minister. The significant contributions from right hon. and hon. Members have really enhanced the debate on this Bill.

To illustrate the importance of getting this right, I wish to highlight that there are approximately 1.8 million people in Northern Ireland. In the year between October 2019 and October 2020, there were 32,000 reported incidents of domestic violence within our very small population. Of course, charities always tell us that the figure is much higher, when we consider how many incidents are unreported.

Coronavirus has affected us all over the past year and a bit. Heightened domestic abuse is another side-effect of this dreadful pandemic and the forced isolation that has come with it, so we need to get this Bill right, and that is why I am very grateful for the Lords amendments. For many victims, going to the police is the very last step in a long, harrowing journey of abuse. It is our responsibility to ensure that no one walks that journey alone.

[Mark Tami (Alyn and Deeside) (Lab)]

Does the hon. Gentleman agree that it is important that the police look at patterns of behaviour? I have often found that they look at these as isolated incidents—whether that is stalking, or whatever it is—rather than an actual pattern of behaviour?

[Jim Shannon]

The right hon. Gentleman is absolutely right. The shadow Minister, the hon. Member for Birmingham, Yardley (Jess Phillips), made that point very well in her introduction. If there is a pattern—other Members across the Chamber have referred to this—there is a need for the police to be aware of that.

In reading through the Lords amendments, I noted that Lords amendment 39, after clause 72, highlighted that there must a prohibition on charging for the provision of medical evidence of domestic abuse. This should go unsaid, yet I understand the rationale behind highlighting this.

That brought my mind to the fact that the Bar Council had asked for the financial income limit as it pertains to legal aid to be withdrawn. Many Members have referred to legal aid. Legal aid expenditure on domestic violence cases has been cut by 41% in real terms, and has been declining ever since, with a 51% reduction. At the same time, I believe sincerely that this decline in funding cannot be attributed to a reduction in need, because the figures tell us something different. They tell us that there has been a 49% increase in domestic violence cases in the courts since 2012. Again, the situation since the start of the pandemic indicates that cases and reporting are likely to continue to increase even more so, meaning that we can expect a continued increase in the number of cases in court, with the UN—we cannot ignore it—calling domestic violence a “shadow pandemic”. That is a massive issue, which we must try to look at. Money is often controlled by the abuser. In terms of legal aid, it is clear that the victim must never be put in a position whereby they halt proceedings due to the lack of legal aid support. Legal aid is therefore a really important issue to those who are subjected to domestic violence.

I welcome many of the amendments that have come forward, such as Lords amendment 6 to amend clause 33, highlighting the need for domestic abuse protection orders to include a requirement not to

“come within a specified distance of any other specified premises”—

such as workplaces or, for example, even places of worship. Those are ones that I would be aware of and that change in the law is so important. In my constituency, over the years, I have honestly been heartbroken and righteously angry about the tales of intimidation from an abuser towards a victim in safe places, such as their local church and their workplace, and it is past time that churches and other places can legally prevent access in an attempt to intimidate. This provision is therefore necessary and I trust that it will soon become law.

Another issue that has come to me in my constituency office relates to the technological age that we live in. It is always great to be able see photos of my grandchildren—I have two grandchildren who have been born in lockdown, and I have seen one because we were able to have our cluster at Christmas. I have not seen the other one up close, except in a video—one thing I do know is that he has red hair; I am not quite sure where the red hair came from, as it is certainly not from my side of the family, but obviously there is some a few generations back somewhere—but I look forward very much to that time. However, I am desperately aware that there is a very real, very difficult and very disturbing downside of the no-hassle digital picture age, and that relates to revenge porn using very personal images. Every Member has spoken about that and I will, too, because I feel really annoyed and angry about it.

I have watched as my office staff have consoled young ladies whose ex-partners have threatened to disclose images, and their devastation is so very real and heartbreaking. The staff have a sadness in their faces as they know that unless an image is posted, very little can be done under harassment or other general laws, yet the distress is real; it is palpable—it could touch you and cut you. This behaviour is clearly another example of threat and control. It is right and proper that it is addressed in the Bill and I wholeheartedly support Lords amendment 35, which seeks to clarify that it is not okay to threaten the release of these images—by anyone, male or female. Sometimes we must remind ourselves that the release of any personal image without consent can be emotionally damaging for any person, no matter how seemingly confident they may be. Personal images are just that—intensely personal. I welcome the amendment’s reaffirming that no one can have the right to release an image of a personal nature without consent.

To conclude—I said I would be quick, Madam Deputy Speaker—it is difficult for one Bill to cover all the facets of the support and help that is needed for domestic abuse victims, but we must seek to get this right and ensure that the law supports every victim and does not further traumatise. I thank the Minister and the Government for their sterling efforts to deliver a Domestic Abuse Bill that really can protect.

UK Asylum System and Asylum Seekers’ Mental Health

Jim Shannon Excerpts

Tuesday 13th April 2021 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Glasgow North West (Carol Monaghan) for setting the scene so very well, and I thank my colleagues for all their marvellous contributions. It is also a pleasure to follow the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone). He plays himself down when he says he does things rather badly. On the contrary, he does things rather well. I think we all enjoy his contributions—I certainly do—whether they be in Westminster Hall or in the Chamber. He always gives his thoughts very clearly, and I think every one of us appreciates his comments.

I will begin with this quote from the Henry Jackson Society, because I absolutely agree with what it has to say: “Those that need our help the most are not the young men with the means to reach Britain, but they are the poor, the weak, the vulnerable trapped in conflict.” For me, that encapsulates where we are. I am not saying that we are better than anybody else, but my nature is one of wishing to help other people.

I am my party’s spokesperson on human rights, on health and on the Department for Work and Pensions—in a small party there are a whole lot of things to do, but I love the subjects I have been given and they are matters of interest. I am concerned that we could be throwing the baby out with the bath water, in our well-intentioned attempt to prevent abuse of the system. I know the Minister is a man of compassion and understanding, and a person who wants to help other people. I know that because I have had a friendship with him for many years, since before he was a Minister. Our friendship is the same; it has not changed.

We look to the Minister for the answers and to understand what the Government are trying to do. I understand that they have to control and oversee immigration, and when I asked the Secretary of State this question, she came back with a good answer. I ask the Minister the same question and I would appreciate a response: how can genuine cases involving women and children be addressed under this legislation? The people I refer to are the poor, the weak and the vulnerable.

During the pandemic, I highlighted the need to ensure that asylum seekers had access not just to services, but to food and clothing. The hon. Member for Glasgow North West has spoken about this, as have her colleagues. A report from Refugee Action stated that asylum support rates are currently set at £39.60 per week or £5.66 per day. My goodness, how on earth could anybody survive on that? I mean that honestly. People cannot live on noodles or the 99p specials in the shops all their lives. The money does not go far. What if they have a family? The problems are horrendous. The amount that these people are forced to subsist on is 73% below the poverty line. Again, I ask the Minister to outline the rationale behind this level of support and if there is an intention to ensure that anyone that lives in this country is able to eat and be clothed regardless of the reason they are here.

I want to give the Minister and the Government a plaudit; it is important that we recognise good things. It is not about asylum seekers, but we did have a scheme that brought people from Syria. Half a dozen families, who were persecuted Christians, came to Newtownards town and have settled, with the help of Government, local government and whole lot of individual bodies in Newtownards. Imagine what we could do if we made the same effort for everyone.

The backlog in decision making and the length of time that it takes to get a decision from Government is having a detrimental effect on mental health. The hon. Member for Edmonton (Kate Osamor) gave the figures earlier on about the applicants waiting over six months. I will not repeat them, but can the Minister outline his intention to increase staffing and support so that people can have peace of mind in a timelier manner?

Every one of us has experience of how the pandemic has affected us, not just as representatives but through our constituents, both physically, through all the things that have happened, and in terms of the impact on mental health. I am very fortunate as I live on a farm. Whenever I go home at night, I can go for a walk in the fields with the dogs and get some respite. What about all the people who are living in flats and houses? I have thought about them many times, and I say to myself, “How on earth do they stick that?” How much harder is it for asylum seekers, who are living on a small wage, have lost their family and are living with the trauma of all that has happened in the country they have fled from, to look for support? I recognise that the Government and the Minister are wishing and willing to help. I am not saying the men are not important—they are—but for me the issue is the mothers and the children. We need to have some action for them and some responses from Government about what we are to do.

[Sir Charles Walker (in the Chair)]

We have a little spare time, so, Stuart McDonald, if you would like six minutes, please take six. It is normally five.

New Plan for Immigration

Jim Shannon Excerpts

Wednesday 24th March 2021 Commons Chamber

[Priti Patel]

My hon. Friend is absolutely right. When he looks at the new plan, he will see a chapter in the policy paper on the judicial reset that is required when it comes to the immigration tribunal, immigration bail and the appeals process. We will streamline that and we will also deal with the wasted costs that British taxpayers are paying for. We want to use that resource to ensure that the money is going to those who are in need and not just to those who are gaming the system.

[Jim Shannon (Strangford) (DUP)]

I thank the Home Secretary for her statement. I agree that those seeking asylum must do so in the appropriate way and that those who smuggle illegal immigrants must face the full extent of the justice system. However, I have a concern over the role of children in these situations. A child has no say over whether they are brought over legally or illegally, so will the Home Secretary outline what special circumstances will be in place when it comes to children and minors, who are totally innocent of deceit or of trying to play the system?

[Priti Patel]

The hon. Gentleman makes such an important point about vulnerability, and children in particular. We need to find the right way in which we can safeguard them, and that is exactly the work that we are going to undertake with partner agencies to look at bringing them not just from camps in Europe, because Europe is a safe continent, but in particular from those parts of the world where we are seeing the most appalling levels of conflict, instability and persecution.

Support for Women Leaving Prison

Jim Shannon Excerpts

Tuesday 9th March 2021 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is very nice to be in the new Westminster Hall and to make a contribution. It is certainly different and does not have the ambience of the original, but it is nice to have the debates back.

I thank and congratulate the hon. Member for Swansea East (Carolyn Harris) on setting the scene so well, and I thank those who have contributed. It has been good to hear all the valuable contributions.

Obviously, I am very pleased to make a contribution on this issue, because—like the hon. Member for Thurrock (Jackie Doyle-Price)—I have a passion to help those in society who are probably less well-off and need help. My heart’s desire and my position here is to help those who perhaps are not able to help themselves. The hon. Lady outlined the issues very clearly and I want to speak about them as well.

I thank the organisation Safe Homes for Women Leaving Prisons for its sterling work to highlight the problems that exist within the rehabilitation process for women leaving prison. When I read through the briefing notes, it was clear that we can and must do better to rehabilitate these women properly rather than their leaving prison with no support, which makes it much harder for them to make the change in their lives that they need. That is why we are here today. I am very pleased to see the Minister in his place and I know that he will be able to answer the questions that we put to him.

The briefing highlighted that each year thousands of vulnerable women really need follow-on help from whenever they leave prison. The hon. Member for Swansea East said at the beginning of the debate that people leave prison with £46—my goodness—and a plastic bag with their clothes in and probably all their life’s possessions, and with nowhere to live, which, of all things, I really worry about. There is also the threat of recall if they miss a probationary appointment. Is that the level of preparedness that is needed for the outside world? I would say not; indeed, that is why this debate is happening. Instead, they are left at the mercy of those evil and wicked people out there who take advantage of others, and who the hon. Members for Swansea East and for Thurrock both referred to.

I believe that we should give these women the dignity that they want and need, and the confidence that comes from that, so that they can leave prison well. If someone gets out of prison and they do not have a house, the first thing that they need is a house, or accommodation. But that should not be provided just as a one-off, leaving all the other things to fall into place, or hoping that that happens. It is about the follow-on help.

Who addresses the mental health issues? We have lived through a year of coronavirus, and many people in my constituency and indeed in all our constituencies have experienced mental health and wellbeing at a lower level than ever before—at least, I cannot remember in my lifetime there being a lower level. Mental health issues are affecting lots of people. Multiply that by those who are stuck in prison for the sentence that they have been given for the crime that they have committed, and for those people the mental health issues are really overwhelming.

What we do to provide follow-on help matters. Housing is the No.1 priority, as the hon. Member for Swansea East said. The next stage is to provide follow-on help for any mental health issues. We can help with simple things, for example, managing budgets and the moneys people have. Even those small things matter.

I watched a TV programme with Simon Reeve, who I quite like; he does a trip to different places. On Sunday night, my wife and I watched it together. He was doing a trip around the Americas and he went to a place in Colorado; I hope that I am right on that. It was a prison town—there were nine prisons in that town. But what they were doing in that prison town was getting people prepared for whenever they left prison.

We all have our own opinion of the US justice system. It is quite a complicated system, where someone can start off with a fine for a broken tail-light but things can multiply and they can end up being in prison, because they do not have the money to repay a debt and get themselves back in credit. However, what they were doing in this prison town was get people prepared for the outside world. The prisoners were being taught simple things, such as going to a restaurant. These are people who perhaps do not have the educational standards that they need; they probably do not have the social skills, either. For them, the outside world is a scary place and they are vulnerable to being taken advantage of.

I believe that the practice that we are debating today is a devastating one, which places vulnerable women at risk and prevents them from rebuilding their lives after a prison sentence. Safe and secure accommodation is essential for rehabilitation, but 65% of prisoners are released to no fixed abode. Basically, they go out the door of the prison and they are on their own. If they have no family, the situation is even worse, because they really are singular and alone with what happens to them. And, yes, the potential for them to reoffend emerges very quickly. Let us consider that figure I just gave; it is an incredibly significant figure. It is 65%, and this figure alone prompts calls for action to be taken.

It is only right that we give the Government credit for recognising that women have a very different experience of the criminal justice system from men, but because of that, while the Government have done some things, they have perhaps not done enough. They have committed to improving outcomes for women in contact with the criminal justice system across England and Wales, but I just wish that we in Northern Ireland had the same pilot scheme that the Government have looked at. Has the Minister had the opportunity to speak to the Justice Minister in the Assembly in Northern Ireland, Naomi Long, to discuss these things and see what we can learn from the UK Parliament to make this thing happen in Northern Ireland as well?

I also highlight that, despite that recognition, the Government have not set out any gender-specific measures to address support for, in particular, the complex needs of vulnerable women prison leavers in their new pilot scheme to house prison leavers in temporary accommodation. I welcome the pilot scheme, which really gets us to the stage where we really want to be—the first stage of trying to rehabilitate and bring people into society with better opportunities and life potential. I would love to see that, and if that that is the intention of the Minister and the Government, it is to be welcomed. However, at this stage, the Government have missed that opportunity, so I ask again whether the Minister will set out how this pilot will cater for the specific and complex needs of vulnerable women prison leavers. I really want to make sure that, when the pilot scheme is in place, what comes forward after that gets people ready for the next stage of their lives. Further, there is a question to be asked about whether this will be extended across all probation regions in England and Wales.

I also asked whether the information will be shared with Northern Ireland to ensure that new designated prison officers acting as brokers for housing are appointed in every women’s prison—I think the hon. Member for Swansea East referred to this in her contribution at the very beginning—and receive specific training on the challenges facing women prison leavers.

Back in 2019, I read an incredibly interesting article that included excerpts from a study carried out by the criminology lecturer Gillian McNaull as part of research for Queen’s University Belfast. What she said sums up this issue very well:

“Many women are not remanded due to the severity of their crime, but instead due to their vulnerability.”

If society puts people away because they are vulnerable and not because of the severity of their crime, there is something wrong. If Gillian McNaull at Queen’s University Belfast can recognise that, I am absolutely sure that Members who speak in this debate and the Minister recognise it. She also says:

“I found that a significant number of women are being arrested and remanded to custody for issues relating to mental health crisis, suicidal ideation, alcohol use issues and homelessness.”

The hon. Member for Thurrock referred to that. We really need to know the reasons why people are in prison. If it is because they have committed a crime of such severity that warrants prison, that is okay, but it is not if they are in because they are vulnerable or have nobody to turn to or are really down on their ankles.

Gillian McNaull added:

“This sees an unacceptable use of prison as a place of ‘safety’ and ‘containment’ for women—an issue exacerbated by deficits in community resources, such as a lack of gender-appropriate hostel accommodation, adequate community mental health support and social care provision.”

The hon. Member for Lewisham West and Penge (Ellie Reeves) made a similar reference. What can be done to help to achieve successful and secure hostel accommodation, community mental health support, which is really necessary, and that social care provision? If we get all those in place, I believe we can help in a more constructive way and give people hope for society for the future. That is really important.

At this time, the Justice Minister is committed to carrying out a review. I ask the Minister to ensure that all information, practices and pilots are shared UK-wide—we are very much part of the United Kingdom of Great Britain and Northern Ireland, and want to be, and we want those pilot schemes and practices shared in a way that we can take advantage of them as well—to inform what changes can be made to prevent offending and the improper use of facilities. More support is clearly needed and I believe that the effort will bring reward. I know it is the intention of everybody here, including the Minister, to lessen reoffending. It is vital that more women will be able to change their lives with the support that they are crying out for.

--- Later in debate ---

[Jim Shannon]

The Minister is setting out clearly some of the good things that can be done. Within those, in my contribution I mentioned social skills. It is important that people can leave prison and interact with people in a way that they can understand and feel the confidence that they need. Is this one of the measures that the Minister will introduce for those who are leaving prison?

[Kit Malthouse]

The hon. Gentleman is absolutely right. In discussions in the Ministry of Justice I have made it clear that my view, which I think is shared broadly by Ministers in the Department, is that there are three foundations for success in life post-prison. They are a job, a house and a friend—effectively, someone to hold your hand. If someone leaving prison has those three pillars in their life, they are much more likely to succeed on the outside. Too often, people have one, or possibly two, but certainly not all three. In the role that I am trying to put in place around integrated offender management—the reboot of that effort—that is what we are going to try to achieve.

The New Futures Network continues to support businesses that are part of the employers’ forum for reducing reoffending, to deliver new, tailored employment for women. Initiatives to be trialled include mentoring and thematic virtual sessions covering the development of soft skills, as the hon. Gentleman said. These will be offered to women serving the last few months of their sentence. The framework of support will be tested in three prisons.

Given the ambition of the hon. Member for Swansea East for the Government to go further, she will be pleased to know that as part of the January announcement to tackle and reduce reoffending, we are seeking to introduce and test new approaches and roles across education, employment, accommodation and substance misuse. HMP New Hall, which was mentioned, has been selected to ensure the specific needs of women are captured, so that learning can be shared across the female estate more broadly.

To conclude, I hope I have removed any doubts about the Government’s ongoing commitment to deliver fully the female offender strategy and that, in the time available, I have been able to provide clear examples of how we are working to properly support women leaving prison. As far as the extra 500 places are concerned, I hope that the hon. Lady and others will understand that, while we have to plan for the worst, and the impact of 20,000 police officers on the prison estate cannot be ignored, we will work very hard between then and now for a much better outcome than an increase in the prison population.

Fire Safety Bill

Jim Shannon Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021 Commons Chamber

[Sarah Jones (Croydon Central) (Lab)]

It is a pleasure to follow the Policing Minister. I, too, put on record my best wishes to the right hon. Member for Old Bexley and Sidcup (James Brokenshire), who cannot be here to lead for the Government today. We all wish him a speedy recovery

I thank our fire and rescue services, who are going above and beyond to keep us safe and have worked tirelessly to protect us throughout the covid pandemic. I am grateful to Ministers, to officials and to House staff who have worked with us on this Bill. I give particular thanks to Yohanna Sallberg and Kenneth Fox, who have supported me, in particular, throughout the Bill’s passage. I thank Lord Kennedy of Southwark, and all those Lords who have led this Bill through the House of Lords, and ensured that Labour’s key amendment on implementing the Grenfell phase 1 recommendations was accepted there.

Every time we debate and discuss the aftermath of the Grenfell Tower fire, we hold the memory of those who died in our hands. We must be gentle and respectful, but we must also see the injustice, and honour those who died by taking action, and by not resting until justice has been done and everybody has a safe home that they can afford. I pay tribute to the campaigners—Grenfell United, the families, survivors, and the entire community—for their tireless fight for justice. I also pay tribute to those campaigners who are fighting every day for the hundreds of thousands of people who are trapped in unsafe buildings, and who face extortionate bills and are unable to move. The drumbeat of their lives is fear and anxiety. No Parliament can ignore that.

Thousands of people are working on this, but I particularly thank Ritu and Will from the UK Cladding Action Group, for their assiduous efforts. I thank the 200 people who joined our roundtable this morning, so that we could hear at first hand the horrors that this Government are wilfully enabling. As Ritu said, “we are fellow human beings in these buildings—your family, your friends, your colleagues.” To everyone who is affected, and who is living in fear and anxiety, I say sorry—we must do better.

As we have said throughout the passage of the Bill, we support it, but it is small and the only piece of concrete legislation we have had since Grenfell. That is not an adequate response to the biggest housing safety crisis in a generation. It does not even scratch the surface of the work that must be done to fix the wild west of building control and fire safety that we have seen played out with such horror over the past few weeks during phase 2 of the Grenfell inquiry. It has taken so long to get here, and at every stage we have had to drag the Government into action.

The Government promised to act swiftly after Grenfell, yet it took them almost three years to introduce this Bill. We waited 12 weeks just for them to bring the Bill back to consider Lords amendments. This is intended to be a foundational Bill. Its purpose is to provide clarity, and state what is covered by the fire safety order, which will inform other related and secondary legislation. In Committee the Minister said that the Government intend to legislate further, and he spoke many times of action still to come, as he did today. By this stage, however, we need more than vague commitments about secondary legislation. At the very least, we need a clear timetable from Government that sets out when further changes to the Regulatory Reform (Fire Safety) Order will be delivered, when secondary legislation will be introduced, and when the Bill will be implemented.

In response to a deeply frustrated letter from Grenfell survivors in September, the Government said that the introduction of the Fire Safety Bill was a key priority, yet the Bill does not include provision for any of the measures called for by the first phase of the Grenfell inquiry. We would like many issues around improving fire safety to be included in the Bill, but many will now have to be introduced through the draft Building Safety Bill and by secondary legislation. We have no idea when any of those things will happen.

[Jim Shannon (Strangford) (DUP)]

I have been asked to speak by my party leader, my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson), and by other Members who have relatives who own such flats on the mainland. They have extreme concerns, and the fears that the hon. Lady has referred to about their properties, and what that means for the future. Although the Government have good intentions, I believe —as I think does she—that the Bill does not go far enough. Is she convinced by what the Minister has said, and if not, will she push the amendment to a vote?

[Sarah Jones]

I thank the hon. Gentleman for his intervention. I do not think the Government have gone far enough, and I do not accept the reasons why we are going at such a snail’s pace on something so important. I will come to what we think should be done about it.

The Government rejected many attempts to amend the Bill. The draft Building Safety Bill places various requirements on what is called the “responsible person” and refers to the fire safety order for the definition of that, but the fire safety order does not provide a definition of the responsible person. The draft Building Safety Bill even attempts to put into law a building safety charge. It is vital that the fire safety order makes it clear that there is no ambiguity around the definition of responsible person and that it does not mean leaseholders. However, the Government chose to reject that amendment.

The fire safety order requires regular fire risk assessments in buildings, but it includes no legal requirement for those conducting the assessment to have any form of training or accreditation. In Committee and on Report, we tabled amendments that would bring into force an accreditation system for fire risk assessors, rather than waiting for more secondary legislation. We also tabled an amendment to require the schedule for inspecting buildings to be based on a prioritisation of risk, not an arbitrary distinction of types and heights of building. On that point, I am glad that the Government have listened, having turned us down in the initial stages, and taken good practice from Croydon and other areas and introduced a risk-based approach to the Bill.

We tabled an amendment on waking watch to require the Government to specify when and for how long such measures should take place. Thanks to Lord Kennedy of Southwark, our amendment on implementing key measures from the first phase of the Grenfell inquiry passed in the Lords, despite the Government’s attempts to block it. The Government have made so many promises to address the fire safety crisis but failed to keep them. The families and survivors are still waiting for justice, and hundreds of thousands of leaseholders and tenants are still trapped.

As we debate the Lords amendments this afternoon, the Government face a choice on what they include in the Bill. They could do the right thing and fulfil their promises, or they could push the can down the road again—“We do care, just not quite enough, not quite yet.” There are two answers that thousands of people across the country are watching and waiting for today: will the Government change their mind and back the Lords amendment to implement recommendations from the Grenfell inquiry, and will the Government legislate to ensure that leaseholders—blameless victims of this crisis—do not have to foot the bill for measures to make their buildings safe?

--- Later in debate ---

[Sarah Jones]

The hon. Member said, “I am not saying it would not affect the value of that property”, and that is the key. This issue should not be affecting the value of the property when people have saved up for many years, worked hard, bought their flat and then through no fault of their own suddenly finds that the value of their property goes down because of the Government failure to deal with the problem.

Through successive lockdowns, the people in these blocks have gone to bed at night with the added pressure of sleeping in a building at risk of fire or being themselves at risk of bankruptcy and deep financial trouble. It is taking a heavy toll on people’s mental health and putting millions of lives on hold. Leaseholders have been trapped in this impossible position for far too long.

I hate that we are still having this conversation. I hate that I have stood here at this Dispatch Box time after time for years saying the same thing to Ministers, and I hate that good people on both sides of this House are saying the same things and it is still falling on deaf ears. The problem is not going to go away. The Government could legislate today to ensure that leaseholders do not pay by supporting the Lords amendment, the McPartland-Smith amendment or the Labour amendments. At this point, I do not mind which one they pick; I just want the job done.

[Jim Shannon]

One of the items that has been brought to my attention is that 57% of flats requiring remediation were purchased for under £250,000, which means that many of those people are living in negative equity in their properties. Does the hon. Lady agree that this is not about cake tomorrow, but about what happens today, and unless the Government accept the amendments that have been tabled, those people will feel that they have no hope for the future?

[Sarah Jones]

The hon. Member is absolutely right. We heard from a lady this morning that the cost of insurance for her small block had gone up from £30,000 a year to £500,000 a year. We heard from a lady who lives in a block in Kent—I know one Government Member has stood up for her in this place many times—where the residents have already spent £500,000 on a waking watch. It is quite extraordinary.

I was alarmed to see reports this afternoon that the Prime Minister’s press secretary, Allegra Stratton, has said:

“Our problem with McPartland’s amendment is that, far from speeding things up for constituents across the country who are worried about finding themselves in these properties, it would actually slow things down.”

That mirrors the intervention that the hon. Member for Strangford (Jim Shannon) has made, and it is an absolute cop-out. We are four years on, and leaseholders are struggling. We think that 11 million people are affected by this—not necessarily those living in dangerous blocks, but those living in blocks where they do not know, because they have not got the forms sorted and they are paying more insurance. That is a huge crisis.

Death of PC Yvonne Fletcher

Jim Shannon Excerpts

Tuesday 23rd February 2021 Commons Chamber

[Bob Stewart]

Thank you, on behalf of everyone who is campaigning. The more of us who say it, the better.

[Jim Shannon (Strangford) (DUP)]

Will the right hon. Gentleman give way?

[Bob Stewart]

I give way to my honourable friend—he is my hon. Friend, even though he is in the Opposition.

[Jim Shannon]

The right hon. Member for Beckenham (Bob Stewart) has a great part in every one of our hearts. I salute him, as an honourable and gallant Member.

I remind him as well that we in Northern Ireland have felt all too often the devastation of the death of our serving police officers. I know that the right hon. and gallant Gentleman will have known some of those officers who served and died for Queen and country. Does he agree that the message must be clear in every part of the United Kingdom of Great Britain and Northern Ireland that every life is precious, that there will be no tolerance of the murder of those who served, and that the maximum penalty can and will be applied on every occasion? I support entirely the campaign on behalf of Yvonne Fletcher. I wish the hon. Member well, and I hope that the Minister will respond in a positive fashion.

[Bob Stewart]

I thank the hon. Member. All I can say to that is that I entirely agree with him on the Police Service of Northern Ireland and its predecessor, the Royal Ulster Constabulary.

To make a little aside, when someone is killed in the military, they give out the Elizabeth Cross to the next of kin. I would have thought that that is quite a nice thing to consider doing for the police. It is just a thought, which has only just come into my brain at this moment, but the Elizabeth Cross really means something to the next of kin of people who have lost their lives serving in the military. I would have thought that for the police that would be quite a good idea, too.

The hon. Member for Ayr, Carrick and Cumnock (Allan Dorans), who was a serving officer in the Metropolitan police on the day that Yvonne was murdered, cannot be with us today. He has told me that he did not know Yvonne personally, but he did know that she was an exceptionally talented, passionate and caring young police officer who loved her job and the opportunity to help people—she was really good at that. He told me that he would provide full support for the posthumous award of a George medal.

As I prepared for this debate, I have personally spoken to 59 past and present members of the Metropolitan police about Yvonne Fletcher. Only one or two of those officers needed to be reminded who she was, and that is because they were not even born when this incident happened, but to a man and to a woman they were utterly supportive that such recognition should be given to their incredibly gallant late colleague. I entirely agree with them. Thank you, Madam Deputy Speaker—over to my friend the Minister.

Grooming Gangs

Jim Shannon Excerpts

Wednesday 3rd February 2021 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I spoke on this topic in the House in October 2019, when I highlighted the report by Barnardo’s, which I want to speak about again. Its survey showed that one third of children who are sexually exploited are looked after. The 498 children helped in one day by the charity’s specialist sexual exploitation service also revealed marked geographical variations, while 29% of them were looked after, 16% had a disability, and 5% had a statement of special educational needs.

The report is shocking and hard to read and follow. It referred to some 10,500 crimes that were flagged by police as child sexual exploitation-related, with victims mostly commonly being female and aged 14 to 17. The main risk factors were being in care, going missing, having a learning disability, drug and alcohol dependency, mental health issues and experience of previous abuse. The report also suggested that group-based CSE offenders appeared to be predominantly but not exclusively male and generally older than those operating in gangs.

My desire is to work with the Government on this issue and to support them in what they bring forward—it is important that I put that on record—as we see how we can ensure that the statistics are not repeated two years down the line. The stats are very worrying and quite distressing. That work starts not just with the funding designated for non-governmental organisations such as Barnardo’s, which do tremendous work in this realm, but adequate funding for police forces. That will enable police forces to work hand in hand with schools, building up relationships and becoming familiar faces. It will mean not having one social worker with upwards of 50 families to deal with. Social workers are under pressure —indeed, the system is under pressure. The difference is that we are talking about little lives and their futures.

The stats for 2001-02 on the mental health of looked-after young people in Great Britain aged five to 17 were really worrying. Some 45% of looked-after children aged five to 17 had a mental health disorder, as defined by the statistical classification of diseases, compared with 10% of the general population. I want to support the Government as they seek to do better. I just need to know what the plan is, how it is to be funded and when the change will begin—for every child in care, it cannot be soon enough.

I put on record my thanks to every foster parent and every adoptive parent who seeks to sow love in the lives of looked-after children. I also thank every church volunteer, youth-club worker, teacher and classroom assistant—every person who works with young people to instil in them the fact that they are loved, important and of value. We need to do better with our children, to protect them, to protect their self-worth and to ensure that every child knows they have someone to go to for help if they have concerns. A key issue is where they can go to, who looks out for them and who ensures that they are protected. I want to encourage us all—let us do more and sow more into children’s lives. That truly will be the measure of the success of our nation and the way we take things forward.

Deportation of Foreign National Offenders

Jim Shannon Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Mr Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

I would like to start by briefly placing on record my deep admiration for Captain Sir Tom Moore, after the sad news of his passing today. Like so many of his generation, he was an ordinary man who had extraordinary qualities, and our whole country is the worse for his being no longer with us. He was a remarkable figure; may he rest in peace.

Tonight I had hoped to raise a particular case concerning a constituent, but following the advice I received about the sub judice rules, I will allude to the issue in question in broad terms. I want to discuss the challenges concerning the deportation of foreign national offenders. As we know, under the terms of the UK Borders Act 2007, if someone is sentenced to 12 months or more, they are liable for automatic deportation. If they are sentenced to a term of imprisonment of four years or more, there is a very strong public interest in that deportation going ahead, other than in the most extraordinary circumstances. Clearly that is not happening in a number of cases. I can think of one instance that is very close to my own heart in which this has not been the case.

This leads to wider questions that concern the provisions of the Human Rights Act, and whether it is striking the right balance between the interests of the general public and the rights of defendants. Clearly this issue is going to become increasingly topical, because Home Office statistics show that in 2018—a typical recent year—455 appeals against deportation by foreign national offenders were successful. That was 25% of all such appeals lodged by those convicted criminals. Of the successful appeals, 172 relied on human rights grounds. Each and every week in 2018, therefore, three serious foreign national offenders were sidestepping the UK Borders Act 2007 based on human rights claims. I am afraid it stretches credulity to believe that all these claims were well founded. There must be a concern that instead, immigration lawyers are advising their clients precisely what the right buzzwords are to initiate a successful appeal against being removed from the United Kingdom. There is a pervasive sense that our own high legal standards are being deployed against us to the detriment of the public.

The provisions of the European convention on human rights should be there to protect the innocent against grave and exceptional threats.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on introducing the debate, and he has raised an important issue. Does he agree that for far too long the system has been used and abused, but with the end of our membership of Europe must also come the end to the abuse of the decent people of this country? Further, will he join me in asking the Minister to make it clear that the United Kingdom of Great Britain and Northern Ireland is a zero-tolerance nation for foreign criminals?

[Mr Clarke]

I will indeed join the hon. Gentleman in saying just that to the Minister. I know that the hon. Gentleman cares deeply about this issue; he is an assiduous attender at these debates, indeed the most assiduous attender in the whole House. It is fantastic to have his support in making these points this evening.

As I was saying, the European convention on human rights should be a bulwark against tyranny. It was designed against the backdrop of the crimes of Nazi Germany against millions of people across our continent. Genocide, torture, rape, mass displacement and theft were their hallmark, and our continent rightly came together to create a legal framework to outlaw them for all time. However, over the decades since, and with increasing voracity, rights creep in both the Strasbourg court and our domestic courts has distorted those noble goals beyond all recognition.

To quote the former Law Lord, Lord Hoffmann:

“The devil is in the detail: in the interpretation by the courts of the high-minded generalities of the written instrument. It is these interpretations, which often appear to people to bear little relation to the values that they think really important in the way our country is governed…Since the Convention rights were incorporated into UK law by the Human Rights Act 1998, the UK courts have followed in the wake of Strasbourg, loyally giving effect to its rulings and the principles (where discernible) laid down in its jurisprudence.”

The result is that the UK courts

“have reached decisions, sometimes with regret and sometimes with enthusiasm, which would have astonished those who agreed to our accession to the Convention in 1950.”

That is very relevant to article 3, which lies at the heart of many of these cases.

Article 3 has been progressively expanded by the Strasbourg court to encompass people’s living standards should they be returned. The 2011 case of M.S.S. v. Belgium and Greece was a turning point, with an Afghan asylum seeker able successfully to overturn being returned from Belgium to Greece, through which he had transited, on the basis of the poor living conditions he would face should he be returned there. To say that Greece is an unacceptable place to which to be returned goes so far beyond what the convention authors would have imagined as inhuman or degrading treatment or punishment as to be almost unbelievable, but it has established a principle and opened the doors still wider for those seeking to overturn deportation orders across the continent, including in this country.

The upshot of such decisions is that we have a human rights settlement that often seems to protect perpetrators far more effectively than victims and that repeatedly allows serious offenders to cite their rights to escape the consequences of their actions. I do not blame my hon. Friend the Minister for the impasse in a number of such cases, as he is exceptionally helpful and courteous and I know he and his colleagues always operate within the law as it stands. However, this whole issue leaves a bitter taste.

We know in many ways that it is only the tip of the iceberg. Last December, the Henry Jackson Society published an excellent report by Dr Rakib Ehsan looking at the issue from the perspective of foreign national terrorist offenders. It identified 45 convicted Islamist terrorists whom we have been unable to deport on human rights grounds since 1998, largely driven by article 3 and article 8, the latter being the right to a family life. Our inability to deport in the way we would like leaves us unable to rid ourselves of people who are a genuine threat to our society, and I have a number of questions for my hon. Friend the Minister that I hope he can address in his reply.

The first question is whether the Minister has considered extending the principle of deportation with assurances to all cases involving foreign national offenders, as opposed to simply those concerning individuals suspected of terrorism. It seems to me that this is a concept well worth exploring. If we can secure appropriate guarantees from other Governments that they will not mistreat criminals we deport back to them, that ought to suffice.

Secondly, as part of the fair borders legislation being delivered by my right hon. Friend the Home Secretary, which I warmly welcome, will the Government act to tighten relevant legal definitions, such as “inhuman” and “degrading”, to strengthen the Home Office’s defence against judicial activism? As I have set out, the steady extension through case law of what those definitions can encompass is clearly interfering with the deportation of foreign national offenders, particularly on the grounds of article 3 of the ECHR, which is of great relevance to a number of cases.

Thirdly, what wider work is ongoing within Government to assess how we can reform our human rights settlement, so as to ensure that we have effective deportation options at our disposal, and that our citizens are protected properly from those who ought to be removed under the provisions of the UK Borders Act? I believe we need a root-and-branch reconsideration of those issues. The case for a dedicated British Bill of Rights feels ever stronger, as it would allow us to incorporate core convention rights into our domestic law, define them sensibly in a way that mitigates the accumulated legacy of Strasbourg’s judicial activism, and make the whole settlement accountable to our Parliament and our courts.

As things stand, I do not believe that justice is served in a large number of cases. None of us can be confident that some of the perpetrators will not go on to cause further havoc and harm, and this issue requires our prompt attention. We may have settled a number of issues concerning our relationship with Europe through our recent decision to exit the European Union, but none of that bears on our ongoing challenges regarding our interaction with the European Court of Human Rights and the European convention on human rights. Its goals are noble, but its interpretation in a number of cases is flawed. It is time for action in the course of this Parliament.

UK Border: Covid Protections

Jim Shannon Excerpts

Tuesday 26th January 2021 Commons Chamber

[Priti Patel]

I thank my right hon. Friend for his important question. First, all announcements were made both in the conventional way and to the House, as Mr Speaker would expect. Secondly, as my right hon. Friend will understand, measures are always under review. Decisions will be taken through the consultative process within Government based on evidence, based on discussions and based on a number of facts. The virus, of course, is changing, although it is still with us. The vaccine roll-out is a new element, a new consideration, in terms of the nature of the measures that are being taken. It is fair to say that there has been a layered approach with these measures. As we have seen, there has been escalation and de-escalation. Right now, we have escalated the measures through the banning of the travel corridors, so these measures will be under review. Naturally, as the roll-out progresses, new strains may or may not materialise internationally. We will obviously have to take everything into consideration when it comes to permanency or the timetabling of the application of certain measures.

[Jim Shannon (Strangford) (DUP) [V]]

I thank the Secretary of State for her answers today to the urgent question. She will be aware of the substantial concerns that exist around the Northern Ireland border with the Republic of Ireland as pertains to covid travel. Further to the announcement from the Republic of Ireland, can the Secretary of State confirm what, if any, contact has been made to ascertain the current situation and to share information regarding passengers’ travel to the Republic of Ireland and, potentially, to Northern Ireland, which should not have been withheld at any stage? Furthermore, what steps will be taken to save lives by being sensible about our shared border?

[Priti Patel]

The hon. Gentleman makes a really important point. First of all, the advice is not to travel. It is to stay at home for the very reason that he has given: we are in a pandemic and we need to protect public health. He has highlighted some of the things that are taking place right now. Secondly, it is important for me to emphasise that this is a joint effort. Collaboration takes place in relation to the common travel area, the sharing of information and the sharing of data around passengers and flows. That has always been the case, and that will continue. None the less, I still emphasise that there is no need for individuals to travel. When it comes to the CTA and to the areas to which the hon. Gentleman is referring, we are also thinking predominantly about the movement of goods and hauliers, and, of course, there are checks in place for those particular examples.

Police National Computer

Jim Shannon Excerpts

Monday 18th January 2021 Commons Chamber

[Mr Speaker]

Let us head over to Northern Ireland with Jim Shannon—a virtual Jim Shannon!

[Jim Shannon (Strangford) (DUP) [V]]

My goodness, Mr Speaker; thank you very much, whether virtually or in person, but virtually today.

I thank the Minister for his most comprehensive statement. My concern lies in the fact that there are cases that are sensitively linked to Northern Ireland. I would appreciate an understanding that contact has been made with the Police Service of Northern Ireland and the Department of Justice in Northern Ireland to go over how the data breach may have affected Northern Ireland citizens and residents and, further, whether it is felt that victims of crimes in particular may be affected and what steps are to be taken if they are affected.

[Kit Malthouse]

As I say, the whole of UK policing has been involved, through the National Police Chiefs Council, in the effort both to comprehend the scale of the problem and then to put in place mitigation. The hon. Gentleman is quite right; as usual, victims of crime are uppermost in his mind, as they are, hopefully, in all of ours. I will be able to tell him later in the week, hopefully, what the precise impact might or might not have been and what the mitigations that we put in place will do to ensure that victims are not impacted while we recover this data and get ourselves back on an even keel.