European Convention on Human Rights

Jim Shannon Excerpts

Tuesday 19th June 2012 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I congratulate the Home Secretary and Immigration Minister on bringing this matter before the House. I fully understand the reason for the debate, but I hope that the clarification given in the letter that hon. Members have seen will ensure that there is no Division.

Everyone has a right to respect for his private and family life, home and correspondence, as many other hon. Members have said. This has been used by many people, however, to claim that anyone has a right to live and settle, with their family, where they choose and so can come to the UK, with or without a visa, to have a private family life. It must never be forgotten, however, that the right is a qualified not an absolute right, and that qualifications are essential in respect of immigration. We must therefore retain the right of the Home Secretary to control immigration through the rules already implemented and what is proposed today.

The Home Secretary’s clarification of the rules for the courts has assured me and, I hope, the House. The Human Rights Act was a good thing in principle, but once lawyers became involved, it changed, as is so often the case. I am reminded of that great and famous Shakespearean quote, “First kill all the lawyers.” That is a bit drastic, I know—I am not saying we should do it—but it is how many people feel when they hear some European judgments. The status of our judiciary has been perpetually challenged by the European Court in cases presided over by people with questionable experience making questionable rulings. As is often the case with Europe, we sign up to something in theory that turns out to be completely different in practice. That is our frustration with Europe and many of its rulings.

The ruling on the Abu Qatada case revealed that seven of the 11 top judges at the European Court of Human Rights had little or no judicial experience; one was 33 when appointed and had no senior judging experience. British judges go through years of training in the law before their application will ever be considered. To have such under-qualified people overruling our own judges is a slight, but worse still, it is dangerous and leaves us with our hands tied on too many occasions. That is the reason for this debate, I believe.

In the past, and even this very day, article 8 issues are being raised in asylum applications or as a basis for standalone applications for leave to remain in the UK. They have also been raised in appeals against deportation or removal. This was not the reason the article was created; it was not meant to be a free pass into the UK and the benefits of living in such a great nation. According to the Courts Service, in 2010, 233 people won their appeal against deportation, and of those 102 were successful on article 8 grounds. According to figures from the independent chief inspector of UKBA, however, in 2010, 425 foreign national prisoners won their appeals against deportation, and these were won primarily on article 8 grounds.

Whichever figures are right, the matter must be addressed, which is what I think the Home Secretary is trying to do through the motion. While our immigration rules should always take note of human rights issues, they must be based on the needs of the country, which must have the right to caretake those very rights. Article 8 is increasingly difficult to impose legally; it is time to get this right, which is what the motion does.

I have received correspondence from groups stating that the removal of paragraph 395C of the immigration rules is tantamount to sacrilege. That paragraph stated that no one could be removed from the UK if it would contravene the UK’s obligations under the Geneva convention on refugees or the European convention on human rights. It set out a range of factors that UKBA had to consider before deciding to remove a person from the UK and reflected the considerations necessary for assessing compatibility with article 8. Those considerations included the person’s length of residence in the UK, the strength of their connections with the UK, their personal history, their character and conduct, their domestic circumstances and, importantly, any previous criminal record.

Other briefings, however, point out that deleting the paragraph has not altered the UK’s obligations under the convention. We are still bound by the rules, but that does not mean that we cannot implement our own rules. In my view, we have not yet given our sovereignty to Europe. The Home Secretary has confirmed that there will be safeguards for those who have been subjected to torture in their homeland—an assurance that many Members have sought and received. I agree with the Home Secretary in asserting her right, and the right of every UK citizen, to have control over immigration in this country.

I am not by nature someone who scaremongers. If I were, I would be reciting the figures, which are screaming out for an immigration policy change. What I will say is that if we deny ourselves the right to allow or disallow people into the country, will there even be a United Kingdom in the future, or will we be like other countries that have put their trust in the European Union only to find themselves on the brink of demise?

[Ben Gummer (Ipswich) (Con)]

Several times in his speech the hon. Gentleman has referred interchangeably to the European Union and Europe when discussing the European convention on human rights. It is very important that we make the distinction in this House and in public, because the public are making the same association between the European Union and the European Court, and it is very damaging when trying to understand both institutions and separate them in the public mind.

[Jim Shannon]

I thank the hon. Gentleman for his intervention. Clearly we want to focus on where the responsibility for this issue lies.

I want to make a quick comment about what the hon. Member for Perth and North Perthshire (Pete Wishart) said. We agree on many things. I am a descendant from an Ulster Scot from the lowlands of Scotland, so I have an affinity with the Scottish nation. It is very obvious which papers he does not read in his house, but it is also obvious what his concerns are, and they are rightful concerns. I disagree with him on independence for Scotland, and I also disagree with him on the issue we are discussing, but I am sure that there are many other issues on which we will agree in future.

We have the right to make immigration control rules. As a nation, it is not in our nature to abuse human rights—that is not what this debate is about—and we will certainly not start doing that with these rules, especially when there is an underlying onus to consider the human rights implications in every decision our judiciary makes. I therefore support these rules and the guidance, as well as the clarification that the Home Secretary and the Minister for Immigration have provided. I believe they are necessary and important, and the people I represent want to see them in place.

Equality and Human Rights Commission

Jim Shannon Excerpts

Tuesday 24th April 2012 Westminster Hall

[Sandra Osborne]

Yes; that is typical of how staff have been treated in the agency.

The chances of a smooth transition to the referral line and retention of expertise, as the Government claim, are therefore negligible. Given the one third of operators who are disabled, one fifth from BME communities and one fifth who are carers, what equality impact assessment has been made of the changes to the helpline provision? Why the delay with the announcement of the new helpline provider? The announcement was supposed to be made in mid-February, but it is now rumoured to have been pushed back to the middle of May.

The closure of regional offices will exacerbate the problems of advice deserts, where no other advisory services exist, and the commission will lose its vital link to the public and vital access to crucial evidence of emerging issues. Instead of remaining regionally focused, teams have been reassigned to undertake national support work. The loss of those offices and the intelligence-gathering work that they do at grass-roots level, which my hon. Friend mentioned, will have a significant impact on the understanding of equality and human rights across Great Britain.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on bringing this matter to the House. Does she agree that in these days of cuts, which we are now shaping up to, there is a danger that we are preventing some people from taking advantage of legal guidance and legal aid? As I suspect that she is aware, we should consider one section of the community in particular: ladies should get legal aid and advice at the time of their life when they need it most.

[Sandra Osborne]

I could not agree more, and I hope to mention that later.

What research has been done to ascertain the impact of the closure of regional offices on the problem of advice deserts and gathering evidence on emerging local issues?

Legal grants—projects providing specialist legal advice and representation in equality and human rights—ended on 31 March, and strategic grants providing guidance, advice and advocacy services, infrastructure development, capacity building and good relations will end in March 2013. Many disability and race groups have benefited from the EHRC grants programme, as they did before the EHRC’s creation. A grant received by a local equality body from the EHRC could, and often did, lead to additional sources of revenue from other funders, such as the lottery, charities and local authorities.

The warnings by experts such as Race on the Agenda in 2007 that the local BME infrastructure would suffer significant funding reductions have been realised, not because of the EHRC’s creation, but because of Government cuts to the EHRC grants programme. The Government have argued that the grants function, among other services, should close because they claim grants have little impact and the service function has not been well managed. Although there is an ongoing complaint about the Government’s statement in this regard, it is perhaps most telling to note that the experts and stakeholders also challenge the Government’s assertion. A survey of providers by the Discrimination Law Association indicated that, without EHRC grants, advice organisations such as citizens advice bureaux and law centres would not be able to sustain their services and that some might have to close down completely. My question to the Minister is, from whom have the Government and/or EHRC received protestations about the withdrawal of the grants programme?

The EHRC’s mediation services have ended. Contrary to the Government’s claims that legal aid will take up the shortfall, once the legal aid reforms are implemented, the only legal aid available for discrimination cases will be for goods, facilities and services cases, which are in the minority and are complex and involve large sums. Employment cases will not be eligible for any legal aid support.

I want to turn now to the loss of independence and United Nations “A” status. In 2009, the commission became one of just 70 United Nations “A” status accredited national human rights institutions. The EHRC is Britain’s first accredited NHRI. The “A” status confers special rights and entitlements to work with the UN Human Rights Council. To determine this status, the UN reviewed the work and structure of the commission at the time and found it to be compliant with the Paris principles. Key Paris principles are that the NHRI must be independent of government and not be subject to financial control that might affect its independence. The commission must also have adequate funding to conduct its activities. The loss of independence, lack of financial control and lack of funding due to 62% cuts mean that this status is in jeopardy.

The commission recently published its framework agreement with the Home Office, which includes details of spending controls and an obligation on the commission to provide a business case for approval to the Home Office’s director of communications for all projects with an element of spend on advertising and marketing. If the project is spending more than £100,000, the business case, once approved by the HO director of communication, should go to the Home Secretary and Minister for Women and Equalities. Once HO Ministers have approved it, the EHRC must complete the Cabinet Office’s exemption template and submit the case for approval to the Cabinet Office Efficiency and Reform Group and the Minister for the Cabinet Office.

The agreement also states that the Home Office should receive near final versions of external EHRC communications 48 hours before issue. I do not know whether that is independence. Many MPs will be surprised that the framework agreement dictates how the commission interacts with Parliament and yet states categorically that the commission must be politically neutral and abide by the Cabinet Office’s rules on lobbying for non-departmental public bodies.

The commission is also instructed to issue guidance to staff, outlining when and how briefings for Parliament are developed, the style of briefings and how briefings should be internally cleared. Does the Minister believe that the framework agreement complies with the Paris principles, particularly relating to independence? Has he assessed the impact of the proposed budget cut to £26 million by the end of this year on the commission’s independence?

The current restructuring at the EHRC repeats many of the mistakes identified in the Public Accounts Committee report of 2010. The report highlighted the problem of staff with valuable skills leaving through an early exit scheme and went on to recommend that the Treasury and the Cabinet Office should ensure that they provide clear guidelines on the need to consider the retention of key skills when devising early exit schemes.

According to an answer to a parliamentary question, the EHRC spent £500,000 a month at one stage on consultancy fees and expenses for interim staff who are leading the work on reforming the commission. That is neither an acceptable use of public money, nor is it in the interests of the taxpayer. These major changes are occurring as questions about the commission’s new chair go unanswered. What assurances can the Minister give that the commission will not lose more skilled and experienced staff through more early exit schemes and that it will not replace staff already lost with costly consultants in the future? Can he say whether the Treasury and the Cabinet Office have produced the guidelines recommended by the PAC to ensure the retention of skilled staff, and has the commission followed that guidance? When will its next chair be announced?

Key stakeholders who responded to the Government consultation on the future of the EHRC, which was called “Building a fairer Britain: Reform of the Equality and Human Rights Commission”, made clear the need to maintain the EHRC’s funding and remit. However, the Government have so far refused to publish the results of the consultation in detail, despite freedom of information requests, parliamentary questions and an official letter to the Home Secretary from the general secretary of the TUC. So I have another question for the Minister. I am asking lots of questions, but that is because there are lots of questions to be answered. Will he publish the responses to the Government consultation on the future of the EHRC and, given the Home Office’s report on its own website that the majority of respondents opposed the changes to the EHRC, will the Minister halt further cuts?

There are many reasons for the EHRC to be proud of its achievements in its first two years. In fact, those achievements are too numerous to mention all of them in the time that I have available today. To mention just a couple of them, the EHRC has ensured protection against discrimination in employment for 6 million carers and exposed exploitation of migrant workers in the meat-processing sector.

There are still many equality challenges facing Britain today that require the presence of an effective EHRC. The annual reports of the Tribunals Service show a substantial increase in the number of claims lodged in employment tribunals since 2008-09. In addition, there are planned cuts to legal aid worth £350 million, and there will be a £1.166 billion reduction in grants to local government. At the same time, confidence in the voluntary sector is at an all-time low, and a voluntary sector in crisis cannot fill the vacuum left by funding cuts to local government grants, legal aid and the EHRC. A Government who take equality seriously would be committed to a future-proofed EHRC.

However, I acknowledge—as do many of the EHRC’s natural allies—that it has not all been plain sailing for the EHRC. Its first three sets of accounts were qualified by the National Audit Office, and obvious tensions between staff, senior management and the commissioners have no doubt had an impact on the EHRC’s ability to achieve its goals. The Government have sought to attack and undermine the work of the EHRC, particularly because of financial management issues. However, responsibility for those issues does not lie with those who work on the helpline, the grants team and the mediation service, or in regional offices. Any such issues should be sorted out, but they should not be used as an excuse to cut essential services to those who are in need and to those who are suffering discrimination.

As I have already said, despite concerns about the EHRC’s performance, non-governmental organisations, unions and others still want to see an effective, robust and independent EHRC, and I agree with them as the chair of the all-party group on equalities. Those bodies want a future in which an outward-looking, integrated and well-resourced commission that is in touch with the grass-roots concerns and needs of ordinary people provides much-needed enforcement powers, advice and support to the people of Britain, as they face the dire economic challenges brought about by this Government’s policies.

Khat

Jim Shannon Excerpts

Wednesday 11th January 2012 Commons Chamber

[Mark Lancaster (Milton Keynes North) (Con)]

I am delighted to have secured this debate, and I would like to start by paying tribute to the attempts by successive Governments to deal head on with specific issues encountered by minority communities—as we heard only today with the Prime Minister’s commitment to address forced marriage. I must admit, however, to being slightly disappointed that, as a Member of a party that raised the expectations of my constituents by pledging to ban the drug khat while in opposition—a commitment made by no fewer than three members of the shadow Cabinet on three separate occasions—I stand here yet again calling on the Government finally to fulfil their very clear commitment. This is not a partisan issue. Indeed, as I sense we shall see tonight, it unites the House, and it is time that the Government acted.

I have three main points to make but I shall give first a little background, which I hope will mean that the Minister in his response will not need to dwell on the past, but can focus on the future actions his Department intends to take. The distinctive customs and traits of other cultures constitute the vibrant country that we live in today. East African culture has had a particularly far-reaching effect on our society. The religious dedication and hard-working ethos that colour the characters of east Africans have been something to admire over recent years, with independent businesses and community leaders flourishing across towns and cities in the UK. However, with the highs come the lows. One element of east African culture which has long been disputed is the legality of the native east African drug khat. Given the frequency with which khat has been discussed over the past year, I know that most hon. Members are now familiar with the drug, but for the benefit of those who are not, I shall explain in more detail.

Khat plants are grown in Africa and the middle east, and are chewed primarily among Somali, Ethiopian and Yemeni communities. The effects of khat are varied but as a stimulant it creates euphoria and increased sociability—hence its popularity at social gatherings such as weddings. However, the paranoia, aggression and hallucinogenic effects make it extremely disruptive not just to the individual and their health, but to their family and wider society.

Khat is a barrier to inclusion and integration, and it was my sincere impression—and more importantly that of my constituents—that this Government intended to act. This is the second time I have raised the subject of khat in this Chamber and I was deeply encouraged when the Lord Commissioner of Her Majesty’s Treasury, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright). confirmed in response to the first debate that in February last year the Advisory Council on the Misuse of Drugs was ordered to carry out a full review of the available evidence on khat, and to reconsider the question of controlling it. One year on, and with no report to speak of and none expected anytime soon—indeed, this week the Department confirmed that it will be at least another year—the same amount of limited research is available to us.

From the first mention of khat in Parliament 16 years ago to this very day, Members on both sides of the House have shared their evidence. From Portsmouth to Glasgow, councils and local authorities are standing in isolation, but what we need is a joined-up, united front. My debate today has been sparked by the frustration of my constituents that after 19 months of the coalition Government we appear to be no further forward.

In seeking to progress the matter, I wish to highlight three distinct points. First, I wish to remind my hon. Friend the Minister, for whom I have enormous respect, of the detrimental impact that khat has on issues ranging from health to crime. This will demonstrate how simply kicking this issue into the long grass with further “monitoring” is simply unacceptable. Secondly, I want to revisit the pledge that we made in opposition to act on khat, and to ask why we now seem to be shying away from this pledge. Lastly, I will suggest that tackling khat fits in with this Government’s recent accomplishments in determinedly facing up to the problems that divide our minority communities.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman has outlined some of the side effects of the drug, which also include insomnia and depression. Does he feel that those two health effects are sufficient reason to ask that the legislation be changed urgently? Does he agree that it is important that any legislative change should affect all the regions, in conjunction with the devolved Administrations, so that it applies UK-wide?

[Mark Lancaster]

The hon. Gentleman makes an important point; indeed, I will come to the health effects in greater detail shortly. However, let me be absolutely clear that I am pressing for this Government to act in the manner that he suggests.

In my constituency, there are more than 6,000 Somali residents. One of the leaders of the Milton Keynes Somali community, Adan Kahin, has shared many alarming stories with me. His biggest concern is that khat is at the root of family breakdown, owing to issues such as unemployment, economic hardship or aggression arising from heavy usage. Adan has expressed explicit concern about the number of teenage boys whose fathers are absent from the home, instead spending all day chewing in a mafrishi, or khat house. If the Government are truly concerned about the antisocial behaviour witnessed last summer, it is vital that we shine a light into those corners of society. Adan has warned of usage spreading to female members of the community—women who are left alone all day with large numbers of children and little escape. What links all users, however, is the common belief that turning to khat will alleviate the destitution and stress that permeate their lives. I am even aware of instances in well-regarded British institutions where khat has been chewed inappropriately during working hours. There have also been complaints about disturbances caused by delivery of the plant and violence outside mafrishis, with one incident even leading to the death of a seller in my constituency.

Our hands-off policy means that there is absolutely zero quality control. One box of khat checked by port health at Heathrow contained such high levels of pesticides that it was unfit for human use, and that is just one box out of the 10 tonnes arriving each week. Because of the lack of information held on hospital admissions, we are still uncertain about the overall long-term health effects. Problems range from the need for substantial dental treatment, owing to the quantity of sugar and cigarettes consumed, to more serious conditions, such as liver failure and psychosis. It is clear that health practitioners are clueless about how to advise users. Those wishing for a fresh start are stranded, with little or no support—no addiction services or pharmacological agents who can treat khat dependence. Essentially, there are few ways out.

The last review of khat surmised that usage is not prevalent. That may be true for the mainstream population, but not for the demographic concerned. It has been put to me that the Government are not interested because this is perceived as a minority issue. I know that this is not the case, but it is in the Minister’s hands to demonstrate to my community that he does care, as actions, as we all know, speak louder than words.

[Mark Lancaster]

My hon. Friend makes a powerful point, which simply underlines what I said earlier. I know that the Minister is committed to equality, which is why I am sure he will address the issue when he responds to this debate. Khat does easily not fit a pre-existing drugs profile, given that its use is limited to certain ethnic communities. That is precisely why we must give it special attention.

Let me move on to my second point. The Government’s silence on this issue prompted me to re-read our manifesto, to make sense of the khat conundrum, but it holds no evidence of a U-turn, with other evidence actually pointing to the contrary. In a 2008 article in The Guardian, the co-chair of the Conservative party, the noble Baroness Warsi, claimed that khat was

“far from harmless and should be banned”.

Indeed, the title of that article was “Conservatives will ban khat”—not “Conservatives might ban khat”, not “Conservatives will consider banning khat”, not “Conservatives will seek advice from the ACMD and then ban khat”, but “Conservatives will ban khat”. In a 2006 report entitled “The Khat Nexus”, the then shadow Home Secretary, my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), claimed that a Tory Government would

“schedule khat as a class B drug.”

Those were watertight pledges, made regardless of an ACMD review. So if nothing else, can the Minister explain to my constituents why we now appear to have had a change of heart?

This Government have, however, made a beeline for new legal highs. It is right that we award legal highs that attention, but we cannot ignore the fact that khat, by its very nature, also fits the description of a legal high. I was shocked to learn that cathine and cathinone, two components of khat, are members of the same group of drugs as mephedrone. As components, cathinone and cathine are illegal, as is mephedrone, yet contradicting all common sense, khat, which contains those same substances, is legal. I would like to know how we can continue to promote the hypocritical message that cathinone is okay in one substance but not in another? Just because a drug is legal does not mean it is safe. Tackling new legal highs cannot be a flag-waving policy; we must not forget the question of khat, which has languished in this Chamber year after year. As we take action on those powerful synthetic drugs, khat users and their families watch from the sidelines as their plea goes unheard yet again.

Another reason for my keen interest in this topic is that it is a cross-party point of concern. Wherever large immigrant groups of Somalis settle, the problem of khat is never far behind. This is an issue that the whole House can support, and we should therefore be working towards an integrated solution. It does not help that councils and local authorities are standing alone on the issue. I commend Hillingdon council’s recent report, produced in 2011, which was forthright enough to make recommendations to the Government on matters ranging from classification to temporary bans.

Unlike the UK, some countries are acting. As of yesterday, even the Netherlands—a country renowned for its liberal drugs policy—has banned khat. The UK is now the only legal point of entry for khat into Europe, and that is an embarrassing position to find ourselves in. The Dutch Government have clearly stated that 10% of users, who are predominantly Somali, develop problems with khat. I want to ask the Minister what is preventing us from safeguarding our citizens in the same fashion. The most disturbing comparison comes from Somalia itself: even that war-torn country has made moves to control khat. Islamist courts there are working to put a stop to the khat scourge, and to promote a more stable and cohesive society. What we need is joined-up thinking, and top-down leadership to reassure councils and communities that they are not alone. This is an ideal opportunity for the Government to prove to our communities that we recognise—and, indeed, will tackle—the problems on their doorstep.

That leads me nicely on to my third and final point, which is the commendable way in which this Government have faced up to issues that traditionally effect ethnic minority communities. We have not shied away from those problems, which are so often left to rot at the core of our society. We have rightly begun to take steps to address forced marriage in this country—an issue that has shocked the nation and that works directly against the values and self-worth that we teach our young women, of every background, in British schools. The work that we are promoting on the subject of domestic violence will have a direct effect on majority and minority ethnic communities.

That is not all. I was encouraged to read in the Conservative manifesto that we would be promoting improved community relations for minority ethnic communities, which action on khat will help to deliver. In my own constituency, good work is being done to address those marginalised, sometimes controversial, issues; acting on khat will not be out of step with the current momentum. We can prove to those who doubt our intentions that when we make promises, we stick to them, which is why I am sure the Minister will agree that it is important, given our previous promises, that we are seen to act on khat.

Finally, I want to bring the debate right up to date. We are standing here today, almost one year on from the report being ordered, with no new evidence from the Advisory Council on Misuse of Drugs. Since its appearance on the British crime survey of drug misuse, the usage of khat has increased. We are unaware of the percentage of khat imports that are being used to extract cathinone and cathine, and in turn, being illegally re-exported. Also, we have only anecdotal evidence that usage is spreading to the indigenous population. Why have we not commissioned a report to explore that threat?

Today, I want to know why my Government’s previous enthusiasm for acting on khat has waned so suddenly. May I ask the Minister to consider how I should respond when my constituents ask again what the Government are doing to protect future generations from the dangers of khat? And—if I may have the audacity to predict his response—may I ask whether he realises that, in order to get the evidence that his Department repeatedly demands, procedures have to be put in place first, in order to reap that information? Banning khat is unfailingly the end-state that I and the community want from this Government, as previously promised, but I wish to outline other possible interim measures.

[Jim Shannon]

The drug khat is controlled in America, Canada, Norway and Sweden, to mention but four examples. Does the hon. Gentleman feel that the Government could make contact with those countries to ascertain how they went about criminalising the drug? Might this not provide a way forward on the basis of information that might be helpful for the Government?

[Mark Lancaster]

I thank the hon. Gentleman for that suggestion, which underlines the ridiculous point that, following the Dutch move only this week, khat is controlled everywhere in the western world apart from in the United Kingdom.

These are the interim suggestions I would make to the Minister—hopefully to be implemented before we get around to banning khat. Better provisions must be made for addict support. The most effective way of delivering this would be to provide targeted training to those already working within areas affected by khat, to deal with it in a culturally acceptable way. Community mobilisers who already assist with housing, health and education are incredibly well placed to co-ordinate this. Evidence suggests that heavy users are unlikely to seek help, which means that we must do more to reach them.

Secondly, a full health practitioners’ guide to khat and its health effects should be prepared and delivered to GPs and pharmacists nationwide. Thirdly, greater attention must be given to the importation of khat at ports. Finally, the disruption caused by khat houses and mafrishi congregations can be controlled through licensing. A minimum age should be introduced to protect young British citizens from the harm caused by the drug. Checks must be carried out on premises to ensure that they comply with health and safety standards.

After years of talk on khat, if my Government wish to retain the trust of the east African community, the time has come to follow the rest of the western world and act on khat.

Animal Experimentation

Jim Shannon Excerpts

Wednesday 7th December 2011 Commons Chamber

[Mr David Amess (Southend West) (Con)]

Throughout my time in Parliament I have consistently campaigned on animal welfare issues. I do not believe that I have been unreasonable, extreme or silly about those issues, but I have endeavoured to ensure that animals’ interests have been represented in this Chamber. By virtue of a ten-minute rule Bill, together with Lord Houghton of Sowerby and the then Minister, Douglas Hogg, I was fortunate to secure on the statue book the Protection against Cruel Tethering Act 1988. There are many other animal welfare measures regarding pet shops, exotic and endangered species, puppy farming and the like which I have tried to encourage through legislation. In 1986 I served on the Committee that considered the Animals (Scientific Procedures) Bill.

In 1876 Parliament passed the first legislation in any country in the world to control live experiments that might cause pain. The Cruelty to Animals Act 1876 was a response to some horrifying reports about the practice of surgical procedures on live animals without anaesthesia. That Act stood the test of time well, but the 1986 legislation brought it up to date. I well remember the then Minister, David Mellor, doing battle with the former Member of Parliament Harry Cohen. It was a very interesting exchange of views, but I am glad that the measure that ultimately reached the statute book was well appreciated.

The European Union has adopted a new directive on animal testing—Directive 2010/63. I point out to the Minister that the Home Office will be amending the Animals (Scientific Procedures) Act 1986 to comply with the directive. A number of colleagues have already contacted me to say that they are very concerned about this matter. It is true that there will be a public consultation, and I understand that the Home Office is currently analysing responses and putting together a draft proposal that will be sent to Parliament next year. However, my colleagues and I are very concerned about the European directive, simply because we in this country pride ourselves on the way in which we treat animals, and we need to be convinced that all countries in the European Union have the same high standards as we do.

Our country is allegedly a nation of animal lovers. Sadly, words and actions do not always match up. I consider the measure of a civilisation to be how animals are treated. I pay tribute to the many organisations and groups that battle to stop cruelty to animals, helping to generate support and awareness about various issues. As regards the particular matter that I wish to raise with the Minister, I am indebted to Kathy Archibald and Louise Owen, who, among others, have briefed me so well. Indeed, they are probably on the line now, hoping that I can make changes to the speech and get in yet another piece of lobbying.

Writing in Nature Reviews Drug Discovery, David Horrobin answered the question:

“Does the use of animal models of disease take us any closer to understanding human disease?”

His response echoes the concerns that I wish to raise in the House tonight:

“With rare exceptions, the answer to this is likely to be negative.”

The process before clinical drugs come to be tested on a human being should be well understood, but I am not sure that it is. Anyone who hopes to get a new drug on to the market must first put it through a series of tests on various animals. It is that reliance on animals as a final safety screen before products go to clinical trials that concerns me, for that “safety screen” is no such thing. Animal models are not a reliable indicator of how a human being will react to a drug.

My hon. Friend the Member for Stourbridge (Margot James), who has just taken her place, will be glad to hear that I have already raised the European directive that she is concerned about, and that the Minister nodded. I am therefore optimistic that Home Office officials will be working on the advice right now.

The safety of medicines is an issue of increasing concern. Every year, 1 million Britons are hospitalised by prescription medicines. That costs the NHS up to £2 billion a year. The Safety of Medicines Bill, which I introduced earlier this year, is intended to safeguard against this growing problem. I believe that the Bill has widespread support—but then I would say that. However, it has been misrepresented, although not intentionally I am sure, and it has certainly been misunderstood. Although my opposition to cruelty to animals is well documented, it is important to make it absolutely clear that the Bill does not call for animal tests to be replaced per se. It is about determining the best means to ensure the safety of medicines and to protect patients against adverse drug reactions.

It could be argued that the use of animals is ethically and morally wrong. Many people would argue that strongly. However, in this debate the criticism of the use of animals focuses not on the suffering of the animal, which can be quite shocking, but on the fact that animal models are not accurate indicators of human responses. That in turn creates risks for volunteers, patients and sufferers during and after human clinical trials. I believe that there is ample evidence to support the argument that animal models do not function properly in their role.

[Jim Shannon (Strangford) (DUP)]

I do not often disagree with the hon. Gentleman or question him. However, there are many examples of medicines that have been perfected by their use on animals and have saved lives. How will he ensure that that continues to happen, given what he has been setting out? My concern is that there is some goodness in this practice. Let us not lose that.

[Mr Amess]

The hon. Gentleman and I do not disagree on many things, and it would be a shame if we fell out on this issue. I hope to prove by the end of my contribution that there would certainly not be the adverse impact that he fears.

--- Later in debate ---

[Mr Amess]

I apologise to my hon. Friend in case I was going too far on one side; my argument needs to be balanced.

Mutations that cause genetic disease in humans are the norm in some animals. Johnson et al found in 2001 that out of 39 anti-cancer drugs tested on xenograft mice, only one mimicked the response in humans. I say to the hon. Member for Strangford (Jim Shannon) that that cannot be much to rely on.

[Jim Shannon]

We need balance in the debate because we are getting one side of the argument but not the other, which is that drugs have been successful in saving lives. I am not taking away for one second from those who have died as a result of inappropriate drugs but, with respect, we need that balance, but we are not getting it.

[Mr Amess]

Frankly, one life lost is too many, but we could have a big argument—

[Jim Shannon]

One life saved is worth it.

[Mr Amess]

Yes, I agree with the hon. Gentleman that it is a question of balance, but I hope to prove that animal experimentation is completely unnecessary and that we can achieve the same results through different methods.

There is a variation of response within humans—African Americans are more susceptible to lung cancer than Caucasians—so how can we expect animals to be reliable models?

Using animals as human indicators is also expensive, for it can keep cures off the market, hence the large cost of modern drugs to consumers and the health service generally. In the words of Robert Weinberg, from the Massachusetts Institute of Technology, the use of pre-clinical tests results in

“hundreds of millions of dollars…being wasted every year by drug companies using these [animal] models”,

according to Leaf 2004.

Other areas of valuable research that might help in understanding the impact of drugs in human beings suffer as a result of animal testing. Despite animal models forming a very minor part of research, they receive a large proportion of funding. Society does not need new research methods; it simply needs to fund the ones that we already have. The important point is that it is possible to test these clinical drugs on humans, so that we can have a better indication of how they will react pre and post-clinical trials.

Society needs to make a fundamental change from animal-based research to human-based research. If it is humans whom we are trying to help, then scientists must study disease and drug reactions in humans. New technologies, outlined by the Safer Medicines Trust, are based on monitoring human responses to new drugs in a variety of ways. Those range from combinations of tissues in “body-on-a-chip” devices to safe volunteer studies such as micro-dosing, where tiny amounts of a new drug are administered to human volunteers. Scientists, in turn, evaluate what the drug does to the body and what the body does to the drug. Micro-dosing in particular has shown to be highly predictive of results in the clinic. Astoundingly, these tests are already commercially available from a number of UK companies, and offer a much safer and less risky alternative to using animals in clinical trials.

More than 150 colleagues have signed a motion calling on the Government—it is Christmas and this is not too much to ask—to initiate a small, cheap comparative study to demonstrate whether these new technologies are indeed superior. Sadly, the Government are resisting such a study and insist that human biology-based tests are not better able to predict adverse drug reactions than animal tests, despite scientific evidence to the contrary.

--- Later in debate ---

[Lynne Featherstone]

The hon. Gentleman has raised an interesting point, but my hon. Friend’s main point seemed to be that the human trials of Vioxx revealed an issue of which no one took any notice.

I think that my hon. Friend went a bit too far in suggesting—if I heard him aright—that animal models could not, or perhaps could only rarely, be used effectively to find treatments for human diseases. I believe that they have contributed hugely to the development of drugs that have saved lives.

[Jim Shannon]

What is sought by Members, and by many outside the House, is an assurance that any potential or suggested changes, or improvements, made by the Minister would not affect experimentation on animals to provide new medication that could save lives. It is clear that the medicines that have been perfected through such experimentation have saved not just hundreds of thousands but millions of lives. Can the Minister assure us that it will continue?

[Lynne Featherstone]

I can assure all Members in all parts of the House that the Government want the development of those medicines to continue, as long as a responsible and careful attitude is adopted to the animals that are used in the quest for better medicines. Those who conduct such experiments must adhere to the stringent standards to which I have referred, and search further and harder for alternative technologies. When I visited University College hospital recently, I saw some of the machinery that it is using instead of animals. The advances that have been made, have almost been made or will be made in the near future are amazing, and I am sure that any institution, whether a university, a scientific research establishment or a commercial venture, will want to provide the best conditions for their animals in order to get the best results.

Immigration (Stranraer/Cairnryan)

Jim Shannon Excerpts

Tuesday 22nd November 2011 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I, too, congratulate the hon. Gentleman on bringing this matter to the Chamber tonight. Obviously Stranraer and Cairnryan are critical, but there also has to be a domino effect. Perhaps it is time to go back to where people come in. Does he feel that the Minister should consider how he can curtail immigration from the Republic through to Northern Ireland and into Scotland?

[Mr Brown]

I thank the hon. Gentleman. There is no doubt that there appears to be a weak link, because people can get easy access to Northern Ireland. People can get on a bus in Belfast, and the next stop could well be Birmingham or London. It is as simple as that. The Immigration Minister told me in correspondence that it would be too expensive to find out how many illegal immigrants had absconded on their way to a UKBA office. How on earth can the Government make those cuts and then not monitor the effectiveness of the processes in place?

Dumfries and Galloway police have told me of an alarming case of two illegal immigrants. They were detained in Belfast overnight and told to report to the UKBA the following morning, but instead were detected disembarking at Stranraer after crossing on the ferry. Despite flouting the rules once, the only course of action available to the local police was to release them with instructions to attend the UKBA office in Glasgow. As the police said:

“Do we honestly think, given this course of conduct, that they would have any intention of attending?”

The Minister needs to tell us why he is not doing anything to close this massive loophole in our border security. The Government have turned a blind eye throughout to worries about security at the ports. The Prime Minister told me during Prime Minister’s questions on 24 November last year that he would

“look very carefully…to make sure that the system is working.”—[Official Report, 24 November 2010; Vol. 519, c. 260.]

Perhaps the Minister will clarify whether the Prime Minister followed that up, or whether, as I suspect, they were nothing more than empty words.

In a letter to me dated 4 January this year, the Immigration Minister promised personally to review the security arrangements at the end of February. Perhaps he could tell me today what he found, because I can find no record of his review. The only study of the arrangements since the Government’s cut was carried out by the UKBA and published in August this year. The scope was extremely narrow, and Dumfries and Galloway police have confirmed that there was no contact from any Government Minister. Both the Prime Minister and Immigration Minister promised me they would look at this issue personally. To the best of my knowledge, neither has done so. I hope the Minister will today commit to a full independent review of the arrangements in place at the Galloway ports.

The Government’s first duty is to the safety and security of citizens. The removal of financial support for ports police from Galloway ports is putting that at risk simply to save money. The Minister has serious questions to answer today. Will he tell us why he ignored the concerns of Dumfries and Galloway police and pressed ahead with that irresponsible cut? Is he still unable to tell the House how many illegal immigrants disappeared following release after detection at the Galloway ports? Given that we are just scratching the surface of the illegal immigration problems at the ports, will the Government concede that the case for the reversal of the cut in UKBA funding is now overwhelming? I look forward to hearing what he has to say.

Protection of Freedoms Bill

Jim Shannon Excerpts

Tuesday 11th October 2011 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

In Northern Ireland, we have a large expanse of CCTV. In my area, we have them in our town, but there is a demand coming from the general public. The right hon. Gentleman has given one example in which cameras have proved useful. In the town that I represent, the general public want CCTV. It has reduced crime in the town centre by 50%, car theft by 45% and theft of other items by 55%. Clearly, CCTV can deliver and is a sleeping policeman that reduces crime.

[Mr Hanson]

I am grateful to my hon. Friend—if I can call him that—for his comments. I shall quote from an article last week in the Batley and Birstall News:

“Sgt Chris Hughes from Batley Neighbourhood Policing Team said the cameras were a ‘massive plus’ for the police. He said: ‘CCTV is independent evidence at the end of the day telling us exactly what’s going on and whether someone should be charged with an offence or not. CCTV is a massive, massive investigation tool for the police. We rely on it for everything from street crime to terrorist activity and murder.’”

In supporting the new clauses and amendments tabled by my hon. Friends, I simply point out that the coalition agreement states clearly that the Government want to roll back “state intrusion”. That sends a signal about a starting place which is not the starting place I am at.

--- Later in debate ---

It is also worth mentioning the small organisations that do not have access to specialist help and advice on CRB checks, and that are not familiar with the complexity of the system, in which individuals receive different types of CRB checks. Has the Minister given any thought to what she said in Committee on making information on the new system available to voluntary and community groups, and on providing the information required so that people fully understand what the system means? They also need to understand what is happening when someone is trying to hoodwink them, as I have described, by pretending that the CRB certificate is not available for some spurious reason.

[Jim Shannon]

Does the hon. Lady agree that the Government also need to be clearer in their explanation of how the continuous updating of CRB checks will work? Many people are currently unsure.

[Diana Johnson]

The hon. Gentleman makes a good point, because how that system will work is unclear. I cannot get my head around the updated procedures. What consent will need to be given? What information about employees or volunteers will be made available to employers or voluntary sector groups? When will barring information be made available? If someone is barred while they are employed, will that information be made available readily to an employer? The hon. Gentleman makes a very important point, which illustrates the fact that information on how the system will work needs to be made widely available.

--- Later in debate ---

[Diana Johnson]

My hon. Friend puts the case very well, and I hope the Minister will reflect on the issue of barred status information not being made available—which we have just voted on—and on this whole area of supervision, and consider whether to redefine or remove entirely the concept of supervision.

Let me discuss the example of David Lawrence. For many years he was a football coach volunteering for a team in a junior league in the Avon area. In the late 1990s, working with Fair Play for Children, the Football League tightened its safeguarding procedures and uncovered a string of allegations made against Mr Lawrence dating back to the 1970s, but he had no convictions. He was removed from the football club and shortly afterwards was convicted of an offence against a young boy. Shockingly, just two months after release, in the early 2000s, he was once again volunteering at a local football club. It was a club in a league affiliated with the Football Association, but it was not conducting even basic checks on those who volunteered with it. Mr Lawrence was in a series of supervised volunteer positions, but if this Bill is passed in its current form there will be no legal requirement to conduct any checks on his background. The case shows that statutory regulation is needed to force activity providers to conduct background checks on individuals. Because so much of the relevant information is often soft information—we have just debated that at length—these background checks should go through the Independent Safeguarding Authority.

A redefinition of “supervision” is set out in amendments 114 to 116, which seek to deal with the Government’s definition of the term. We discussed that at great length in Committee, including a number of different options for the definition. Using a definition of “day to day” supervision to cover people such as a football coach or an assistant in a school classroom is not sufficient, as it allows individuals to be left unsupervised for long periods. For example, a football coach could take the same group of children to a different part of a playing field regularly—on a weekly basis—and that is of concern. The definition would also allow a volunteer at a drama group to teach mime to a group of children in a different room from the person supposed to be supervising them. Someone with that ability to take part in activities away from where their supervisor is should be subject to background checks.

A survey conducted by the National Confederation of Parent Teacher Associations suggested that three quarters of parents want background checks to be carried out unless they have personally chosen the person who has access to their child. The brief on which the National Society for the Prevention of Cruelty to Children led stated:

“We are concerned that the proposed definition of regulated activity does not cover some groups of people who have frequent and close contact with children. This creates risks for children. Those who seek to harm children can be predatory and manipulative. If certain types of work are exempt from vetting and barring, in some sectors or settings, but not in others, dangerous adults are likely to target those organisations with weaker arrangements.”

It continues:

“Our key outstanding concern is about the exclusion of supervised work from regulated activity: The Bill exempts many positions from regulated activity simply by virtue of them being under ‘regular day to day supervision’. However supervised employees and volunteers are still able to develop relationships with children which could be exploited. For example, a volunteer teaching assistant in a classroom of 30 children, with only light-touch supervision by the classroom teacher, has plenty of opportunity to develop inappropriate relationships and groom children.

The definition of ‘regular day to day supervision’ is not sufficient because it could be understood to include individuals who have a ‘supervisor’ on site, but who are able to work with groups of children on their own for significant periods of time, with no one directly supervising their work.”

The first recommendation in the report by the all-party group on child protection was to tighten up the definition of “supervision”. In its response to that report, the Home Office said that it agreed that regulated activity should cover all those positions where individuals have close contact and can develop trusting relationships with children. Unfortunately, the Government have not tabled any amendments to allow us to deal with that.

We welcome Government amendments 22 and 63. We are glad that the Government have heeded the calls made by the Opposition and by leading charities in the area, including the NSPCC, to introduce statutory guidance on the issue of supervision.

[Jim Shannon]

One of the concerns that many people and lots of organisations have about supervision—this has been expressed to me and I suspect to many others in the House—is the level of complexity and the degree of risk involved. Does the hon. Lady feel that the Government should reconsider that issue and how they can best address it to everyone’s satisfaction?

[Diana Johnson]

The hon. Gentleman makes a very important point. All members of the Public Bill Committee had real concerns about this issue, and wanted further explanation and statutory guidance to be produced by the Government. We are therefore pleased that these amendments will assist that definition, but we are also concerned that we have not had an opportunity in the House to debate and discuss exactly what “regulated activity” and “supervision” are, how they fit together and whether or not we need to revisit the matter. I hope the Minister will be able to give an assurance that the protection set out in the Bill and these Government amendments will be sufficient to deal with the kind of examples that I have given, where people have been able to abuse their position in schools, charities or other voluntary sector groups.

The all-party group’s second recommendation was that the Government should introduce statutory guidance, so again this move is to be welcomed. I would be grateful if the Minister could respond to those points.

[Diana Johnson]

As I said, I do not intend to press the amendment to a Division and I am pleased that the Government have seen the sense in having statutory guidance on supervision. It is unfortunate that the House has not had the opportunity to consider any draft guidance that the Government might wish to introduce, although I assume that we will see that later in the day.

[Jim Shannon]

I thank the hon. Lady for giving way; I am conscious of the time. Does she feel that this measure is about reducing the number of those being checked? If it is, it is flawed. That is one of my concerns. Most employers will carry out a non-regulated activity that will not require the barred list information or an enhanced disclosure. In other words, things will thereby not be done in the way they should to get full disclosure. I know that we are not going to divide the House on this point, but I am very concerned about what it means.

[Madam Deputy Speaker (Dawn Primarolo)]

Does the hon. Lady wish to withdraw the amendment?

Human Trafficking

Jim Shannon Excerpts

Wednesday 18th May 2011 Westminster Hall

[Mr Field]

My hon. Friend makes an extremely good point, which bears witness to what I said earlier about this not simply being a policing matter but one with a focus on justice and social services, housing and the work of local authorities. The most important thing to learn is that solving the problem needs a multidisciplinary approach.

A pernicious trend emerged in my constituency of vans depositing women and children by Knightsbridge tube station in the morning to be picked up in the evening after a lucrative day’s begging. A couple of years ago, police raided properties in the constituency of the hon. Member for Slough (Fiona Mactaggart) to crack down on Romanian and Bulgarian gangs who had trafficked children to pick the pockets of Londoners in my constituency and beyond.

Tackling adult trafficking is co-ordinated, as the Minister knows, by the UK Human Trafficking Centre, which was set up five years ago to bring together a range of stakeholders—police forces, the UK Border Agency, non-governmental organisations and so on. It acts alongside UKBA as one of the competent authorities for the national referral mechanism.

[Jim Shannon (Strangford) (DUP)]

The Government have signed up to the directive on human trafficking, which is good news, but they have refused to appoint an independent rapporteur who would have overseen it and ensured that they fulfilled their obligations. Does the hon. Gentleman feel that that should be done as a matter of urgency?

[Mr Field]

I confess that I do. It is important, and I hope that the Minister will specifically pick up that point, because in this shadowy world beyond what one might regard as the normal scrutiny of the political process, it is all the more important that the voiceless are given a distinct voice of the kind that the hon. Gentleman has described.

The national referral mechanism is a framework for identifying victims of human trafficking and ensuring that they receive appropriate care. It essentially means that if the police, social services or NGOs believe that they have encountered a trafficking victim, a referral is made for a decision on whether they qualify for a place in a Ministry of Justice safe house for 45 days. The 45-day period is designed to allow the referred person to recover and reflect on whether they wish to co-operate with police inquiries, return to their country of origin or take other action to get their life back on track.

The situation with child trafficking victims is slightly different in having its focal point with the trafficking unit of the Child Exploitation and Online Protection Centre. Its work is assisted in the London area by Paladin, a dedicated team of Metropolitan police officers and UKBA staff based at Heathrow, who are tasked with stopping child trafficking through the entry points into London. Profiled compellingly by Bridget Freer in April in The Sunday Times magazine, Paladin is an absolutely tiny team with an enormous remit.

There are many deep concerns about the effectiveness of the approach being taken. UKHTC has been absorbed into the Serious Organised Crime Agency, a move criticised on the basis that the sheer size of SOCA dilutes the sense of purpose in dealing with human trafficking. With SOCA due to be replaced by a national crime agency, where do we anticipate UKHTC being placed?

Foreign Fishermen (Visas)

Jim Shannon Excerpts

Wednesday 30th March 2011 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

This issue is important to my constituency and many other constituencies across the United Kingdom. Along with being in the armed forces, commercial sea fishing represents the most dangerous occupation in the United Kingdom—a fact that would be confirmed by our fishermen and those who represent them. The programme “Deadliest Catch” and the film “The Perfect Storm” illustrate very clearly the issues that fishermen face each and every day.

A combination of increasing regulatory burdens and decreasing financial returns, compounded by the antisocial nature of the job, has led to local UK share fishermen drifting away from the occupation. Although there is a method in place to address the problems, we need some help moving things along, which is why I sought this debate. Although the drifting away is not a universal trend within the industry, the larger part of the fleet, comprising those trawlers targeting certain species such as cod, haddock, whiting and nephrops, has been particularly vulnerable to the trend for the past decade and more.

The take-home wage is a key concern of the fishermen. It does not always reflect the nature of the work, which has been brought into our homes by the TV series “Trawlermen”. Figures from the Sea Fish Industry Authority’s regular economic surveys of the fleet show that the average gross annual wage for a Northern Ireland-based share fisherman works out at approximately £15,000, less their tax and stamp. Other hon. Members will speak on behalf of their areas, but I suspect that the wage will be similar. Given the salaries available in other sectors, it is no wonder that many share fishermen have chosen to leave the industry.

There is a perception that share fishermen are mainly unskilled or unqualified workers, but that is not the case. Regrettably, fishermen’s skills and the qualifications that they are required by law to possess go largely unrecognised outside the fishing sector. The sea fishing industry has changed dramatically over the past few years to become a multi-million-pound industry. Skippers and their crews work on modern, sophisticated vessels and are expected to be highly skilled technicians who are able to act as efficient harvesters of the seas and to operate a range of electronic instruments for safe navigation and for finding fish. Gone are the days of throwing a net over the side of a boat to catch fish; it is much more sophisticated now.

Share fishermen in the UK are self-employed, so they have the option of looking for alternative employment in either the marine or onshore sectors. Trawler owners, on the other hand, still have a business to manage and bank loans to repay. They have a choice. Of course they will pursue every opportunity available to them to enhance the value of their catch or reduce their overheads so that the profit and consequently the crew share can be maximised. I can cite several examples from my constituency of Strangford where trawler owners are working collectively to bulk-purchase fuel and promote the local consumption of their catch. They are doing everything practically and physically possible to improve their profit margins. Despite taking such actions, crewing problems persist. Consequently, trawler owners are forced to look for alternative crewing arrangements.

The European Union and its common fisheries policy possess few positive aspects for our fishing fleet. One such aspect has been to increase the labour pool. With the expansion of the EU eastwards, many citizens of the independent Baltic states have found their way to the periphery of the Union and have been able to secure positions as crew members on board UK-based trawlers. Many of the new recruits to the UK’s fishing industry had previous fishing industry and merchant navy experience. However, they lacked the recognised qualifications required by the Maritime and Coastguard Agency. That obstacle, compounded by language difficulties, was largely overcome. None the less, significant investment was required on the part of the trawler owners, as interpreters were drafted in to assist tutors in delivering the courses that resulted in the mandatory qualifications.

Let me set out where we are, and then I will outline how we can move forward.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

The hon. Gentleman has laid out very well the situation of the share fishermen. People come in from other countries to do the work of a share fisherman, and there are many jobs onshore that are dependent on their work. Barratlantic in my constituency has told me that if it loses its three overseas fishermen, it will have to lay off members of staff at its fish factory, because fewer fish will be landed. That underlines how important it is that we manage to keep those skilled men working on our boats in Scotland and Northern Ireland.

[Jim Shannon]

I thank the hon. Gentleman for his intervention. The wonderful thing about being an MP—apart from the privilege of being here—is that the issues that are prevalent in the area that I represent are the same as those in Scotland, England and Wales. They are not specific to my constituency alone, which is why we need the help of Westminster, the Government and the Minister.

Despite the difficulties, the first wave of immigrant fishermen addressed many of the crewing problems. However, the economic factors, which are well known to many of us across the UK, meant that many of the immigrants began to return home. UK trawler owners almost found themselves in chapter two of the crewing crisis, and that is where we are today. Consequently, trawler owners and their agents began to look further afield. In 2006, the first Filipino fishermen began to appear in fishing communities around the UK, and particularly in Scotland. The trend started in Scotland and then made its way across the rest of the UK, to England and Northern Ireland.

Filipino fishermen are different from their UK colleagues, in that they tend to be employed. In addition, as the Philippines, like the UK, is surrounded by sea, all the new recruits who came over to the UK tended to have seagoing experience, and indeed fishing experience, with qualifications that on the most part were recognised by the UK, including by the MCA. Furthermore, as I have heard for myself, their knowledge of the English language is impressive. I have spoken to some of these Filipino fishermen in the port of Portavogie, and I must say that they are very clear in what they are telling me.

The first Filipino fishermen arrived in Northern Ireland in 2007 and their numbers in the three ports along the County Down coast increased quickly. They filled, and continue to fill, an important void in trawler crews at a critical time for the industry. Access to the UK was achieved through transit visas, an important condition of which is the requirement that the vessel to which they are attached spend the majority of its fishing time outside UK territorial waters. In fact, these fishermen were not permitted to live on shore. That was probably quite a strict condition, but they none the less tried to keep to it.

As I have mentioned, the primary difference between the Filipino fishermen and other immigrant fishermen from outside the European economic area on the one hand, and UK share fishermen on the other, is that the former group are employed. As such, they have a contract of employment with the trawler owners, and those contracts carry with them obligations for the owners—obligations to do with pay, insurance cover and travel costs. The take-home pay of a British share fisherman varies from trawler to trawler and from week to week, depending on the weather and the danger that they face. Their pay is based on a share of the trawlerman’s profits. If a trawler makes no profit, then the crewmen get no salary, so it is clear that the Filipino fisherman has an advantage that the share fisherman does not. Employed crew members’ contracts stipulate a minimum weekly wage, and bonuses are then paid, which differ from trawler to trawler. Overall, however, when all the costs are accumulated, the share of the profit and the salary paid to any crew member are very similar.

However, a big difference is the fact that, from the outset, the transit visa required non-EEA fishermen to live on board the trawlers. Although their living conditions are no different from those of UK fishermen, the non-EEA fishermen do not get a break from those conditions during their contracts, which can last for several months.

In many of the ports where the Royal National Mission to Deep Sea Fishermen has a presence, immigrant fishermen have availed themselves of the mission’s facilities. Indeed, in some ports, such as Troon and Kilkeel, the mission opened mini-centres to provide rest and relaxation facilities for visiting UK fishermen and immigrant fishermen alike. As always, the mission needs to be commended for the Christian service that it provides, and the Christian witness that it bears to fishermen all over the UK. I pay tribute to it.

Unfortunately, there have been occasions when owners have been accused of abusing crew members. I will put this on record: some crew members have made certain claims. However, I met Filipino fishermen no more than a month ago in Portavogie and spoke to them, basically through an interpreter. I know that some people in this Chamber have difficulty following my accent, so I suspect that the Filipinos in Portavogie probably had even more difficulty. Fortunately, however, we had a translator, and I was able to convey to them that I would be bringing this matter to the House within a short time.

[Mr MacNeil]

As somebody else who causes some difficulties for Hansard—I am quite proud of that fact—I would like to back up what the hon. Gentleman is saying and talk about another aspect of the issue. In my experience, fishermen who have lost a man because he has returned to the Philippines have not sought to replace him with another Filipino. They have been quite specific in wanting to get the man who they have got to know to come back and work with them. That shows the building of personal relationships, and indeed friendships of a certain kind, between men when they are out fishing together. I find that quite heartening, and it is quite the opposite of some of the scare stories. That has been my experience in this field.

[Jim Shannon]

I thank the hon. Gentleman again for his contribution. There is a very strong bond of friendship, loyalty, togetherness and comradeship that comes from being together on a small boat. I do not know if other Members have ever had the chance to get out on a fishing boat. If they have not, they should take the opportunity to go out in one. They would see the small section of the boat that the fishermen sleep in. If they were not claustrophobic before, they certainly would be afterwards, because it is almost incredibly small.

Whenever I have met the Filipino fishermen in Portavogie, an area that I represent back home, I have seen their commitment. When they were wanted at 4 am down in the harbour, they were there. In fact, they were there perhaps half an hour before they were going out on the boats. They were always on time and they worked hard all day. That is how they did things. As the hon. Gentleman has said very clearly, the Filipino fishermen have a strong commitment to work.

[Mr Alan Reid (Argyll and Bute) (LD)]

I congratulate the hon. Gentleman on securing this important debate. To back up what he has just said, one fishing boat skipper told me that if he goes to sleep at night, he wants to be sure that the person at the wheel is somebody in whom he has complete trust. The bond and the trust that are built up over a number of years are very important, and that is why there is a desire to retain these employees.

[Jim Shannon]

I thank the hon. Gentleman for his intervention, which highlights the fact that, right across the UK, the same issues apply to us all. It also highlights our knowledge as elected representatives of immigrant fishermen, and Filipino fishermen in particular, and the need to have them retained in the fishing industry in the areas that we represent.

[Mr MacNeil]

The hon. Gentleman has been very kind in giving way and sharing his time. One of the difficulties that the people and the companies that want these men to return have raised with me is the cost involved. There are legal fees of £1,250 plus VAT; there are the Home Office fees of £1,000; and there is a further fee of £170 for every sponsor’s certificate issued. Does the hon. Gentleman feel that, especially at this time, those are costs that businesses should not really be facing on an almost continual or cyclical basis? Perhaps the Migration Advisory Council should seek to reclassify these fishermen and put them into the specialisms that they are quite clearly and patently qualified for.

[Jim Shannon]

I wholeheartedly agree with the hon. Gentleman about the costs involved. Those costs seem to increase every year, and continuously throughout the year. I am also concerned about them.

Filipino fishermen have had Filipino consular staff down to see them and speak to them about the matters that affect them. I have discussed the issue of the Filipino fishermen with the UK Border Agency on two occasions, and I had occasion to table a question for the Minister for Immigration on the subject just last year. These are important matters for us as representatives of the fishing industry, but I must say that they are even more important for the Filipino fishermen and the trawler skippers for whom they work.

During 2008 and 2009, there were extensive consultations between the UK Border Agency, industrial representatives and others. The UK Border Agency became aware of just how valuable both the non-UK fishermen and the non-EEA fishermen were to the continued safe operation of the fishing industry. That point about safety backs up the points that the hon. Members for Na h-Eileanan an Iar (Mr MacNeil), and for Argyll and Bute (Mr Reid), have made about the safe operation of boats. Whenever the skipper goes to sleep at night, he wants to be sure that the person in charge of the boat knows what they are doing. That is exactly the issue that we are discussing.

The transit visas that I mentioned were due to last some 18 months, expiring in September 2011. That is why we are having this debate in Westminster Hall today. Perhaps we can get an extension to those visas, or some concession or help from the Minister’s Department.

[Mr MacNeil]

The hon. Gentleman has made a very good point about safety. Earlier, I talked about people getting to know each other and forming a bond. I have been told that one of the reasons why the trawler owners do not want just anybody is that it takes a person time to get used to each individual boat and to know exactly where certain ropes, anchors, grappling hooks and other pieces of equipment are, or where the hauler is controlled, on each individual boat. That is a genuine reason for keeping a man who has experience of a particular boat on that boat, rather than just seeking anybody. I have had fishing employers come to me to ensure that an individual who is skilled and trained on their boat remains on their boat. I wonder if the hon. Gentleman finds exactly the same thing in his area.

[Jim Shannon]

The area that I represent is exactly the same. The knowledge that is earned on one boat is perhaps slightly different to the knowledge earned on another. It takes time to get used to a boat. I mentioned that earlier, when I said that today’s fisherman has so much more to learn than his predecessors of 10, 15 or 20 years ago.

[Mr Reid]

I am grateful to the hon. Gentleman for being so generous in giving way. I want to back up the point that he made. This is a highly skilled job, and it should be put on the list of occupations for which employers should be able to get work permits, as long as employers can demonstrate that they have made every effort to recruit fishermen from within the EU. In those circumstances, they should be allowed to obtain visas, particularly to retain the staff whom they already have and in whom they have trust and confidence.

[Jim Shannon]

I thank the hon. Gentleman for making that point, because it is the crux of the issue, and of our requests to the Minister and the Department.

Of the 1,500 visas that were allocated, only 70 were taken up. That might prompt the question, “If only 70 people took them up, do we really need them?” but the fact is we do. It was not that the interest was not there. The key experience and skills of the people involved is very important, and those who were able to fill the void before the Filipino fishermen came have now, by and large, gone back to eastern Europe. There have been, and still are, experienced and qualified fishermen working on the trawlers, and the issue today is that fishermen and employers do not want to lose that expertise come September 2011, which is what they say will happen.

[Mr MacNeil]

On a point of information, the period when only 70 applications were taken up was before the last election, when the hon. Gentleman was not in the House. I can remember it clearly, and people came to see me on the subject. The problems were those of bureaucracy, often in Manila. What with the employment agencies and the visa-issuing authorities in Manila, it was difficult to get people out and across. Had it not been for those bureaucratic hurdles, a lot more than 70 people would have arrived.

[Jim Shannon]

I thank the hon. Gentleman for that clarification. Yes, that was before my time. He is absolutely right that there was a pervasive level of bureaucracy that prevented people from applying.

I am conscious of the time, and intend to bring my speech to a conclusion. It remains the case that most people signing on for the dole are dissuaded from seeking a job in the commercial fishing fleet because of the long hours, the low wages, the uncertainties of the weather and the dangers of the job. There is also the question of the investment that trawler owners need to make to train fishermen who might then choose not to stay in the job. Consequently, there is a need for non-EEA or immigrant workers to fill the gaps in onshore occupations, and a clear need for us to retain the fishermen, particularly the Filipinos.

The Migration Advisory Committee recently launched a consultation to update its shortage occupation list, and I encourage the UK fishing industry’s representatives to make representations as part of that process. That would, in basic terms, entail the monetary reward that is available to share fishermen reflecting the sacrifices they make and the skills they have. We need a long-term solution to the crewing problems that the fishing fleets face, and I encourage the UK Border Agency, together with the other agencies involved, to instigate discussions with fishing industry representatives soon. I also call on the Home Office and the UK Border Agency to review the situation regarding the temporary visas that they issued early last year. I am aware that the non-EEA fishermen to whom the visas were issued, together with the trawler owners who employ them, have acted responsibly and sensibly, and I suggest that that could and should be reflected in an extension to the September 2011 expiry date.

In Northern Ireland, as in the rest of the UK, commercial sea fishing is a valuable industry, often based in remote coastal communities. It employs highly qualified technicians, whose skill, and indeed bravery and courage, in harvesting the seas around our islands must be acknowledged. Many of our fishermen’s management responsibilities have been mistakenly surrendered to the EU, but that is a different debate for a different day. Assisting with employment in the sector is, I suggest, a small but very important way in which the House can help the industry.

--- Later in debate ---

[Lynne Featherstone]

I give way to the hon. Member for Strangford.

[Jim Shannon]

I am conscious of the time. What we have is a skilled work force. We need a concession for them, and we are asking the Minister to use her position within the Department to ensure that we get it. People have tried hard to get workers to take those places. It has not worked, but we have a skilled work force. There is a spin-off onshore. If we do not catch fish at sea, we cannot do further processing on land, and that is what leads to job losses.

[Lynne Featherstone]

In my understanding, the reason that that is not possible is that the work force are designated as non-skilled. I understand what the hon. Gentleman says about the skill of the Filipinos, who are seafaring folk and understand the business, but in terms of the normal visa applications, they would be made under tier 3. The reason that people do not want to do the job is that it is cold, wet and nasty and does not pay brilliantly, not that they cannot learn the skills needed. I assure hon. Members that I am listening to their passionate pleas. I am not standing here like a stone wall; I hear the case being made. Nevertheless, I must push back a bit because of the levels of unemployment in those areas and because there has been the need for a concession.

The UK Border Agency is considering ways to ensure that all UK-based crew, including those whose journeys take them beyond the 12-mile territorial limit but not to foreign ports on a routine basis, will be properly paid and accommodated. Tier 3 of the points-based system for low-skilled labour remains closed, however. As I said, the case for changing that must be made to the Migration Advisory Committee. It is important that that case is made, as the Government can go only so far.

I recognise that the requirements of the concession may have created anomalies between the levels of payment of different fishing fleets and contracted foreign fishing workers working on the same vessels. Foreign fishers have a defined income, as was described, and certainty about income for the period of their contracts, which was obviously a difficulty, but that is coming to an end. The Government’s job—

Protection of Freedoms Bill

Jim Shannon Excerpts

Tuesday 1st March 2011 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

It was Winston Churchill who said:

“All great things are simple, and many can be expressed in single words: freedom, justice, honour, duty, mercy, hope”.

It is under the banner of freedom and democracy that our troops fight on foreign fields, and it is freedom that we celebrate in Northern Ireland on 12 July each year.

I support much of what is put forward by the coalition Government in the Bill, but I have some concerns. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the shadow Home Secretary, clearly and eloquently outlined one of our main concerns: the relaxation of the vetting procedures. I am concerned to see that through their deliberations members of the Committee protect children. If that does not happen—I suspect that it will—we will take the opportunity to table amendments on Report.

On the subject of regulation of biometric data—we have all heard the comments about that—I am firmly opposed to any kind of nanny state, but I do not believe that freedom can or should be used as a licence to behave in any way with no consequence. In other words, people must be accountable for their actions and those who break the law must pay the price; they have, in my opinion, limited their own freedom by their choice of action. I firmly believe that, in accordance with section 63D of the Police and Criminal Evidence Act 1984, people’s DNA should be held on record if they are found guilty of any crime. I am somewhat perturbed, however, that section 63D(2)(a) allows for the destruction of DNA if

“the taking of the fingerprint or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful”.

That is clear, and I am concerned about it.

In my opinion, even if correct protocol has been followed and the sample has been taken lawfully, if the suspect is subsequently found innocent they should have their DNA record destroyed, as they have no criminal conviction. Is the Minister aware, and will she clarify it in her response, that as of 24 April 2009 almost 1 million unconvicted persons had records on the national DNA database? A very small minority of those people are still under investigation; the remainder will have been found innocent of any crime. During 2008-09, only 283 innocent individuals were successful in getting their records deleted under the “exceptional cases” provisions. That was touched on by the hon. Member for Dartford (Gareth Johnson) and many others in the debate. This issue must be specified clearly in the Bill, and we will seek to achieve that in Committee.

There are many other issues with biometric information, such as the collection and retention of schoolchildren’s DNA information, which caused upset of late in a school not far from my constituency. It became clear that parents must and should have a complete veto on the collection and storage of their children’s genetic make-up. Children have been particularly affected by the expansion of the DNA database, as there has been a significant increase in the number of young people arrested following minor crimes or even false accusations. Some offences have been as minor as pulling each other’s hair or damage to trees and fences. Labelling children as criminals at an early age can be counter-productive, and I hope that will be taken on board in Committee.

Under part 3, “Protection of property from disproportionate enforcement action”, I welcome the provision in clause 54 to make it unlawful for clampers to clamp on private land. I have heard the clamping by one firm described as legalised mugging, and although that brought a laugh, there is some truth in it. All Members have had examples of abuses by clampers brought to their attention.

[Naomi Long]

The hon. Gentleman will be aware that the matter is devolved to the Northern Ireland Assembly. Although the problem has not been as significant there as it has been elsewhere, I believe that a review of clamping regulations in Northern Ireland is to be undertaken.

[Jim Shannon]

Perhaps I have cornered the market in those who have problems with clampers, but I have heard plenty of concerns expressed. I have had complaints nearly every other week. It got to the stage where I was on first name terms with the people in the companies concerned, although I am not sure whether that was good for them or me.

In my area, a firm of clampers was brought in by residents, but the clampers began to clamp visitors to those residents along with everyone else, and it was realised that there was no regulation of clamping and that the clampers were a law unto themselves. We have all heard horror stories about clamping firms. I won a case in which a lady was clamped who had a disabled child and needed her vehicle for transportation and so paid the fine. Unbelievably, the clampers informed her after payment that the guys who unclamped vehicles were headed home for the weekend and she would have to wait until Monday. After a number of phone calls, I got them to come back and do the right thing by letting her drive away. It is abhorrent that such daylight robbery, though morally defunct, was legally acceptable. The Home Office estimates that 500,000 drivers every year are clamped on private land. The week before last, I read in a newspaper that a lady who worked in a taxi firm had come outside to find her car had been clamped. She contacted her firm, and the taxi drivers, like a wagon train, surrounded the clamping car until the impasse was sorted out.

It is estimated that the public pay out £55 million in clamping fees, which benefit nobody apart from the clamping companies. Towing away will also be outlawed, with private landowners still able to regulate parking by erecting a barrier to keep drivers out or charging regulated parking fees. The ban will apply only on private land and will not affect clamping and towing by lawful authorities such as the police, local authorities or Driver and Vehicle Licensing Northern Ireland. That means that those who do not pay appropriate tax or adhere to signage will be held accountable. That must be good news, and a system is in place to ensure that that happens. Councils will continue to have the power to tow away cars abandoned on private land. Police can also remove vehicles that are causing an obstruction or are dangerously parked, providing a redress for home and business owners. In relation to clause 56, however, I believe that a reasonable standardised fee should be introduced to regulate extortionate fees that may still be levied. I hope that the Minister will address that point, because the Bill provides the opportunity to clarify maximum fees.

In one of his plays, Shakespeare wrote, “Kill all lawyers,” which was a bit extreme, but some people have used similar terminology in relation to clamping companies. I tell them that that is just words and does not mean much, but I am hopeful that it will no longer be the quotation used in my constituency if the Bill is amended and tightened up.

Harking back to the need to control legislation, there was a great deal of concern some time ago about local councils spying on people through bugged litter bins. I hope that the Bill will provide protection in that regard. I would commend the use of CCTV, which is a kind of sleeping policeman that observes at a distance all that takes place. While one Member mentioned that he had only one complaint against CCTV, every person who comes to me tells me that they want more CCTV. In my opinion, CCTV is a weapon that we should use, as the coverage that such cameras record enables us to catch those involved in unlawful incidents. As someone who watches late-night television programmes such as “CSI”, I am always impressed by the number of policemen who come on to a crime scene outside a pub or restaurant or in the street, and I just wish that some cases in the past had had the same level of response.

I commend the Bill, although I have concerns that I hope will be addressed in Committee. If that is not the case, I put down a marker that we will address those matters on the Floor of the House when the opportunity arises.

--- Later in debate ---

[Tom Brake]

Of course we must. Whenever a massive database is introduced, there is significant potential for errors such as mismatches to be hidden in it. I hope that the Committee stage will provide scope for further examination of the details relating to the database. I am thinking particularly of the retention of children’s DNA. In its briefing, Liberty expressed concern about the fact that a child who was caught shoplifting at the age of 10 and again at the age of 12 would remain on the database for the rest of his or her life. If Liberty’s understanding is correct, that makes me extremely uncomfortable.

I am pleased that children will no longer be fingerprinted in schools. I am astonished that schools have never been required to seek permission for that from parents. As for the regulation of surveillance and CCTV, my experience is similar to that of the right hon. Member for Blackburn and others who have spoken today. The most frequent request that I have received as a Member of Parliament has been for additional CCTV systems, but many people have approached me expressing concern about, for instance, the fact that CCTV cameras were pointing straight through their front windows, or their bedroom windows, from premises opposite. I believe that better regulation could solve the problems that have been reported to me, and I therefore welcome the proposals in the Bill.

[Jim Shannon]

In my experience, when CCTV has been introduced in what might be described as hot spots where there is plenty of antisocial behaviour such as violence and robbery, there has been a marked reduction in the number of such incidents. Does the hon. Gentleman share that experience?

[Tom Brake]

I certainly think that CCTV deals partly with the fear of crime. However, I know from the results of an inquiry conducted by the Home Affairs Committee that its effectiveness in cutting crime is not so clear-cut. It obviously makes a difference in, for instance, car parks, but it is less obvious whether it makes a difference on a wider scale. The evidence may not be as strong as Members wish it to be.

I am pleased that we are considering the issue of automatic number plate recognition systems. I have raised with Ministers in the past the extent to which bailiffs and private contractors can use such systems, and have suggested that more regulation might be necessary. In Committee, we will doubtless wish to clarify the relationship between the Information Commissioner and the surveillance camera commissioner to ensure that there will be no overlap between them. The regulation that is being discussed at present clearly relates to CCTV in the public sector, involving local authorities and police, but that constitutes a relatively small proportion of the CCTV that is available. We may have to consider whether the boundaries specified in the Bill should be extended.

An issue that is closely related to the issues of CCTV and ANPR systems is that of the use of identification systems in pubs and clubs. Like, I suspect, a number of Members, I took up an offer a couple of weeks ago during special constables week, when we were encouraged to go out with our local special constables to observe their valuable and committed work. On Friday night I spent some time in Sutton high street, visiting pubs and clubs virtually all of which were using systems that captured people’s ID—typically, their driving licences. I know that there is significant concern among the police about the extent to which any of those systems comply with the relevant data protection legislation by ensuring that the data that they capture are secure and are handled in an appropriate manner. I realise that that may be beyond the scope of the Bill, but I think that the Government could usefully consider it.

As for counter-terrorism, Members will know from what I said earlier about stop-and-search powers that I am pleased that they will be much more tightly defined. I also welcome the reduction in the maximum period for pre-charge detention from 28 days to 14, although organisations such as the Law Society and Liberty want to push us much further and faster in that regard. I consider 14 days to be a good starting point, but I am happy to leave open the option of introducing a shorter period.

In relation to terrorism prevention and investigation measures, which are being dealt with separately to some extent, let me say as an aside that I hope we will be given more clarification of precisely what is being proposed. I do not want control orders to be replaced by something that looks very much like them. I should also like clarification of what will replace curfews, and I want to know that what we propose as a Government is a system that will focus on securing prosecutions rather than simply containing people.

On safeguarding vulnerable groups and criminal records, I welcome the fact that the vetting and barring scheme will be changed, and that 9 million people will be taken out of the scheme. Simply classifying and categorising people does not guarantee safety, and creating massive databases does not necessarily provide a solution to all the security and safety problems. We have to be more subtle and sophisticated than that.

I welcome the changes on consensual gay sex, and I am sure the Minister is aware of the concerns that, as far as possible, every single record that relates to that previously illegal activity should be deleted. I know there are challenges in terms of how to go beyond cleaning electronic data, but I hope that that can be dealt with comprehensively.

The freedom of information changes are very welcome, although not all aspects of the freedom of information ten-minute rule Bill that I have pressed on two separate occasions in the last three or four years will be picked up. I hope they will be, perhaps in the protection of freedoms (No. 2) Bill, when we get round to that in, I hope, the second half of this Parliament. I do not see any reason why very large private sector organisations that are, in effect, doing public sector work should not be subject to FOI in the same way as the public sector. If they are simply taking on what was previously done by the public sector, to which FOI legislation would have applied, it would be appropriate for it to apply to private sector organisations now doing that work.

I welcome the fact that we will preserve trial by jury and that we are restoring such rights.

In the past couple of weeks, we have watched with astonishment the courage, bravery and thirst for freedom of the Tunisians, Egyptians and Libyans, who have been desperate to embed some of the most basic freedoms in their societies. We have a more straightforward task. We have started the process of restoring some of our most cherished rights in the Protection of Freedoms Bill, and will, I hope, continue that process in the protection of freedoms (No. 2) Bill, which I hope will be introduced in the second half of this Parliament, and which I would expect to pick up on some of the issues raised—such as what the hon. Member for Gainsborough said about free speech, so that the concerns of Dr Evan Harris about removing the word “insulting” can be addressed.

We must maintain the momentum. With freedoms, we can never afford to stand still; we are always swimming against the current. This Bill demonstrates that the coalition is starting to reverse the tide, and that an unprecedentedly great rolling back of the state is under way.

Higher Education (Student Visas)

Jim Shannon Excerpts

Tuesday 8th February 2011 Commons Chamber

[Mr Bacon]

I was particularly interested to hear Sir Andrew Green of Migrationwatch UK, who I have always thought is a very articulate spokesman on these matters, say that he was interested in bogus students, bogus applicants, bogus colleges and genuine students who overstayed, because those categories contribute to net migration, but that he would welcome more genuine overseas students, as he thinks that is good for the country and the economy.

My fear is that genuine overseas students have been caught up in all this, so let me say how pleased I am that the Government have taken steps to deal with bogus colleges. The Select Committee on Home Affairs produced a useful report on that issue in 2009 and I gather from the Minister’s evidence to the Committee today that some 58 colleges have had their status revoked and the Government have taken compliance action against a further 235, which may lead to suspension or revocation of status. I applaud those excellent and worthwhile moves. Nobody has a stronger interest in seeing bogus colleges put out of business than legitimate providers. I should add that the Committee’s previous recommendation to restrict by law the use of the word “college” is a good one that Ministers should take seriously.

There is no place for bogus colleges or bogus applicants; nor is there any place for genuine applicants who overstay. We should have clear rules that everyone understands and that are enforced. If we deal with the bogus colleges, the cheats, the bogus applicants and those who fiddle the system, a great deal of the heat—the political problem about immigration—goes away. At that point, we face chiefly not a political problem, but a much more entrenched and difficult economic problem. We are all living through the consequences of the worst financial crash for a century or more. We know that this will be very painful and that severe belt-tightening will take place, and we have seen the Government make a start on that. We all know that any Government would have had to do the same. We know that we have to rebalance the economy away from its heavy dependence on financial services and have much healthier growth in other sectors.

We know that in Norfolk as well as anywhere does in the UK, because Norfolk is poised for significant growth in other areas of the economy, particularly once we get the dualling of the A11 completed, which I am pleased the Government have agreed. Norfolk is poised to help that rebalancing and not only through tourism, agriculture and high value-added food production, in which East Anglia has excelled, because there is a broader potential for growth. For example, Norwich is home to a cluster of internationally renowned research organisations in health and life sciences.

[Jim Shannon (Strangford) (DUP)]

Does the hon. Gentleman agree that for a great many universities across the United Kingdom—particularly Queen’s university in Belfast—students on visas are very important to research and development and to contact with companies? That potential needs to be realised. Does he feel that the coalition Government can make changes to ensure that the students who have the right to be in this country can make a contribution to universities and, thus, secure development?

[Mr Bacon]

I certainly hope so. I hope that the Government understand, if they had not already, that two in five PhDs undertaken in this country are undertaken by overseas students. Damage that and we damage the research base of this country.

More than 2,500 scientists are working at the John Innes centre near Norwich, the Institute of Food Research, the Sainsbury Laboratory, the Genome Analysis Centre and the university of East Anglia cluster, which together form the Norwich research park. That is the largest concentration of food and plant scientists in Europe. The IFR was recently ranked in the top two of 36,000 worldwide research organisations for the influence and citation of its research.

UEA also has a growing medical school and a renowned school of environmental studies. Other growing sectors include offshore and other renewable energy, including tidal, biomass and biofuel energy production. In advanced engineering the area has more than 1,000 engineering companies, employing a skilled work force of about 10,000 people, which trade around the world with the likes of Boeing, Airbus, NASA and Toyota. Group Lotus, which is based in my constituency, is developing the next generation of high-performance cars using renewable energies, as well as being the catalyst for a large cluster of advanced automotive engineering businesses along the A11 corridor. Almost every Formula 1 team is supported by engineers based in Norfolk or is using engineering invented in the county.