Windrush

Debate between Joanna Cherry and Ed Davey

Wednesday 2nd May 2018 Commons Chamber

[Joanna Cherry]

I entirely agree with my hon. Friend. As I said earlier this week, and as I will be repeating this afternoon, what we need now is a root and branch review of the Prime Minister’s immigration policies, because they are not working—the Home Affairs Committee has heard evidence that they are not even working according to the Government’s internal tenets.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

The hon. and learned Lady is making a powerful case that the Prime Minister has many questions to answer. One of the key questions she needs to answer is: when was she told about the problems facing the Windrush generation? Was it when she was Home Secretary or Prime Minister? If it was when she was Home Secretary, she has many more questions to answer.

[Joanna Cherry]

The Prime Minister does have many questions to answer. My hon. Friend the Member for Airdrie and Shotts (Neil Gray), as he said in a point of order, has laid down many written questions, which have yet to be answered. I suspect that the answers will be deeply embarrassing for the Government, and that is why those questions have not been answered.

I congratulate the official Opposition on having secured this debate on the Windrush scandal, but I make no apology for looking at the underlying reasons for it. I am afraid to say that they do not lie just with those on the Government Benches. There has been some unfortunate rhetoric from elements in the Labour party in the past. I realise that the Labour party is probably under new management now, and some of the new management had the gumption to vote with the SNP against the 2014 Immigration Bill. What I am trying to say is that a rather toxic rhetoric has grown up around immigration in both the Labour party and the Conservative party. It was, of course, Gordon Brown who famously spoke about British jobs for British workers, which the previous Home Secretary enthusiastically picked up on in a speech at the Tory party conference, promising tougher rules for foreign workers coming to Britain and taking our jobs. She suggested in an accompanying briefing that firms could be asked to publish lists of foreign workers. What kind of a union of nations are we becoming when it is seriously being contemplated that that sort of thing should happen?

Data Protection Bill [Lords]

Debate between Joanna Cherry and Ed Davey

Money resolution: House of Commons & Programme motion: House of Commons
Monday 5th March 2018 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP)]

Like my hon. Friend the Member for Argyll and Bute (Brendan O'Hara), I broadly welcome the Bill and its aims. A strong data protection framework is essential for the protection of human rights, particularly the right to privacy. Having a strong data protection framework is also key to the granting of adequacy by the EU Commission following the UK’s exit from the European Union, which of course I very much regret. However, the Bill falls short in the protections it provides in a number of areas, many of which have been ably outlined by my hon. Friend.

I want to focus on the immigration exception. Many of my hon. Friends and I have had emails from constituents who are particularly concerned about it. I am indebted to the Bar Council and the Immigration Law Practitioners Association for the briefings they have provided. Like others, they have pointed out, as I said in my intervention on the Secretary of State, that paragraph 4 of part 1 of schedule 2, which provides for the immigration exemption, is not reflective of the stated permissible exemptions under article 23 of the GDPR. If the Bill goes ahead unamended, it could cause us great problems for any finding of adequacy when we leave the European Union.

If enacted, that exemption will allow the Home Office, for the purposes of immigration control, to deny individuals access to their personal data—information that people can currently access by making a subject access request. The availability of that information is often vital to the fairness of legal proceedings in which individuals need to enforce or protect their rights. For example, for an individual effectively to challenge detention or an unlawful decision by the Home Office, or to make an application for immigration or asylum, they need to understand their own immigration history and to know what information the Home Office holds about them.

This is the information on which claims and legal challenges are often based. When both sides do not have access to the same information, the fairness of legal proceedings is inevitably compromised. Subject access requests are the only route through which legal practitioners can obtain access to that information and understand what are often complicated immigration histories. We all, as Members of Parliament, have experience of complicated immigration histories of people who come to see us in our surgeries. The reality is that many of these people do not have access to the relevant documents, or an accurate recollection or legal understanding of their circumstances. These concerns are not fanciful; they are very real.

To give an example, when someone is held in detention, they do not have access to their paperwork, for obvious reasons. They need their solicitor to be able to make a request to the Home Office to get the necessary information. Another important example is applicants who have been the victims of domestic violence, who have often been controlled by their partners for years. We introduced legislation in Scotland recently to deal with coercive control and recognise it as a real problem in domestic abuse. When a woman, or indeed a man, has been the subject of coercive control for many years before seeking help with immigration matters, a subject access request may be the only way of establishing the basis of any application for settlement and of obtaining independence from an abusive partner.

[Sir Edward Davey]

I am grateful to the hon. and learned Lady for giving way; she is making an excellent speech. Is it not ironic that the Government are planning to consult on improving protections for women who are the victims of domestic violence, but in the Bill they are taking protections away from some of the most vulnerable of them?

[Joanna Cherry]

Indeed it is ironic, and actions speak louder than words. I will certainly raise that matter with the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), who very decently has offered to meet me to discuss legislation that the Government have in mind about domestic abuse.

Those are just two examples of when it is very important for legal advisers to be able to make a subject access request to the Home Office and not to be met by the sort of brick wall that this immigration exemption, if enacted, would allow. I say “just two examples” because the Immigration Law Practitioners Association has produced, in an annexe to its briefing, a large number of real-life cases that illustrate the very wide range of circumstances in which subject access requests are used and are essential.

It is a sad fact that the Home Office has a well catalogued track record of making unlawful decisions. In a recent answer to a House of Lords question, the other place was told that in the 10 years to 2015, 250,000 appeals were allowed against the Home Office. Allowing the Home Office an exemption from subject access requests in immigration matters will have the effect of insulating the Government from challenges to unlawful decision making, and that is just not right. The Home Office does not apply the law as it has been mandated to by Parliament—or with the consistency that it should. That is why it loses so many cases in the courts.

We often come to the House to hear criticisms of Home Office procedures. While we cannot rectify those procedures under the auspices of the Bill, what we can do is not allow the status quo to get any worse. I exhort the Government to remove this exemption from the Bill, particularly as there are other exemptions in it that the immigration authorities can seek to rely on for the processing of personal data in accordance with their statutory duties and functions, or in the case of an offence having been committed.

This broad-ranging exemption will impact substantially on human rights, and it may also impact on an adequacy decision from the European Commission. Indeed, EU citizens today expressed their concern that these exemptions might have an impact on their ability to enforce their residency rights after Brexit, under the agreements currently being brokered. I urge the Government to look at this very carefully. They have yet to give any reasonable justification for the inclusion in the Bill of this very broad exemption, and I look forward to hearing one, if it is brought forward.

I share the concerns that led to amendments being passed by the Lords, and the cross-party concerns expressed in this House last week when the Government announced their decision to renege on the commitment to hold the second part of the Leveson inquiry. I was very glad to hear the points of order earlier on what Sir Brian Leveson actually said in his letter about his desire for Leveson part 2 to go forward.

I am not convinced by the reasons given by the Government for their decision to ditch any plans for Leveson 2. I endorse what the hon. Member for Rhondda (Chris Bryant) said in this House last week: he said that Members

“should be able to speak without fear or favour.”—[Official Report, 1 March 2018; Vol. 636, c. 971.]

That principle is as important as the freedom of the press, because the need for Members of Parliament to speak without fear or favour comes from the same right as the freedom of the press: the right to free speech and freedom of expression. I am sorry to have to say that I believe that the UK Government have acted out of fear of the press barons, and through favour, because so many of those press barons share their narrow right-wing agenda. There have been many genuine victims of press abuse, from grieving parents—everyone knows whom I am speaking about—to the relatives of those who died in the Hillsborough disaster, and they deserve better than this.

My hon. Friend the Member for Argyll and Bute made it very clear that it is not acceptable that the House of Lords should seek to legislate on matters devolved to Scotland; previously, section 40 applied only to England and Wales. As this is a devolved matter, what happens on press regulation in Scotland is for the Scottish Parliament. Although my colleagues in the Scottish Government have no plans to legislate in this area at the moment, there is debate within the SNP, as in the other political parties, about the best way to ensure that the terrible abuses uncovered by Leveson do not happen again.

In this House, promises were made by the UK Government to implement Leveson’s recommendations, and suspicions have rightly been raised about the motivation for the U-turn in the Conservative party manifesto—a U-turn that was completed with last week’s announcement. It is important to be clear that this is a volte-face on a previous cross-party agreement. I have yet to be convinced that there is not still the same need for the section 40 legislation, and I have previously tried to debunk some of the myths when I have spoken about it in this House.

Let us not sweep these issues under the carpet—let us have a full and frank debate about them—but we should not let the Leveson issues completely dominate the debate about the Data Protection Bill, because it covers very important issues beyond Leveson, of which I have mentioned only one: the immigration exemption. I look forward to debating these matters further as the Bill progresses through the House.