Nationality and Borders Bill

John Hayes Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Priti Patel]

In fact, the taxpayer will be saving money in the long run. We already spend over £1 billion a year on dealing with the failed and broken asylum system. If the hon. Gentleman has read the Bill and the new plan for immigration, which I urge him to do, he will see that there are a range of measures—

[Sir John Hayes (South Holland and The Deepings) (Con)]

Will my right hon. Friend give way?

[Priti Patel]

I will.

[Sir John Hayes]

I am extremely grateful. Is not the truth of the matter that too often our courts exaggerate the significance of international treaties and obligations and, by so doing, frustrate the process by which we deport illegal immigrants, including large numbers of foreign criminals?

[Priti Patel]

I thank my right hon. Friend for his question and for his observation. There are a range of aspects, certainly through this Bill, that we are seeking to address in order to make courts and immigration tribunals more efficient. It is wrong for them to have endless appeals, where individuals frustrate the appeals process and clog up the system. It is right that we do that because otherwise there will be individuals—genuine people seeking to claim asylum—who are simply not getting their cases heard, and we want to make sure that we can give them the support.

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[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I draw the House’s attention to my declaration in the Register of Members’ Financial Interests.

My focus today in the short time available—I cannot wait for call lists to end—is a very specific element in the Bill: part 4. I co-sponsored the Modern Slavery (Victim Support) Bill with Lord McColl and I am grateful to my right hon. Friend the Home Secretary for meeting me and Lord McColl on a number of occasions to look for a way to improve it before it was published. I spoke on 19 October last year about the need for an immigration provision that provides confirmed victims—I stress “confirmed”—with certainty of recovery and the ability to focus on working with the criminal justice system to ensure that we increase the very low number of prosecutions for offences related to modern slavery. I want the House to hold that thought because it is critical. Our self-interest means being better on that element of the Bill.

Part 4 sets out several reforms on modern slavery. I am aware that the Home Secretary is seeking to meet varying objectives through the Bill and that she wants to reduce abuse of the system. I want to deal with clause 52, which will provide identified potential victims in England and Wales with assistance and support for a period when the person is in the national referral mechanism. Although I welcome the support for adult victims in England and Wales during that period being put on a statutory basis, as is already the case in Northern Ireland and Scotland, the support that clause 52 places on a statutory basis is actually less than is currently provided as a matter of practice in England and Wales, which is a problem. Essentially, whereas the current guidance in England and Wales affords 45 days’ support, as does the statute in Scotland and Northern Ireland, clause 52 proposes a reduction in England and Wales to just 30 days’ support for confirmed victims of modern-day slavery. I draw that to the attention of my hon. Friend the Minister, because it needs to be dealt with.

[Sir John Hayes]

My right hon. Friend has many faults, and I am aware of a handful of them, but one of them is not naivety. He has far more qualities, and his quality will tell him that the system is being gamed by all kinds of unscrupulous people. The risk is that modern-day slavery is one way of gaming the system.

[Sir Iain Duncan Smith]

I simply ask my right hon. Friend to notice what I said: I referred to those who already have confirmed status as a victim of modern-day slavery. This is important, because it means they have already gone through the NRM. It is a question of how we deal with them at that point. This will give time to arrive at the right conclusions.

Statutory support is provided during the national referral mechanism, so having no such support afterwards makes no sense. They go out of the NRM and are suddenly in the cold world, unable to navigate their way and fearful of retribution by those who treated them so badly in the first place. The provision of support to help these people is also in our self-interest, because it is in our national interest to ensure victims get sufficient support to allow them to help police and prosecutors with criminal investigations. In a way, by reducing such support, we are making things worse.

Clause 53, on leave to remain for victims of slavery or human trafficking, is at the heart of the Bill. I co-sponsored a Bill with Lord McColl to provide leave to remain for 12 months, along with assistance and support, for adult victims who want to remain in the UK. I gave evidence on this to the Home Office, and I am therefore disappointed that, instead of addressing the problems with discretionary leave that I highlighted last October, the Government have simply placed current practice, which is clearly not working, into a statutory framework.

Under clause 53, leave to remain will remain discretionary and the same justifications for its provision will apply: being necessary to assist the police with investigations, being necessary because of personal circumstance or being necessary to make a compensation claim.

The ability of a victim to remain in the UK is unchanged by the Bill, and one would therefore expect that the proportion of confirmed victims in receipt of leave to remain would remain low. In other words, this Bill would perpetuate rather than address the current arrangements in which the vast majority of confirmed victims are denied leave to remain in the UK to help their recovery. The police have made it very clear that they want victims to be settled in accommodation so that they know where they are and they can give evidence.

I support much of what the Bill is trying to do, and I understand the motives behind it, but part 4 deals with those from the most terrible backgrounds and facing the worst persecution, trafficked as they are. We need to give them time, and that time will help us prosecute the very people we wish to go after. Being good and decent is a payback to us at the same time.

I support this Bill, but I look for changes to part 4 during its passage.

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[Sir John Hayes (South Holland and The Deepings) (Con)]

Thank you, Madam Deputy Speaker. Welcome to the Chair. Edmund Burke said:

“Justice is itself the great standing policy of civil society; and any eminent departure from it, under any circumstances, lies under the suspicion of being no policy at all.”

Restoring justice and order to the chaotic and confusing asylum system broadcasts that a line in the sand has been drawn that will not fade away with every new boat that arrives on the beach. The Bill is a testament to the principle that laws must be just and be seen to be; otherwise, we can hardly call them law at all.

According to poll after poll, the vast majority of the public see illegal immigration as a serious problem. Is it any wonder when there were 16,000 illegal entrants into Britain last year, with 8,500 on boats? Those are the ones we know about. This year alone, 7,000 have arrived on those boats.

[Richard Fuller]

Does my right hon. Friend not think that somehow turning the debate simply into, “Everyone who claims asylum must have a legitimate claim and everyone who is against it must be racist” does not help in trying to get to the just law that he is talking about?

[Sir John Hayes]

Absolutely, it does not, nor is it just to pillory the public and those who speak for them when they argue that we should enforce the law and that migration should be controlled. As a number of hon. Members have said, legal migration has been out of control for some time, and illegal migration, by its very nature, is both unjust and unfair because it breaks the law. It breaches that principle that people who arrive here and pursue legal routes are doing the right thing and that those who do not are simply doing the wrong thing and should be deported. That is what the public think, and that is what we should say very clearly.

[Stuart C. McDonald]

Is no one on the Conservative Benches remotely concerned that the Bill would see a Uyghur fleeing persecution in China, a Syrian fleeing disastrous war crimes in that country or a persecuted Christian seeking sanctuary on this shore criminalised with an offence that could see them in prison for up to four years, stripped of their family reunion rights, offshored and whatever else? Does nobody on those Benches have any qualms about that whatsoever?

[Sir John Hayes]

Surely the hon. Gentleman must realise that while the principle of granting asylum—of giving sanctuary to people in desperate need—is a noble one, it is being gamed, day after day and month after month, with people travelling through many safe countries before claiming asylum, repeated claims on a whole range of different grounds, and even modern slavery, which we all deplore, being used as a justification to stay here when it is invented. That is to insult—to besmirch—those who are really suffering persecution and who come here in genuine need. It is being gamed, frankly, by a combination of unscrupulous civil rights and human rights activists, and people-traffickers. Although they do not work together in an organised fashion, the combination of the two is damaging public faith in our ability to control our borders. If “take back control” means anything, surely it means taking back control of our sovereign borders.

When the average Briton sees the asylum system being played, it leaves them bewildered, frustrated and angry that we should be taken for such fools. British people do not want to pull up the drawbridge to the world’s needy. What they want is a consistent system that helps the right people in the right way: one that will remove those with no right to stay in Britain just as it protects those we ought to be protecting, not one that grants favour to those who manage to successfully break our laws when they first arrive here.

[Sara Britcliffe]

Does my right hon. Friend agree that, contrary to what the Opposition are saying, the Government are not changing their approach to maritime law and those organisations and individuals will still be able to rescue anybody who is in distress at sea?

[Sir John Hayes]

As my hon. Friend may know, I am a former maritime Minister, and it absolutely right to say that the agreement that we have with the International Maritime Organisation to rescue people at sea is also being exploited by unscrupulous people, and we need to be mindful of that fact.

This Bill goes some way to addressing the huge gulf that exists between public perceptions and those of the liberal establishment that has too much say about too many things in this country. Criminal gangs and desperate economic migrants know that every time bleeding-heart liberals oppose tougher penalties and tougher measures—and so blur the distinction between those in genuine need and those who break the rules—they do immense harm to the cause of genuine asylum seekers.

Finally, let me say a word about foreign criminals, who have been mentioned. In 2010, there were 4,000 foreign criminals here; now, there are 10,000. Surely every one should be deported. We do not want to import crime into our country. We must take back control and we must pass this Bill to do so.

[Madam Deputy Speaker (Judith Cummins)]

I call Angela Crawley.

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[Lee Anderson (Ashfield) (Con)]

Now then, Janis Bite was 13 years old and living in Latvia at the start of world war two. Two years later, the Nazis came. Their request was simple: one male member from each family to go and fight the Russians. It was either Janis, his dad or his younger brother, so Janis went to the Russian front and witnessed the horrors of war in temperatures of minus 40.

When the war ended in 1945, Janis was classed as a displaced person—a refugee. Imagine that. He could not go back to Latvia, because he had been sent straight to Siberia and that is where they sent his dad, so Janis was given two more choices: the US or the UK. So he came to the UK to a small village in Derbyshire, where he and other refugees were housed in Nissen huts in army barracks. He did not complain or whinge or moan about the barracks or set fire to the barracks or make TikTok videos. In fact, they were so grateful to the UK that they all volunteered to work in the fields at local farms picking potatoes and other seasonal vegetables for no pay. Janis met a girl in the village, he fell in love and he later married. He worked hard all his life and had three sons, one of them being Alan in Ashfield. Janis loved his football. He became a British citizen and loved this country. He even went on to meet our Queen. Janis is no longer with us, but his story makes me feel incredibly proud of our great country and its willingness to help people from all over the world.

[Sir John Hayes]

The story my hon. Friend is telling is a story of someone who sought our aid and got it, but would he contrast that with what is happening now? Would Janis not take the view, which has been articulated in this Chamber tonight, that the system that he held in such high regard is now being gamed and exploited, besmirching the good name of our country and people like him?

[Lee Anderson]

I thank my right hon. Friend for his comments. That is absolutely right. I spoke to Janis’s family last week in Ashfield, and they made exactly that point. I will feed that back to them when I get back to Ashfield this weekend.

We have always been a welcoming and tolerant country that has reached out to genuine refugees from all over the world, but just like Janis’s family in Ashfield, most people in the UK do not accept that people travelling here from France in dinghies are genuine asylum seekers—[Interruption.] They are not genuine asylum seekers. We know that many of them have been trafficked with a clear instruction on how to claim asylum once they get here. That is because our asylum system is not fit for purpose, and this Bill stops that.

The Labour party and the Opposition want to bring back free movement. They dislike our points-based immigration system, and now they are going to vote against a Bill that protects our borders and helps us deport foreign murderers and rapists. They will always vote against the British people. This new Bill will ensure that people in genuine need, like Janis all those years ago, get the help they need, and the greedy lawyers and the human traffickers will be told, “No more.” We owe it to people such as Janis who are suffering today to ensure that we have a fairer system that offers genuine refugees a safe haven. This Bill does that.

We have nothing to be ashamed of in this country. We are a kind, tolerant and welcoming country. That is proven by the number of people who risk their lives every single day to get here. If Janis’s family can see that the current situation is unacceptable, surely the Opposition should see that too.

I give a massive thanks to the Home Secretary, who has stuck to her guns. She has listened to the British people and delivered. Opposition MPs want to travel into reality. I will offer this opportunity to all of you now sitting there now with those glazed expressions on your face: come down to Ashfield, come speak to some real people in my towns and villages, and the message you will get will be completely different from the message you are feeding into this House. I am here because of you lot and the attitudes you had in 2019. We are getting tough on crime, we are getting tough on immigration and we are getting tough on law and order.

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[Richard Fuller (North East Bedfordshire) (Con)]

What a great pleasure it is to see you in the Chair, Madam Deputy Speaker.

For many of my constituents, rightly or wrongly, the success of the Bill depends on whether it stops or clearly limits three persistent and frustrating problems with our immigration and border controls. First, it depends on whether the Bill stops or clearly limits the use of the channel crossing by boat or truck to make a claim for asylum; secondly, it depends on whether the Bill stops or clearly limits the filing, over many years, of speculative further asylum claims—frequently on specious grounds—that clog up our system, crowd out legitimate claims, and generally make a mockery of our legal processes; and thirdly, it depends on whether the Bill stops or clearly limits the opportunity for cherry-picking that leads people to make an asylum claim in the UK rather than in the one or many other safe countries through which they travel.

It is for my right hon. Friend the Home Secretary and the Minister to bear in mind that it is on those bases that my constituents will judge the success or failure of this measure, not the rhetoric that accompanies it. To me, however—and, I would say, to some other Conservative Members—there are further aspects that are important. Let me pick up the challenge from the SNP spokesperson, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), on the views of those on this side of the House, because there are aspects of nuance and detail that I think it important to bring out.

First, if the assessment system is to be quicker, it is important for the Government to ensure that claimants have much better access to legal advice. Secondly, if the system is to work effectively, there needs to be greater availability of counselling, psychiatric and other medical assessments. Thirdly, we should once and for all have a culture of getting to the truth, rather than the culture of disbelief that has for too many years permeated the Home Office asylum system.

[Sir John Hayes]

I am intervening for a specific reason. What is actually happening is that the truth is being obscured by repeated claims which many of the people whom my hon. Friend is describing are encouraged to lodge by the unscrupulous lawyers who were given such a plaudit by the hon. Member for Streatham (Bell Ribeiro-Addy).

[Richard Fuller]

My right hon. Friend speaks very wise words.

Let me just say to Opposition Members that there is no monopoly on compassion, and that it does not mean saying that the system must apply to everyone in a particular process. Compassion applies to an individual claim. The importance of our system is that we get to that individual and do not lose sight of him or her. In a previous life as a Member of Parliament, I spoke in a debate on another immigration Bill and bemoaned the lack of compassion in our immigration system. It was encouraging to hear the Home Secretary use the word “compassion” so often, and to hear stories of compassion from other Conservative Members, whether they were about how a council looks after the people who are claiming asylum or about people’s feelings about the system. So there is no monopoly on compassion here, and I look forward to working with Opposition Members in finding ways in which we can make it work more deeply in the Bill.

Police, Crime, Sentencing and Courts Bill

John Hayes Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

[Sir Iain Duncan Smith]

That may be the case, but the reality is that, by law, dogs must be microchipped. It makes no sense to microchip a dog, only for some vets not to scan them. That would mean that people who had stolen dogs could simply take them to the vet of their choice, knowing that they would not be scanned. The point is that if we have an offence, we must follow it through. Those pets must be scanned; otherwise, they will get stolen and sold without redress.

Those were the three areas that were raised with me, and many of my colleagues and friends who have signed these new clauses have also faced the same concerns. There has been a staggering welling up of anger, concern and worry about what might happen to people’s pets. There are some who will not go on walks with their dogs at the moment for fear of what might happen. It is important for the Government to recognise that this is a major concern.

[Sir John Hayes (South Holland and The Deepings) (Con)]

My right hon. Friend is championing a noble cause that many of us feel very strongly about. Has he received the assurances that I have no doubt he has requested from the Government that they share our serious concern and that they intend to act, if not tonight then certainly in due course, on precisely the issues he has raised?

[Sir Iain Duncan Smith]

I thank my right hon. Friend for his intervention. The truth is that I have had a lot of discussions with my right hon. and learned Friend the Lord Chancellor about this, and I feel that he is very sympathetic. I am sure that he can speak for himself, but I hope that he will give an undertaking that the Government will return to this matter in this Bill, at least by the time it is in the other place, and make whatever changes are necessary to the laws and regulations in terms of criminal justice. I have a high hope that that will be the case, but I will leave it to my right hon. and learned Friend to make his position clear when he gets to his feet.

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[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I have absolutely no problem with interventions, but it may be that we can get everybody in if people still stick to four minutes, even if they take interventions.

[Sir John Hayes]

Politics is about values. It always has been, actually, but in the modern age too many politicians —perhaps timid of inspiring or of their capacity to do so, or frightened of causing contumely—have retreated into a drear, dull, mechanistic discourse. Tonight, this Bill and these amendments are a chance to break free of that—a chance to change—because the Government are at last responding to the will of the people who, for a very long time, have believed that the criminal justice system was not weighted in favour of victims or law and order, but too heavily weighted in favour of making excuses for those who commit crime.

The world is a dangerous place. In fact, unimpeded, evil men and women will impose their cruel will upon the innocent. C. S. Lewis said that in living the reality of human imperfections,

“the art of life consists in tackling each immediate evil as well as we can.”

Law-abiding Britons do their everyday part in keeping the fire of social solidarity burning bright, yet too many with power appear to have forgotten how to tackle the evil that seeks to snuff out civilised order. Instead, those who see crime as an ill to be treated have held too much sway for too long. Evil too often receives a slap on the wrist, a stern telling off, and the public’s desire for retributive justice goes unheeded.

We must never forget, as was said earlier, that we serve here at the pleasure of our constituents. Public order and faith in the rule of law depend on popular confidence in the justice system—a confidence that must be earned. People’s sense of right and wrong has changed little over the decades. In 1990, four out of five Britons thought sentencing was too lenient. Today, four out of five Britons think the same. With the number of custodial sentences for sexual offences, theft and criminal damage all falling, it is time for this place to listen. Our constituents despair of having violent deviants freed to hurt again, of seeing non-custodial sentences for yobs and thugs, and of halfway automatic release for some of the most violent people in our society. Many gentle, peaceful people are appalled at all of this. Soft sentencing allows rapists, paedophiles and violent offenders to walk free having served only half their sentence. Given the pain of victims, that is an insult to decency.

This Bill, in seeking to ensure that the most despicable criminals face their just deserts behind bars, is welcome. That may shock the liberal establishment, filled by doubts and fuelled by guilt, but it is much yearned for by the silent majority of Britons and it is long overdue. Shame on those who wish to use the Bill for narrow ends. However, I will not go into the amendments on abortion because you would not let me, Madam Deputy Speaker, but you know what I mean.

Disraeli said:

“Justice is truth in action.”

That is not a relative individual truth but an extension of absolute virtue that people intuitively understand and to which this Bill gives life. Amendments to tackle the wicked scourge of pet theft affirm that truth, as my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) made clear.

The Bill before us today begins to signal that the Government are no longer distracted by the plight of the guilty. It proudly declares that we are devoted to the cause of the innocent and to the pursuit of justice. We must never be timid about being fierce in defence of the gentle, for in being so we stand for the majority of law-abiding Britons. I commend the amendments in the name of my hon. Friend the Member for Shipley (Philip Davies), which, in laying down the truth that I have described, further reinforce a good Bill. It is a start: the beginning of a fightback on behalf of the silent majority.

[Philip Davies]

I am grateful to my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) for his support.

I have 16 new clauses in this group that deal with issues such as extending the time limits for appealing unduly lenient sentences, including for assaulting an emergency worker, under the unduly lenient sentence scheme; limiting the use of fixed-term recalls, ensuring that there is no difference in sentencing between using a knife in a murder in a home compared with taking a knife to murder someone elsewhere; and a sentencing escalator ensuring that people who repeatedly commit the same offence must get a more severe penalty each time they do so, which has a huge amount of support from the public. I hope that the Secretary of State will write to me with his response to each of my new clauses.

In the limited time available, I want to focus on new clause 75, which would ensure that there was no automatic early release of prisoners who assault prison staff while in jail. I would like to see an end to all automatic early release, as alluded to by my right hon. Friend the Member for South Holland and The Deepings. However, as it seems that the Government are not quite with us on that just yet, my new clause would send a clear message to those who assault hard-working and dedicated prison officers and other staff in our prisons that they would have to serve the whole of their sentence in prison if they indulged in that kind of activity rather than, as at the moment, so many people being automatically released halfway through. If jailed criminals attack a prison officer, surely they should lose their right to automatic early release and serve their sentence in full.

Far too many prison officers are being assaulted. They do a very difficult job and we are not giving them sufficient support. We should be doing our bit to prevent these assaults from happening. Clearly, if people knew that they would have to serve the entirety of their sentence in prison, that would be a good deterrent. At the moment, they can assault prison officers and prison staff with near impunity because they know they are still going to be released halfway through their sentence. The number of extra days—I repeat, days—that are given to people when they commit the offence of assaulting a prison officer is derisory. We owe a duty of care to prison officers and should make sure that they are as well protected as possible when they are doing their public service.

That also ties in with the spirit of what the Government have been trying to achieve on attacks on emergency workers. I certainly agree with what the Government are doing in this Bill and I look forward to the Secretary of State bringing forward his proposals to deal with attacks on shopworkers when the Bill goes to another place. I think that showing we are on the side of prison officers, hard-working public servants, in this way would be a very welcome step forward. I imagine that most common-sense members of the public would be surprised to know that this is not the case already, to be perfectly honest.

I have not had any indication from the Government that they are planning to accept my new clause 75. I would love to hear from the Secretary of State why he thinks it is perfectly reasonable for criminals who assault a prison officer not to have their automatic early release stopped and why he thinks it is absolutely fine for them still be released early from their prison sentences. I am pretty sure that lots of prison officers would like to know the same, too. I would like to hear from him on that when he winds up, but I would prefer to hear that he was accepting my new clause 75, which I think the vast majority of people in this House would like to see, prison officers would like to see and the public would like to see.

Grooming Gangs

John Hayes Excerpts

Wednesday 3rd February 2021 Commons Chamber

[Sir John Hayes (South Holland and The Deepings) (Con)]

Facts are often inconvenient. They are sometimes disturbing and occasionally alarming. The facts are that in Oxford, 373 children, including 50 boys, may have been targeted over a 16-year period, according to a serious case review. In Rotherham, as we have heard, 1,500 children—most of them white girls between the age of 11 and 15—were sexually abused, predominantly by British Pakistani men. In Rochdale, nine men who abused girls as young as 13 were convicted over a child sex grooming ring, and we know again that the Pakistani community was disproportionately represented among those convicted.

Those are the facts, but the fiction—well illustrated by the Home Office report published last December, which is a study in obfuscation, by the way—is that we cannot draw conclusions about whether certain ethnicities are over-represented in this type of offending. We must not allow concerns about causing offence to leave children vulnerable to sexual exploitation. Of course it is true that all kinds of people do all kinds of wicked things—people from all parts of this country and of all ethnicities—but there is a proven relationship with certain subcultures and a subset of a particular community being engaged in this activity. The former Home Secretary, my right hon. Friend the Member for Bromsgrove (Sajid Javid) recognised that, as does the current Home Secretary. The reports and studies into these events recognise all that, so let us deal with facts rather than fiction.

Mindful of that, I must also note that the Jay report and other inquiries show a proven link to taxis. Taxis were used to cruise and pick up young girls from care homes and even schools. As the Minister of State for Transport, I commissioned a report into taxi licensing with a view to putting safety at the top of the agenda. That report, which was conducted by Professor Mohammed Abdel-Haq on my behalf, looked at how taxis could be made safer, partly on the back of the events in Rochdale and Rotherham and elsewhere. It is imperative that the Government now look again at that report and put into law those recommendations, which will guarantee that these things do not happen again. My dear friend—though he is not an hon. Friend in the technical sense—the hon. Member for Cambridge (Daniel Zeichner) brought forward a private Member’s Bill which would have gone some way to putting those recommendations in place, and I ask the Government to please look at that Bill again.

The Home Office needs to rethink this matter, and I think the Home Secretary knows it. We owe it not only as a matter of respect to previous victims, but as a matter of care to those who might be victims in the future. We owe it to the vast majority of our British Asian community who share our horror at what has occurred. Most of all, we owe it to ourselves as legislators, for if we care enough, and I believe that Ministers and Members of this House do, we must do enough to protect the vulnerable.

Covert Human Intelligence Sources (Criminal Conduct) Bill

John Hayes Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020 Commons Chamber

[Dame Diana Johnson]

As I said, I support what the Labour Front Bench is doing in making that proposal to the Government and I hope the Minister is able to give us some good news when he responds to the debate at the end of the Committee stage.

Amendments 9 and 10 are very clear on the legitimate and legal activities of trade unions, and that trade unions should be excluded, on the face of the Bill, from any such acts.

[Sir John Hayes (South Holland and The Deepings) (Con)]

Will the hon. Lady give way?

[Dame Diana Johnson]

I will not, because I know other Members want to speak. I need to say just two more things and then I will finish.

Amendment 12, on involving the Investigatory Powers Commissioner within seven days of any criminal conduct authorisation order, is also very welcome, as is new clause 2, on an equality impact assessment.

Finally, I want to pay tribute to the speech made by my hon. Friend the Member for Walthamstow (Stella Creasy) on children and young people. I hope very much that the Minister will address that issue in his closing comments and take up putting the guidance on the face of the Bill, as my hon. Friend suggests.

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[James Brokenshire]

This has been a very informed, considered and thoughtful debate on the various amendments to the Bill that have been tabled for consideration. As right hon. and hon. Members will know, covert human intelligence sources play a crucial part in preventing, and safeguarding the public from, many very serious crimes, including terrorism, drugs and firearms offences, and child sexual exploitation and abuse. In performing that role, it is essential that they can build credibility and gain the trust of those under investigation. At times, that may mean they have to commit criminality in order to maintain that cover.

I hear very clearly the points that have been made about needing to see those powers put on an express legal basis. Indeed, that is the essence of what this Bill is all about. It puts that on a clear statutory footing, putting beyond doubt Parliament’s intentions on the matter. From the contributions we have heard on all sides of the House, I think that that point is recognised—the seriousness of that and its implications for our own security in ensuring that the capability is maintained in order to keep us safe in the future, as it has done in the past, but also recognising the need for confidence in and assurance about how those agencies that act to protect us do so in an appropriate way.

Let me deal with the various amendments, because I do want to make as much progress on that as possible, and where I can I will give way to right hon. and hon. Members in doing so. First, in that context, there is the issue of oversight. The Government’s priority is to provide these public authorities with the powers they need to keep the public safe, while also ensuring that there are appropriate safeguards. This is the balance that the Bill seeks to provide. We do not believe that prior judicial approval, as proposed in amendment 7 and new clause 7, strikes that balance, as it risks the effective operation of the capability. This is a point we discussed at length on Second Reading. There are ways in which we can provide that safeguard and assurance, and prior judicial approval is not the only way to provide effective oversight of investigatory powers.

Members may find it helpful if I set out in more detail why this capability is different from other powers, such as interception or equipment interference. Put simply, human beings are more complex. Any decision on how to use a CHIS has immediate real-world consequences for that covert human intelligence source and the people around them. This requires deep expertise and close consideration of the personal strengths and weaknesses of the individual, which then enables very precise and safe tasking. These are not decisions that have the luxury of being remade. It is even more critical than for other powers that these decisions are right and are made at the right time.

[Sir John Hayes]

Is not the plain truth of the matter that if we define the role and method of those whose mission is to keep us safe who are covertly operating on our behalf, we will, among those they have infiltrated, make known what they are doing and possibly who they are, putting their lives at risk? Is not the principal power and the pivotal power of Government to protect their people? Indeed, it is the defining power of the state.

[James Brokenshire]

My right hon. Friend makes a very powerful and important point about the issues at stake here. That is why we judge that there is, of course, a need for robust oversight to give confidence and to ensure that the powers available here are done in the right way, and we judge that the proposals in the amendments do not achieve that and actually have an impact on the operational effectiveness of what is needed.

Covert Human Intelligence Sources (Criminal Conduct) Bill

John Hayes Excerpts

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[James Brokenshire]

I am grateful to my right hon. Friend for his intervention. Again, I intend to draw out this point during my contribution in the House this evening. He rightly highlights the import and implication of the Human Rights Act and what that then imports in terms of the convention rights, which we are clear provide restrictions and inhibitions on how agencies are able to operate.

[Sir John Hayes (South Holland and The Deepings) (Con)]

rose—

[Mr David Davis (Haltemprice and Howden) (Con)]

rose—

[James Brokenshire]

I will give way twice more and then get into some of the important details that I know right hon. and hon. Members would like me to address.

[Sir John Hayes]

The point surely is that as well as proportionality and necessity, the Bill is particular about specificity, so that those matters that lie outside the specific permission can be challenged in court and can indeed lead to prosecutions. That specificity is at the heart of this measure.

[James Brokenshire]

I am grateful to my right hon. Friend for that point. The issue of specifici—I cannot even say it; I shall settle for saying the specific authorisations that are granted. They are tightly bound and that is important. That is why we published the guidance that sits alongside the operationalisation of the Bill at the same time as the Bill—to give that sense of confirmation and clarity on how it will operate.

--- Later in debate ---

[Sir John Hayes (South Holland and The Deepings) (Con)]

Following the hon. Member for Poplar and Limehouse (Apsana Begum) reminds me of how much we miss her predecessor, who was such a well-respected Member of the House.

Hegel concluded:

“What is reasonable is real; that which is real is reasonable.”

The reality of the means by which we counter the wicked plots and plans of those intent on maiming and murdering Britons—of all kinds and types, by the way—are made reasonable by the character of those deadly schemes. In essence, we must match the most ruthless adversaries in our diligence, determination and decisiveness. To do so is entirely reasonable.

As the Minister said, since 2017 numerous terrorist attacks have been anticipated and thwarted through the skilful efforts of the security and intelligence agencies and the police, but some have not. The death at terrorist hands of 22 innocent civilians in Manchester, including many children, haunts us all. At the heart of our democracy here in Westminster, where four individuals were executed on the bridge and PC Keith Palmer lost his own life heroically resisting the murderer sent to hell by the bullets of other heroes, we saw again what Islamist terror can mean for the innocent. Those and all other tragedies of this type haunt us, but they also harden our resolve. As we are strengthened by grief, those we mission to keep us safe from such ills each and every day need to be sure that we stand for them and by them, and that is just what the Bill does.

[Rehman Chishti]

Like my right hon. Friend, I fully support the Bill going through. He mentioned the Daesh-inspired extremism. Does he agree with me that the first duty of the state is to protect its citizens, and the legislation that has been put through this Parliament on counter-terrorism has been designed with that in mind, irrespective of creed, colour or background? What I have seen with the Prevent and Channel programmes, having sat on the Home Affairs Committee, is that there are now far more individuals from right-wing-inspired extremism than there are from Daesh-inspired extremism. The threat to our country is therefore from both kinds of extremism, and the legislation we put through this Parliament is designed with the duty to protect our citizens of all creeds, colours and background.

--- Later in debate ---

[Sir John Hayes]

That is certainly true, as my hon. Friend will know that I was once responsible for overseeing the Prevent programme and indeed introduced the Prevent duty. Extremism of all kinds that leads to violence and threatens life and limb needs to be countered. The mechanisms we use to do so are common to all those who seek, in my earlier words, to maim and murder us.

When I guided the Investigatory Powers Bill through this House as the Security Minister, I learned that infiltration is a vital tool for our security and intelligence agencies to penetrate terrorist groups. Those brave enough to do so must be credible to those they need to trust them, so it is axiomatic that they must look and sound like those they live among and do as they do. Put simply, if they are to be believed to be a gang member, they need to act like a gang member. If they fail to convince those they infiltrate, it is no exaggeration to say they may be killed—indeed, that is the essence of undercover agents’ work.

The Bill, as has been emphasised repeatedly, provides a clear legal basis for that long-standing, invaluable covert tactic, which enables the detection and discovery of crucial, critical intelligence that other investigative tools might never detect. We have heard, as I have said repeatedly, that 27 terrorist attacks have been averted, in part because of interception and infiltration. Preventing those atrocities has saved real lives of individuals loved and known, who live today thanks to the tireless work of our police and intelligence services.

Of course there must be accountability and scrutiny, as I recognised during the passage of the Investigatory Powers Bill, in which we introduced the double lock to which my right hon. Friend the Member for Skipton and Ripon (Julian Smith) has drawn the House’s attention. We also established the Investigatory Powers Commissioner and, indeed, the Investigatory Powers Tribunal. It is critical that we look at things in a way that reassures members of the public that powers are used only where necessary and proportionate, as the Minister emphasised. Our standards must be maintained as we struggle with threats from those who have no meaningful ethical standards.

As well as being proportionate and necessary, the security agencies’ test for all their work, as the right hon. Member for North Durham (Mr Jones) pointed out, is that the particularity of any criminal endeavour entered into must—as the Bill makes clear—be specific, limited and detailed in permission granted. Where the objective can be secured without criminal activity, it will be; criminal activity will apply only where there is no other credible alternative. It is essential that it be limited to only the activity specifically authorised in the criminal conduct authorisation granted exclusively by highly trained and experienced officers. Moreover, there will be effective scrutiny, with authorisations overseen by the independent Investigatory Powers Commissioner, the ISC kept informed of the use of CCAs, and the tribunal able to investigate any complaints against public authorities’ use of the power.

Reasonableness is defined by the bitter reality of our continuing struggle against the individuals and groups whose defining purpose is to do us harm. It is my estimation that as terrorists become more adaptable and flexible and as terrorism itself metamorphoses, we will need to look again at the power, resources and legal means by which those whom we wish to keep us safe do their work. Historically, major pieces of legislation have gone through this House perhaps every decade or a little more, but I suspect that we will legislate more often as terrorism changes, particularly as a result of the changing nature of communications and other technology.

We must resource and equip the brave men and women who put themselves at great risk in our interest to keep us safe and to safeguard our way of life. To legislate to give them the much-needed powers provided by the Bill is both timely and, most of all, it is reasonable.

--- Later in debate ---

[Conor McGinn (St Helens North) (Lab)]

It is a pleasure to close the debate on behalf of the Opposition. The serious and sombre tone of the debate, which is appropriate given the measures we are discussing, was set by the Security Minister and the shadow Home Secretary. The debate has been well informed and enhanced by the contribution of former Cabinet Ministers, particularly Secretaries of State for Northern Ireland, who have a working knowledge of these matters, and also the former Attorney General and the Chairs of the Intelligence and Security Committee and Justice Committee.

As the Leader of the Opposition has made clear, security is a top priority for the Labour party under his leadership. As I have said before from this Dispatch Box, we will be forceful and robust in supporting the fight against terrorism and crime in all its forms. We consider it our first responsibility to keep this country, its citizens and our communities safe. We will meet our duty to support those who put their own safety and lives at risk to protect us. We acknowledge and understand the purpose of this Bill, which seeks to put on a statutory footing the activity of those working to disrupt some of the most vile crimes imaginable, including terrorism, the activities of violent drug gangs, serious and organised crime, and child sexual exploitation.

We know that the threat from criminal and terrorist activity is very real and that the ability to gather intelligence is a vital tool in disrupting this activity, preventing further crime and bringing those responsible for it to justice. Since March 2017, the security services and counter-terror police have thwarted 27 terror attacks. In 2018, covert human intelligence sources helped to disrupt over 30 threats to life, leading to the arrest of numerous serious organised criminals and the seizure of more than 3,000 kilograms of class A drugs, and taking more than 50 firearms off the street.

During the course of those operations, it is inevitable that agents will at times transgress existing laws in a limited way. This activity has been happening for a long time. It is not always comfortable for us in this House to think about what we need people to do to protect us and prevent harm coming to us, but real life is not a film. There is no Superman, it is not a fairy tale and there is not always a happy ending. That is why it is a step forward that this activity will now be properly covered by statute and open to greater transparency, accountability, regulation and safeguarding in a way that it has not been before.

We are told that under this legislation covert human intelligence sources will not be given carte blanche—the Minister made that very clear. It is therefore absolutely vital that during the passage of the Bill we get those safeguards and the processes and structures for accountability and proportionality absolutely right, both for the maintenance of our country’s hard-won civil liberties and human rights and for the protection of those who undertake such activity, as my hon. Friends the Members for Birmingham, Selly Oak (Steve McCabe) and for Kingston upon Hull North (Dame Diana Johnson) outlined so eloquently.

The Bill is certified as compliant with the Human Rights Act, as the Minister set out. All public authorities are bound by it to act in a way that is compatible with the rights protected by the European convention on human rights, including the right to life, the prohibition of torture or subjecting someone to inhuman or degrading treatment. The Human Rights Act is specifically mentioned in the Bill, providing important and necessary protection. However, it is right that during the Bill’s progress we will be pressing the Government on safeguards as to what acts can be carried out. I therefore take this opportunity to let the Government know, as the hon. Member for Gordon (Richard Thomson) and the right hon. Member for Orkney and Shetland (Mr Carmichael) have, about those areas where we believe the Bill requires scrutiny and can be strengthened on its journey.

We need to explore in greater detail how we might get closer to the specifics of what offences can be allowed, as has been done in, for example, Canada and indeed the United States. There is nothing in the Bill to limit or specify the kinds of offences covered, only that they are to be necessary and proportionate. Despite the fact that the Human Rights Act is applicable in all circumstances, we will be pressing the Minister for an understanding as to why offences such as murder, torture and sexual violence are not explicitly ruled out in this legislation.

Moreover, the Bill certifies that an authorisation may be given only if it is deemed necessary

“in the interests of national security…for the purpose of preventing or detecting crime or of preventing disorder; or…in the interests of the economic well-being of the United Kingdom.”

These are broad statements that could have wide-ranging interpretations, particularly the last of the three, by a large list of agencies. We want to explore some of that and will press for assurances.

We also want to look at levels of accountability and sign-off for authorisation. As the Bill stands, the use of such powers will be overseen by the independent Investigatory Powers Commissioner, who can report on an annual basis. We believe the Bill needs to go further and that each and every authorisation should be notified to the commissioner in real time, so that scrutiny can be robust and ongoing. I also welcome indications from the members of the Intelligence and Security Committee that they too will seek to bring forward safeguards in that respect through amendments.

[Sir John Hayes]

I appreciate the hon. Gentleman’s comments and, indeed, the tone of his contribution, but he must surely acknowledge that being very specific about what covert agents can and cannot do would expose them to great risk, for those they infiltrate would know what their parameters of activity are likely to be.

[Conor McGinn]

The right hon Gentleman makes a very fair point. I completely appreciate that and have taken into account the comments that have been made by Ministers and those with experience of this, but I just seek simply to see whether there is a way that we can add more reassurance for people around some of the specificity of these matters without exposing people to the dangers that have been rightly outlined.

--- Later in debate ---

[The Solicitor General (Michael Ellis)]

Let me start by thanking colleagues across the House for the constructive way in which Members have approached today’s debate. I think we all agree that national security and preventing serious crime is an area in which we want to ensure that operational agencies are best equipped to protect us and keep us safe, and this Bill does just that. It is in that spirit that we have engaged many Members in advance of this debate, and I can assure Members that we will look to continue to work together as the Bill passes through Parliament.

If I may, I will respond briefly to some of the points made during the debate. My right hon. Friend the Security Minister has already responded to a number of interventions, but turning first to safeguards and oversight, I agree with those colleagues who have emphasised the importance of ensuring that there is robust oversight of the use of criminal conduct authorisations, or CCAs. That is why we have a world-leading investigatory powers regime, and it is why there is significant, independent oversight of the use of those powers; few other countries in the world, if any, have such a regime. With regards to safeguards within the public authority, all authorising officers are highly trained. My right hon. Friend the Member for Basingstoke (Mrs Miller) spoke about training a few moments ago, and I can say that these officers are experienced and have clear and detailed guidance that they must follow in deciding whether to grant an authorisation for criminal conduct.

In response to the point raised by my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright), let me confirm that the code of practice sets out that there does need to be a reasonable belief that an authorisation is necessary and proportionate. All authorising officers must be appropriately trained, and the independent Investigatory Powers Commissioner can identify if any public body is failing to train their officers or assess them to a sufficiently high standard. To respond specifically to the point raised by the hon. Member for Belfast East (Gavin Robinson), I can confirm that an authorisation must be granted before activity commences. The Bill does not seek to enable the retrospective granting of a criminal conduct authorisation; this is not a retrospective Bill.

I turn now to independent oversight. The Investigatory Powers Commissioner is entirely independent of Her Majesty’s Government and has wide-ranging powers to support his crucial oversight functions, which include the ability to inspect all the public authorities able to grant a criminal conduct authorisation at a frequency of his choosing. Public authorities are required to provide unfettered access to all of their documents and information, and the results of those inspections are published within his annual report. A public authority must then take steps to implement any recommendations made by the IPC. This Bill looks to provide robust independent oversight, while ensuring that such oversight does not result in a loss of operational effectiveness. Authorisations may need to be granted at short notice, and here I want to emphasise the human element of CHIS, unlike other investigatory powers. That human element means that these decisions cannot really be retaken; they impact directly on the safety and welfare of covert human intelligence sources.

[Sir John Hayes]

While dealing with safeguards and scrutiny, can my right hon. and learned Friend confirm that the tribunal has the ability to deal with any complaints about inappropriate use of these powers? Furthermore, will he do as I did when I took the Act through the House and give an absolute assurance that this will not be applied to civil society organisations, including trade unions?

[The Solicitor General]

Yes I can, and I will come to that point in a moment.

          I have been listening to the views expressed in the debate by the Chair of the Home Affairs Committee, my right hon. and learned Friend the Member for Kenilworth and Southam and the hon. Member for Torfaen (Nick Thomas-Symonds) that providing the Investigatory Powers Commissioner with more real-time oversight would strengthen that oversight. We have always been clear that we are willing to engage with workable proposals; I understand the spirit in which these remarks were made and I am listening carefully.

I thank the members of the Intelligence and Security Committee for their support for the Bill and recognise the important role they play in providing oversight of our intelligence agencies. The Committee’s oversight role is complemented by the work of the Investigatory Powers Commissioner, who is tasked with providing information on public authorities’ use of the power.

The shadow Home Secretary made a specific point regarding the disproportionate impact on women or members of the BME community. Those under investigation are targeted because of their criminal or terrorist activities, not on the basis of such characteristics. If there are any specific concerns, I am of course happy to discuss them further, but I can confirm that that is the case.

Regarding limits, I understand the concerns expressed by colleagues around the House, but let me be clear: covert human intelligence sources will never be provided with unlimited authority to commit all or any crime. They will never be provided with an authorisation that is contrary to our obligations under the Human Rights Act. The Bill makes that specifically clear. This is not a “licence to kill” Bill. An authorisation is tightly bound: it must be necessary, and it must be proportionate to the activity it seeks to prevent.

As my right hon. Friend the Member for New Forest East (Dr Lewis) and others set out, creating a specific list of prohibited activity, were we to do that, would place into the hands of criminals, terrorists and hostile states the means to create a checklist against which suspected covert human intelligence sources could be tested. That would threaten the future of CHIS capability and consequently increase the threat to the public. The Investigatory Powers Commissioner has wide-ranging powers to ensure that the requirements of the legislation, which have been clearly set out in the House today, are adhered to.

Let me deal with some international comparisons. Different countries have different legal systems, threat pictures and operational practices; simply comparing legislation, therefore, gives only a partial picture. However, with regard specifically to Canada—our strong ally, which has been mentioned a number of times this evening—our understanding is that the parts of the Canadian Security Intelligence Service Act to which Members have referred do not actually relate to covert human intelligence sources. The specifics of what a CHIS may be tasked by the agency to do in Canada—the information some say is contained in the Canadian Act—is not on the face of their legislation. That is our understanding.

Regarding the point made about trade unions, economic wellbeing is of course one of the established statutory purposes for which the covert investigatory powers may be deployed by public authorities. That is to recognise the threats to the economic wellbeing of the United Kingdom and that they could be immensely damaging and fundamental in their effect. For example, such threats may include the possibility of a hostile cyber-attack against our critical infrastructure, our financial institutions or the Government itself. However, it is not the intention in the Bill to prevent legitimate and lawful activity, including activity by trade union organisations. Preventing such activity would not be necessary for the purpose of economic wellbeing. Trade unions have historically been a bastion of rights in this country and they are, of course, a lawful authority.

In response to concerns about the Bill’s impact on potential victims’ ability to seek compensation, it is not the intention of the Bill to affect any individual’s ability to pursue a claim for compensation where appropriate. It is not the case that any or all conduct by a CHIS could be exempted from civil liability under the Bill regime.

Finally, I have heard several Members, including the right hon. Member for Orkney and Shetland (Mr Carmichael) and the right hon. Member for North Durham (Mr Jones), question the need for wider public authorities to have the power. These public authorities have important investigative and enforcement responsibilities. It is right that they are given the necessary powers to undertake these functions themselves. Very briefly, I could perhaps give an example to do with the Food Standards Agency, which has been mentioned a number of times.

The Food Standards Agency is tasked with protecting consumers and the food industry from food crime within food supply chains. Examples of food crime include the use of stolen food in the supply chain, the unlawful slaughter of animals, the diversion of unsafe food not fit for human consumption, adulteration of foodstuffs, substitution or misrepresentation of foodstuffs, and document fraud. The continuing presence of an individual within a workplace may necessitate them actively participating in presenting, packaging and relabelling produce in order to misrepresent its quality and fitness for consumption, which would be criminal offences. As I say, all public authorities will be subject to the same robust safeguards and oversight and it is right that we equip them all with the powers they need to protect us.

In closing, we should not underestimate the immense contribution that covert human intelligence sources have made, and continue to make, to protecting the public and this country. We can never publicly set out the exact details of what they do on our behalf, but let me assure hon. and right hon. Members that without them lives would have been lost. They are exceptional people, courageous and devoted, and we are all grateful to them. It is right that covert human intelligence sources, their handlers and the public authorities to whom the Bill relates have the certainty and clarity to continue to use this tactic. It is also right, however, that this is subject to robust safeguards and independent oversight. This legislation will achieve both those things and ensure we can continue to bring to justice those who want to do us harm.

Question put, That the Bill be now read a Second time.

Channel Crossings in Small Boats

John Hayes Excerpts

Wednesday 2nd September 2020 Commons Chamber

[Chris Philp]

I have repeatedly outlined the safe passages or safe routes that already exist, which many tens of thousands of people have availed themselves of. In relation to legal processes, there are loopholes in our legal system at the moment that are frequently exploited, and this Government are determined to close them.

[Sir John Hayes (South Holland and The Deepings) (Con)]

According to a poll, 77% of the public see illegal immigration as a serious problem. They know what the Minister knows: that the system is being gamed. Asylum is a noble cause—giving safe haven to people in genuine need is something to be proud of—but the system is broken and needs to be fixed. I have complete confidence in the Home Secretary and her diligence, dedication and determination. When will we see root-and-branch reform in the form of legislation?

Domestic Abuse Bill

John Hayes Excerpts

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Chris Bryant]

This is what happens all too often: a man, and it is normally a man, comes home, perhaps he is drunk, or he loses his temper, or he quietly and dispassionately decides to deal with his partner to teach her a lesson—perhaps to slap her around a bit. Maybe he lashes out with a punch to the face, or he shakes her violently, repeatedly and at length, or he strangles her, or he pushes her down the stairs. I have heard of men slamming their partner’s head against the wall, against the door, against the bathroom cabinet, against the toilet bowl, against the kitchen worktop, or against the oven.

These are horrific instances, and in many, many cases there is absolutely no visible wound, or even a bruise, but the damage is invisible and internal, inside the brain. That internal damage can last for years. The woman, and it is normally a woman, may suffer from anxiety or depression expressly because of the injury to her brain. She may suffer from memory loss. She may be more confused. Her language—her speaking—may often be slurred because of the brain injury. Many may doubt her in the criminal justice system because she is confused and finds it difficult to turn up to events on time having lost some of her executive functions. She may suffer from terrible fatigue, which is a very common aspect of brain injury. It is almost certain that she will not have gone to the doctor about it, either because she has a coercive partner who will not let her, because she is frightened of talking to anybody about the domestic abuse that she has suffered, or because she does not realise that a brain injury can do as much damage as any other kind of injury.

Depressingly, we have very little idea of how common this is in this country, because there has been remarkably little research done. That is why my amendments, which are tiny little amendments, seek to redress the balance a tiny little bit. In the United States of America, some work has been done showing that 88% of those referred to a traumatic brain injury clinic from local abuse services had had more than one brain injury from their partner. Only 21% of them had ever volunteered to go to the doctor with it. Work done by Ohio University found that 81%—81%—of domestic abuse survivors had received a blow to the head. But in this country we have no idea of what the true numbers are.

The Disabilities Trust did a really good piece of work in Drake Hall Prison with women prisoners coming on to the secure estate for the first time. It found that 64% of women had had a brain injury and 62% of those injuries had been from a domestic violence incident.

[Sir John Hayes (South Holland and The Deepings) (Con)]

I welcome and endorse the hon. Gentleman’s excellent amendments. Not for the first time, he has brought brain injury to the attention of this House. I wonder if I might, through him, invite those on the Front Bench, either by means of an intervention now or in the concluding remarks, to commit to the kind of research that he has recommended to the House.

[Chris Bryant]

I am grateful to the right hon. Gentleman, who has been a doughty advocate for those who have suffered from brain injuries, not least because of his own experience. That has been invaluable to the House.

The Disabilities Trust’s work, and work that has been done with male prisoners across the estate, was the result of a pilot scheme introduced by the Ministry of Justice. It has been very effective. It is very simple screening —just three simple questions are asked of prisoners arriving. Nevertheless, it has enabled people to rectify some of the problems within the prison—for instance, prisoners who, because of their brain injury, find loud noise, clanging, smashing and things like that to be very disruptive to them. They have, very simply, been able to be put down at the quiet end of the prison. Sometimes, very simple measures have transformed the experience of those individuals and the likelihood of their reoffending, and given them a better opportunity in life.

That is writ even larger when it comes to women prisoners. The evidence is clear that many of the women coming into prison have been victims of domestic violence themselves, so the victim ends up being victimised a third time. All my new clauses are designed to ensure, first, that every single woman coming on to the prison estate is screened—a very simple screening, involving three questions, as has already been done in Drake Hall—and secondly, that every woman coming on to the prison estate who it has already been decided is a victim of domestic violence should be screened for brain injury, so that we can give such women the proper neurorehabilitation they require, so that they can understand the condition they have and lead a fuller life.

I was disappointed by the Minister earlier. I am sure she did not intend to mislead the House, but she said that the national screening agency—I think she means the National Screening Committee—considered screening, when in fact the committee considered screening every single adult in the country for domestic violence. That is not what we are talking about here. I hope she will correct the record when she winds up the debate.

[Sir John Hayes]

I am pleased to follow the hon. Gentleman, who, as I said, has made a persuasive case, to which I hope the Government will respond in the way he suggests.

For most of us, home is where the heart is; it is where we find love and warmth. I guess that most people here would say that is true of their constituents, by and large, but for too many of the people we represent, home is where the hurt is. It is a place of hate and pain—a pain that, for many of them, dare not speak its name, because they feel shame. The irony—the bitter irony—is that some of the victims of domestic abuse feel that they are in some way to blame, that they are in some way guilty, and it goes on year after year, unrecognised, unnoticed, and therefore untreated, undealt with. This Bill is a brave Bill that, to some degree, begins a process. It will not end here; this is a start, not a conclusion. It begins a process by which we can highlight, recognise and then act upon this awful spectre of domestic abuse.

I remember the case of a constituent who came to see me. We all have, every week, every month, horrible things to deal with—things that are memorable in the worst way—but this constituent stands out in my memory. It was a gentleman I knew—I had known him for years; I knew his son. I had no reason to believe he was unhappy —he was always cheerful, a rather jolly sort of chap in his mid-50s. He arrived at a surgery; I did not know why, as I had received no notice of what he wanted to see me about. He sat in front of me and, with almost unbearable tension in the air, revealed to me that he had for years been the subject of domestic abuse. His wife had been beating him. He was a disabled man, so the poignancy of that exchange was exacerbated by knowing that she was much stronger than him and much more powerful. As he burst into tears, I recognised that he was far from the only person like that in my constituency and in all our constituencies. In two thirds of cases, the victims are women, but they can be men, too. That personal experience gave me an insight of what domestic abuse can be and mean for so many of those we represent.

         G. K. Chesterton remarked that

“the business done in the home is nothing less than the shaping of the bodies and souls of humanity.”

Home is where most of our experiences take place, and the impact on the formation of an individual’s earthly experience happens disproportionately in homes. That is why the Bill is important and why I commend so warmly Ministers for bringing it to the House, and particularly my great friend, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins)—I mean no disrespect to my equally good friend, the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), by the way—for championing this cause.

My new clauses seek to do two things, as the House will have seen. The first is to monitor the connection between the kind of relationship that people are in and the propensity of domestic abuse. There is some evidence that the sort of relationship in which people are fitted has an impact on the likelihood of domestic abuse taking place. While postmodernists may resent the idea that the Government should play a part in family formation and social solidarity, I do not share that view because I am not postmodern—in fact, I am not even modern, as many people here know. I ask the Government to look at that in some detail, because there is some disturbing evidence to suggest that some kinds of relationships are particularly prone to domestic abuse, which is a heinous crime by any measure.

[Marco Longhi (Dudley North) (Con)]

Does my right hon. Friend agree that we must absolutely not allow this vital piece of legislation to be potentially used by abusers to coerce pregnant women to have an abortion, and that our duty of protection towards vulnerable people should also have regard for the life of the unborn child, so new clause 28 has no place in the Bill?

[Sir John Hayes]

I was not going to deal with new clause 28 because it has been debated at some length, but I simply say to the hon. Member for Kingston upon Hull North (Dame Diana Johnson), who tabled it, and who is a respected and experienced Member of this House, that it was not wise to do so for two reasons: not only because it is imperfectly drawn up, but because, if anything, it takes emphasis away from the main thrust of the Bill, which is to deal with the heinous crime that I have described—

[Dame Diana Johnson]

Will the right hon. Gentleman give way?

--- Later in debate ---

[Sir John Hayes]

I will in a second. But more than that, it may even frustrate the very purpose of the Bill by putting vulnerable women, already suffering from the fear that I described, into an even more fearful circumstance. I happily give way to the hon. Lady, who will no doubt put a counter-view.

[Dame Diana Johnson]

I am grateful to the right hon. Gentleman for giving way. I want to make it clear that the new clause was obviously drafted to be perfectly in order—it refers to victims of domestic abuse and the particular circumstances they find themselves in in accessing reproductive healthcare—so I am getting a little frustrated. I hear what hon. Members think about the way the clause is drafted, but it is perfectly in order to put a new clause in the Bill about women who are suffering from domestic abuse.

[Sir John Hayes]

I think there are times and places to have these debates. We take different views, but this is not the time or place to have the debate, and to say more would be to worsen that sin.

I mentioned the research about particular kinds of relationships. The Office for National Statistics research from the year ending March 2019 shows that cohabiting women are almost three times more likely to have suffered domestic abuse than married women or women in civil partnerships. The figures also demonstrated that separated women were significantly more likely to suffer abuse than those in relationships, so there are issues around the connection between abuse and particular family circumstances.

My new clause 3 calls for the Government to look at the character of these crimes and the sentences they attract, with a view to raising the minimum and maximum sentences. Frankly, we ought to be doing that in all kinds of cases, but this crime in particular warrants the Government looking at these things again. I hope that the Government will look at my new clauses. I will not press them because, rather in the spirit that I have just suggested, this is a time for the House to come together in common cause, not to be divided, which is another reason why I am disappointed with new clause 28 and hope that the hon. Lady will have the grace not to press it.

C. S. Lewis said:

“Love is not affectionate feeling, but a steady wish for the loved person’s ultimate good”.

Supporting my new clauses will help do good, as will the Bill.

--- Later in debate ---

[Robert Buckland]

I am grateful to my hon. Friend for the way in which she brought the issue to the debate via her amendment and the constructive approach she has consistently taken. Yes, I can give her that assurance, which will come in several forms. Research is being done by the Government Equalities Office on this sensitive and important issue. That will be published soon, and through legislation and the online harms policy, which my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport is responsible for, we have again a vital opportunity for early action to deal with the issue she rightly raises.

The Bill has been a prime example of how the Government, parliamentarians and campaigners have come together to identify an area where the law falls short and done something about it, yet we recognise that, in relation to a number of other issues, there is still more to be done. The recent publication of the report by the expert panel on harm in the family courts and the Government’s implementation plan affords, I think, a unique opportunity for the family justice system to reform how it manages private family law cases involving children. I put on record my own personal commitment to the process. That report was uncompromising, it made for difficult reading and it was critical, but I felt strongly that it had to be published, warts and all, because if we are going to deal with this problem, we have to be honest about the failures of the past, and through that process of honest assessment come up with something better. We owe it to the families who look to the court as a place of resolution rather than a place of further abuse, strife, hurt and horror.

The panel received more than 1,200 submissions of evidence and the report provides significant insight into the experience of victims of domestic abuse in family courts. It is a launch pad for the actions that we are going to take to better protect and support children and domestic abuse victims throughout private family law proceedings. There is more work to be done, because I strongly believe that although the adversarial principle is an important one and serves to advance the interests of justice in many settings, in private family law proceedings in particular we have to look for a better way to resolve the issues and to achieve a higher degree of justice for everybody involved, not least the children whose voices must be heard and who, despite the best efforts of the Children Act of 30 years ago, still do not necessarily get their voices heard in the way that we owe it to them to allow.

[Sir John Hayes]

While my right hon. and learned Friend is in the mood to concede and be generous, might I ask him to look again at the issue of maximum and minimum sentences? He is of course right that during legal proceedings victims should be treated with the respect and regard that they deserve, but once people are convicted, there needs to be exemplary sentences—there needs to be just deserts. Will he look at that issue through the prism of the new clause that I tabled, which I have no doubt inspired and impressed him?

[Robert Buckland]

My right hon. Friend he tempts me into new territory. As the Government and I develop a White Paper on sentencing reform that will be published later in the year, we will have ample opportunity to engage properly on such issues. My right hon. Friend knows that I come to this role with, shall we say, a little bit of form on the issue of sentencing and a long experience in it, and I want to use that White Paper as the opportunity to set something clear, firm and understandable that will only increase public confidence in the sentencing system in England and Wales.

Before I move on to the question of migrant victims, I pause to pay warm tribute to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and, indeed, to the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), who is part of my ministerial team at the Ministry of Justice. Together, they did not just do their duty, but did it with zeal, passion and a deep commitment to the issues. I know that that commitment is shared by Opposition spokesmen, too, and pay tribute to them for their assiduous work on this issue. True cross-party co-operation can move mountains, and this Bill is an emblematic example of that important principle.

Let me return to the important issue of migrant victims of domestic abuse and the review that has been conducted. We acknowledge that more needs to be done to support migrant victims who do not qualify under the destitute domestic violence concession or other mechanisms—that is very clear—but we do need to assess precisely that need, as outlined by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle. That is why the £1.5 million pilot scheme that is to be launched later in the year will provide support additional to the mechanisms that have already been discussed. It will also provide the evidence necessary to help to inform decisions about a long-term solution.

The provision of better protection and support for victims of domestic abuse and their children is at the very heart of the Bill. In the first Second Reading debate —on the previous version of the Bill—I told my own story about being a young barrister dealing with a domestic abuse case, one of many that were dealt with somewhat differently, shall we say, in those days from how they are dealt with now. That does not necessarily mean that we should be complacent about where we have come to with regards to how we deal with domestic violence, but it is right to say that if the phrase “It’s only a domestic” has not previously been consigned to the history books, this Bill will make sure that it is. We owe it to the 2.4 million victims a year to ensure that the justice system and local support services work better for them.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

John Hayes Excerpts

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Nicola Richards (West Bromwich East) (Con)]

I support the contents of this Bill. It is straightforward and to the point: we are delivering on our promises in ending the free movement of people from the EU. The calls to end free movement of people were never about some skewed idea that the British people are inherently xenophobic. They were never, as some have attempted to brand them, part of a wider project to shut our island off from the rest of the world.

I have always been a strong believer in the need to open up our immigration system to the best talent from across the world, and not limit ourselves. This Bill is not designed to shut people out. The coronavirus pandemic has shown that we need to co-operate with our friends and partners across the world even more closely as we look towards our collective recovery. We are of course committed to controlling and reducing migration overall, but this must be done by extending the opportunities open to those from other countries outside the EU.

On new clauses 7 and 8, I hear the concerns of my colleagues across the House.

[Sir John Hayes (South Holland and The Deepings) (Con)]

My hon. Friend is right about the balance between migration from outside the EU and from within it, but we need to cut immigration per se. It is not just a question of displacement. This is a question of cutting immigration, as we committed to do and as the British people want us to.

[Nicola Richards]

I agree with my right hon. Friend. Obviously, we want to reduce the numbers on immigration. We were not able to do that while we were members of the European Union, but overall, it limited the number of countries and the areas that people were able to come from and that is what we are putting right now.

On new clauses 7 and 8, I  hear the concerns of colleagues across the House, but I am pleased to hear that the Home Office already looks to avoid detention altogether where this is possible through community engagement programmes, and that detention is only really made where there is a reasonable timescale for the removal of an individual. I agree that detaining an individual indefinitely is wrong and should not happen.

Our current dual immigration system is simply not fit for purpose and does not serve our interests as a country. That is exactly what the people of West Bromwich East tell me. From Friar Park to Great Barr, people have been saying the same thing—that the EU does not and did not work for us. It became a one-size-fits-all club, especially with regard to immigration, and we have had enough.

I have said in the House before that we Black Country folk are proud of our diverse communities and we value those foreign nationals, both from the EU and elsewhere in the world, who help to deliver a world-class health system. I am really pleased that the new points-based immigration system will not just allow, but actively welcome a range of health professionals to this country. Our NHS simply would not function without the dedicated army of foreign nationals who work in it. We can see this on display in every hospital across the country, including Sandwell General Hospital, which serves so many of my constituents so well. The Bill allows us to further protect our treasured health service, as we can go beyond the strict arrangement that we have been bound to while in the EU by adding more flexibility to the way that we recruit our doctors and nurses. So we should embrace this opportunity.

This short Bill is the natural precursor to the immigration framework that we want to operate under once the transition period ends. It is surely right that, in an open, tolerant meritocracy, such as the one we have in Britain, we should have an immigration system based on skills rather than nationality. I also welcome the Immigration Minister’s commitment to a “digital by default” system. I know from my own casework that this has been a difficulty for some people and I am pleased that we are looking to make these necessary changes.

A simpler, fairer immigration system is what the Bill will pave the way for. I think that it is a landmark moment, given the strength of feeling about immigration in our communities, and it proves that the Government are getting on and delivering on their promises. This is democracy working at its very best. We are stripping away the old and allowing ourselves to be bold and ambitious moving forward. I want the people of West Bromwich East to know that this is what we voted for and it is what we are delivering on. I commend the team at the Home Office for their work, and I commend the Bill in its current form.

Oral Answers to Questions

John Hayes Excerpts

Monday 8th June 2020 Commons Chamber

[Kit Malthouse]

My hon. Friend is one of the most original thinkers in the House and therefore it is no surprise that he champions innovation in all things, including crime fighting. Yes, he is absolutely right, there is lots more we can do in harnessing technology to fight crime, and I would be very interested, when we get back to normal, to visit his constituents and see ToolWatch for myself so that we can take it and promote it to the industry more generally.

[Sir John Hayes (South Holland and The Deepings) (Con)]

If her Department will introduce a cap on the number of immigrants permitted to enter the UK each year.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I thank my right hon. Friend for that question. He has long experience of matters such as this in the Home Office and elsewhere. On 1 January, for the first time in decades, the United Kingdom will have full democratic control over our immigration system, giving us power to determine who comes here and for how long. We do not intend to impose a cap, but our points-based system will ensure that only those with the skills our country needs come to the United Kingdom, and it is our expectation that total migration, as a consequence, will reduce.

[Sir John Hayes]

With the post-covid economy facing unprecedented challenges and the prospect of job losses, in the same spirit that the Home Secretary showed in condemning this weekend’s wicked violence, will the Minister look again at the resident labour market test, which means that jobs have to be offered here before they can be filled from abroad? Rebuilding Britain mean backing British workers.

[Chris Philp]

My right hon. Friend is correct that we want to encourage as many people as we can from the UK to take up job opportunities that are available. Our objective, ultimately, is to see a full rate of employment. We have laid out the points-based test that will apply from 1 January next year, ensuring that only people with high skills can come here, but it is up to this House and this Parliament to keep that under review, to ensure that we are striking the right balance in the way he describes.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

John Hayes Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 18th May 2020 Commons Chamber

[Sir John Hayes (South Holland and The Deepings) (Con) [V]]

Migration is a feature of all advanced economies and free societies; some people come and others leave, and it has always been so. For the period from the 1930s—

[Madam Deputy Speaker]

Order. I do not want to interrupt the right hon. Gentleman, but the sound quality is a bit of a problem. We are just seeing whether it can be improved. Let us try again. Sir John Hayes.

[Sir John Hayes]

Thank you, Madam Deputy Speaker. Migration is a feature of all advanced economies and free societies; people come and they leave, and that has always been so in our country. From the 1930s to the 1980s, migration was essentially in balance—some years, more people left the country; others, more people arrived—but from the mid-2000s, that changed dramatically. The level of net migration that this country has endured since that time is unprecedented.

Last year, about 640,000 immigrants arrived in Britain. That is 100,000 more than the populations of Manchester and Sheffield. When we take into account the number of people who left, the net figure was around 200,000, as it has been, year on year, for a considerable time. I just do not think that is tenable or practical. It clearly places immense demands on all kinds of services, particularly housing, and, frankly, the British people are not satisfied that that is the right way forward, which essentially is what they broadcast in the referendum. Of course that was about more than immigration, but for many, our inability to control our borders, and the consequent effects of large-scale net migration, was a salient factor in why they voted to leave the European Union and end free movement, which is what the Bill does.

The problem is exacerbated by the fact that too few people in the political establishment are prepared to face up to the sentiments I just described, which are widely felt by British people. Trevor Phillips, the former chairman of the Equality and Human Rights Commission, put it this way. He said that mass migration risks igniting the “flames” of racial conflict because of “liberal self-delusion” over its impact by leaders too “touchy”, “smug” and “complacent” or “squeamish” to talk about the issue.

Of course it is true that people who come to this country do much good—we have heard a lot about that, and I could obviously quote examples from my own constituency—but there are other effects of migration of people into low-skilled occupations. When we say “low-skilled”, it is not a pejorative remark; it is a statement of fact. Some jobs are more skilled than others.

The effects of large-scale migration into those jobs have been fivefold. It has displaced investment in technology, particularly in automation; it has held down wage levels, which has been undesirable both from the migrants’ point of view and for people already here; it has encouraged under-investment in training and skills, and it has built an economy that is increasingly ossified by a dependence on relatively low-cost labour rather than the high-tech, high-skilled economy that we need to compete and thrive. But more than that, the unwillingness of successive Governments to tackle this issue has undermined public faith in the efficacy of Government and the willingness of Ministers to face the facts. Now we have a Home Secretary, the Minister on the Front Bench—who I see there now—and a Prime Minister who are willing to face the facts and take decisive action, which is what this Bill does.

I simply end by saying this: in the words of G. K. Chesterton, we should not take a fence down until we know the reason it was put up. The reason we have borders is because it is right that the British people and those they elect to represent them should decide who comes to our country, in what number and why. This Bill is a start, but I finish with these remarks, and a challenge to the Minster. First, we must deport more illegal immigrants. It is extraordinary that the recent Governments, the coalition and the Conservatives, are deporting fewer illegal immigrants than previous Labour Governments were. Secondly, we must be careful about the number of work visas issued. Thirdly, we must keep a watch on net migration as we go forward, so that what we do is in tune with what the British people are prepared to warrant.