(1 year, 9 months ago)
Commons ChamberI thank the hon. Gentleman for his entirely correct assessment that this is not just about the Government. Actually, it is not just about this House, but about many of the businesses that support us in various ways and many of the businesses that we are privileged to represent in the communities that we are lucky enough to serve. I absolutely agree that this is a matter for all of us.
I also pay tribute to the hon. Gentleman for the tone in which he has approached the issue, because the reality is that I will have to bring—in fact, will willingly bring—reports back to the House, but some of them may be caveated. They may not include some details that Members would quite understandably ask for, but which may not be appropriate for wider reading, for reasons that the hon. Gentleman understands and has already expressed. I assure him that I will ensure that this House is able, in the appropriate way, to scrutinise the work that I conduct on behalf of our people and our country.
What urgent action will the Government take so that we grow more of our own food, produce more of our own oil and gas, and refill our depleted reservoirs? Having more domestic supply of the basics is now fundamental to national security, given the obvious threats from Russia and others.
I will not comment on the details of the taskforce, but I think I can safely say that that is a little beyond even what I was hoping for. I will not go into details, except to say that my right hon. Friend is absolutely right: the reality is that supply chains in our country and around the world have changed as covid has influenced different issues, and sadly the nature of the decoupling that some states have sought to pursue has changed the way in which we must consider our own security.
(1 year, 9 months ago)
Commons ChamberI strongly support all that the Home Secretary said in her opening statement: she spoke for the nation in saying we need to control this problem, and she spoke for all those caught up in these tragic events. I hope that all men and women of good will get behind her, and that the Home Office fully supports her in making sure we can speed up processing and return all illegal economic migrants to the safe countries they came from.
My right hon. Friend speaks a lot of sense, as always, and he is right; the British people have had enough of an out-of-control borders system. It is incumbent upon this Government to address that, and I know for a fact that this Prime Minister takes the problem extremely seriously, and I know he will leave no stone unturned until it is fixed.
(2 years, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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Again, I will not comment on operational matters or matters that are also before the courts at the moment, because, as the House knows, that would be improper. I refer colleagues to previous comments that I have made in the House, including that unaccompanied asylum-seeking children will not be transferred under the partnership.
We all wish to end abusive people trafficking and the dreadful journeys across the channel. As the Opposition’s only idea to tackle it is to let in every economic migrant who wants to come, will the Minister tell us how much it costs taxpayers in Britain to set up every economic migrant in decent circumstances when they arrive?
It is fair to say that the costs associated with this illegal migration to our country are considerable and unsustainable. That is why we have the new plan for immigration in place to get it under control and ensure that those who follow the rules and seek to come here through safe and legal means are not disadvantaged by those attempting dangerous and unnecessary crossings as we have seen. For example, we are spending nearly £5 million a day on hotel accommodation in the asylum system. That cannot carry on, and that is why we must act as we are proposing.
(2 years, 5 months ago)
Commons ChamberThe hon. Member makes an important point. Having been to Poland myself and seen the processes—I am also due to speak to my Romanian counterpart later today—I know that they have issues about capacity. We have had requests for technical capacity and support not just through our VACs but to help the host countries to do a lot more work at the borders. We are doing everything that we can.
The hon. Member also mentioned his constituent. If they are in Poland, we have got a huge amount of capacity and plenty of spaces for people to be processed, but they do need to come to our centres. If he would give me their details, I will ensure that we are joining that up in country.
The Home Secretary has a lot of support on the Government Benches for the compassionate and sensible way in which she is going about this. Will she confirm that she is listening both to what the refugees want, which is often not a long-term settlement a long way from Ukraine, and with regard to the security issues that this all poses?
My right hon. Friend is absolutely right. I must emphasise that every single crisis requires a bespoke and unique response. There are two very big calls coming from the region and from our counterparts. First and foremost, they are asking for help on security measures right now; that consistent theme is coming over. That comes down to checks—they are undertaking checks—but they are also very concerned about wider security issues, some of which I simply cannot discuss in this House, for clear reasons. The second point—even the Ukrainian ambassador made this point to me yesterday and I hear it every single day from my counterparts—is that there is a call to keep people in region. There is a big demand for that, and that is where the wider aid effort has to focus, in addition to the work that we are doing on humanitarianism.
(2 years, 8 months ago)
Commons ChamberI am very grateful to the shadow Minister for her various questions and of course the assiduous way in which she always goes about these matters. We spent quite a lot of time together debating the Nationality and Borders Bill in the Committee that considered it in great detail. The point that I would make initially is that what we are talking about here is a very considerable number of arrivals. Of course, it is right and proper that we have appropriate and safe facilities in place to process those arrivals in a manner that is fitting and of course has safety at the forefront. We believe that the steps I have set out today are necessary to achieve that and to make sure that we have the capacity, with the ultimate aim of course of stopping these crossings from happening in the first place, which is something that we are continuing to work towards.
On the point about inadmissibility, as I have explained several times in different settings in this House, that is very much about our future policy and where we are hoping to get to. We believe very strongly, and I know that Opposition Members have different views on this, that people should seek asylum or claim asylum in the first safe country that they reach. That is of course the quickest route to safety. The shadow Minister will also know that we are continuing to look at what more we can do on the issue of returns along those inadmissibility lines, and upholding that very long established principle under successive Governments of both sides that people should claim asylum in the first safe country that they reach. Those negotiations and discussions are ongoing, as she would expect.
On asylum processing, of course one thing that I very much want to see, as do my ministerial colleagues, is cases decided more quickly. We want to provide sanctuary to those who need it as quickly as possible and to return those with no right to be here without needless delays. That is what our Nationality and Borders Bill and the new plan for immigration are all about. We are getting on: that Bill is passing through the House, and we will operationalise the measures in it as quickly as possible on Royal Assent. I think that is what the British people want to see. It is the right and responsible thing to do, and that underpins the entirety of our policy.
On Napier specifically, we have been responsive. Again, we have set out many times the improvements that have been made to that site. It is right that, for example, when the inspectorates come in, look at these sites and offer recommendations, those are considered properly and thoroughly, and acted on as appropriate. That is why we respond formally to those reports and set out the steps that we intend to take to address any of the issues raised.
On the point about Afghanistan, what I will do—if I may, given that today we are debating the issue of Manston specifically and the triaging facility—is ask my hon. Friend the Minister for Afghan Resettlement to provide an update to the shadow Minister.
How many hotels have now been contracted to deal with illegal migrants and with asylum seekers under Government contract, what is the current year’s budget for all this work and will the Minister promise that, in future, MPs in any constituency where new facilities are going to be procured will be consulted first?
I am very grateful to my right hon. Friend for his question. Of course, as is standard practice, budgets are agreed formally with the Treasury in the usual way. I think it is fair to say that, as Ministers, our door is always open to talk to colleagues about concerns they have about particular circumstances in their own constituencies. I think it is fair to say we are facing very considerable pressures at the moment in this space and it is important that all parts of the country do their bit to help to address some of these challenges. I would encourage local authorities that are not currently assisting with that work to look at how they can help, particularly along the lines of the dispersal model. But to be clear to the House, we want to get away from this reliance on hotel accommodation. We are working towards that objective and that is the right approach.
(2 years, 8 months ago)
Commons ChamberAny right-minded or fair-minded person would think it was entirely appropriate for people to engage with the immigration system in this country in an appropriate manner that complies with our evidential requirements. People should comply in the spirit of good will, because inevitably we want to provide sanctuary to those in need of sanctuary at the earliest opportunity possible. That is entirely what our reforms seek to achieve. We also think it is right and proper—as do, I think, the British people—to remove those who have no right to be here.
If the legislation is carried in the way the Minister wishes, what impact will it have on the awful, vile trade through small boats? Will it stop it? Is there a danger that the UK courts will overturn the intent?
The measures in the Bill are significant. We have recognised—the Home Secretary has consistently recognised this and I recognise it as the Minister responsible for tackling illegal immigration—that the asylum system in this country is currently broken. The length of time it takes to process claims is unacceptable and we need to improve the situation. The Government’s intention is clearly stated: to improve the way we process claims. We expect individuals who seek to claim asylum in this country to comply with the requirements, but of course safety nets are in place, for good reasons, so that it will be taken appropriately into account if people cannot meet the deadlines. We believe that progressing on the basis of processing claims more quickly and removing those with no right to be here will make quite a significant difference. Importantly, it is also about the work that we do not just with our nearest neighbours in, for example, France and Belgium—that collaboration is important and is delivering results, and we want to secure a returns agreement that will help to build on that—but further upstream in removing those with no right to be here back to source countries.
My hon. Friend is absolutely right. To ask servicemen and women to pay for the privilege of living in the country that they fought for and were prepared to defend is completely unreasonable. The current situation is embarrassing, and we ask the Government to do the right thing and waive fees for veterans seeking citizenship.
I will give way one last time, but I must make progress.
The hon. Gentleman is generous. Does Labour think there should be any limit on the number of people we invite in each year as migrants, and if so, what should that limit be?
As I have made clear, I am speaking about Commonwealth veterans who are fighting for us, defending our country. We very much support waiving the fees for them to become British citizens.
I will move on. Clause 11 is a particularly pernicious part of the Bill. As well as creating two tiers of refugees, it seeks to criminalise some refugees according to how they arrive in the UK. Criminalising people who are seeking our protection is a clear breach of the refugee convention and our obligations under international law. Let us consider the implications of that. Under clause 11, it is possible that an Afghan national facing persecution from the Taliban, Uyghur Muslims facing persecution in China, or a Syrian national facing persecution in Syria, could be criminalised. They could be criminalised merely for the way they arrive in the UK, yet their claim for asylum due to the persecution they faced has not lessened because of their means of arriving in the UK—of course it hasn’t. While the Government do little to secure safe and legal routes for persecuted groups, it is cruel to criminalise people who are escaping torture or death. Moreover, no evidence has ever been produced to suggest that such a measure will deter those irregular journeys, as the Government claim.
As a report by the Joint Committee on Human Rights pointed out, the Bill is littered with measures that are simply incompatible with human rights law and the UK’s obligations under international treaties. That is one reason why Labour believes that amendments 105 and 98 are necessary. By removing the term “for gain”, the Government are creating a situation where anyone in the channel who helps people in distress, as is their duty under maritime law, could be criminalised. That is clearly wrong, both morally and legally, and we strongly urge the Government to accept amendment 105. It is equally the case, as stated in amendment 98, that there should be safeguards against endangering life at sea. As the Joint Committee on Human Rights recommended, it must be made certain that maritime enforcement powers cannot be used in a manner that would endanger lives.
This is a bad Bill, and we hope that the Government will take heed of the amendments we support. Only through international co-operation, safe and legal routes, and targeted measures against criminal gangs can we, with our international partners, improve the current situation.
My amendment 150 to clause 28, using the “notwithstanding” formula, would exclude the Human Rights Act 1998, the European convention on human rights, EU and retained law and the United Nations refugee convention from judicial authority and judgment. This is all about tackling illegal immigration, which our 2019 manifesto made clear that we intended to and must resolve.
The amendment is not against genuine persecuted refugees; this is about economic migrants who claim that they are within the legal framework of protected refugees. The illegal traffickers convince them to use our human rights laws to come over to our shores in the certain knowledge that they will be protected by our judicial system. Illegal immigrants have no right to enter our borders. Despite the difficult journey that they have made to the French coast, they have no greater right to come here than any other illegal immigrant. When they come, as the traffickers have promised them, they are almost all allowed to stay under Home Office guidance and are protected by the judiciary. They then bring their families across and, with the benefits that they claim—not to mention education and housing—they enter what they believe to be the land of milk and honey. The returns are negligible because of the human rights legislation, as it stands.
I strongly support my hon. Friend’s amendment. Did he note that when I asked the Minister for an assurance that the legislation, unamended, would be proof against human rights legislation distorting the intent, he was not able to give me that assurance?
Not only was the Minister not able to, but he did not want to.
This year alone, 26,000 have entered and, unless the legal loopholes are effectively stopped, they will continue to come in a tsunami of numbers next year. The Government have provided a remedy partially in this Bill but not yet regarding the full legal framework of the Human Rights Act, the European convention on human rights, EU retained law and the refugee convention of 1951, as amended with universal application in 1967 by a protocol. On EU retained law alone, I have found on the Government’s website in the National Archives that this amounts to as many as 123 directives and regulations, spelling out masses of laws relating to asylum and immigration that originated in EU law and are now on our statute book, although a few have been revoked.
The official Home Office policy guidance for asylum screening is still essentially based on the same law, and it makes for dismal reading. It is essential that that is changed. At present, an asylum claim must be registered where an individual fears persecution or serious harm of persecution for any given reason on return to their country. How to evaluate a fear varies with every individual and can in many cases be deliberately exaggerated.
To be recognised as a refugee under the UN refugee convention, the claimant can assert that they have a well-founded fear of persecution and be not only unable, but unwilling, to go back to their country of origin or habitual residence. That can be invoked on grounds which include mere political opinions. Furthermore, they can claim that they are within the judicial sphere of “the humanitarian protection policy”, and the discretion as to whether an asylum claim should be accepted is heavily weighted in favour of asylum, even if the claimants do not even use the term “asylum” when they arrive on our shores.
A paper by the highly distinguished former professor of law at Oxford, John Finnis, and Simon Murray explains in graphic terms the law and case law in more than 100 pages of detailed analysis. They conclude that the European Court of Human Rights has wrongly circumvented fundamental principles originated in the European convention on human rights and the 1951 refugee convention. They also argue that, properly interpreted, the UK and other signatory states have no obligation to let in refugees arriving at our borders en masse, have no legal or treaty obligation to accept refuges at all, and have no obligation to provide asylum for dangerous refugees, such as criminals and terrorists.
The European Court, by radical and unwarranted interpretation, has used the article 3 provisions on torture and inhuman treatment and the article 8 provisions on the right to private and family life to extend the ambit of claimants to encourage them to engage in unlawful immigration. That has been done through the formula of so-called living instruments and recent UK judicial rulings that have continuously expanded claimants’ rights within the judicial system. Claimants are granted repetitive appeals that bring the immigration system under intense pressure at monumental expense to the taxpayer, with grave political consequences on the doorstep.
We need to pull the rug from under the traffickers’ feet, save the lives of those who are exploited by them, and protect our own manifesto promises. Despite the Government’s good intentions in aspects of the Bill, we must solve the fundamental problems presented by the human rights legislation and the legal framework of the provisions that I have mentioned. We cannot continue, with unwarranted interpretation and judgments by the judiciary, to allow illegal immigration.
I seek robust assurances today from the Government to resolve the matter by legislation, and I will press my amendment unless I get them. We cannot go on kicking the can down the yellow brick road. The journey has begun, but the question is where it ends. The yellow brick road is not only in disrepair, as it was in “The Wizard of Oz”, but littered with political precipices.
(2 years, 9 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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Of course, this would be the time of the week where we hear complete and utter nonsense coming from the Opposition Benches—for a change, I should add. Let me start with a number of facts. The right hon. Member for Torfaen (Nick Thomas-Symonds) asks about the Cabinet Office’s involvement; that is because—to restate something I have said again and again—this is a whole-of-Government effort. There is no single solution to fixing a global migration crisis. He speaks about a visit to Calais; from my last record, the United Kingdom is not responsible for visits to Calais, but I will happily take him to some of our processing sites around the country.
However, let us be very clear. The right hon. Gentleman has stated yet again that his party will not support the new plan for immigration or the Nationality and Borders Bill, which is the long-term solution to breaking the model, to reforming the asylum system, to deterring illegal migration and to addressing the underlying pull factors of the UK’s asylum system. It will introduce a one-stop appeals process, which clearly he and his party are against; it will ensure that asylum claims can be heard offshore in a third country and it will ensure that those individuals who come to our country not as genuine asylum seekers, but as economic migrants, can claim asylum in first safe countries. That is on top of a raft of operational and diplomatic work that is taking place—not just in France, by the way, but in Belgium, the Netherlands, Germany, Austria, Greece and Italy. We still speak to our European counterparts, and it is important that the Labour party acknowledges that Interior Ministers collectively have recognised a global migration problem.
I have said from the outset that this problem will take time to fix and that there is no silver bullet. The only solution is wholesale reform of our asylum system. Labour has consistently voted against the plan to do that. Instead of making practical suggestions, the Opposition are totally divorced from reality. They do not have a viable plan. The right hon. Gentleman constantly says that I should deepen my co-operation with France, while also criticising the Government for giving money to France to patrol its beaches. He has suggested the problem is down to reduced aid—failing to note that France is not a recipient of UK aid.
All the while the Nationality and Borders Bill is in Committee in the Commons, yet the Labour party continues to defend the rights of foreign national offenders, including murderers, rapists and those involved in the drugs trade—criminals, Mr Speaker. Labour has objected to provisions designed to prevent late submissions of evidence used to block removals of the very people we are trying to remove from our country, as well as to the one-stop-shop appeals process; it has opposed measures to tighten up immigration bail and to stop illegal migrants absconding. I come back to my opening remarks: we have a long-term plan to address these issues, while the Labour party will do everything possible to stop that plan from coming together.
What is the Home Secretary’s message to someone thinking of undertaking one of these illegal journeys, at great cost, as to why they should not take that risk and why it will not work?
This is why we are bringing in new legislation. These individuals are putting their lives at risk and putting their lives in the hands of people smugglers. I come back to the work we are doing with the National Crime Agency, which has the resources and is going after the gangs, resulting in 94 ongoing investigations, 46 arrests and convictions—the last conviction was made last week, of an Albanian people smuggler.
(2 years, 10 months ago)
Commons ChamberI thank the hon. Gentleman for his comments. I think we can judge by the tone of the House, in the light of the tragic events that have taken place and the reasons we are here having this discussion, that we are absolutely united in our determination to work together on this. This is also about the safety of our citizens and our country, and our ability to function and conduct our business as democratically elected Members of this House, while ensuring that other pillars and aspects of society where a great deal of great work takes place—good, important work by other elected representatives—are also safeguarded. Safeguarding the sanctity of our conduct around democracy and delivering the service to the British public is vital.
Alongside that, let me briefly touch on the point about the cruel environment, frankly, of the online space. I absolutely echo the words that were said earlier today, including by the Prime Minister and the Leader of the Opposition, about working together. The online space has become far too permissive of too much cruelty and harm, and it is not just levelled and leveraged towards elected Members of Parliament. We see children, and people of different races and different religious groups, targeted and affected by some of the most awful, barbaric statements. That is what has to stop and change. That absolutely means that we have a lot of work to do in this space, but we will hold those responsible for hosting such cruel material on their platforms to account because we absolutely want to bring an end to this.
Many of us are very worried on behalf of our staff, so can the Home Secretary please make sure that there is good private reassurance, advice and additional support for them? They often face objectionable things too.
My right hon. Friend is absolutely right to speak about our staff, and with that acknowledge the incredible work that they do to support us, which enables us to go about our business as constituency MPs. On that point—I know that this has been touched on in the House already, today and earlier this week—our staff are subjected to some of the most appalling abuse. It comes to us, but they are the ones who receive it, see it, take the telephone calls and, sadly, receive the emails. Again, we will continue collectively to provide support to them. In the light of the substantial support that has been provided to MPs, I would like to restate that members of staff, working with their Members of Parliament, should feel free to come to speak to PLAIT and the parliamentary authorities about some of the measures that they can adopt, through what is on offer through the House and the wider work, to ensure that they feel assured about their own safety and security and ways of working outside the Palace of Westminster and while they are here.
(3 years, 7 months ago)
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I am intrigued by this new hindsight that everybody seems to have adopted rather quickly, when I have already outlined the position of the Opposition earlier in my remarks. The hon. Lady has heard my comments around the comprehensive approach, the list of measures that have been put in place, and the people that we have worked with in Government and out of Government in terms of operational partners. We have a comprehensive strategy that has been in place since January last year, but as I have said repeatedly, the measures will be under review as they have been throughout the entire pandemic, including health measures at the border.
I congratulate my right hon. Friend on what she has been doing. Will she strengthen the law against people trafficking, which remains a worrying danger? Can she also ensure that the necessary travel controls do not stop essential work travel?
My right hon. Friend is absolutely right. First, on people trafficking, he has been assiduous on this and he has heard me speak a number of times about the measures that we are bringing forward in terms of legislation and plans around tackling people trafficking and smugglers. We have some good reports on the criminal penalties and sanctions that have been levelled against individuals. Secondly, he is absolutely right about the fines that we are putting in place and the exemptions that are required in key areas such as goods, in particular, coming into the country.
(3 years, 7 months ago)
Commons ChamberThe hon. Gentleman has given me a long series of questions, which I shall try to answer as efficiently as I possibly can. Once the error became clear to the team, they escalated it up through the Home Office, first of all on Monday, and then through Wednesday into ministerial and other offices, in accordance with normal protocols.
As to the scale of the data, while the figure of 400,000 has been quoted, that is an accumulation of the various bits of information that may or may not have been deleted. As I said, a number of bits of information may apply to one individual, so the number of individual records on the PNC that might be affected could be smaller, but we will not know exactly until later this week, once the programme that is being analysed has come to an end.
As for when the script was introduced, that was indeed six weeks prior to what is called the weeding date, which is when the deletion was due to take place. That is standard practice, to load the script into the system some weeks before it is due to run. It did not run until the Saturday, when the error within it became immediately apparent.
As to the records that are affected, I am informed that the records that have been deleted are those that relate to people who were apprehended or put under investigation by the police. When there was subsequently a declaration of no further action to be taken, if there were prior convictions or offences on the police national computer, my information—what I have been told thus far—is that that those will remain. Only information relating to that specific incident, which was no further action, may or may not have been deleted. To a certain extent, that helps to mitigate some of the risk.
It is also worth pointing out that, as I said in my statement, there are other databases, both locally and those held nationally, such as IDENT the fingerprint database or the national DNA database, which may also be searched. The PNC draws its data from a number of other databases and when, because of our legal obligations, a deletion request is put on to the police national computer, it cascades deletions down through the other databases in accordance with the law. Those subsequent deletions were halted immediately, and that should help us, we hope, with recoverability of the dataset.
The hon. Gentleman asked about SIS II. That is indeed unrelated, and visa processing was suspended for approximately 24 hours. Everybody whose customer service threshold could not be met as a consequence of that was informed, but processing was resumed pretty quickly. We are assessing the impact on ongoing police investigations, while we analyse the report that has been run, which will give us the full picture of what has actually happened on the system.
Having said that, policing partners and the Home Office have put in place mitigations, not least informing other police forces—as Nav Malik did—that they should be making subsequent checks of their own and other databases, not least the police national database, which is a separate database from the police national computer and holds intelligence and other information.
On the national law enforcement data project, the replacement of the PNC, while that process has had its fair share of problems, it is fair to say we have undergone a reset. There is now a renewed sense of partnership working between the Home Office and the police, to make sure we get that much needed upgrade in technology correct.
The hon. Gentleman’s final point was about accepting the maintenance of data. He is absolutely right: we accept that it is very important that we, and indeed police forces and other governmental bodies that hold people’s personal data, do our best to maintain its integrity and to do so as faultlessly as possible. In these circumstances, we were attempting through this code to comply with our stringent legal obligations to delete personal data where it cannot be held by us or by other databases. Sadly, human error introduced into the code has led to this particular situation, which we hope is rectifiable. I am more than happy to keep the hon. Gentleman updated, as I did on Saturday afternoon, when I briefed him.
I thank the Minister, the Home Secretary and the police leadership around the country for the very professional way in which they have responded to a most unfortunate error, an error that none of them wanted or made personally. Will he give us a little bit more encouragement, however, because is it not the case that there are now many good ways to retrieve data that has been wrongly deleted? Might we be looking at a remedy for this in a few weeks’ time, when the computer experts have finished their job?
My right hon. Friend is absolutely right that the initial assessment was some optimism about the ability to recover this data, not least because it is held in a number of areas. We will not have the full picture until we get to the end of this week, once we have analysed the report and, of course, looked at the data that we should have deleted but have not because of this error. However, he is quite right that we should be optimistic about that and recognise that all is not lost. There are other ways that this data can be cross-checked, in particular as part of a police investigation. We are working with our policing partners to ensure that they make full use of that, so that they can proceed as usual with their investigations.