Transparency of UK Visa Bans

Karen Bradley Excerpts

Wednesday 2nd April 2014 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

It continues to be a pleasure to serve under your chairmanship, Mrs Osborne. I congratulate my hon. Friend the Member for Esher and Walton (Mr Raab) on securing a debate on this subject. I apologise on behalf of the Minister for Security and Immigration, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who is currently in the main Chamber and therefore unable to be here for this debate, but I am sure he and my hon. Friend the Member for Esher and Walton will have many opportunities to catch up on this topic.

As the Home Secretary has previously made clear, where credible evidence exists, the immigration rules allow us to deny entry to those whose presence in this country is not considered conducive to the public good. The power to deny a person the ability to enter the UK is an important tool that has the potential to support key Government objectives across a range of matters including national security, terrorism, criminality, war crimes and human rights abuses.

The Home Secretary may also personally decide to exclude an individual who is not a British citizen. Individuals can be excluded on grounds of national security; on the grounds that their presence in the United Kingdom is not conducive to the public good; or under the unacceptable behaviours or extremism exclusion policy. Exclusion is not targeted against any religious group or proponents of any individual political position. Individuals excluded have included serious criminals, far-right extremists, homophobic extremists, and Christian, Jewish and Islamic extremists.

Exclusion powers are taken very seriously and we do not use them lightly. No decision to exclude is taken lightly or as a method of stopping debate on the issues. There is close partnership working across Government to identify those who should be excluded from the UK and to prevent them from travelling here. The Secretary of State will use those powers when justified, based on all the available evidence. In all matters, the Secretary of State must act reasonably, proportionately and consistently.

Where an individual not already subject to exclusion seeks entry to the UK either through applying for a visa from abroad or on arrival at the UK border, we have the power to refuse those individuals entry on non-conducive grounds. We do not routinely publish the names of individuals who are prevented from entering the UK. The Home Secretary and her officials use such powers to protect national security, to prevent extremists and terrorists from coming to the UK, and to disrupt the activities of serious criminals. When those powers are exercised, public disclosure of the names of the individuals concerned does not always assist in achieving those aims.

It is important that we use those powers to achieve the best results in protecting the UK and the British public. That is most often achieved without the glare of publicity, particularly when we are seeking to cause a change in behaviour. My hon. Friend the Member for Esher and Walton will appreciate that once it has been made public that a person has been banned from or refused entry to the UK—and so their reputation has been affected—they have less to gain by moderating their behaviour.

Furthermore, the Home Office has a duty of confidentiality, and the details of individual immigration cases will not routinely be made public. Where it is considered that there is a strong public interest in doing so, which clearly outweighs our duty to individuals, and there is sufficient information to confirm individual identity, the Home Office will disclose names. In exceptional circumstances, we occasionally confirm that an individual has been denied entry to the UK when the information is already in the public domain or there is a legitimate public interest in doing so, but it is certainly not routine or regular.

Having considered carefully the previous Government’s policy of releasing the names of individuals who had been excluded from the UK, we decided that that was the wrong approach. We concluded that that policy simply invited costly and long-running litigation where it could have been avoided. It is therefore our firm view that the current approach is right and that the details of those banned from this country should be made public only when there is a clear public interest in doing so or where the individual concerned has put the information in the public domain.

As my hon. Friend will be aware, that is a long-standing position that successive Governments have adopted. I quite understand that there is a view that disclosing the details of those who have been banned from this country, or refused entry, will reassure both the House and the wider public that steps are being taken to deny the most undesirable people access to this country. However, for the reasons I have just explained, that is not always in the UK’s best interest.

My hon. Friend raised the matter of Sergei Magnitsky. The circumstances surrounding his death—a human rights case—are of utmost concern. It is the most high-profile example of the failings of Russia’s judicial and prison systems. The Government recognise that four years after Mr Magnitsky’s death, there has been a lack of meaningful progress towards securing justice.

The power to prevent a person from entering the UK on non-conducive grounds is wide-ranging, but it can be and is used in cases where an individual has been involved in human rights abuses. Coming to the UK is a privilege, not a right. Although we do not routinely comment on individual cases, the presumption is that those who have committed human rights abuses will normally be refused entry to the UK. However, we cannot simply refuse an individual without objective, reliable, independent evidence of their personal involvement in human rights abuses or other serious crimes. We do not prejudge evidence speculatively, but when an application to come to the UK is made, it is considered on its merits, taking into account all circumstances at the point of application. It is not a straightforward issue, and as a Government we must adopt an approach that best supports our objectives while complying with our legal obligations. As I am sure my hon. Friend will agree, the overriding consideration must be to use our powers lawfully and effectively, and to achieve the best results in protecting the UK and the British public.

It is right that Ministers consider whether making details public can support our aims. That is one of the tools that can be used to increase the effectiveness of the ban, but it can be done only on a case by case basis, taking into account the individual circumstances. It would of course reflect the impact on the individual concerned and the wider policy aim, as well as the impact on wider Government objectives.

[Mr Raab]

The Minister is setting out the Government’s position with a degree of clarity that I have not previously heard. She talks about the considerations when the Government decide whether to make public the name of someone who has been banned, including whether doing so might deter or correct that behaviour. If we are dealing with people who are complicit in torture and there is enough evidence to substantiate and justify a visa ban, what possible countervailing reason can there be, whether it is to change their behaviour or otherwise, for not making their name public? Would not making their name public deter others?

[Karen Bradley]

My hon. Friend, as always, makes a coherent argument. The point, however, is that a decision to make someone’s name public will depend on individual circumstances. A blanket approach would be wrong, because decisions will depend on each case’s individual circumstances and evidence. We must consider such decisions on a case by case basis, rather than having an overriding one-size-fits-all approach to all cases involving, for example, torture. That leads me to his specific points. He is, as always, persistent and tenacious in his arguments, but I am sure he understands that I cannot comment on the individual cases that he listed.

The UK fully implements a range of travel bans agreed by both the United Nations and the European Union. The bans target certain individuals, such as those associated with the Syrian regime, the situation in Ukraine or terrorist groups such as al-Qaeda and the Taliban. We consider the bans to be an effective tool both to disrupt the activities of certain individuals and to send a clear signal that the international community does not accept those activities.

The Home Secretary has the power specifically to prevent individuals from entering the UK so that the Government can protect the UK’s interests and security without disrupting travel more widely. Sanctions are internationally agreed where there is a collective decision to take action against certain individuals. By their nature, therefore, sanctions must be shared across a range of authorities and organisations. The UK has a duty of confidentiality, which means that we do not routinely disclose information about the immigration status of individuals. Additionally, we believe our objectives are often best delivered by working with others away from the glare of publicity.

The promotion and protection of human rights continues to be a key priority in our foreign policy. Human rights form a key element of the Government’s engagement with our international partners. Denying entry to the UK and, where appropriate, preventing travel to the UK has the potential to influence behaviour. We will continue to use immigration powers to achieve that end.

In conclusion, the Government make no apology for refusing access to the UK if we believe someone’s presence is not conducive to the public good. Coming here is a privilege that we refuse to extend to those who seek to subvert our shared values.

Question put and agreed to.

Asian Restaurateurs (Immigration Enforcement)

Karen Bradley Excerpts

Wednesday 2nd April 2014 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

It is a pleasure to serve under your chairmanship this afternoon, Mrs Osborne. I apologise on behalf of the Minister for Security and Immigration, who would normally attend the debate; he is in the main Chamber dealing with another matter. He has not yet worked out how to be in two places at once, but we are training him.

I congratulate the hon. Member for Llanelli (Nia Griffith) on securing the debate, which has been very interesting, and I have listened carefully to the points made. We have heard a range of views on the subject of illegal working, and I will respond to each in turn. Before I do so, it might be helpful for Members if I set out the background to illegal working and enforcement visits.

I make no apology for the enforcement of immigration laws. The message we have heard today seems to be that that view is supported throughout the House. The British public expect the Home Office to enforce the law and to remove those persons who have no legal entitlement to live or work in the United Kingdom. We are committed to tackling illegal working, because it sustains illegal immigration, fuels organised crime and encourages migrants to put their livelihoods at risk and place themselves in the hands of people who exploit them. Illegal working also undercuts legitimate businesses, as rogue employers typically undercut the national minimum wage and avoid national insurance contributions.

The Government take, and will continue to take, tough enforcement action to arrest, detain and forcibly remove those who are breaking the law by living and working in the UK illegally. Immigration enforcement does that by conducting intelligence-based operations to target illegal immigration, illegal working and the criminality that supports illegal immigration. We will also act against those who support and fuel illegal activity. That is why we have laid before Parliament new regulations that will double the maximum penalty for employing an illegal worker from £10,000 to £20,000. We are also taking action via the Immigration Bill to simplify the process of receiving unpaid penalties.

Illegal working occurs in a wide range of businesses across the UK, and immigration enforcement targets known offenders, and acts on intelligence received to target businesses believed to be employing illegal workers. We also conduct follow-up checks on past offenders to ensure that they continue to be compliant. The catering trade receives a significant number of enforcement visits, but that reflects the intelligence we receive and the prevalence of immigration offences in a low-cost and highly competitive sector.

The hon. Member for Cardiff South and Penarth (Stephen Doughty) asked for the statistics regarding the visits. In the UK as a whole, of the 7,904 illegal working visits carried out by immigration enforcement last year, around half—3,972—were carried out at restaurants or takeaways. In Wales, from 1 January 2013 to 31 December 2013, 665 illegal working visits were conducted by enforcement teams, from which there were 379 arrests. The number of visits to restaurants and takeaways was 434.

I recognise the disturbance that may be caused to a business when an enforcement operation is undertaken, especially during peak times, and especially if no offence is encountered. I sympathise with the concerns raised; my parents are publicans, so I understand that, when someone is running a business, they want to do so as effectively, and in as hassle-free a way, as possible. However, the busy times are when we are able to maximise the likelihood of achieving a successful outcome. In the 7,904 enforcement visits made last year in the UK, we made a total of 7,274 arrests. That shows that our actions are warranted and successful. Our actions are based on intelligence, and immigration officers are carrying out their statutory duties to investigate that intelligence. We make every effort to verify the strength of the intelligence received, but inevitably there will be some operations where no offender is encountered.

Immigration enforcement staff have a difficult job to do, but it is best done in co-operation with others, as Opposition Members have said. I would like to highlight the good relationships and constructive dialogue that have been established by immigration enforcement staff with Asian restaurateurs to keep them informed of their work and purpose, and to equip them with the knowledge to recognise and deter illegal working, so that they do not unwittingly employ illegal immigrants.

[Kevin Brennan]

In that case, why did immigration officials withdraw from the meeting last week at such short notice? Why did they become so difficult for my hon. Friend the Member for Llanelli (Nia Griffith) to contact?

[Karen Bradley]

I cannot answer specifically on that meeting, but there is an excellent relationship with the Bangladesh Caterers Association. That is a prime example of the relationship that officials have with restaurateurs. Regional events take place regularly involving both immigration enforcement and the BCA. The previous Immigration Minister, my hon. Friend the Member for Forest of Dean (Mr Harper), met the London Chinatown Chinese Association, which agreed to co-operate with us. We offered it help, saying that if it co-operated with us and helped us to identify illegal workers, we could then speak to those workers instead of conducting raids at peak times. That relationship has since been working well.

[Nia Griffith]

I understand what the Minister is saying, but one of the issues highlighted in the inspector’s report is the lack of understanding by senior managers of what is happening on the ground. Could it be that, while there is dialogue between a certain level of official and, for example, the BCA, what is happening on the ground does not necessarily reflect those talks?

[Karen Bradley]

I conducted lengthy discussions with officials in preparation for this debate, and I have been assured and reassured that officials are working hard with the bodies that represent restaurateurs, and that there is a great deal of co-operation between, and a desire to co-operate on, both sides. We want to make enforcement work.

It is undeniable that, in the industry, there is opportunity for the exploitation of workers who are here illegally, which we need to deal with and tackle. However, the hon. Lady is absolutely right: the best way to do that is by co-operation, which we are actively ensuring. Where concerns have been raised by restaurateurs—for example, regarding simplifying documentation checks for overseas workers—we have considered them and sought to introduce change where appropriate. For instance, we are reducing the list of documents that employers have to present at right-to-work checks. The first changes will be introduced at the end of April. In the longer term, we intend to focus the checking system for non-European economic area nationals on the biometric residence permit.

While employers sometimes raise concerns about our approach, there is also broad support from legitimate employers for proactive enforcement action against rogue employers, who are competing unfairly against them. Like the rest of the public, legitimate employers have concerns about illegal immigration and support the aspirations of hard-working people from the UK. They experience at first hand how businesses are undercut by illegal cost-cutting activity, and recognise that it is often associated with exploitative behaviour such as tax evasion and harmful working conditions.

[Kevin Brennan]

Will the Minister give way?

[Karen Bradley]

I will not, only because we are running out of time, and I want to address the specific points raised.

We expect to see continued and greater co-operation from the restaurant industry on employers investing in training and embracing the use of resident labour. The Migration Advisory Committee has repeatedly expressed its disappointment at slow efforts by the sector to train more chefs.

Turning to points raised in the debate, the hon. Member for Llanelli asked whether there was justification for visits, and asked whether there was perhaps a lack of oversight and guidance. One issue was identified by the report; we have discussed this, and the Home Office is already aware of that and is acting on it. No letters were issued or authorised without justification since the report, and the power is now being used correctly. The hon. Lady also asked about joined-up working—about Her Majesty’s Revenue and Customs and the Home Office making separate visits, for instance. She is absolutely right: joined-up working is an absolute priority for the Home Office. We are focusing on streamlining the different agencies looking at illegal working to ensure that the number, and therefore cost, of operations is minimised.

The hon. Lady asked about the substantive grounds for some operations. Every operation is based on the intelligence that we have at the time, but intelligence is not always perfect. We work on very fine intelligence, but have a statutory duty to investigate allegations if we believe them to have a foundation. If we did not follow those allegations up, we would be criticised for it.

I am pleased to say that the majority of people in the country agree with the Government and want a robust stance on immigration and illegal activity. Our illegal working operations must be seen in the wider context of the reforms of the immigration system under the Government. Our tough reforms are carefully targeted, and we will continue to work hard to bring net migration down from the hundreds of thousands to the tens of thousands by the end of this Parliament, and to create a selective immigration system that works in our national interest. Put together, our engagement with local communities, enforcement activity and reforms will ensure that individuals who have no right to work or live in the UK are encouraged to comply with the rules and depart voluntarily, but individuals who partake in illegal activity or harbour those who do will always be sanctioned in line with UK law.

I am grateful to have had the chance to listen to the hon. Member for Llanelli and others today. I thank her again for securing this debate and will reflect further on the points made.

Metropolitan Police

Karen Bradley Excerpts

Wednesday 19th March 2014 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

It is a pleasure to serve under your chairmanship, Dr McCrea. I apologise on behalf of the Minister for Policing, Criminal Justice and Victims, my right hon. Friend the Member for Ashford (Damian Green), who is unfortunately unwell. If he could possibly be here, he would be, as I am sure you know.

I also congratulate my hon. Friend the Member for Wells (Tessa Munt) on securing this debate and on setting out the facts of the case so clearly and comprehensively. She is a determined champion for her constituents, and she and my hon. Friend the Member for Watford (Richard Harrington) have set out in their remarks the particular issues faced by their constituents. They have been the subject of a number of investigations and legal proceedings, some of which are not complete. Although I cannot comment on the facts of an individual case while proceedings are outstanding, this case, along with others recently disclosed—some going back many years—will undermine the public’s trust and confidence in policing in general and in the Met in particular.

I will ask my right hon. Friend the Minister for Policing, Criminal Justice and Victims to meet the three Members here today who represent the officers involved in the case, as their constituency MPs, and I know he will speak to them in more detail. My hon. Friend the Member for Wells raised three specific points that I will answer now. First, she asked about officers taking part in part 20 proceedings. That is an unusual step for the Met to take. Although I am unable to comment on the details of the case I will look into that matter with the Met. I agree with her that that should not become normal practice. We clearly do not want to require officers to insure themselves.

My hon. Friend raised the issue of the IPCC dealing with retired officers. She will be aware that on 6 March the Home Secretary announced that she would look at the disciplinary system. That matter is part of that work, along with the struck-off list already being compiled by the College of Policing to ensure that officers cannot retire to avoid justice.

My hon. Friend also asked about the IPCC power to direct misconduct proceedings. I understand her concerns about the outcome of the gross misconduct hearing for the DPS officers. The disciplinary system is also being reviewed as part of the work that the Home Secretary announced on 6 March, and this case provides evidence to support changes in that area.

[Tessa Munt]

Briefly, my other criticism, which was implied, is of the situation that an organisation can be responsible for investigating itself. When a case goes back out to the IPCC and an order comes for reinvestigation, it cannot be the same department investigating itself, never mind the very same officers. That clearly needs to be sorted out. It is completely ludicrous.

[Karen Bradley]

I thank my hon. Friend for that observation. That issue will be included as part of the work being done.

My hon. Friend the Member for Cities of London and Westminster (Mark Field), whose constituency is at the centre of so many high-profile cases concerning the Met, made an interesting and thoughtful contribution regarding this case and others, for which I thank him. The issues he and my other hon. Friends have outlined today only add to the list that the Met and its senior leadership team need to address.

The Metropolitan Police Service polices the country’s most populous and ethnically diverse area, as well as having a number of functions that extend across the UK, in particular the national lead for counter-terrorism policing. Although we all know the Met to be the biggest police force in the country, we may not realise quite how big it is. In fact, Met officers comprise almost one in four—23.5%—of the total number of police officers in the whole of England and Wales. What happens in the Met is relevant to the way our whole country is policed, both because of its size and because, in the course of their careers, many of our most senior police officers will spend one or more periods working in the Met.

At this point, I must recognise, along with the hon. Member for Birmingham, Erdington (Jack Dromey), that the overwhelming majority of Met officers do their jobs well, serving the people of London with dedication and professionalism. But, as the Home Secretary said on 6 March:

“In policing, as in other areas, the problems of the past have a danger of infecting the present and can lay traps for the future…Trust and confidence in the Metropolitan police and in policing more generally are vital and a public inquiry and the other work I have set out are part of the process of repairing the damage.”—[Official Report, 6 March 2014; Vol. 576, c. 1065.]

In 2012 the Government abolished the Metropolitan Police Authority, which was only partly and indirectly elected. For the first time, the Met is truly accountable to Londoners; the commissioner is accountable to the Mayor of London, who is elected by all Londoners, and the Mayor and his deputy for policing are scrutinised by the policing and crime committee of the London Assembly.

I have already mentioned that the Met is responsible for policing the most ethnically diverse area in the UK. While it is the most diverse force in the country, with 10.5% of officers from minority ethnic backgrounds, that proportion falls well short of the proportion of the population; the 2011 census figures show that just over 40% of Londoners are from non-white ethnic groups. As the Minister for Policing, Criminal Justice and Victims said to the hon. Member for Walthamstow (Stella Creasy) at Home Affairs questions last Monday,

“While the police work force is more representative in terms of gender and ethnicity than it has ever been, there is still much more to be done by forces.”

He also said:

“The Metropolitan police plan to recruit 5,000 new constables between now and 2015, and their aim is that 40% of them should be from a minority background, to reflect the population of London as a whole. This indeed is a serious issue, which the Metropolitan police are addressing.”—[Official Report, 10 March 2014; Vol. 577, c. 15.]

My hon. Friend the Member for Wells has set out the issues of race and diversity that are at the centre of her constituent’s claim against the Metropolitan police. I want to be very clear on this matter: treating anyone differently on the basis of the colour of their skin—whether they be black or white; police officer or member of the public—is always unacceptable.

As well as the work the Home Secretary has announced, the increased accountability of the Met through the Mayor and the increasingly representative ethnic mix of its officers are a good start in rebuilding the public’s trust in the Met. However, other issues have been identified that the Met needs to address.

There has been criticism of the culture of the Metropolitan police, in particular that it is an obstacle to changing how the Met works and how it deals with members of the public. That is one reason why, as the Home Secretary made clear in her statement on 6 March, we need to continue our work to reform the police and its culture.

From this autumn, all police forces will, for the first time, have the opportunity to bring in talented and experienced leaders from other walks of life to the ranks of inspector and superintendent. Those coming in will receive world-class training and bring fresh perspectives, opening up policing culture. A significant number of those officers will be joining the Met, and I know that they will have the support of the commissioner and his senior leadership team as they get to grips with the issues the Met faces. The Home Secretary was clear in her statement to the House on the significance of those changes, particularly of bringing high achievers from other fields into policing. The public need to know that policing is not a closed shop and that they can challenge the way in which things are done.

Where the police fall short of our expectations, the IPCC has a key role to play in ensuring that complaints and misconduct are dealt with as fairly and as transparently as possible. Hon. Members may have seen the publication on Monday of its “Review of the IPCC’s work in investigating deaths”, in which it recognises that it, too, needs to increase the diversity of its staff and to improve its engagement with families. The IPCC will ensure that, in future, families are involved in developing the terms of reference for investigations and are provided with meaningful and regular updates.

As the House will be aware, we are already moving £18 million this year into the IPCC to enable it to deal with all serious and sensitive cases, avoiding the issue of the police investigating themselves when things go seriously wrong. The IPCC will also receive £10 million of capital funding, so that it can establish further regional bases, enabling it to respond quickly to incidents wherever they occur. In conjunction with the Home Secretary’s announcement of a review of the misconduct system and of additional protection for whistleblowers, that will enable the IPCC to demonstrate clearly that it is truly the guardian of the police complaints system, and that the public can have trust in its ability to investigate allegations of police misconduct effectively.

However, police forces also need to play their part in stamping out inappropriate conduct. Misconduct and gross misconduct hearings, even where there has been an independent investigation, remain for forces to convene. Here, the Met has a good story to tell. Comparing 2012 with 2013, the total number of complaints decreased by 14%, from more than 16,500 to just more than 14,000. Meanwhile, the number of gross misconduct hearings rose from 49 in 2011-12 to 70 in 2012-13, and there have already been 70 hearings in the first nine months of this financial year. The number of police officers dismissed without notice has increased from 30 in 2011-12 to 47 in 2012-13.

[Tessa Munt]

Will the Minister look into the IPCC’s recommendations and reports over the past five or so years and see how many of them have resulted in action that is appropriate as recommended by the IPCC? Will she write to me?

[Karen Bradley]

I am sure that my hon. Friend understands that I do not have that information at my fingertips, but I will ask officials to look into that and see what information we can provide her with.

Some 42 officers were dismissed between April and December last year. While there has been no scientific analysis of the figures, if the number of complaints is falling, but the number of officers dismissed is rising, that tells us at least that the efficiency of the Met’s disciplinary system is improving. While work remains to be done in the area by the Met and other forces, we can see that the work that has been done is already having a positive outcome.

Clearly, issues of trust and confidence in the Metropolitan police remain for both the public and some of their own officers and staff. While it will take some time to work through the historical issues that have been the subject of so much attention of late, I know that the commissioner is determined to ensure that the Met is fit for the purpose of policing one of the great cities of the world in the 21st century. The Home Secretary and Ministers have trust in Sir Bernard to make those changes and to lead the Met through those challenges, and the residents of and visitors to London can have trust in the Met too.

Oral Answers to Questions

Karen Bradley Excerpts

Monday 10th March 2014 Commons Chamber

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

13. What assessment she has made of the potential effect of the Immigration Bill on red tape for businesses.

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

The Government have published a number of impact assessments in relation to the provisions in the Immigration Bill, setting out the costs and benefits of the proposals. These include an assessment of the impacts on businesses.

[Meg Hillier]

I welcome the Minister to the Dispatch Box. It is good to see another woman on the Conservative Front Bench—one who is speaking this time.

During the Immigration Bill Committee, the former Immigration Minister, the hon. Member for Forest of Dean (Mr Harper), promised that there would be a mechanism to enable constituents who were extending their leave to remain to have the right documents in order to prove that to landlords and others, as required under the Bill. Can the Minister give me any update on how long that will take to come into place? If not, perhaps she could write to me.

[Karen Bradley]

I thank the hon. Lady for her question. I know that she worked very hard on the Immigration Bill Committee. We will look carefully at what she said and respond shortly.

[Christopher Pincher (Tamworth) (Con)]

I congratulate my hon. Friend on joining the Treasury Bench.

[Christopher Pincher]

Staffordshire for ever, indeed. The previous Labour Government were guilty of not imposing red tape on transition controls, which led to thousands of European migrants coming to this country. Does my hon. Friend agree with the former Home Secretary, the right hon. Member for Blackburn (Mr Straw), when he said that that was a spectacular mistake?

[Karen Bradley]

I thank my hon. Friend, a fellow Staffordshire MP, for his question. He is quite right. The Immigration Bill is a sensible measure that will help this country to protect against illegal immigration. It is a well-needed measure and something we should be bringing in sooner rather than later.

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

14. What recent steps she has taken to reduce antisocial behaviour.

--- Later in debate ---

[Mr Stewart Jackson (Peterborough) (Con)]

T5. One consequence of an unfettered free movement directive is that illegal gangmasters from the European Union operating in the fens are linked to antisocial behaviour and human trafficking. What action is the Minister taking to end that phenomenon?

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

I thank my hon. Friend for his question and I know how hard he works locally on that issue. The Government are taking firm action to combat illegal gangmasters in his constituency and elsewhere. We have set up a cross-Government multi-agency taskforce to apply the full range of enforcement powers. We are doubling the penalties on employers for breaching the national minimum wage and for employing illegal migrant workers, and we will bring forward a modern slavery Bill next Session to deal with that heinous crime.

[Graham Jones (Hyndburn) (Lab)]

Is the Home Secretary aware of the numbers of UK nationals who are subject to an overseas arrest warrant for serious offences such as murder and child sex crimes?

--- Later in debate ---

[Margot James (Stourbridge) (Con)]

The Facewatch online crime reporting system makes it much quicker for businesses to report crime. Will my hon. Friend encourage more businesses and local authorities to follow the lead taken by the west midlands crime reduction team and introduce Facewatch elsewhere to reduce crime further?

[Karen Bradley]

I thank my hon. Friend, who is a doughty champion for businesses both large and small in her constituency. I am very interested by the Facewatch business, and I look forward to seeing it tomorrow in Farnborough at the security and policing exhibition, where I shall promote it and other UK businesses in selling these great services globally.

[Huw Irranca-Davies (Ogmore) (Lab)]

The Welsh Government have put their money where their mouth is and are funding 500 additional police community support officers. Will the Minister for Crime Prevention, the hon. Member for Lewes (Norman Baker), explain why his colleagues up and down the country are openly accusing Conservative councils of being hypocritical for not putting their money where their mouth is and supporting PCSOs?

Scrap Metal Dealers Bill

Karen Bradley Excerpts

Friday 13th July 2012 Commons Chamber

[Richard Ottaway]

My hon. Friend makes a powerful point. In fact, I am reliably informed that 12 people were killed last year in the process of stealing electrified cables.

We are talking not about petty theft but about an industry, with criminals holding our society to ransom. Why? It is because they see metal theft as a soft target. The police tell us that metal theft is emerging as a new acquisitive crime. It is a low-risk enterprise, with plenty of vulnerable targets to plunder. Around 80% of people linked to cable theft live within six miles of the crime location. Clearly, they have no fear of being caught. The surge is driven partly by the low risk of detection. The lack of an effective framework to combat metal theft has a lot to answer for. We need new legislation to disrupt and then shut down the trade in stolen metal.

[Karen Bradley (Staffordshire Moorlands) (Con)]

I congratulate my hon. Friend on this important Bill. Does he agree that in rural constituencies such as Staffordshire Moorlands, police resources are being diverted to deal with metal theft in isolated areas, such as in pubs that are being renovated, as we have seen in my constituency? The police are being distracted from what they should be doing and are instead having to monitor isolated rural areas for metal thieves.

[Richard Ottaway]

My hon. Friend makes a powerful point. Indeed, I will come to the question of enforcement a bit later.

Oral Answers to Questions

Karen Bradley Excerpts

Monday 21st May 2012 Commons Chamber

[Iain Stewart (Milton Keynes South) (Con)]

4. What assessment she has made of the effectiveness of the permanent cap on non-EU work migrants after its first year of operation.

[Karen Bradley (Staffordshire Moorlands) (Con)]

10. What assessment she has made of the effectiveness of the permanent cap on non-EU work migrants after its first year of operation.

[The Minister for Immigration (Damian Green)]

The annual limit, together with other measures such as raising the minimum skills level, has ensured that we have kept the numbers of non-EU workers at sustainable levels while allowing employers to access the brightest and best migrants.

--- Later in debate ---

[Damian Green]

It is important that we create, as we are doing, a more selective immigration system designed to attract and reward migrants who can make the biggest contribution to our economy. By raising the minimum skills threshold and the English-language requirements, we have ensured that only migrants who are highly skilled or who have skills that are in short supply can come to the UK to work and settle.

[Karen Bradley]

Of course, immigration is not just about those coming but about those leaving the country.

[Chris Bryant (Rhondda) (Lab)]

No, it’s not.

[Karen Bradley]

I apologise; I meant migration. Will the Minister tell the House what the Government are doing to break the link between coming here temporarily and settling here permanently?

[Damian Green]

One of the many failures of the previous Government was that they made settlement an automatic consequence of five years’ residence in the UK. Settlement in the UK is a privilege, not a right, and unrestricted settlement rights are not in the UK’s best interests. The changes we implemented in April will mean that, from April 2016, those wishing to settle here will have to earn a minimum salary of £35,000 or the appropriate rate for the job, whichever is higher. That is better for the long-term health of our immigration system.

--- Later in debate ---

[Mrs May]

The hon. Lady raises a very important issue in relation to the terrible situation that we have seen in Rochdale, but, as she and others have said, sadly we see too many such cases throughout the country of grooming and sexually exploiting girls. We have already had a report from the Child Exploitation and Online Protection Centre on the issue, and we will look at it again and at how it is dealt with across the country. We have made sure that in the Police Reform and Social Responsibility Act 2011 there is a specific duty on police forces and on police and crime commissioners in relation to the care of children.

[Karen Bradley (Staffordshire Moorlands) (Con)]

T8. Will the Minister join me in congratulating Staffordshire police and, in particular, Chief Constable Mike Cunningham on meeting the requirements of the budget reductions in the spending review while maintaining visible front-line policing?

[Nick Herbert]

I will happily join my hon. Friend in congratulating Staffordshire police on that achievement. They, like many other forces, have seen an overall fall in crime—in their case, of 7%—despite having to make savings, and the chief constable has made a particular commitment to protect neighbourhood policing.

Immigration Queues (UK Airports)

Karen Bradley Excerpts

Monday 30th April 2012 Commons Chamber

[Damian Green]

As I have already explained, we are ensuring that more staff will be available at peak times during the Olympics. We are proceeding on the assumption that every flight landing at Heathrow for a seven-week period will be 100% full. That assumption is likely to be wrong, but it seems a prudent assumption to make. We are making all our plans about technology and people with regard to that overall plan. I hope that that will reassure the hon. Lady that we are fully aware of the importance of the Olympics period for this country’s reputation and we are doing absolutely everything that we can to make sure that our reputation is preserved.

[Karen Bradley (Staffordshire Moorlands) (Con)]

Can the Minister tell the House what steps he is taking to ensure that the most up-to-date working practices are used by the UK Border Force to ensure that the supply of labour meets demand, particularly at peak times?

[Damian Green]

My hon. Friend hits on exactly the right point. The deployment of staff in a flexible and efficient way, particularly around Heathrow, makes all the difference. That is why we have now set up the central control room, which will enable us to see minute by minute where queues may be building up and where the mobile teams that we have set up in the past few months can best be deployed. In that way, we will get the best possible value out of our many hard-working members of staff.

Extradition

Karen Bradley Excerpts

Thursday 24th November 2011 Westminster Hall

[Mr Raab]

I am sure that is correct.

Going back to the Baker report and the issue of extradition under the European arrest warrant for the purposes of investigation rather than prosecution, the report effectively denies that EAWs are being used in cases where there is “insufficient evidence”. That is an astonishing conclusion; it is really remarkable. It is just one example of where the Baker review would have been assisted if it had interviewed the victims. It did not do that. However, under the chairmanship of the hon. Member for Aberavon (Dr Francis), the Joint Committee on Human Rights did, and we gleaned as a result not just the legal technicalities and the operation but the human toll on those affected, particularly the innocent—but actually everyone. If we stand up for the principles of justice, we stand up for them across the board and the presumption of innocence is a cornerstone of British justice.

The Baker review should have heard the personal side of the trauma endured by Michael and his family. Instead, and this is really disappointing, Michael’s case merely gets a solitary mention in a footnote at the bottom of page 279. The review’s response to the broader issue of whether European arrest warrants are issued for investigations and not prosecutions is really to point out the blindingly obvious. It concludes that it should not happen under the terms of the framework decision, but that will be no comfort to the Turner family, because it does happen and it is happening and it will happen again unless we put a check in place.

Either we can and should amend the Extradition Act 2003 to make it explicit that extradition for investigation is barred or we need to pursue amendment of the framework decision itself. Given that we do so on other grounds, that would be a sensible course to take.

On other occasions, the EAW system has proved truly Kafkaesque for its victims. The case of Deborah Dark, a grandmother of two, best illustrates that. She gave evidence to our Committee. She was acquitted of drug offences in France more than 20 years ago. Without telling her, the French prosecutors appealed and a two-year jail sentence was imposed in her absence. Seventeen years later, on holiday in Turkey, she was stunned to be arrested at gunpoint. After a three-year legal ordeal, French investigators finally dropped the case. Traumatised, Mrs Dark told the Joint Committee:

“I had been walking around for over 20 years as a wanted person and I did not know.”

That major flaw would be remedied by the specific recommendations put forward by the Joint Committee, which considered all such cases and looked at the impact on the victims as well as taking advice on both law and policy from a range of non-governmental organisations.

There are many other victims, such as Edmond Arapi, and many other controversial cases, such as that of Babar Ahmad.

[Karen Bradley (Staffordshire Moorlands) (Con)]

I congratulate my hon. Friend on securing this important debate and on raising the case of my constituent, Edmond Arapi. Mr Arapi was convicted in his absence of a murder that took place in Italy while he had evidence that he was actually 1,000 miles away in Staffordshire Moorlands. He has since been fully cleared and is currently pressing for compensation. Does my hon. Friend agree that wherever there is a miscarriage of justice, compensation should be paid? It should be paid to compensate the Arapi family for their financial loss and the emotional trauma that they went through.

[Mr Raab]

I wholeheartedly agree with my hon. Friend. Compensation should be paid by the country that has made the mistake. The Arapi case shows that a proportionality test, while important, is not the whole game. A charge of murder is very serious; it is not a frivolous allegation. In that case, the facts were completely out of kilter with reality. A prima facie test and some of the other safeguards would enable a basic check to be made before the extradition takes place or the process is completed.

I want to leave time for other MPs to make speeches on specific cases or on the wider policy issues at stake. I have just one final point about the European arrest warrant. It is the most important point and it has been raised by other Members. The EAW blindly assumes mutual trust in the justice systems of many countries deemed substandard if not rotten by the likes of Transparency International and others, but because it does so, innocent British citizens are also denied the full protection of the Human Rights Act and the European convention. For example, it is far harder for an innocent British national to cite disruption of family life, under article 8, as grounds for resisting extradition than it is for a foreign criminal to block deportation on the same grounds. That is a dangerous legal and policy discrepancy that will damage public confidence in our justice system if it is not remedied. There are various flaws in the current arrangements. As I mentioned earlier, I intend to go back to the Backbench Business Committee to ask for a debate in the Chamber on a votable motion if there is sufficient support for it in our debate today.

I would be very grateful if the Minister could say what progress has been made in considering the conclusions of the Baker review and the recommendations of the JCHR, as well as the views of the numerous non-governmental organisations that have expressed an interest in this subject. In particular, can he give any indication of when the Government are likely to make concrete proposals of their own? In my view, the hit-and-hope counsel of the Baker review is just not good enough and I urge Ministers to be bolder than that. Protection of civil liberties ought to be the glue of this coalition; it ought to be an area of common ground. Indeed, it ought to unite all parties and I am hugely pleased to see so many Members from across the House, from all parties, including the smaller ones, in Westminster Hall today.

We need to implement the recommendations of the JCHR covering both the European arrest warrant and the UK-US treaty, because at the end of the day we can read the Baker review and judges and lawyers can all give their legal opinions, but as elected and accountable law-makers we in this House are charged with the duty of preserving British standards of justice and we have the ultimate responsibility for protecting our citizens.

Oral Answers to Questions

Karen Bradley Excerpts

Monday 6th December 2010 Commons Chamber

[Sheryll Murray (South East Cornwall) (Con)]

11. What steps she plans to take to reduce annual immigration from states outside the EU to the tens of thousands.

[Karen Bradley (Staffordshire Moorlands) (Con)]

15. What steps she plans to take to reduce annual immigration from states outside the EU to the tens of thousands.

[The Minister for Immigration (Damian Green)]

As my right hon. Friend the Home Secretary announced to the House a fortnight ago, we are introducing a new permanent limit on non-EU economic migrants, with a reduction in the number of visas next year from 28,000 to 21,700. We are also taking action to tighten our immigration system across all the key routes—work, students and family—and will make settlement in this country a privilege to be earned.

--- Later in debate ---

[Damian Green]

I am grateful to my hon. Friend for asking that question, because it enables me to puncture one of the great urban myths in the immigration debate, which is that most immigration comes from within the European Union. The net migration figures—which we will get down to the tens of thousands by the end of this Parliament—show that the vast bulk of immigrants come from outside the European Union. She asked about the numbers. In 2009, 292,000 non-European economic area migrants entered the UK and only 109,000 left. The House will see that the vast majority of net immigration comes from outside the European Union. Such immigration is precisely what we will take action on.

[Karen Bradley]

Will the Minister assure the House that the new proposals to control immigration will protect the interests of legitimate businesses?

[Damian Green]

I give that assurance to the House and, beyond that, to business. We held something that has been unusual in recent years: a consultation that genuinely consulted. We listened to business and changed the rules on inter-company transfers. That is also why we got rid of most of tier 1 and left a small remainder for the very exceptional. We now have a system that will not only enable us to get immigration to sustainable levels, but protect businesses and educational institutions that are vital to our future prosperity.