Points-based Immigration System

Kevin Brennan Excerpts

Monday 24th February 2020 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We do not conduct debates while sitting.

[Kevin Brennan (Cardiff West) (Lab)]

The clock.

Oral Answers to Questions

Kevin Brennan Excerpts

Monday 10th February 2020 Commons Chamber

[Priti Patel]

The hon. Lady is absolutely right to highlight the issues about access to justice. The work that has taken place and will be taking place through the new Cabinet Committee on Crime and Justice, and the work that I am undertaking in addition with the Ministry of Justice, very much shine a spotlight on that. We have to support individuals as they go through the legal process, the court process and the court systems. The Government have announced a royal commission into the criminal justice system, where some of those issues will be addressed.

[Kevin Brennan (Cardiff West) (Lab)]

One group of people who often do not have confidence in the criminal justice system are those with autism and their families. They often get caught up in the criminal justice system inappropriately. Will the Home Secretary agree to work with Ministers in other Departments and perhaps set up a cross-ministerial working group to ensure that people with autism are not unnecessarily caught up in the criminal justice system?

[Priti Patel]

I thank the hon. Gentleman for his comments, and the new committee that the Prime Minister has established seeks to do exactly this. We have to look across Government. No one Department has the answers to any of the challenges not only with the system but in terms of how we can protect victims and individuals. Cross-government working is absolutely crucial, and I am very happy to work with individuals and people who have experience of this.

Artist Visas

Kevin Brennan Excerpts

Wednesday 4th September 2019 Westminster Hall

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I beg to move,

That this House has considered artist visas.

As always, Mr Gray, it is a pleasure to serve under your chairship.

In Edinburgh, we have the best festivals in the world; not even Donald Trump could claim to have better festivals. They include the world’s biggest arts festival, the Edinburgh festival fringe, and the wonderful book festival, which takes place in my own constituency of Edinburgh North and Leith, as well as the international festival, the film festival, the storytelling festival, the science festival, the jazz and blues festival, the art festival, the children’s festival, the Hogmanay winter festival and, of course, the Edinburgh Tattoo. There is also the festival of politics, but that is not allowed to join the cool gang of festivals—not yet, anyway.

Those festivals grew out of a desire to rebuild international cultural co-operation after the second world war. Conceived in 1945 by Rudolf Bing, an Austrian who had fled the Nazis, the first festival was in 1947 and it reunited Bruno Walter with the Vienna Philharmonic. So much for the official festival. However, the spirit of rebellion that marks Edinburgh in August started in the same year, when six Scottish theatre companies and two English ones rocked up to stage their own shows and began what became the fringe. They were not alone. Forsyth Hardy and John Grierson added the film festival, too, showing 75 films from 18 countries in the Cameo cinema, which was not a bad result in 1947. All three festivals still run in Scotland’s capital city and they have been joined by quite a few others, many of which I have already noted.

Figures for this year’s festivals are not yet finalised, but the initial trawl suggests that the August festivals alone had more than 5,000 international participants. The actual number is closer to 5,500, according to figures provided by the festivals. Of course, that is only the performers. Many tens of thousands of international visitors also flock to Edinburgh every year. Of those international performers, 1,500—some 28%—were European economic area nationals, people who currently need no visa to travel to the UK. Just over half were non-EEA nationals who did not need visas. However, one in five were non-EEA nationals who required visas. Next year, we may have a whole different category of performers who will need visas and a whole set of hoops for the festivals to jump through to get them to Edinburgh to perform.

I have a fairly regular stream of immigration cases, as I know other Members do, but I also have an additional task every year, as the festivals find themselves struggling to get visas for their headline performers and ask for a bit of help. These are performers at the peak of their profession who are world-renowned and very successful. They are being refused visas because they do not match up to a flowchart somewhere in the Home Office, or because some poor decision maker with a massive workload has to make very quick decisions on very complicated cases, which is one way to end up with poor decisions. Other Members representing Edinburgh and other areas that receive visiting artists may have similar stories.

I would like to take a moment to pay tribute to the civil servants in the UK Visas and Immigration team who answer the calls and emails from my office. They are professional and helpful, and they do what they can to help with these as well as many other cases. They are a credit to the service. However, they operate within a broken system and the fault for that lies with politicians.

The decisions made in Government create the systems that the civil servants have to work in and they are the decisions that create the ethos of the Departments. It is the political decisions that create the problems and it will be political decisions that can construct the solutions.

We need those solutions, because the damage done to the festivals and to our reputation is not limited to the individual performer thinking that it is a bit of a pain getting to Edinburgh in a particular year. The bigger damage comes from the impression being formed that it is a hassle getting to Edinburgh to appear in the festivals, and when performers start thinking that it might be too much hassle getting to Edinburgh. The damage comes when that consideration becomes part of the consideration that weighs in the balance against coming to Edinburgh, and when those considerations outweigh the considerations of benefits that might accrue from performing at the festivals.

When authors think, “The Edinburgh book festival would be good to appear at, but Cork would be okay, too, and there’s less hassle getting to west Cork,” we have a problem. The same would go for the Hay festival, the Cheltenham festival or the Beyond the Border festival. By the way, I have nothing against Cork. I could easily have mentioned instead Parisot or Charroux in France; the three festivals that take place in Barcelona; Fitzroy, Fremantle, Sydney, Alice Springs, Adelaide or several others in Australia; or Calgary, Vancouver or even New Westminster in Canada. There is no imperative for authors to come to the UK, and if we put barriers in their way we reduce the appeal of our festivals.

I would like Edinburgh to compete on a level playing field; it is the only way in which we will stay ahead of the competition. Of course, the same goes for arts festivals such as the international festival and the fringe. There are other festivals all around the world and the prestige of Edinburgh will not keep us ahead of them if the disincentives begin to outnumber the positives. That possible reluctance on the part of performers to come to Edinburgh might be mirrored by festival organisers deciding that the effort they have to put in to get performers to the stage is becoming burdensome. When they have so much to do to put the shows on in the first place, any extra burden becomes a serious consideration.

The statistics, too, seem to suggest there is a problem. Four years ago, more than one third of international performers at the fringe were visa nationals; this year, the figure was down to one quarter. In this year’s book festival, four authors’ events were put at risk by visa problems, and in the international festival a renowned choreographer and his dance troupe had major inconveniences. Some of Serge Aimé Coulibaly’s dancers had to travel from Burkina Faso to Ghana for their visa appointments—a 32-hour round trip—and then they had to pay for a courier service to get their passports back, to avoid having to repeat the journey. One of them, who is resident in Germany, had to return to Berlin from Burkina Faso to pick up his visa within the allotted timescale when it was granted more quickly than expected. The troupe had already performed at the Barbican in May and they will come back to the UK in November—if they get visas.

These people tour the world performing. Applying for visas through an appointment system, leaving their passports and returning to the visa centre to collect visas is, as we would say in Scotland, a right pain in the bahookey for them. From what I have heard from other areas around the world, these difficulties would appear to be easily surmountable with the right political will, and I imagine that they are difficulties faced by other would-be visitors as well.

I am grateful to Festivals Edinburgh for providing me with much of the information for this debate. It tells me that this dance troupe’s difficulties are indicative of the kinds of problems faced by performers regularly; these are not exceptional circumstances. Freelance performers face problems in demonstrating income and reserves in cash terms, because the nature of their work means that their income comes in bursts. Then we have the slow decisions that endanger appearances; the refusals that are overturned on appeal, often with an MP’s help; and the sheer uncertainty that the whole thing creates.

As I have said, these are political problems and political solutions can be found. I have to say that the festivals were cheered somewhat by the engagement of the previous Immigration Minister, the right hon. Member for Romsey and Southampton North (Caroline Nokes), and I am sure that the current Minister—the Under-Secretary of State for the Home Department, the hon. Member for South Ribble (Seema Kennedy)—has a record of that engagement. May I tell her, though, that the festivals are heartened by some of the actions taken, in particular the UKVI guidance for creative event managers, published in March, and the direct named contacts at UKVI and the Home Office? The festivals appear to be as impressed as I am with the civil servants.

That is a start, but we have to move far more quickly to get ahead of the game. In a couple of months, EEA citizens could be required to have visas to travel, adding a huge number of festival performers to the processes—if they still want to come. None of that takes account of the international visitors coming to watch events at the festivals or to see other things while they are here. There is also the parallel issue in the other direction, with the probability that the EU will require additional efforts from UK artists heading there.

[Kevin Brennan (Cardiff West) (Lab)]

I congratulate the hon. Lady on securing this important debate. Is it not the case that in the music industry, for example, many UK touring artists are not very wealthy? Often they are, in effect, a one-person band, travelling on budget airlines and taking their own instruments to their fan base around the European Union. Is there not a real danger that those people’s livelihoods will be directly affected if we do not do something before Brexit?

--- Later in debate ---

[Patrick Grady]

There we are. It has been established. I apologise for inadvertently misleading the House, Mr Gray, but I am glad that I now have the privilege of representing an area where, once upon a time, you bestrode the streets of the west end of Glasgow, which is of course the site of much of Glasgow’s creative industry and vibrant cultural scene, which is why the issue of artists’ visas is so important.

I congratulate my hon. Friend the Member for Edinburgh North and Leith (Deidre Brock) on securing the debate. This is not the first time that difficulties with the visa system have been raised in Westminster Hall, and it will not be the last. It might not be the last time that the Minister has to respond to debates on such topics, although we live in turbulent times. I welcome her to her post. She will have quite a heavy in-tray in the coming weeks and months, but the issue of visas will dominate it, and the speeches and contributions that we have heard from Members explain why.

I want to look briefly at the importance of the creative sector to the UK and Scotland’s economy. The reports that we have heard about illustrate a massive contradiction in Government policy. I want to dwell a little on the specifics of artists travelling from Africa because I have a personal interest and some experience there, and it speaks to the broader policy issue in general. I also want to look at the question of Brexit and its consequences for travel across the European Union.

The creative sector is, as we have heard, hugely important to the economy of the UK as a whole. We are just coming to the end of the festival season. Great cultural festivals include the Edinburgh festival, which is hugely significant and well appreciated and enjoyed. I am happy to continue the rivalry between whether bigger is necessarily better when we consider what Glasgow has on offer compared with Edinburgh. There are other festivals across the UK such as Womad and the festivals that my hon. Friend the Member for Edinburgh North and Leith cited. I pay tribute to the digital engagement team for the way in which it reached out to other organisations and allowed their voices to be heard. I thoroughly recommend that all of the statements be made available to Members, perhaps through the Library, and that the Minister pays particular attention. My hon. Friend quoted from most of them, but I will draw the House’s attention to one or two comments from the various people who contributed.

The music director of the Shambala festival, an international festival of music and art, talked about the multi-faceted nature of the issues and the costs:

“We are often seeking performances from acts that may only have one or two shows in the UK. The costs for Visas for a large band are...spread over very few shows...Secondly, the application is a bureaucratic nightmare that takes a very long time to process and...includes the applicants having to hand over their passports for weeks”,

which, as was suggested in interventions, makes it difficult for the artists to do their jobs anywhere else. The artistic director of the Shubbak festival said:

“The current visa system is unsustainable for the artists we work with. Shubbak’s producers spent a significant amount of time, effort and costs to support artists in their process of visa applications. The forms are overlong and advice is often contradictory.”

Shubbak is one of the largest celebrations of Arab culture that takes place in the UK, particularly here in London.

It appears from the briefing that the quotes from the London international festival of theatre have been endorsed by a significant number of other people from the creative industries. As my hon. Friend said, countless artists are telling festivals and venues that they are reluctant even to accept invitations to come because of the draconian visa process, but they also suggest solutions:

“While we recognise the need for scrutiny...we suggest a number of key developments which...will help alleviate this situation.”

They include reducing the costs, faster processes, clearer information to applicants and opening more application centres. I will come back to that, but it is certainly true of the findings of the all-party groups on Africa, migration and Malawi.

My hon. Friend the Member for Glasgow East spoke about Celtic Connections, a festival very close to my heart. I have taken part in its events for many years and I have good friends who perform in it almost every year. At this time last year, the director of the festival, Donald Shaw, a highly regarded musician and creative talent in Scotland and a real driving force behind the festival, expressed his frustration about artists who are not even willing to consider coming to the festival now because they know of the barriers that will face them. He said:

“These are top-class musicians who have been travelling around the world for over 20 years. Britain now has a very solidly-locked gate, certainly in terms of African visas. The whole thing undermines us as a Scottish festival with an international outlook.”

That is the contradiction: the United Kingdom says it is open for business—that that is the great thing about Brexit, which will take us back on to the world stage. They spend millions, if not tens and hundreds of millions of pounds on “Britain is GREAT” posters, which we see all over the place. Whenever we go overseas and visit UK embassies or see adverts taken out in aircraft brochures, we see “Britain is GREAT”, “Britain is open for business”, but then as soon as somebody applies to come here they are told Britain is not open for business; it is closed. There is a massive contradiction in policy and it is a huge act of self-harm to the economy, society and culture.

[Kevin Brennan]

What the hon. Gentleman says is absolutely right. Is it not also the case that not only are the restrictions draconian, but the Home Office deliberately runs its visa programme as a money-making racket? That is what it is.

[Patrick Grady]

Absolutely. It is particularly important to the creative sector when the operating margin for visas is so small. Most people go into the creative sector out of a love for their art, and to contribute to society and culture as much as to the economy, but if they are successful the margins can have a positive economic input as well. Yet the visa policy is driving that down and making it more difficult for people to make that economic, as well as cultural and social, contribution.

I am reminded of testimony from a very senior official in the African Union—a trade commissioner who came to speak to us at an event in the House of Lords. He was invited by the Lord Mayor of London, yet had to jump through hoops. He was asked for his wedding licence and for proof of his income, despite being effectively a diplomat. To be fair, he got his visa and managed to get here, which is better than some. He says that every time he flies out of Addis, he sees business class sections of planes going into Brussels that are full and business class sections of planes going into London that are half empty. That is a pretty stark demonstration of the visa policy’s impact.

I saw the impact myself recently, when I was in Malawi with the Commonwealth Parliamentary Association and we visited the UK high commission. The first thing that we saw when we came in was a great pop-up banner saying, “Come to the UK and study on the Chevening scholarship.” Yet the night before, when we had met with local stakeholders, campaign groups and so on, we had heard stories of people who had applied for—and been granted—Chevening scholarships but were not getting visas, were being made to jump through hoops, or found that the visas were far too expensive.

Such stories are borne out by the joint report from the all-party parliamentary group on Malawi, the APPG for Africa and the APPG on diasporas, development and migration, which found that

“September 2018 Home Office quarterly statistics show that while 12% of all visit visa applications made between September 2016 and September 2018 were refused, the refusal rate for African visitors was over double this, at 27% of applications.”

There is therefore a particular challenge regarding visas for African musicians, business people, religious ministers and so on, much of which is down to the system, to the creation of a hub and spoke model, and to the attempt to outsource the applications to private companies and then to drive the decision-making process on to some kind of online, algorithm-based system, often based here in the United Kingdom.

Another story emerged from the same visit. The Information Minister from the Malawian Government could not get his fast-track visa approved in time; he was supposed to be in the UK while we were in Malawi. His visit was cancelled in the end because his visa did not come through in time, even though presumably the Malawian Government and Malawian taxpayers—or, indeed, Department for International Development money that helps to support the Malawian Government—financed his fast-track visa application, which was no such thing. Such incidents cause nothing but embarrassment for officials in the high commissions and embassies, who cannot do anything because the left hand seemingly does not know what the right hand is doing, and all the decisions are outsourced to Pretoria. At the same time, I echo the comments that my hon. Friend the Member for Edinburgh North and Leith made about the incredibly hard-working staff both in the embassies and high commissions and in the visa inquiry teams, who are massively overburdened. That simply increases the expense, bureaucracy and contradiction.

Ultimately, if we want the visas, we have to make inquiries or get up and ask questions of Ministers, and the House of Commons Chamber becomes a kind of court of appeal for visas that should simply have been granted in the first place. None of these artists are coming here to abscond or so that they can live on the British welfare state or get jobs as Uber drivers. They are world-class musicians. They are travelling all around the world and are welcomed to other countries with open arms. Only in the United Kingdom—only in “Britain is GREAT” and “Britain is open for business”—are they told that they cannot come.

UK Nationals returning from Syria

Kevin Brennan Excerpts

Monday 18th February 2019 Commons Chamber

[Sajid Javid]

I thank my right hon. Friend for making that point. Of course it is very important that we take responsibility for doing what we can to reduce the risk to Britain and our people, but we also work with our allies to reduce the risk to them, for example through our deradicalisation programmes, and indeed through the work done internationally by the Foreign Office and the Department for International Development to help stabilise those regions.

[Kevin Brennan (Cardiff West) (Lab)]

Not all UK nationals trying to return from warzones in the middle east have been consorting with terrorists; some are trapped there through no fault of their own. Will the Home Secretary work with his Foreign Office colleagues to make sure that people like my constituent, who is being held by Houthis in Sanàa and is a UK national, can get back to Britain as easily as possible, even though they do not have documents?

[Sajid Javid]

Obviously, each case is dealt with on a case-by-case basis and we must consider the individual issues raised. It is important to note that, as we have heard with other cases raised in the House, the travel advice for all British citizens is not to travel to Yemen or Syria. It is important that people realise just how dangerous those areas are. Even if they have some benign intent, they should really think twice about going into a danger zone. But if someone is not connected to terrorism or is not deemed a danger in any way, we should absolutely look at what options are available for offering assistance.

Leaving the EU: Rights of EU Citizens

Kevin Brennan Excerpts

Monday 5th November 2018 Commons Chamber

[Caroline Nokes]

I hope to be able to explain to the hon. Lady that, of course, the settled status scheme opened in private beta testing. When we introduce a new large-scale scheme of this type, it is really important that we do so in a controlled way, which is why it has been only small numbers to date. As she will have heard me say, we are opening it up currently to in the region of 250,000 to 350,000 individuals employed by NHS trusts or indeed by the university sector. We know that there are 3.5 million people whom we wish to go through this scheme, and it is therefore really important that we get the testing right, and, of course, the scheme will be open until December 2020.

[Kevin Brennan (Cardiff West) (Lab)]

As well as “in due course”, the Minister has also used the phrases, “as soon as possible”, “shortly”, “very shortly”, and “in the next few weeks”. Does she understand that those phrases are meaningless and just further undermine the confidence of people who are affected by our leaving the EU on 29 March? Will she now please provide to the House and to those 3 million EU citizens a bit more certainty about the timetable that is in her mind to provide some certainty for those people?

[Caroline Nokes]

My right hon. Friend the Home Secretary indicated that the White Paper will be coming forward in the autumn. The hon. Gentleman will be able to work out that we are in the autumn now, so perhaps he can have greater confidence that, when I say soon, I mean soon. However, he raises the 3.5 million EU citizens that we want to go through the settled status scheme to confirm the rights that we have offered to them. Of course, they have those rights, and that is not dependent on the future immigration system. We have opened the settled status scheme now to the testing cohorts and will be opening it more widely in the new year.

Foreign Fighters and the Death Penalty

Kevin Brennan Excerpts

Monday 23rd July 2018 Commons Chamber

[Mr Wallace]

My hon. Friend makes a really important point. At the end of the day, this is about the security of our country and about justice being delivered where that can be done. For all the stories about the United States of America, it has a robust judicial system, a lot of which is based on English law, and for that reason we should not fear that sharing evidence with the United States is somehow comparable with sharing it with some other states that have been mentioned, or indeed that justice will not be done and that these people will not be given a fair trial if a trial is to happen. That is why I have said repeatedly from the Dispatch Box that I cannot comment in too much detail about these individuals.

[Kevin Brennan (Cardiff West) (Lab)]

The point about a principled opposition to capital punishment is that it exists in all circumstances—not just in areas where there might be a miscarriage of justice, but in the most hideous, heinous crimes of the kind we are describing, where very clear evidence is available. Will the Government tell the House whether, when they spoke to the American authorities, the American authorities told them that no such assurances would be given if the Government sought them?

[Mr Wallace]

In this particular case, much of the potential for a trial was based on a comparison of the United States’ statute book and ours, and whether the US had the suite of offences that would achieve a conviction and we did not. As I said to my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon), that is why we are bringing in some new offences in the Counter-Terrorism and Border Security Bill, which is currently going through the House.

Windrush

Kevin Brennan Excerpts

Monday 23rd April 2018 Commons Chamber

[Amber Rudd]

That is a very fair question. We are going to put in place a compensation scheme. I am going to consult on it first. I would like it to act with urgency and pace, and be able to engage with people such as the hon. Gentleman’s constituent as soon as possible. He must allow me a little time to do that, but I share his need for urgency.

[Kevin Brennan (Cardiff West) (Lab)]

If I write to the Home Secretary about my constituent, Mr Everton George Perries, who has been here since 1974, will she actually answer? I am not sure that she knows what is going on in her Department. I wrote to her on 4 August last year about a case in which one of my constituents was the subject of domestic violence from somebody who should be deported. I wrote to remind her in February this year that she had not answered that letter, and I finally got an answer to it in April, in what was essentially an urgent case. Has her Department not taken its eye seriously off the ball in relation to the real cases of illegal immigration? Is it not surprising to her that in that reply, the official said to me:

“From July last year we saw an unprecedented level of intake in Members’ written correspondence about immigration matters”?

That is hardly a surprise. Why is it such a surprise to the Home Secretary?

[Amber Rudd]

I see that the hon. Gentleman is making a general point about the Home Office. I am always interested in hearing the points that colleagues choose to make, but today I want to focus on the outcomes that I am putting in place for this particular cohort, who need to have their rights put in place.

Criminal Justice System: Adults with Autism

Kevin Brennan Excerpts

Tuesday 30th January 2018 Westminster Hall

[Kevin Brennan (Cardiff West) (Lab)]

I beg to move,

That this House has considered the treatment of adults with autism by the criminal justice system.

It is a great pleasure to serve under your chairmanship, Sir Edward. I am pleased to have secured this debate on a crucial topic that affects the lives of many adults with autism and the families who support them. The debate is about adults with autism and what happens when they come into contact with the criminal justice system.

It is understandable that a lot of focus in this place and elsewhere is given to children with autism—that is right given the need for educational and other support for them, their parents and their families—but autism does not cease to be an issue when someone turns 18 and becomes an adult. Many of the services that might be available for children with autism fall away when they become adults. Parents get older and it is often more difficult for them to cope. Adults with autism face a complex world outside of full-time education where the behaviours and traits associated with autism are often poorly understood, misinterpreted or even sometimes mistaken for criminality. I will say some more about that in due course.

First, I acknowledge the work of the all-party parliamentary group on autism, which has been supported by the National Autistic Society and many other campaigners. That work has resulted in recent positive developments in the criminal justice system for adults with autism. I congratulate the APPG on successfully securing the support of the former prisons Minister, the hon. Member for South West Bedfordshire (Andrew Selous). He wrote to all prisons in England and Wales encouraging them to undertake autism accreditation. Pleasingly, one prison has already been accredited. According to the APPG website, seven more are undergoing that process, but, with well over 100 prisons in England and Wales, there is a long way to go in making further progress.

Recent cases featured in the press, such as that of a young man called Marcus Potter, show that the use of the prison system can exacerbate the condition of those with autism, rather than act in the public interest. The system can cause deep distress and problems. In this case, a young man with an autism diagnosis from the age of three got into trouble for his compulsive filming of the local police. The judge decided to release him from prison, opting for a care plan and probation instead. The judge concluded:

“The worst place for you is where you are”.

There is a lot of work to be done in relation to adults with autism and prisons. There may be Members who want to say something about that in this debate.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Just on that point, I have the privilege of chairing the Westminster Commission on Autism. I do not know whether my hon. Friend saw its recent report on the barriers to healthcare. All these institutions, whether they are in criminal justice, health or whatever, have to give special consideration to people on the autism spectrum. Those environments can be very hostile because of the nature of that challenge.

[Kevin Brennan]

I congratulate my hon. Friend on the work he is doing on that commission and the work he has done around health. One of the complexities with such a debate on autism relates to the Department that should be answering. I do not think I am giving away any state secrets by saying that I received a phone call from the Government asking, “Which Department do you think should reply to your debate?” I do not blame the Government for that—having been a Minister, I understand how Government works—but one of the key problems is the difficulty in ensuring that services are joined up across the Department of Health and Social Care, the Ministry of Justice, the Attorney General’s Office, the Home Office, the Department for Work and Pensions and the Department for Education. All those things play into each other. Even though today’s debate is specifically about the criminal justice system, it is inevitable that other issues play into it.

[Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)]

Does the hon. Gentleman think it might be worth the Government considering, with Cabinet Office oversight, the creation of something like the covenant and veterans board? That would ensure that every Department had someone absolutely focused on the issue. Autism affects every Department and how we make reforms. Such a board could drive the agenda much more comprehensively through the system.

[Kevin Brennan]

I think that is an excellent suggestion. In my experience in government, to get Departments working together and to make progress we have to bring Ministers together, not just officials. Those Ministers have to understand and be passionately committed to making the change. It is possible to make significant change simply by ensuring that Ministers are brought together. When I was a Minister, I attempted a joint project with another Minister, and the only way we could get it done was by ensuring that we met regularly. We told our officials, “You will do this, even though it is not currently in the Department’s culture. We are both telling you to do it, and you will work together to do it.” The hon. Lady’s suggestion is excellent, and I hope that the Minister will take it on board. Even if he cannot commit to doing it this afternoon, I hope he will commit to taking it away and discussing it with his colleagues.

[Mr Sheerman]

Is it not the case that all the institutions have to provide training on people on the autism spectrum? I do not know whether the hon. Gentleman heard reference in the debate last week to Alex Henry. He is an autistic young man. A boy who was with him stabbed someone, and Alex Henry is now in prison for 19 years. He was an easily led young man on the autism spectrum. People on the autism spectrum tend to be quite easily led and are very impressionable. The criminal justice system should be sensitive to the needs of autistic people.

[Kevin Brennan]

I agree with my hon. Friend. I will come on to talk a little about ensuring that joined-up understanding. The criminal justice system needs to be able to identify and understand the vulnerabilities of people with autism when they come into contact with the criminal justice system.

I was talking about a young man who had been sent to prison. I pointed out that there is a lot of work to be done on adults with autism and prisons. I will not talk further about that today—other Members may want to speak about it—because I want to focus on the earlier stages of the criminal justice system and in particular issues relating to safeguarding and arrest. People with autism can often exhibit specific behaviours that others categorise as unusual, such as stimming, which is a repetitive physical movement that helps reinstate a sense of calm. It is a particular trait of people with autism, and it is rarely understood by others. Indeed, most people I speak to have never even heard of stimming and do not know what it is.

Behaviours that are seen to be unusual can sometimes be misinterpreted as antisocial or, even worse, criminal. Indeed, it has been suggested that those who are the highest functioning on the autism spectrum can often bear the brunt of such misinterpretations as their condition is not otherwise obviously visible. They are not always extended the benefit of the doubt. I hope the Minister will outline his views and what is being done to try to prevent people with autism from being mistakenly criminalised by that misinterpretation of that particular trait. What steps are being taken to ensure that the behaviour of those on the autistic spectrum is not misinterpreted by police and the judiciary?

When adults on the autistic spectrum come under suspicion of criminal behaviour, safeguarding becomes crucial. I want to refer to the case of a constituent of mine, who wishes to remain anonymous for obvious reasons. The safeguards in the criminal justice system did not protect him as they should have under current policy and practice. Owing to his understandable desire not to be named publicly, I will not go too far into the detailed circumstances that led to the arrest of my constituent on two different occasions. I know that Ministers are aware of the details of the case through previous meetings and correspondence. Suffice it to say that his stimming was misinterpreted while travelling in crowded conditions on public transport, and that is what led to his arrest.

My constituent declared his autism before he was arrested, which should have triggered a different pathway from a normal arrest, but he was not diverted or safeguarded at the point of contact as he should have been. On the first occasion, no appropriate adult was called, his parents were not contacted as they should have been, and he was not assessed as fit for interview. A caution was issued against him, which was later quashed due to those lapses in procedure. Unfortunately, he was arrested again three years later, and his vulnerability and protected characteristics were not properly recognised by the police or the health professional who assessed him. In other words, the reasonable adjustments that are required by law were not made during detention or subsequently, and that case was dropped without charge.

In January 2009, Lord Bradley, who is of course a former Member of this House and pays very close attention to these kinds of proceedings, published his review of people with mental health problems or learning disabilities in the criminal justice system. His report set out a policy of liaison and diversion for people with these kinds of issues away from police custody, for assessment by clinicians prior to arrest and custody. I want to be perfectly clear that diversion does not mean not having to answer the allegations; it means that behaviours associated with autism are properly contextualised, that both the accused and the evidence are properly protected, and that an appropriate adult is present. Lord Bradley specified in his report:

“Studies into the use of Appropriate Adults have concluded that provision of the Appropriate Adult is very inconsistent. Firstly, the needs of a defendant have to be identified, which are often missed. Even when a need for an Appropriate Adult is identified there is currently a shortage of individuals who can perform the role effectively.”

My contention is that if Lord Bradley’s recommendations had been properly followed when my constituent was arrested in 2011 and 2014, the trauma that he and his family suffered could have been avoided. My constituents are not the only ones who have had such misunderstandings with the police. The National Autistic Society has said:

“our charity still hears regularly from autistic people and families who say that responding police did not understand autism and did not respond appropriately. This causes unnecessary distress to the individual and to police attending.”

[Mr Sheerman]

Will my hon. Friend give way?

[Kevin Brennan]

I will in one second. In driving home my point—before my hon. Friend helps me to do so—I want to ask the Minister to go back and look at Lord Bradley’s proposals and ensure that they are being fully implemented across the system. I will now, with great pleasure, give way to my hon. Friend.

[Mr Sheerman]

My hon. Friend is making such a good speech, which has stimulated me to remind him that the court system very often derides professional opinion about the facts of autism. Professor Baron-Cohen of the University of Cambridge is probably the best-known expert on autism in the country. In the recent case of Lauri Love, who is in danger of being sent to the United States where he will almost certainly be in danger of committing suicide, the professor’s evidence was dismissed out of hand. In fact, he was attacked as an expert when he was in court. Does my hon. Friend agree that professionals who know about autism have been disregarded in a number of cases?

[Kevin Brennan]

My hon. Friend describes a very distressing phenomenon. Professor Baron-Cohen is one of the world’s experts in this area, and the idea that his evidence would not be taken seriously in an instance such as the one that he describes is obviously highly concerning. I hope that the Minister will consider that, and whether legislation might be required to ensure that the Lord Bradley’s recommendations are followed across the system.

The issues that I am raising today were borne out in a study by the University of Bath, published in 2016. A survey of almost 400 police officers found that only 42% of officers—so a minority of officers—were satisfied with how they had worked with individuals on the autism spectrum. Some 37% of officers had received specific training on how to work with individuals on the autism spectrum, but many found that even that training was not tailored to their specific roles within the police force. In addition, organisation and time constraints were cited as specific barriers, so what assessment has the Minister made of the effects of the continuing cuts to police budgets on the training that is offered to police officers and staff working with adults on the autistic spectrum, and what will he do following the debate to ensure that safeguarding policies are properly put into action across the board?

The National Autistic Society has a free resource aimed at police officers and staff, which offers a guide to working with people on the autistic spectrum. I hope that the Minister will be able to join me in publicly encouraging police services in Wales to use that resource, which is appropriate for Scotland and Northern Ireland as well, and to seriously consider its guidance.

As I said, the allegations against my constituent resulted in a caution that was quashed and in the second instance they were dropped. However, to his great distress, those erroneous allegations remain on police databases. At the time of his arrest, my constituent was living and working across the border in England, not in Cardiff, but the discovery that the allegations against him were kept on police databases, despite the police having acknowledged that they were inaccurate, caused him very severe psychiatric harm, as was confirmed by two separate psychiatric reports. As a result, my constituent ended up giving up his job, flat and independence to return home and live with his parents in Cardiff. We cannot want to see such an outcome for an adult with autism who has established independence and a productive role in society in the workplace. It shows the life-changing effects that a lack of safeguarding can end up having.

The allegations remain on police records. The chief executive of the relevant NHS trust invited both the police and the Independent Police Complaints Commission to send representatives to two meetings to discuss how they could help to protect my constituent from further psychiatric harm. I am sad to say that they did not attend either meeting. Even though extensive and complex complaints have been made to the relevant agencies, those made to the police and the Independent Police Complaints Commission remain unresolved. My constituent and his family have grave concerns about the governance and compliance with required standards demonstrated in the handling of their complaints.

There is no evidence that the police service involved recognised my constituent’s continuing vulnerability, or put in place plans to respond appropriately and safely in the event of further contact with him. In my view, therefore, they neglected to protect him from future risk of harm. Before the first incident, and subsequently, he was studying for a degree and travelling daily on public transport. Before the second incident, he was working full time, but his experiences and, in particular, the failure to remove or amend the allegations resulted, as was predicted by the senior medical consultants who assessed him, in serious impairment of his health and development, with a significant increase in his anxiety and impact on his functioning. As a result, he lost his employment, moved back home and is no longer able to travel independently on public transport.

In pursuing his case, my constituent and his parents have unearthed many worrying inconsistencies. For example, he was originally told by the police that the case against him was not pursued on public interest grounds, whereas the Solicitor General later confirmed that it had been dropped through a lack of evidence. Those are two very different reasons not to prosecute.

Hon. Members will recall the Commons debate on 30 November last year on mental health and suicide in the autism community, in which reference was made to recent research findings that autistic people are nine times more likely to kill themselves than the average population. For people on the autistic spectrum, contact with the criminal justice system can often come at moments of heightened anxiety. As such, it is crucial that all parties are fully informed and trained to find a solution that does not cause undue distress or, in the case of my constituent, severe psychiatric harm.

I urge the Minister to listen to today’s debate and the suggestions from hon. Members. I urge him to speak with his colleagues in the Government to find a way to work in a more joined-up fashion in a ministerial-led initiative, to make sure that what happened to my constituent does not happen to him again, or to others, and to ensure that this country has a reputation across the world for the highest standards in dealing with the issues faced by adults with autism.

--- Later in debate ---

[Carolyn Harris (Swansea East) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate my hon. Friend the Member for Cardiff West (Kevin Brennan) on securing this important debate.

Let us be clear. Autistic people are discriminated against in society as a whole, but especially in the criminal justice system. They can face discrimination when their autism is not readily apparent, or no help is offered. Where it is apparent, they are often treated differently or suspiciously. Autistic people without a learning disability are nine times more likely to die by suicide than the rest of the population. That figure is considerably high and shows the lack of understanding and awareness of the needs of people with autism.

On occasions when an autistic person comes to the attention of the police and other services, it is normally because their social and communication difficulties are misunderstood or they have not been given appropriate support. Autistic people can become extremely distressed in situations that they do not understand or when they are surrounded by noise and confusion. In such circumstances, their actions and behaviour can easily be misinterpreted and subsequent actions may escalate a situation.

The criminal justice system needs to reform and adapt in order to meet its fundamental human rights obligations to treat people fairly and equitably. The National Autistic Society developed its autism accreditation scheme for prison settings. Accreditation covers autism understanding training for prison staff such as guards, but is also more widely helping to make the prison environment more autism friendly. Accreditation should be extended to all prisons, all detention centres, all courts and all police stations, as well as to the probation service. The duty must be on the prisons and courts and their individual officers to ensure the fair treatment of those in contact with the criminal justice system. Individual officers could also be accredited. There should be a requirement for at least one key individual in central functions to be accredited: for example, duty sergeants or clerks of the court.

Accreditation recognises good practice, which helps ensure that people on the autistic spectrum get the extra support needed to adjust to life in prison, and extra support while they serve a sentence, or as they prepare for leaving prison. Without that support, autistic people may develop additional needs such as mental health problems or risky behaviour, and rehabilitation will be harder. Greater awareness and support will benefit autistic people as well as prison staff, police officers and managers in that area of work. Expert opinion is clear that autism sufferers need special and sensitive treatment, especially in a stressful criminal justice environment.

[Kevin Brennan]

I am grateful to my hon. Friend for the way she is responding to the debate. What she just said has triggered a thought, and I want to quote a comment made by someone in the professional standards department of the police service about the complaint by my constituent. It begins:

“I’ve read this several times and they just don’t get it do they”

and notes that my constituents “continue to maintain” that their son

“should have been ‘diverted’ prior to arrest. What utter rubbish!”

If that is the continuing attitude in the police, does my hon. Friend agree that we have a long way to go to get things right?

[Carolyn Harris]

We certainly do have a long way to go, and what my hon. Friends have said emphasises what we all know: we need to look at autism as a special consideration.

For many autistic people, prison means the system has failed. Work must be done with probation services and police forces to create a specification for autism accreditation in those settings. That will help to prevent autistic adults from entering the criminal justice system in the first place and it will certainly help with rehabilitation. More training and support must be given to initial responders to crime, including those working with witnesses and victims. Initial contact with the police will often come at a time of heightened anxiety, so it is important that the police know how to approach such a situation and how not to allow it to escalate.

--- Later in debate ---

[Mr Hurd]

The short answer is no, I am not in a position to give an update to the House on that, but of course I completely understand its sensitivity. An announcement will be made in due course.

I was trying to give reassurance to the hon. Member for Cardiff West, who prompted this debate, about measures taken to ensure greater provision of appropriate adults. I was saying that liaison and diversion schemes operate in police stations and courts in about 80% of England. Such schemes help to assess individual vulnerabilities and any underlying mental health, autism or learning disabilities issues. They can further assist with referring the person to an appropriate health or welfare assessment if necessary, as well as helping to inform the most appropriate charging decision or sentencing outcome.

The hon. Gentleman mentioned that the family in his constituency case were frustrated with the complaints procedure. Let me say something briefly about that. If individuals are unhappy about their treatment by the police, there are avenues of complaint. Individuals may complain directly to the relevant police force, or they can raise a matter with their local police and crime commissioner. Complaints that include serious and sensitive matters such as assault or serious corruption must be referred directly by the police to the Independent Office for Police Conduct. Police and crime commissioners maintain an overview of complaints about the police and they are democratically elected to hold the chief constable to account for the performance of the force, on behalf of the public.

There is a further right to appeal against how a complaint has been handled by the police. Depending on the nature of the complaint, it will be made either to the chief constable or to the Independent Office for Police Conduct, formerly the Independent Police Complaints Commission.

[Kevin Brennan]

I know that this is not directly the Minister’s responsibility at the Home Office, but it seems that there is a gap in the accountability chain in relation to the British Transport police, because it is paid for by the train operating companies and does not have an elected police and crime commissioner. Will the Minister talk with his ministerial colleagues about whether there are ways in which we can improve the accountability of the British Transport police?

[Mr Hurd]

The hon. Gentleman makes a reasonable point. I will certainly assume that undertaking and I will communicate back to him the consequences.

The police complaints process is a very sensitive area for the public and for the police. The IOPC is under a new chief executive, Michael Lockwood, whom I will write to after the debate to register some of the concerns expressed so that they are on his radar screen as he assumes leadership of that organisation.

I congratulate the hon. Gentleman on securing this debate, which has allowed me to raise my own awareness of some of the underlying difficulties and experiences of our fellow citizens. The treatment that they receive in our public service, whether in the criminal justice system or the health system, is quite unacceptable. That remains a challenge for us as a society and for Governments of all colours. I have tried to reassure colleagues that we have done much in recent years to improve awareness of and understanding about people who have what initially may be invisible vulnerabilities, such as autism, but doubtless much more can be done. The Government have demonstrated their commitment to improving protections for the wellbeing of the potentially vulnerable, including in the criminal justice system.

I made various undertakings in the debate, which I will honour despite whatever advice I receive after the debate. I congratulate everyone who has contributed; debates such as this will ensure that the issue remains high on the agenda. I have seen it rise since I have been in Parliament, but it is only through the persistence of the APPG, Members and various criticisms from the National Autistic Society that this point continues to be pressed, meaning that more Members come out of these debates with increased awareness of the importance of the issue.

[Kevin Brennan]

I am grateful to have a brief opportunity to respond. I thank everyone who has participated in the debate. More than one Member pointed out that it has been a learning curve for everyone present; I include myself among them. It is a subject on which we all can learn more and we would benefit from learning more about autism. In particular, I thank all colleagues who contributed with a speech or an intervention.

I hope that as many as possible attend tomorrow’s debate brought by my hon. Friend the Member for Bristol West (Thangam Debbonaire) on another aspect of autism, which reinforces the point that I made at the outset: this is a subject that permeates across different parts of Government. That highlights the need for Ministers to do what the Minister has promised—to work with each other and perhaps to consider some of the suggestions made in the debate in a more formal way, in order to tackle the issue of autism across all Government Departments. If he chooses to do that along with his colleagues, he will certainly have my support and I am sure that of my hon. Friends as well.

I thank the Minister for his response. He referred to the brief period when I was radiant with lawful power all those years ago, and when he was my shadow—I am now a shadow of my former self. During his remarks at the end of the debate, I saw his officials’ ears prick up when he said that he was going to carry out what he had promised to do, whatever advice he received. I say to his officials that he is a free-range, organic Minister, rather than a battery-farmed one. He is never satisfied to just read out his brief from his civil servants, but will listen and try to act. Having had praise lavished on him, he now has to fulfil all the things he pledged to do in the debate: to follow up with other Ministers, to ensure that he gets the College of Policing on the case, and to take on board my point about the British Transport police and the IOPC. I am glad that he will engage with the new leadership at the IOPC.

I absolutely concur with the Minister about some of the great work that our police officers do in very difficult circumstances, but there are occasions when, either through lack of training or in some cases through poor practice, things go wrong. We are here to hold them to account while acknowledging the incredible work they do under the most difficult circumstances.

I thank the Minister for the sincerity with which he has responded to the debate and his promises that he will take things further and learn more about all this. Finally, I thank all the people with autism and their families across the country for their tremendous forbearance under very difficult circumstances, and for how they cope with what can be a very difficult situation in their lives. I hope that the debate will genuinely help to move things forward and to make a difference.

Question put and agreed to.

Resolved,

That this House has considered the treatment of adults with autism by the criminal justice system.

Online Hate Speech

Kevin Brennan Excerpts

Thursday 30th November 2017 Commons Chamber

[Amber Rudd]

We are clear that the sort of hatred that she describes and the sort of division that is sown by Britain First, for instance, is unwelcome here in the UK. We will always take action to call it out. We operate in the Home Office to take down information that gets up on the internet that should not be there. We take down about 2,000 pieces of terrorist content a week. We are always stepping up to ensure that there is more information out there that can help to bind our communities together. I share the hon. Lady’s view. I have the same response in my constituency. I want to be absolutely clear that our communities will hold together, and that we abhor all hate crime, and we will always say that.

[Kevin Brennan (Cardiff West) (Lab)]

May I offer the Government a way out of the diplomatic ditch that they are in? Her Majesty the Queen has been cutting back on her engagements due to her great and welcome age. She has a royal wedding to look forward to next year and the birth of a new great grandchild. Do not those facts alone justify the Government’s announcing the postponement of the state visit by the President of the United States for at least, say, three years?

Oral Answers to Questions

Kevin Brennan Excerpts

Monday 16th October 2017 Commons Chamber

[Brandon Lewis]

The short answer is no. The hon. Gentleman might be a bit confused, because we have been clear all the way through that we want good, genuine international students here at good, genuine institutions. The Government should take great credit for shutting down bogus colleges, so that when students come here they know that they are going to a good, strong institution. They play an important part in our economy, and we encourage that to continue.

[Kevin Brennan (Cardiff West) (Lab)]

24. When international students come to the UK, what fees are they charged, and does the Department make a profit? The charge in a case of indefinite leave to remain is £2,297, but the cost to the Home Office is just £252. What kind of a racket is being run at the Home Office?

[Brandon Lewis]

I am happy to remind the hon. Gentleman that we set immigration and nationality fees at a level that ensures that the income received contributes towards the resources that are necessary for the wider border, immigration and nationality system, and in line with the charging powers approved by Parliament that are set out in the Immigration Act 2014, which he may have forgotten.