Oral Answers to Questions

Kevin Brennan Excerpts

Monday 3rd July 2017 Commons Chamber

[Mr Wallace]

As the right hon. Gentleman knows, the number of police required in each force is down to the chief constable of each force. He should recognise, because in 2009-10 he was doing a similar job to me, that, owing to the changing nature of policing, we have seen an increase in funding for the National Crime Agency and specialist policing to tackle those areas. That goes alongside normal day-to-day policing. Back in 2015, in recognition of the importance of the beat constable, we on the Government Benches protected police spending. We were able to deliver that because we had a firm economy.

[Kevin Brennan (Cardiff West) (Lab)]

6. What plans she has to increase the number of police officers in the community.

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

The hon. Gentleman will know, I am sure, that direct resource funding for the South Wales police force, which covers his constituency, will be up 3% in 2017-18. He will also know that decisions on the size, composition and deployment of the police workforce are operational matters for individual chief officers and police and crime commissioners.

[Kevin Brennan]

Ministers should be given credit for making sure that they leave no cliché left unsaid in their attempt to defend their actions in relation to the police force. Can the Minister remember a time when a Conservative Government have been so unpopular with police officers—apart from when the current Prime Minister was Home Secretary?

Jamal al-Harith

Kevin Brennan Excerpts

Thursday 23rd February 2017 Commons Chamber

[Victoria Prentis (Banbury) (Con)]

As you are aware, Mr Speaker, before I came to this place I worked as a Government lawyer. Although I did not work on this specific case, colleagues in the department in which I worked were involved in it.

[Kevin Brennan (Cardiff West) (Lab)]

That is called hearsay evidence.

[Victoria Prentis]

No, it is not.

In this country, we have a proud tradition of law: law that supports not only people who are attractive to the general public, but those with whom the general public would not have sympathy. The question I wish to put to the Minister is this: to what extent has he worked and have this Government worked to enable the rule of law to be upheld and to enable the “secret courts” Act to come into effect so that we can study these cases properly?

--- Later in debate ---

[Mr Wallace]

I cannot comment on our operations, or on knowledge or surveillance, but I can assure the right hon. Gentleman that, as I have said, the powerful Intelligence and Security Committee can ask all these detailed questions and investigate unilaterally these issues to make sure that, if it needs the answers, it can get them and reassure the House on whether or not enough is being done.

[Kevin Brennan (Cardiff West) (Lab)]

I welcome the Minister’s commitment to my hon. Friend the Member for North Durham (Mr Jones) to write to him and tell him which Minister took the decision about the compensation. The Minister mentioned the introduction of exit checks. Presumably, this individual was subject to an exit check when he left the country. Can the Minister give an account, from the Government’s point of view, of what happened in this case after that individual left the country?

[Mr Wallace]

As I said at the very beginning, I cannot comment on the individual case or the intelligence behind it. However, as I have said, the Intelligence and Security Committee is perfectly able to look into it. The point about which Minister took the decision is a bit of a red herring. The United Kingdom Government were obliged to make certain agreements because of the vulnerability they found themselves in as a result of 2004 and the allegations made when a number of Members on your Benches were members of the Government.

Oral Answers to Questions

Kevin Brennan Excerpts

Monday 31st October 2016 Commons Chamber

[Mr Goodwill]

I can give my hon. Friend the assurance that we are working hard to identify children who would qualify under Dubs and Dublin. It is very important indeed that we ensure that the most vulnerable, particularly the children under 13 and those who may be vulnerable to sexual exploitation, are prioritised under the Dubs amendment procedure.

[Kevin Brennan (Cardiff West) (Lab)]

Bashir Naderi, who is 19, was trafficked to the UK at the age of 10 from Afghanistan after his father was murdered by the Taliban. I understand that this afternoon he was on his way to Gatwick to be removed from the country but that that has now been stopped. Will the Home Secretary accept my plea and that of my hon. Friend the Member for Cardiff Central (Jo Stevens), whose constituent Bashir is, to intervene urgently to stop this removal?

[Mr Goodwill]

Although it would be inappropriate for me to comment on individual cases, I am aware of this case. It is on my desk at present.

Child Refugees: Age Checks

Kevin Brennan Excerpts

Friday 21st October 2016 Commons Chamber

[Mr Goodwill]

It is a matter of great concern that criminal gangs, particularly people traffickers, are in the camps. The best way to curtail the actions of those criminal gangs is to dismantle the camp and disperse the people around the country, where they are less able to be targeted. I am pleased that the Home Office, working with our French counterparts, has succeeded in making a number of arrests where people trafficking is going on, and we will continue to keep up the pressure.

[Kevin Brennan (Cardiff West) (Lab)]

My constituent, Norman Vetter, sent me an extract this morning from the British Medical Journal, which states:

“Medical estimation of age is still inaccurate and the results are unreliable.”

It goes on to say:

“Age estimations have standard deviations of more than 12 months and are limited by intraindividual discrepancies, racial differences, and poor inter-rater reliability”,

and concludes:

“Ethically, it is hard to justify treating someone as an adult based on such unreliable data.”

Does the Minister agree?

[Mr Goodwill]

The hon. Gentleman is right. All the august medical and dental bodies that I quoted made it clear that medical or dental evidence cannot be used as a way of determining age. My own wisdom teeth did not come down until quite late in life. In many cases, those young people have not enjoyed the same nutrition as we have, so their stage of growth may vary. I underline the fact that all the evidence indicates that we cannot use medical or dental data. If the determination of age is necessary, there is the Merton process, which requires referral by two social workers and takes about 28 days. That method is used by social services throughout the country where an accurate determination of age is needed. That could not be done within the available time, even if we could do it on French territory.

Football Fan Violence: Euro 2016

Kevin Brennan Excerpts

Tuesday 14th June 2016 Commons Chamber

[Mrs May]

Obviously the investigation of any incidents that have taken place will be primarily a matter for the French authorities. However, I can assure the hon. Gentleman that consular support from the Foreign and Commonwealth Office is available to all those people.

[Kevin Brennan (Cardiff West) (Lab)]

I was lucky enough to be part of the 25,000-strong sea of red in Bordeaux at the weekend who witnessed Wales’s victory over Slovakia, which leaves us top of the group—[Interruption]—ahead of England. However, there is genuine concern about what those Welsh fans may face during the two group games before the next stage: the games against England and Russia. The Home Secretary is, after all, Home Secretary for both England and Wales, so what assurances can she give about what she is doing, in conjunction with other authorities, to ensure that those Welsh fans—who, it must be said, behaved impeccably in Bordeaux—are protected during the next two games?

[Mrs May]

You will have noticed, Mr Speaker, that I am trying to avoid commenting on any results of matches that have taken place.

I can tell the hon. Gentleman that we are paying attention to the policing of all the matches that involve home nations. Police from Wales, England and Northern Ireland are in France, and Assistant Chief Constable Roberts is working with all the police and the French authorities on behalf of every home nation.

Oral Answers to Questions

Kevin Brennan Excerpts

Monday 5th January 2015 Commons Chamber

[Lynne Featherstone]

I am more than happy to congratulate my hon. Friend’s local police on their efforts to reduce crime and their success in doing so. As I said, I congratulate all police forces across the country who are managing the reductions efficiently and cutting crime.

[Kevin Brennan (Cardiff West) (Lab)]

Does the Minister agree with Sir Tom Winsor that policing shoplifting is not necessarily to be done?

[Lynne Featherstone]

I might not have put it that way, but when one compares murder with shoplifting, that is one issue. The important point is that all crime should be tackled, regardless of what it is. Someone might start with shoplifting, but who knows where they will end up? Our objective is to cut all crime.

Wanless Review

Kevin Brennan Excerpts

Tuesday 11th November 2014 Commons Chamber

[Mrs May]

My hon. Friend makes a very important point. It is precisely those sorts of issues that have led people to query what has happened, question the attitude taken to these matters and ask the very question he raises about why there do not seem to have been any prosecutions off the back of it. Wanless and Whittam were specifically asked to look at how the police and prosecuting authorities dealt with any reference that had been made from the Home Office because, as I said earlier, in my view it is not good enough for the Home Office to say, “Well, we’ve reviewed what the Home Office did.” We need to know what happened to the evidence that the Home Office passed on. It is in looking at what further action was taken that I have gone back to Wanless and Whittam in the letter I sent them today.

[Kevin Brennan (Cardiff West) (Lab)]

Can the Home Secretary shed any light on recent press reports that the Dickens dossier might be held in the files of Barbara Castle at the Bodleian library in Oxford?

[Mrs May]

I am unable at this stage to shed any further light on that, but obviously that will be looked into. If there is evidence sitting somewhere like that, we want to ensure that it is available to the inquiry.

Child Abuse

Kevin Brennan Excerpts

Monday 7th July 2014 Commons Chamber

[Mrs May]

The point is that the inquiry panel should be able to look at historical allegations and identify what lessons need to be learned. As I indicated in response to an earlier question, I think it is appropriate for me to make it clear again that it will not be for the inquiry panel to determine a particular allegation; if there is an allegation where a criminal investigation is more appropriate, it should be referred to the police for criminal investigation. It will, however, be looking across the board at these historical allegations and at why so many children in so many different environments—in the care of the state and in other areas—found themselves the victims of this abuse and apparently nothing was done to protect them properly.

[Kevin Brennan (Cardiff West) (Lab)]

Further to the points made by my hon. Friend the Member for West Bromwich East (Mr Watson), we know that special branch suppressed files alleging criminality in the Cyril Smith case. Allegations have been made that the intelligence services have been involved in the hushing up of police inquiries. Will the Home Secretary accept in terms, and tell the House today that she accepts completely, that without access to those records, including those of the intelligence services, this new inquiry will not be able to establish the truth?

[Mrs May]

I had hoped that I had made it clear to the House that it is my intention and expectation that all material, or Government papers, will be made available to the inquiry panel. The caveat that I put on that—I am sure that the hon. Gentleman and other right hon. and hon. Members will recognise this—is that if, when we are dealing with this material, intelligence matters are involved, certain care will have to be taken in the way in which that material is dealt with. I intend that, as far as possible, Government papers will be made available to the inquiry so that that inquiry can come to a proper determination.

Extremism

Kevin Brennan Excerpts

Monday 9th June 2014 Commons Chamber

[Mrs May]

My hon. Friend has spoken very wise words and he is absolutely right.

[Kevin Brennan (Cardiff West) (Lab)]

The Home Secretary’s special adviser had to resign—it was right that she did so—although, after what the right hon. Lady said, we do not know whether that is related to the letter. The Education Secretary, rightly, was disciplined for breaching the ministerial code. Does the Home Secretary feel that she bears any responsibility for “certain things” that have happened?

[Mrs May]

The hon. Gentleman is well aware of the progress of what happened in relation to the Cabinet Secretary’s investigation of last week’s events. The investigation took place at the request of the Prime Minister. The Cabinet Secretary did that swiftly and a number of actions resulted from it.

Asian Restaurateurs (Immigration Enforcement)

Kevin Brennan Excerpts

Wednesday 2nd April 2014 Westminster Hall

[Nia Griffith (Llanelli) (Lab)]

I am grateful to have been afforded the opportunity to raise the treatment of Asian restaurateurs by immigration enforcement officers. I seek to make this a constructive debate on a very difficult issue, and I genuinely hope that it will lead to a more productive relationship between Asian restaurant owners and immigration enforcement officers.

[Kevin Brennan (Cardiff West) (Lab)]

My hon. Friend is absolutely right to try to make this a constructive debate. Of course, I know that hard-working immigration officers have to do their job, but was she as disturbed as I was when a group of restaurant owners came to the House of Commons last week and described some of the ways in which they and their staff were being treated? Should not the Minister explain why that must not happen again?

[Nia Griffith]

That is a good point. It was distressing to hear some of the stories that we heard last week, which is why I have secured the debate. The meeting that was held last week brought a delegation of Asian restaurant owners from south Wales to the Houses of Parliament for a meeting arranged by my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty). He had invited representatives from the immigration enforcement service to attend, but they were unfortunately unable to do so at short notice. However, my right hon. Friend the Member for Delyn (Mr Hanson), Labour’s shadow Immigration Minister, attended, and I am grateful for his presence today, even though the rules of debate mean that he does not have an opportunity to make the case from the Opposition Front Bench.

As my right hon. Friend the shadow Minister said last week, we all agree that we need strict border security and proper enforcement of immigration rules, but the way in which some Asian restaurant owners have been treated by immigration enforcement officers is nothing short of disgraceful, and it is damaging to business. Times are tough, so to have immigration officers arriving at 7 o’clock on a Friday evening, causing distress among the customers, slamming the doors and handcuffing the chefs before they can even turn off the cookers is simply not acceptable. It causes not only immense financial loss on the evening in question, but irreparable damage to the reputation of that restaurant, particularly in a small town, and it will take years to rebuild customers’ confidence in returning to the restaurant. That is an acute embarrassment. Sadly, in some cases, it was even found that there were no substantive grounds for going there in the first place, so it was a complete waste of taxpayers’ money.

The debate coincides with the publication last month of the report by the independent chief inspector of borders and immigration on the use of the power to enter business premises without a magistrate’s search warrant. The report makes the point that two thirds of visits to business premises lack the necessary justification. Although the report focuses on a particular issue, it highlights more general points, such as widespread non-compliance with the guidance and lack of oversight procedures by senior management, who seem to have quite limited knowledge of the power as it is being used in practice. The report highlights visits on purely speculative grounds and inadequate staff training. It mentions that significant numbers of staff and management were either ignorant of, or choosing to ignore, the guidance. It also highlights a lack of understanding of what constitute suitable grounds for a visit, and gives an example of how an allegation should be backed up by any available data from, for example, Her Majesty’s Revenue and Customs.

--- Later in debate ---

[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.

[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.