Arrests and Prison Capacity

Kevin Foster Excerpts

Wednesday 22nd May 2024 Commons Chamber

[Chris Philp]

I may have got worked up, because the allegations being made were, in my view, unfounded and unsupported by the facts. I was simply trying to put across the facts—both the numbers and also the quotes from the relevant policing lead—which flatly contradicted the dystopian picture that the shadow Home Secretary, characteristically, was seeking to paint. To answer the right hon. Gentleman’s question, we of course take such matters seriously. The Lord Chancellor is working night and day to increase prison capacity, both by building new prisons expeditiously and by pulling every lever at his disposal to build more capacity within the existing estate. The prisons are pretty full because the police have done a good job at identifying, catching and incarcerating dangerous criminals. A thoughtful approach, of the kind called for by the Chair of the Justice Committee, my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill), has been taken. That is why, with the implementation of the end of custody supervised licence tomorrow, the issues and contingencies provided for in the letter of last week will no longer be required. It was an eight-day period and, thankfully, those contingencies were not in fact required.

[Kevin Foster (Torbay) (Con)]

It is reassuring to hear from the Minister that the contingencies were not required, but also interesting to see that the letter was actually issued. Given his reactions here today to that, what process has he put in place to ensure that he is consulted before any such instructions or suggestions are issued?

[Chris Philp]

As a former Home Office Minister, my hon. Friend has a great deal of experience in this area. The police are operationally independent, but we liaise closely with them and the National Police Chiefs’ Council. I have regular discussions with Gavin Stephens, who chairs the NPCC, and, in relation to this matter, with Chief Constable Rob Nixon, who is the criminal justice lead, and with Deputy Chief Constable Nev Kemp of Surrey, who is the lead for custody. I will take this opportunity to place on the record my thanks to police up and down the country for their careful management over the past seven days, which has ensured that our fellow citizens have been kept safe.

Safety of Rwanda (Asylum and Immigration) Bill

Kevin Foster Excerpts

Consideration of Lords message
Wednesday 17th April 2024 Commons Chamber

[Stephen Kinnock]

I am pleased the right hon. Gentleman has asked me that question, as we often get this point about returns from Conservative Members. What I find fascinating is that, when we look at, for example, India, Pakistan and Bangladesh, which are clearly safe countries in principle, we see that 80% of the applicants from those countries whose asylum claims fail are not being removed by this Government. For instance, the Home Office rejected asylum applications from 1,750 Pakistanis in 2023, yet Home Office data shows that just 620 people were removed to Pakistan in 2023. A clear proportion of those would have been asylum seekers—some may well have been foreign national offenders. The key point is that there are many, many countries to which it is more than possible to return people, yet the Government are simply failing to do so.

My hon. Friend the Member for Newport East (Jessica Morden) asked an extraordinary question in Home Office orals on Monday about a foreign national offender in her constituency who has been convicted of a sexual offence and has asked to be returned to his country of origin, but the Home Office has not facilitated that or allowed it to happen. Clearly, there is something going seriously wrong with returns. As I have mentioned, we have seen the number of returned failed asylum seekers plummet by 44% since 2010. We should be focusing on those countries with low grant rates, because that is where we can clear some of this backlog and return people to their country of origin when they have no right to be here.

[Kevin Foster (Torbay) (Con)]

I thank the shadow Minister for giving way. I find it interesting that he has suggested that all we need to do is ask India for emergency travel documents and it will immediately issue them. Has he made any attempt to find out what the issues might be there?

[Stephen Kinnock]

The key point is that, under the last Labour Government, returns were working. A part of that, I suspect, is based on proper, adult, grown-ups in the room having proper, adult, grown-up diplomatic conversations with the Governments with whom we mean to engage. What we have seen with this Government over the past few years is a consistent commitment to burning diplomatic relationships with a whole range of countries, and when we burn those bridges it makes it much more difficult to achieve what we need to achieve in our own national interest.

The Government have promised a whole range of things from that Dispatch Box, and the Lords amendments on these rule of law issues are simply seeking to put in the Bill what Ministers have promised. Why else are they rejecting the amendment in the name of my noble friend, Lord Coaker, which simply asks the Government to commit to promises that they have made? Likewise, why not support the Lords amendment in the name of the noble Baroness Chakrabarti, which allows Ministers, officials and courts to consider whether Rwanda is safe for individuals on a case-by-case basis, if the Government support the principle of appeals, as Ministers claim that they do?

Investigatory Powers (Amendment) Bill [ Lords ] (First sitting)

Kevin Foster Excerpts

Committee stage & Report stage
Thursday 7th March 2024 Public Bill Committees

[Tom Tugendhat]

That is what I was going to say. Although the register is not publicly available and therefore would not fit in this category, that is where we get to the line. The “no” is for publicly available data, and that is relatively clear.

The “low” comes in areas such as the idea of leaked papers, which somebody raised—forgive me, I cannot remember who. That is where the Bill sets out terms under which datasets should be considered, because of course it is impossible for me to give an answer that applies to every single dataset into the future. One example that came up recently, as right hon. and hon. Members will remember, is the Panama papers. One would not argue for a second that the people listed in those papers had an expectation of openness initially. However, after those papers had been published and republished over many years, at what stage do we really think the expectation of privacy is maintained?

That is where the dataset becomes low expectation. We have set out the oversight regime in another area of the Bill, but I will touch on it. The Investigatory Powers Commissioner has a range of responsibilities, the judicial commissioners have other responsibilities for approving warrants and IPCO has responsibility for overseeing the regime. That is where that is addressed—in slightly ways at each moment of influence and each moment of power, but everything is covered.

[Kevin Foster (Torbay) (Con)]

I am interested in the Minister’s example of the Panama papers. As he rightly says, when those papers were originally held by a bank or a financial institution, there would be an expectation of privacy. However, he is alluding to where they are sourced from. Those papers have been freely circulating on the open internet and anyone can download them, and it is at that point that the low or no expectation would come in. Rather than the nature of the document itself, it is the fact that it is easily available online that matters.

[Tom Tugendhat]

My hon. Friend is absolutely right. The reality is that once papers are effectively public, the argument for privacy somewhat falls away. That is exactly where we are getting to in this area, which is why we have looked at how to oversee it and the different elements within it. Part 7A explains the oversight regime clearly and section 226A really gets to the nub of it.

It is important that we focus there, where the argument comes back to the essential element: when considering whether intelligence services have applied the test correctly, the judicial commissioner will apply the same principles that a court would apply on application for judicial review. We therefore have an internal legal process overseeing this before it would even get to any legal challenge. That is why it is more robust than some voices have gently suggested, and covers many of those internal challenges.

Safety of Rwanda (Asylum and Immigration) Bill

Kevin Foster Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Kevin Foster (Torbay) (Con)]

It is somewhat comical to get a lecture on unity and financial probity from the Scottish National party, to say the least—[Interruption.] Well, if we really want something comical.

I particularly welcome this Bill because it was me, my right hon. Friend the Member for Witham (Priti Patel) and the current Minister for Legal Migration and Delivery, my hon. Friend the Member for Corby (Tom Pursglove), who were the original architects of the Rwanda plan.

A lot of that is because we in this country face challenges that other countries in Europe face—namely that, even if we turn down someone’s asylum claim, there are countries that we would struggle to return them to. There are countries around the world with Governments that we would not wish to deal with, for example, or countries that refuse point-blank, as a matter of policy, to accept enforced immigration returns. In fact, we even struggle to deport criminals back to some countries not necessarily because of concerns about those countries, but because of the domestic policies that they adopt. As was touched on by the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), we cannot just drop people off; we need to get permission to do so.

Similarly, if we cannot get a returns agreement with the safe and democratic third country that someone has just left, we need to look for alternatives. That is where looking to Rwanda came in. Rwanda is a specialist in refugee resettlement. Someone listening to comments from the Opposition would never know that there are 130,000 refugees in Rwanda and that the UNHCR relocates people there. That shows that Rwanda is a specialist in that area, and it is one of the reasons we worked with it.

The Supreme Court’s recent ruling was based not on the idea that Rwanda was inherently unsafe, or that if someone went to Rwanda they would actually be in danger there, but on the potential for refoulement elsewhere. I expect that many of the people who cite the Supreme Court judgment did not bother to listen to it. It is important to consider what the Bill is based on and what has changed since the judgment to allow Parliament to take a different view from that of the Supreme Court justices. Not only is Parliament entitled to do that, as my right hon. and learned Friend the Member for Torridge and West Devon (Sir Geoffrey Cox) rightly pointed out, but we do so on the basis that there is now a treaty that directly addresses those points.

The Bill ratifies that treaty and makes it part of international law. It guarantees against a person being transferred on further when they have been transferred from this country to Rwanda, in order to meet their protection needs. That is the absolute core of what has changed since the Supreme Court judgment. It is why Parliament is now entitled to take the opinion—based on assurances that will be upgraded into international law by our treaty, and on the clear assurances against refoulement to a third country where someone may face persecution—that Rwanda is safe for the people transferred there.

That is why the Bill needs to pass its Second Reading. There are clearly points of detail that we can explore in Committee. The Minister for Legal Migration and Delivery and the Minister for Illegal Migration, my hon. and learned Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), for whom I have huge respect, will know my thoughts. Where will the evidence threshold be for the clause 4 provisions? Given my right hon. and learned Friend’s former role as Solicitor General and his direct experience before the courts, it would be particularly interesting to hear where he believes the courts may draw the line for interim relief. One reason interim relief is always important is that, in many cases, although a lot of the challenges thrown up at the last minute usually fail in the end, they are used to frustrate the flights. When I used to deal with the Jamaica flights, for example, we could only have so many a year, so people knew that if they could get themselves off that flight, it would be some time before there was another, if even their claim ultimately failed.

There is a wider debate to have about the refugee system. There is a debate to have about how the current law and international practice work. We have had examples of people who have lived lawfully in the European Union for a number of years with a visa, and then come to the UK and claim a protection need. Well, if they had been living in a safe and democratic European country, what was their real protection need to leave that country, particularly if they had the lawful right to be there? Those are not debates that we can settle today. What we have before us is a Bill that allows us to take forward part of our plan to tackle the issue of illegal migration. That is why we need to ensure that it passes Second Reading.

UK-Rwanda Partnership

Kevin Foster Excerpts

Wednesday 6th December 2023 Commons Chamber

[James Cleverly]

Because what the statement on the front of the Bill says is clear—the words are unambiguous —but I am also absolutely certain that we are in accordance with international law. The two are not interchangeable.

[Kevin Foster (Torbay) (Con)]

As I know all too well, it is easy to throw rocks and criticise from the sidelines on immigration; it is a lot harder to actually get on and deliver something. What has been published today brings up questions about the law and how it will be implemented —the practicalities of getting people to Rwanda—and a couple of points came to mind. First, if someone does appeal, would that appeal be non-suspensive of their transfer to Rwanda so that they could still be removed, pending a final decision on their claim? Secondly, on getting planes off the ground, we cannot put someone on just any plane to implement this, so has the Home Secretary raised with the Ministry of Defence the prospect that its aircraft might be used for the transfer?

[James Cleverly]

As my hon. Friend will understand, I do not want to go into too much detail about all the operational procedures at this point, but I can reassure him that we are thinking about the logistics. Within Rwanda, there is a well-matured process whereby people can escalate their claims in a way that is completely consistent with international law. The Rwandans are very keen to demonstrate their conformity with international law, just as we are.

Draft Immigration (Age Assessments) Regulations 2023

Kevin Foster Excerpts

Monday 20th November 2023 General Committees

[Robert Jenrick]

We do believe that this change will make a material difference; otherwise, we would not proceed with it. We have taken a great deal of time since the passing of the Nationality and Borders Act 2022 to refine this policy. We took advice from the specialist Age Estimation Science Advisory Committee as to how best to proceed and whether this policy would make a material difference, and we have concluded that it would.

The evidence from the scientific age assessment will be only one element of the ultimate decision. The decision will be made by a social worker. If that social worker believes, despite the scientific age-assessment evidence, that an individual is a minor, it will ultimately be up to them to make the final decision. If there were a risk of a perverse outcome, it would be up to them to use their professional judgment to determine whether the person was actually a minor and not make a mistake.

[Kevin Foster (Torbay) (Con)]

Does the Minister agree that the fact that the vast majority of European countries use some form of scientific age assessment speaks volumes for how it can assist in decision making? It will also allow us an opportunity to get empirical evidence when looking to prove whether someone who claims to be an adult is actually a much younger child. If we get this process right, it will remove the extreme cases that are cited regularly in the media.

[Robert Jenrick]

My hon. Friend speaks with great experience and is absolutely right: this change will improve the overall evidential standard of decisions, and will be particularly useful to weed out the obviously egregious instances that we all see represented in the media, which in my role I see all too often.

--- Later in debate ---

[Chris Stephens]

It is a pleasure to see you in the Chair, Mr Hosie.

This Committee is the main course, but I was part of the Committee earlier today that considered the statutory instrument from the Ministry of Justice, which seems to justify whether this change can go ahead. As I say, we are now at the main course and debating whether it should go ahead or not.

I was surprised by the Minister’s answer to me earlier and that he is not aware of any instances of people seeking sanctuary or asylum in the country who claim that they are adults when, in reality, they are children. I have examples from my constituency where that is the case, and I thank Aberlour and other organisations that look after asylum seekers in my constituency for raising these matters and for looking after those individuals. All the asylum charities in Glasgow South West and the great city of Glasgow should be commended for their work in this area.

This is not the mundane statutory instrument that people might think it would be, for the simple reason that this issue is not without controversy, and human rights groups have raised their concerns and condemned the regulations. I wonder whether the Minister can tell us what responses have been given to the human rights groups that have concerns about the Government’s direction in this area, because we need to give regard to the fact that we are dealing with people who have suffered incredible trauma in getting here and in their experiences where they have come from. I know from my case load that some of them are victims of sexual violence, for example. There is a former Immigration Minister on the Government side, and he will be aware that my office and the Home Office are in regular contact every week to discuss the many cases that we have, given that Glasgow is an asylum dispersal area.

I believe that using MRI and X-rays in this area is beyond cruel, and experts are saying that this measure is unethical and will be inaccurate and potentially harmful. I note that the Scottish Government have opposed it, as have human rights groups. One of the reasons is that it risks the rights of children who have already been through unimaginable hardship. For me, it is a question of values. There are also ramifications if one does not participate in the process. The Minister was very candid when he said that if someone does not participate in the process “without reasonable grounds”, it would be damaging to their case. If I understood him correctly, I take that to mean that if someone refuses to participate in the process, they might not receive a positive decision on their asylum claim. There are reasons why people may well refuse to participate, and it may simply come down to a language barrier, for example. As I will come on to, it might be because these particular tests are not even accurate and the science does not support this statutory instrument.

[Kevin Foster]

I recall our many conversations in my previous role about his casework, and the hon. Gentleman is a doughty fighter in this area. If what he says about the process is correct, why do so many countries in Europe use such measures?

[Chris Stephens]

I notice that that has been said, but not one country in Europe was actually named. It will be interesting to see whether the Minister mentions countries in Europe, because I find it curious that this approach is said to be standard in Europe, but not one country was named. I am looking forward to the answer, and I am sure it is being handed to the Minister right now on the little green Post-it note he has in front of him—yes, I am observant.

Illegal Immigration

Kevin Foster Excerpts

Wednesday 15th November 2023 Commons Chamber

[James Cleverly]

The hon. Gentleman will know that we cannot prove a negative. That is a fallacy. I thank him for his kind words about my time as Foreign Secretary; he will know, since he clearly has a mole inside my old organisation, how passionately I pursued the rights of LGBT people around the world, including having some very difficult conversations where necessary. I absolutely want to make sure that those people are protected, but we should also recognise that bad people hide among good people and sometimes people lie to take advantage of the good will of others.

It is nonsense to suggest that everybody who claims to be suffering persecution because of their sexuality is lying, and I would certainly never say that, but we need to ensure that people are not attempting to abuse the process, as we do with any process or system, because that limits our ability to help those who genuinely are in need. I recognise that LGBT people do face genuine persecution around the world, and we want to support and help them.

[Kevin Foster (Torbay) (Con)]

Much of the Supreme Court’s judgment today was encouraging, with a high court endorsing yet again the principle of what we are looking to do with Rwanda. As was touched on earlier, much of the decision turned on the facts, particularly those relating to refoulement—that is, the risk that those transferred to Rwanda might be returned to a country where they would face persecution. May I test my right hon. Friend on what work he is doing, looking at the decision-making capability of the Home Office, to help Rwanda to build up its own decision-making capability, and how our judiciary might work with Rwanda’s judiciary to address some of the Supreme Court’s points in that area?

[James Cleverly]

I pay tribute to my right hon. Friend—[Interruption.] I meant to say my hon. Friend, although he deserves to be my right hon. Friend. I know that he did a lot of the work on this very subject, and his question goes to the heart of how we operationalise the Rwanda plan. Their lordships set out exactly the point he raises about capacity building and professionalising Rwanda’s system. I have had exchanges this morning with my Rwandan opposite number, who I have met before. The Rwandans are keen to build and strengthen their institutional structures, and they see us as a key partner in achieving that. Together we will work to operationalise this plan. I pay tribute to my hon. Friend for the work he did on this very issue.

Illegal Migration

Kevin Foster Excerpts

Tuesday 24th October 2023 Commons Chamber

[Robert Jenrick]

It will be an interesting conversation with the leader of Glasgow City Council, because as I recall the council does not want to take any more of our refugees. It put out a statement saying it would not use a barge, even though Glasgow had itself used a barge for Ukrainian refugees. I do not know why a Ukrainian is different from an Afghan or a Syrian; perhaps the hon. Gentleman should explain those double standards.

[Kevin Foster (Torbay) (Con)]

Having stood at that Dispatch Box myself discussing this sort of subject, I imagine my right hon. Friend is much happier to come to the House with today’s statement than with some of the things we sometimes end up having to discuss. I must have missed all those Opposition demands to remove more people and take a tougher stance.

I welcome the message regarding the Esplanade in Paignton and my right hon. Friend’s confirmation this morning. It is appreciated. Can he assure me that we will pursue measures such as Greek-style accommodation centres and ensure an adequate supply of dispersed accommodation, fairly distributed across the United Kingdom—including the 31 of 32 areas of Scotland that used to refuse it—so that we do not have to resort to hotels again in the future?

[Robert Jenrick]

My hon. Friend is absolutely right that we need a fair and equitable system. That is why he contributed to the creation of the national dispersal model, which we continue to pursue. We have now created the first large sites: we have stood up our site at Wethersfield in Essex and we are proceeding to stand up the site in Lincolnshire, as well as the barge in Portland. Why are we doing that? It is because we do not want the UK to be considered a soft touch. It is not right that someone who might have been sleeping in a camp in France comes across in a small boat and finds himself in a Holiday Inn in Oxford. That makes the UK a laughing stock. We had to change that, which is why we have put in place those larger sites. They are more appropriate, they save the taxpayer money, and they send a signal about the strength of the UK’s resolve to tackling this issue.

Student Visas

Kevin Foster Excerpts

Wednesday 24th May 2023 Commons Chamber

[Kevin Foster (Torbay) (Con)]

It is obviously right, when we see emerging trends in the immigration system that cause concern, that action is taken. When discussing net migration, we need to be clear about the factors that contribute to it. For example, British citizens returning to the UK and potentially bringing children with them also count towards the net migration statistics, but that is clearly not related to immigration policy.

On the wider system and the rationale behind this move, I suspect the Minister may have wanted to announce something slightly more comprehensive, rather than just to focus on student dependants. Does he agree that we should make sure the immigration system has the appropriate impact on the labour market and look more widely at things such as the salary thresholds throughout the system, as well as making the change that has been announced today?

[Robert Jenrick]

I do think the package of measures that we have announced will make a tangible difference to net migration. Taken together with the easing of exceptional factors, such as Hong Kong BNO individuals coming to the UK over the next year or two, there is good reason to believe that net migration will fall and that we will be better placed to meet our important manifesto commitment.

However, my hon. Friend is right to say that it is critical that we do so, that we should consider further measures and that we have to think carefully about how migration interacts with the British labour market. It is quite wrong to perpetuate an economic model that is overly reliant on foreign labour, with people coming here and taking jobs from British workers, and not to tackle the core issue, which is the number of economically inactive people in our country.

Illegal Migration Update

Kevin Foster Excerpts

Wednesday 29th March 2023 Commons Chamber

[Kevin Foster (Torbay) (Con)]

I can understand the Minister’s trepidation coming to the Dispatch Box for today’s statement, having had to make similar statements myself over the years, but he is outlining the right approach today. We can see comparisons, particularly on continental Europe and particularly in Greece, where large-scale accommodation centres have been used as part of a transformation of the asylum system, providing humane and decent accommodation while assisting the process of making decisions. To deal with some of the issues that we have had thrown at us, first, I assume that he will view this accommodation as part of national infrastructure and therefore take it through that planning process. Secondly, I assume that this is all, as he has touched on already, non-detained accommodation. Finally, what sort of timeline is he looking at to get some of these centres up and running, because people will only see this approach making a difference when they see hotels closing down in their local area?

[Robert Jenrick]

My hon. Friend and predecessor knows how difficult these decisions can be. Like him, I did not come into politics to deal with clandestine entry or organised immigration crime, but I did come into politics to provide security and stability to the public and to put the interests of my constituents above those of anyone else. That is why we are taking these decisions in the national interest. We will ensure that these sites are non-detained and legally compliant. They will be provided at pace. We will make use of the planning powers that the Government have at our disposal. I am confident that we will be able to get individuals on these sites in the coming weeks.