Forced Repatriation of Chinese Seamen from Liverpool After World War Two
Debate between Kevin Foster and Sarah Owen(3 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
I congratulate the hon. Member for Liverpool, Riverside (Kim Johnson) on securing the debate, and on being such a passionate advocate on this issue. I am sure that we all wish her a swift recovery from the coronavirus, although, as we have just seen, covid does not seem to be having too much of an impact on her.
I also think it worth paying tribute to former Members, such as the former Member for Liverpool, Wavertree, Luciana Berger, and the former Member for Liverpool, West Derby, Stephen Twigg, who brought this issue to the attention of my predecessors. While it is right that we discuss it on the 75th anniversary of the deportations, I know this is not the first time it has been raised on the Floor of the House. The hon. Member’s predecessor, the indomitable Bessie Braddock, Member of Parliament for the wonderfully titled constituency Liverpool Exchange, first raised this with the then post-war Labour Government back in 1946. It was with great interest and admiration that I read about Mrs Marion Lee, who in August 1946 helped to create an organisation to campaign for the rights of Chinese seamen’s families, which must have been particularly brave given wider societal attitudes at that time. I also pay tribute, as the hon. Member did, to Peter Foo and others in Liverpool who have campaigned long and hard on this issue in the search for answers about what happened.
I do recognise the strength of feeling on Merseyside about what happened during this post-war period. I hear the hon. Member’s concerns and I will come on to some next steps later. I am glad that she has had a further opportunity to place her views and what happened at that time on record. I am also pleased that our current immigration rules and equalities legislation would preclude this type of behaviour from occurring now. Furthermore, I will ensure that her letter to the Home Secretary is responded to as soon as possible.
The Chinese community have had such a wonderful and welcome impact on our culture and are integral to modern Britain. I am proud that so many Chinese nationals have now made Britain their choice of destination for study, with 1 million student visas issued since 2010; their choice of destination to work, with over 55,000 work visas issued since 2010; and, ultimately, their choice of home, with over 60,000 grants of settlement and over 45,000 grants of citizenship. Our British nationals overseas group reflects the UK’s historical moral commitment to the people of Hong Kong who chose to retain ties to the UK by taking up this status at the point of Hong Kong’s handover to China in 1997.
Turning to the background, back in 1946 there were some 15,000 to 20,000 Chinese seamen based in the city of Liverpool. Chinese seamen made up almost 15% of the entire manpower of the merchant fleet at that time. I understand that the seamen in question were subject to the wartime regulations, which included what we would now regard as strict disciplinary conditions to obey orders to join ship and contractual obligations to return to their home country. Sadly, that meant that they faced not only the perils of war, but the overt racism that was common at that time. All too often, they were the ones literally at the bottom of the ship, on the lower decks, and it is all too easy to work out what their fate would be if they were there when a torpedo struck their ship. That is why I am always proud that my own branch of the Royal British Legion, the Paignton branch, commemorates Merchant Navy Day each year, alongside the other commemorations to remember all those who serve, to include the men who gave their lives trying to keep this country fed and supplied at the height of world war two.
Sarah Owen (Luton North) (Lab)
I thank my hon. Friend the Member for Liverpool, Riverside (Kim Johnson) for bringing this historical injustice to the House and her brilliant campaigning on behalf of her constituents. I know it means so much to the east and south-east Asian communities living in the UK now. These Chinese merchant seamen were subjected to the cruellest racism, which we have seen rear its ugly head again during the pandemic. Will the Minister take this opportunity to condemn the anti-Asian racism that we have seen raise its head again during the pandemic, because a historical injustice has taken place and it is time that we learned lessons and actually saw progress on this issue?
Kevin Foster
I certainly join the hon. Member in condemning those who seek to use any time of crisis as an opportunity to sow division, to exacerbate community relations or to peddle their own brand of prejudice and try to blame others for the situations that we face. Whatever anyone thinks of the decisions of the Chinese Government, that is very different from then seeking to stoke hatred against the people of China and against the many people of Chinese heritage who have made the UK their home, who are British and who are part of what our British values should be—that we are a welcoming society that looks at people as who they are, not what the colour of their skin is.
The Chinese seamen who had been in the Merchant Navy during the war form part of the vast numbers of people displaced at the end of the conflict. This included members of the armed forces, refugees, prisoners of war and, of course, merchant seamen of all nations. The records relating to the activity that happened 75 years ago are incomplete. I am somewhat reliant on the same archive material that hon. Members and their constituents have access to, given that Home Office documents and records have been moved to the National Archives in Kew. And given the passage of time, people will of course realise that those directly involved clearly no longer work in the Home Office. Many will have died and, even if they are still alive, the youngest that they are likely to be is in their late 90s and probably aged well over 100.
The relevant powers used came from the Essential Work (Merchant Navy) Order, which came into force on 26 May 1941 and was owned by the then Ministry of Labour. The order was made under the Defence (General) Regulations 1939. The Home Office had always left the management and legality of the system to the then major shipping countries. This was not a matter relating to immigration rules as such, given that the modern concept of immigration control would not emerge until some decades later, but one which, according to archived historical records, was discussed by Home Office officials in Whitehall and immigration officers in Liverpool. Having looked at some of those documents, the language used to describe both merchant seamen and their wives in official records is not what would be acceptable today.
What those records also show is that a programme of repatriations did take place, starting in November 1946 and continuing for much of 1947. They were not confined to Chinese nationals and were against the backdrop of the wider work of demobilising and dealing with displaced people at the end of the war. There is contemporaneous evidence to suggest the then Ministry of Transport attempted to secure work for the merchant seamen and, during the initial repatriation process between November and December 1945, a number of Chinese seamen were identified as having British wives and their removal was rightly deferred. There is evidence to suggest that no Chinese merchant seamen who had British wives were deported, although I appreciate that some were later deported due to their criminal activity. But given the passage of time, we cannot say for certain from official records that this did not happen, and I am aware of the comments and particularly the evidence that the hon. Member for Liverpool, Riverside cited.
Amnesty for Undocumented Migrants
Debate between Kevin Foster and Sarah Owen(3 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
It is an absolute pleasure to serve under your chairmanship, Mr Hosie, and I thank my hon. Friend the Member for Ipswich (Tom Hunt) for having opened this debate—opening a petition debate is always quite a challenge, compared with others. It has been an interesting debate, and I will attempt to respond to the points that have been raised. However, I hope colleagues will appreciate that with eight minutes in which to speak, it is unlikely that I am going to cover the full gamut of our immigration rules and our position in this area.
My first point is to reflect on comments I made at the Dispatch Box last year at the start of the pandemic. I made very clear that for those approaching the NHS in relation to covid-19—either exhibiting symptoms and therefore looking for treatment, or looking for vaccination —the information they give will not be used for the purposes of immigration enforcement. Their status will not be checked: that is not a relevant consideration if they are approaching the NHS for treatment. We not only encourage people to come forward for vaccination, but have facilitated those who have arrived irregularly to access vaccination services. Given some of the stuff that exists on the internet about this, and given some of the comments we have heard throughout the debate, I want to make very clear that such treatment is in line with how those people would have been able to access vaccinations if they had been a UK national, now that vaccination is available to everyone over 18. From a Home Office perspective, the NHS’s operations to tackle the pandemic are not items that we will look to use for any purpose of immigration enforcement.
It might be helpful if I set out some of the background on the issue we have been debating today. First, it should be noted that the definition and coverage of this group is complex: the term “undocumented migrants” often interchanges with “illegal” or “irregular” migrants. As evidenced in this debate, it can include illegal entrants, who have perhaps arrived in the back of a lorry; overstayers who have stayed beyond the term of their visa; failed asylum seekers whose claims have been declined; those not adhering to the conditions of their stay; and even those who remain in the UK without status, but whose situation is temporary and who intend to leave in short order. For today, I will include all of those groups in our definition.
Secondly, there is no current, reliable and accurate estimate of the number of those without status who are resident in the UK. As my shadow, the hon. Member for Enfield, Southgate (Bambos Charalambous), touched on, the last official Government estimate was made in the mid-2000s, when the population was believed to be around 430,000. In 2009, a report by the London School of Economics estimated that the number of irregular migrants was around 618,000. An obvious part of the problem in formulating an accurate estimate is not just calculating and agreeing on the different groups this population involves but the fact that, for obvious reasons, many of them will not come into contact with the Home Office or make their presence known here in the UK. The petition proposes an immediate amnesty for all those groups provided that they do not have a criminal record.
Kevin Foster
I will not, as I have less than five minutes and this has been a lengthy debate.
The Government remain committed to an immigration policy that welcomes and celebrates people who are here legally but also deters illegal immigration. We want to encourage people with skills and potential from around the world to make the UK their home and help make the UK a dynamic global economy, but we must not reward those who exploit the system and break the rules. We must also prevent the abuse of benefits and services paid for by UK taxpayers and disrupt the criminals who exploit and profit from the vulnerable, who will be tempted to use dangerous and irregular routes to get here if they can see a clear reward at the end of it. That is right both for the British public who pay for welfare services and for those wishing to visit and settle in the UK who played by the rules.
The Government recognise that we have a responsibility to help the vulnerable and have established several schemes and programmes to assist those most in need. One example is the work that we have done to resettle genuine refugees fleeing directly from regions of conflict and instability and to provide the necessary support to help them build a life in the UK and integrate as self-sufficient members of our society. In the past six years, the Government have offered protection to 25,000 people in this way—more than any other country in Europe in that period—through a planned resettlement scheme. That is in addition to welcoming a further 29,000 people through refugee family reunion between 2015 and 2019. We have also recently introduced a new pathway to citizenship for British national overseas status holders and their family members facing draconian new security laws in Hong Kong, with an estimated 5.4 million people potentially being eligible for the scheme.
We believe that a fair and balanced system is about guaranteeing integrity in the UK’s immigration system. We must support those in need, but we must also make sure that there is a cost for those who intend to break the rules, as have Governments of all colours since the introduction of our modern immigration system, despite some of the comments we have heard today.
The proposal to offer amnesty to all those without permission to be in the UK undermines the integrity and effective working of the UK immigration system. To recognise the stay of those who have wilfully and deliberately broken our laws is first and foremost an affront to those who have done the right thing and migrated here lawfully and contributed by paying visa fees and the immigration surcharge. An amnesty for those not playing by the rules could prove divisive for those groups who feel an injustice when they have complied with our policies, and it is safe to say that it is unlikely to build public confidence in the migration system. As my hon. Friend the Member for Ipswich said, it would certainly be interesting to see the public reaction if such a policy were included in an election manifesto.
The debate is about not just the impact of those ignoring our migration rules and refusing to leave but making sure that the public feel that there is confidence in the system. Why would someone bother to apply for status or renew their visa if they knew that they could just stay and be granted that status anyway? A point ignored by the petition and by some Members is the fact that the immigration routes already provide for undocumented migrants who have not broken the law except for by remaining in the UK without lawful immigration status.