Nationality and Borders Bill

Lindsay Hoyle Excerpts

Consideration of Lords amendments
Tuesday 22nd March 2022 Commons Chamber

[Relevant documents: Seventh Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill (Part 1)—Nationality, HC 764; Ninth Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill (Part 3)—Immigration offences and enforcement, HC 885; Eleventh Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill (Part 5)—Modern Slavery, HC 964; Twelfth Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill (Parts 1, 2 and 4)—Asylum, Home Office Decision-Making, Age Assessments, and Deprivation of Citizenship Orders, HC 1007; Tenth Special Report of the Joint Committee on Human Rights, Legislative Scrutiny: Nationality and Borders Bill: Government Responses to the Committee’s Seventh, Ninth, Eleventh and Twelfth Reports, HC 1208; Letter from the Chair of the Joint Committee on Human Rights to Tom Pursglove MP, Minister for Justice and Tackling Illegal Migration, relating to Part 2 (Asylum) and Part 5 (Modern Slavery) of the Nationality and Borders Bill, HC 588, dated 17 November 2021; Letter from Tom Pursglove MP, Minister for Justice and Tackling Illegal Migration, to the Chair of the Joint Committee on Human Rights relating to Part 2 (Asylum) and Part 5 (Modern Slavery) of the Nationality and Borders Bill, HC 588, dated 25 November 2021; e-petition 601583, Remove Clause 9 from the Nationality and Borders Bill.]

[Mr Speaker]

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendments 10, 12 and 26. If they are agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

After Clause 4

Provision for Chagos Islanders to acquire British nationality

[The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)]

I beg to move, That this House disagrees with Lords amendment 1.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government amendments (a) and (b) in lieu of Lords amendment 1.

Lords amendment 4, Government motion to disagree, and Government amendments (a) to (f) in lieu.

Lords amendment 5, and Government motion to disagree.

Lords amendment 6, and Government motion to disagree.

Lords amendment 7, and Government motion to disagree.

Lords amendment 8, and Government motion to disagree.

Lords amendment 9, and Government motion to disagree.

Lords amendment 52, and Government motion to disagree.

Lords amendment 53, and Government motion to disagree.

Lords amendment 10, and Government motion to disagree.

Lords amendment 11, and Government motion to disagree.

Lords amendment 12, and Government motion to disagree.

Lords amendment 13, and Government motion to disagree.

Lords amendment 14, and Government motion to disagree.

Lords amendment 15, and Government motion to disagree.

Lords amendment 16, and Government motion to disagree.

Lords amendment 17, and Government motion to disagree.

Lords amendment 18, and Government motion to disagree.

Lords amendment 19, and Government motion to disagree.

Lords amendment 20, and Government motion to disagree.

Lords amendment 54, and Government motion to disagree.

Lords amendments 2, 3, 43 to 51 and 21.

[Tom Pursglove]

Mr Speaker, may I begin by joining in, on behalf of the Home Office, your tribute to PC Keith Palmer, who lost his life five years ago today? All of us who were in the House will never forget that day. It was an enormous tragedy; he died in the line of service, protecting our democracy and the people in this place. We will be forever grateful to him and his family, and our thoughts are very much with them today, and with everybody caught up in that terrible tragedy on Westminster bridge.

This country has a long and proud tradition of providing sanctuary to those in need. The British people are generous and compassionate, and we only have to look around us to see that compassion in action right now. I think I speak for the whole House in thanking everyone stepping up to support people fleeing the conflicts in Afghanistan and Ukraine.

This Bill is about delivering a long-term solution to the long-term problems that have beset the asylum system over decades. It has three central objectives: to make the system fairer and more effective so we can better protect and support those in genuine need; to deter illegal entry, breaking the business model of evil criminal trafficking; and to make it easier to remove those with no right to be here.

The reforms we are introducing through this Bill have been debated at length both in this House and the other place, and I want to put on record my thanks to all Members for the rigour with which they have scrutinised the measures we have proposed. I also want to say that as the Bill has progressed through Parliament, this Government have been listening carefully to the questions and concerns raised not only by Members but by the many organisations, communities and individuals who have been carefully following its progress.

We have amended the Bill to clarify that new measures to tackle people smugglers will not criminalise those acting under the direction of Her Majesty’s Coastguard. We have also introduced an amendment to resolve the lawful residence issue that has troubled many individuals with indefinite leave to remain under the EU settlement scheme and who wish to naturalise but have not previously held comprehensive sickness insurance.

In response to the appalling situation in Ukraine, we have added new powers to enable us to impose visa penalties on countries posing a threat to international peace and security or whose actions lead, or are likely to lead, to armed conflict or a breach of humanitarian law. We have also announced an expansion of the Hong Kong British national overseas route, which will enable individuals aged 18 or over who were born on or after 1 July 1997 and have at least one BNO parent to apply to the route independently.

Before going further, I would like to say something more about the situation in Ukraine, in particular the calls we have heard in respect of unaccompanied children. We of course recognise the deeply troubling circumstances faced by all Ukrainians who are caught up in this conflict, and we of course acknowledge calls for support to Ukrainian orphans and unaccompanied children. However, the UK cannot act unilaterally on such matters, and the views of affected Governments must be taken into account. The Ukrainian Government have been clear that children must not be taken into care without the prior agreement of their authorities; we cannot simply transfer unaccompanied minors to the UK without first securing their authorisation. It may be in the best interests of many children to remain in the region given that it is common for those labelled as orphans by the media who are in the Ukrainian care system to have living parents, and ultimately their Government, whom they are not fleeing, should have the final say on these matters.

We are working urgently, however, with the authorities in Ukraine and Poland to secure the final agreements needed to bring to the UK a group of over 50 Ukrainian children, known as the Dnipro kids, who have escaped the brutal war and are currently in Poland. I recognise that many Members are following that issue closely and have a keen interest in it, and Home Office Ministers will keep the House updated. This is a complex case, and it is absolutely right that we wait for the appropriate checks and written permissions before bringing these children to the UK. The Home Secretary and her counterparts in the Ukrainian, Polish and Scottish Governments are united in their determination to ensure these children get the right support and the care they need.

However, I remind the House that our Ukraine family scheme also provides an immediate pathway for those Ukrainians, including unaccompanied children subject to safeguarding checks, with family already settled in the UK to come to our country. We would expect most children to apply in family groups, such as a parent with a child, but I can assure colleagues that this scheme is designed to allow as many people as possible to come to the UK and to give them immediate access to the support they need. We must do nothing less.

Returning to the Bill, Members will have seen that many amendments were proposed and agreed to during its passage through the other place, including some proposed by the Government. The Government have carefully considered each of the non-Government amendments, and I would like to explain what we have concluded and why. But before doing so, I would like to offer an apology to the House for the late publication of the updated explanatory notes. Manuscript copies of the updated notes have been distributed, but I accept that they should have been published online on Friday, and I am sorry that this did not happen—for that discourtesy I genuinely am apologetic, Mr Speaker.

On amendment 1, relating to access to British overseas territories citizenship and British citizenship for Chagossians, I again place on record my sympathy with the Chagossians for how they were treated in the 1960s and 1970s. I also want to place on record my admiration for the way in which Members from across the House have championed their cause, in particular my hon. Friend the Member for Crawley (Henry Smith), who has been a consistent and tireless advocate on this issue for many years; he has run an exceptional campaign. We have listened carefully to the concerns raised in both Houses and in the Chagossian community on the difficulties faced by Chagossians in accessing British nationality. These difficulties have arisen from the unique historical treatment of those who were removed from the British Indian Ocean Territory in the 1960s and 1970s and the limited recognition of those circumstances in British nationality law. Given that, the Government have concluded it would be appropriate to take action in this Bill, consistent with our other measures designed to correct historical unfairness in nationality law, and will put forward an amendment as such. This will mean there is a new route to British nationality for direct descendants of the Chagossians removed from the British Indian Ocean Territory. In doing that, we are satisfied that the Chagossian diaspora is unique and we are not setting a precedent that would undermine the general principles governing the acquisition of British citizenship by descent. Further details will follow in due course, and I want again to say a huge “Well done and congratulations” to my hon. Friend for helping us to bring about this important change.

Metropolitan Police: Strip-search of Schoolgirl

Lindsay Hoyle Excerpts

Monday 21st March 2022 Commons Chamber

[Kit Malthouse]

The revulsion is not confined to women. There are many men, including me, who obviously find it a distressing incident to contemplate. I very often find it helpful in these circumstances to put one of my own relatives in a similar situation to bring home the impact. I am not at all denying the fact that it was distressing and appalling and that it should not have happened, as the Metropolitan police have said themselves.

The hon. Member for Streatham (Bell Ribeiro-Addy) referred to a number of incidents that have prompted concerns about the culture in the Met, and she, I hope, will be pleased to know that I had a meeting last week with Dame Louise Casey who has obviously been detailed by the Metropolitan Police Commissioner to look at the culture across the whole of the Metropolitan police. Her work will dovetail neatly with the work of the Angiolini review, which is looking, in its first stage, at the circumstances surrounding the employment of Wayne Couzens. Following that, stage 2 will look more widely at culture and policing. There is no doubt that there is work to be done here, and we are determined to do that work.

[Mr Speaker]

I call the shadow Minister.

[Sarah Jones (Croydon Central) (Lab)]

The Local Child Safeguarding Practice Review published last week, compiled by the extremely highly regarded Jim Gamble, into the case of Child Q was deeply disturbing. The details of the strip-search of a black schoolgirl by the Metropolitan police at a Hackney secondary school in 2020 have horrified us all in a society where we police by consent.

The review concluded that the search was unjustified and that racism was likely to have been a factor. We have heard the details from my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), and I think that everyone will agree that this strip-search should not have happened, that everyone will want to say sorry to Child Q, and that something went terribly wrong. What is so shocking is that the existing guidance and training was so insufficient—so broad, perhaps—and so vague that it did not prevent the strip-search of a child who supposedly smelled of cannabis from happening in this way. I have read the College of Policing guidance and the Police and Criminal Evidence Act 1984 on strip-searches, and they are not clear enough. Is the Minister already working on new guidance?

Given that the Met and Her Majesty’s inspectorate of constabulary and fire and rescue services say that the smell of cannabis is not good grounds for a normal stop and search of an adult, will the Minister confirm that the circumstances described in this review should never have happened and that the new guidance will be clear on this point?

Given the serious harm that has occurred in this case, does the Minister agree that we must understand the scale of this issue? Will he therefore commit to publishing the full data on the use of strip-searches of children in our police forces across England and Wales by the end of the week?

The little data that we do have makes very difficult reading. A freedom of information request on strip-searches in the Met over the past five years shows that 33% of all strip-searches were of black people, while black people make up only 11% of the population of Londoners. There are other issues that we will come to when the Independent Office for Police Conduct has passed its report to the Met, the Met has taken any action and the report is finally published. Those issues include: how this case was first referred to social services; why Child Q and her family had to wait so long for answers; and what the role of education policy, guidance and safeguarding is in this. We know that this could be months or years away, so the key point is that there are significant faults that this case has brought to light, in terms of data, guidance and training, which this Government can choose to tackle now if they have the political will to do so.

Refugees from Ukraine

Lindsay Hoyle Excerpts

Thursday 10th March 2022 Commons Chamber

[Priti Patel]

My right hon. Friend is right to refer to the need for a co-ordinated approach, and also to the response within the region. It is very clear that families want to stay there. I receive calls every day from my counterparts in the region—Ministers of the Interior—who are asking for aid to support those families who want to stay in the region because they want to go back home; and the ambassadors in the region are saying the same.

My right hon. Friend asked about the EU in particular. I am in constant contact with Commissioner Johansson to discuss how we can support the region and, specifically, countries and Ukrainian nationals in the region. The need for that co-ordinated response is so important, and the British Government, through a whole-Government effort, are supplying not only financial aid and support but practical aid and equipment to many countries in the region on the Ukrainian border that are asking us for direct help and support.

[Mr Speaker]

I call the Scottish National party spokes- person, Brendan O’Hara.

[Brendan O’Hara (Argyll and Bute) (SNP)]

We broadly welcome the Government’s U-turn—it is a big step forward—but, as we have heard, it did not have to be this way. This war was foreseen, and the humanitarian crisis that has resulted from it was widely predicted. As I said yesterday, the Government have lagged behind the public, and I suspect that public pressure in many Conservative MPs’ inboxes has brought about this change, welcome as it is.

Yesterday, at the Home Affairs Committee, the Ukrainian ambassador was shocked to learn from my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) that the Ukrainians who are currently here without permanent residency, namely students and workers, had absolutely no rights that would allow them to bring relatives to the UK under the bespoke system. The ambassador said that he would raise the issue with the Home Secretary. Did he do so, and is that loophole covered by the measures that she has announced? May I also ask what discussions she has had, and will have, with the devolved Administrations about how to ensure that these measures are successful?

--- Later in debate ---

[Priti Patel]

I thank my hon. Friend for her suggestion and comments. We are actually doing this across the country now. Yesterday I was in Manchester, where we are working with the Ukrainian community group, and also in Derby. There is a whole network in the Ukrainian diaspora, and they have asked us not for a hub in London—we have one in the Ukrainian social club in London, and we stepped that up at the beginning of the week—but for hubs within community centres. We are establishing that and working with the community to do that.

[Mr Speaker]

I call the Chair of the Home Affairs Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Thank you, Mr Speaker. While I welcome the changes for Ukrainian passport holders, many Ukrainians do not have passports, as the Home Secretary has just said. I want to ask her about TLScontact, which has been subcontracted by the Home Office to carry out biometric checks. The chief inspector of borders and immigration told the Home Secretary that TLScontact was so hellbent on making profit that its use posed a risk of “reputational damage” to the UK. With Ukrainians fleeing for their lives and the chaos at the visa application centres with long waits and few appointments, can the Secretary of State tell me why that company is allowed to profit from the suffering and misery of Ukrainians by telling them that if they make additional payments, their cases will be expedited and they will get appointments more quickly? Is that right?

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[Richard Fuller (North East Bedfordshire) (Con)]

I was shocked to hear the shadow Home Secretary imply that Labour would throw away or downplay essential security checks in its mad dash to be seen to be doing something. I know that our Home Secretary will stand firm on our borders. Will she also use this opportunity to thank the many thousands of families around this country who have stepped forward to say that they wish to give support to Ukrainian families and will she tell them—[Interruption.]

[Mr Speaker]

Order. To be honest, I do not remember it quite how the hon. Gentleman does. I do not want a slanging match, and we need to be correct on the information that we challenge, so, please, let us check Hansard.

[Richard Fuller]

I am grateful, Mr Speaker, and if I got that wrong, I apologise to the shadow Home Secretary. My point was about the balance that the Home Secretary has to take. Will she use this opportunity to thank the many thousands of British families who have stepped forward to say that they wish to help Ukrainian families, and tell them that she will work night and day to enable them to fulfil their generosity?

--- Later in debate ---

[Richard Fuller]

indicated assent.

[Mr Speaker]

Thanks for that.

Royal Assent

[Mr Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Act:

Public Service Pensions and Judicial Offices Act 2022.

Ukraine: Urgent Refugee Applications

Lindsay Hoyle Excerpts

Tuesday 8th March 2022 Commons Chamber

[Kevin Foster]

I thank my hon. Friend for the way in which he put his questions. He is right that we as a country have stood forward to support Ukraine, not least in supplying it with the weaponry that is being used to defend people’s homes and to push back this barbaric and unprovoked attack on their nation.

I appreciate that there are concerns. We are training new caseworkers, who, as of tomorrow, will take more decisions. We are looking to review what we can and to use some of the technology that we have—for example, around what we deployed for the British nationals overseas route and how that could be brought into effect. We are also reviewing some of the requirements on biometrics for under-18s to free up visa appointments in visa application centres.

On my hon. Friend’s specific points on northern France, we are looking to establish a presence in Lille and potentially looking at transport options from Calais to Lille. There are issues with providing particular application points at the port, but we are looking at how we can do it, and we expect that to be set up within the next 24 hours.

[Mr Speaker]

I call the shadow Home Secretary.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

It is deeply disappointing that the Home Secretary is not here to respond, given the gravity of the issue—especially after she gave wrong information to the House several times yesterday.

Two million refugees have left Ukraine. Other countries are supporting hundreds of thousands of people; the Home Office is currently issuing about 250 family scheme visas a day. Most people want to stay close to home, but some want to come here to join family or friends, and we should be helping them. Instead, most people are still being held up by Home Office bureaucracy or are being turned away.

Yesterday, the Home Secretary told the House twice that a visa centre en route to Calais had been set up, but it still does not exist. The Foreign Secretary has just said that it might be in Lille, nearly 75 miles from Calais. The Home Office said this morning that no decision had been taken. Which is it? Has it? Where is it? Can people get there yet?

The Home Secretary said yesterday:

“It is wrong to say that we are just turning people back”.—[Official Report, 7 March 2022; Vol. 710, c. 27.]

But there are 600 people in Calais right now who have been turned back and are being told to go to Brussels, where the visa centre is open only three days a week, or to Paris, where people are still being told that the next appointment is on 15 March, a week away. In Warsaw, people are also still being told that the next appointment is on 15 March, a week away. In Rzeszów, the booking system seems to have completely broken down: this morning, they are sending people away.

The Home Office was warned by the chief inspector in November that the geographical spread of visa application centres was a real problem for vulnerable applicants, leading to difficult journeys, yet it did nothing about it, even when it was given weeks of warning by British intelligence that an invasion was coming.

Yesterday, the Home Secretary told me that elderly aunts were covered by the scheme. Two hours later, the Home Office helpline said that they were not. I welcome the inclusion of extended relatives, but the Government should not be continuing to change the system in a chaotic way, rather than opening it properly. Will the Government urgently set up emergency visa centres at all major travel points, do the security checks on the spot and then issue emergency visas for Ukrainians—for all family, but not just family—so that they can come here and the UK can do our historic bit to help refugees fleeing war in Europe, as we have done before?

--- Later in debate ---

[Kevin Foster]

I understand that the Home Secretary clarified her remarks yesterday, and I have been clear about the position regarding the centre that we are establishing.

I do hear the appeal that has been made, but there is a reason why we believe it is right that key security checks are carried out before people arrive in the United Kingdom. We are, however, reviewing the specific position on the provision of biometrics by those aged under 18. We will act on the basis of risk and advice that we receive, including advice from our security services. We are a country that is in Mr Putin’s crosshairs, we are a country that has stood resolutely behind the Ukrainian Government and continues to do so, and we are a country that will welcome literally thousands of people in what is probably one of the biggest moves to provide shelter and refuge for a generation.

[Mr Speaker]

I call the Scottish National party spokesperson, Stuart C. McDonald.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I agree with the right hon. Member for North Thanet (Sir Roger Gale): it is time to stop messing about with the broken bureaucracy and to scrap it altogether, with no more visas required. That is how we can quickly fulfil our obligations to the people of Ukraine. Our European allies can do it safely and securely, so why cannot the Home Secretary? There are other ways to address our security concerns after the arrival of refugees, such as what we do with non-visa nationals and what we did with evacuated Afghans. The Minister should not quote Salisbury at us, because that has nothing whatever to do with this situation.

How does the Minister justify all the other massive restrictions on who can come here? Why can a cousin not join a cousin? Why do no non-family ties count at all? Crucially, why is it that many thousands of Ukrainians in this country—whether skilled workers, agricultural workers or students—cannot be joined by anyone under the family rules, just because they do not have permanent residence yet? People cannot wait months for possible community sponsorship.

Finally, let me ask this question again: does not the last fortnight illustrate just how ill-conceived the disgraceful Nationality and Borders Bill is? Under the Bill, a Ukrainian fleeing here to join a cousin or friend could be criminalised, offshored, imprisoned—all because there is no visa for them. That is utterly indefensible, is it not?

[Several hon. Members rose—]

[Mr Speaker]

Order. Let me say to Members, so that they can help each other, that these exchanges will run until about 1.40 pm, so the shorter the questions and answers, the better it will be.

[Caroline Nokes (Romsey and Southampton North) (Con)]

Snails also move “at pace”. No date has yet been set for a humanitarian sponsorship visa scheme, and as a result people who are coming forward with generous offers are advising their Ukrainian friends to apply for visitors’ visas. But what of those who do not have passports? What of children who are completely undocumented? When my hon. Friend the Minister says that he is moving at pace, he should bear in mind that the pace needs to be a great deal faster.

[Kevin Foster]

It is possible for children and others to travel to the UK without a passport if permission has been granted. As a former Immigration Minister, my right hon. Friend will be familiar with that process. As for where we are at present, we are making sure that the process is being stepped up. We have extended the provisions, and of course the sponsorship route will provide a whole new opportunity for people to extend a generous offer and the hand of friendship to those who need sanctuary in the UK.

[Mr Speaker]

I call the Chairman of the Home Affairs Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am grateful for the granting of the urgent question, but I think that a statement from the Home Office would have been a much better way of dealing with the confusion of recent days.

I believe we are united in the House in wanting to do the right thing for the Ukrainian people who are fleeing in fear of their lives, and to offer protection and sanctuary. The Home Affairs Committee has twice invited the Minister to come and explain how the Home Office is dealing with this. He has agreed to come next week and we are grateful for that, but we should not have to ask twice.

I want to ask the Minister why, on Sunday, the Home Secretary went on record to tell journalists:

“I am…investigating the legal options to create a humanitarian route.

This means anyone without ties to the UK fleeing the conflict in Ukraine will have a right to come to this nation.”

On Monday, Ministers seemed to have no idea about that. Can the Minister update us? Is this matter under consideration in the Home Office, given that there is clearly a great deal of support for the granting of a humanitarian visa?

Economic Crime (Transparency and Enforcement) Bill

Lindsay Hoyle Excerpts

2nd reading
Monday 7th March 2022 Commons Chamber

[Priti Patel]

I will not; I need to make progress and I have been generous with interventions. In addition, on the point that my right hon. Friend the Member for North Thanet (Sir Roger Gale) made, I did say that we would cut away process, but he has already heard me say that there are security concerns and considerations—[Interruption.]

[Mr Speaker]

Order. There are just too many conversations going on. I am struggling to hear.

[Priti Patel]

Thank you very much, Mr Speaker.

Putin is a gangster and his regime is underpinned by a mob of oligarchs and kleptocrats who have abused the financial system and the rule of law for too long. Putin’s cronies have hidden dirty money in the UK and across the west, and we do not want it here. Expediting this legislation, which I know the whole House supports, will mean that we can crack down on the people who abuse the UK’s open society.

--- Later in debate ---

[Priti Patel]

I appreciate that this is now becoming a much wider debate, but on Friday we launched an extended family route that covers the very family members that the right hon. Lady is referring to, and people are applying—over 14,000 have applied. That scheme is up and running. I said in my earlier remarks that later on this evening we will be providing assured data and assured numbers on the people who are coming through that route. It is wrong to say that this Government are not welcoming Ukrainian refugees. We have a very unique scheme. As I said, it is the first of its kind in the world and it cannot be measured against that of any other country.

[Mr Speaker]

I think I need to come in here, just for a minute. At the end of this debate I expect the Minister’s wind-up to pick up on some of the points that have not been answered—that is the idea of having a Minister speak at the end. Hopefully we can make sure that the Government, having been given time to think about the answers, are prepared to respond to some of the questions that have been raised.

[Yvette Cooper]

I am grateful, Mr Speaker, because there are some very serious questions.

The Home Secretary has just said that elderly aunts are included, but that is not what the website says. Elderly parents are, yes, but elderly aunts are not. We really need to know what the facts are, because right now a lot of families are being turned away. Lots of relatives who are families of Ukrainians working here on healthcare visas or on study visas are also not allowed to come. They are not included in her scheme and families are desperate now.

What is happening is shameful. There are too few relatives arriving and no sign of the sponsorship scheme that the Government have promised will allow those who are not family members to come. Will the Home Secretary please stop claiming that this is all world-beating and world-leading and that she is doing everything possible, and accept that it is not working and things are going wrong? Otherwise, how can we possibly have confidence that she is going to put this right and make sure that refugees can get the sanctuary they need?

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[Kevin Hollinrake]

On a point of order, Mr Speaker. We have been waiting for the economic crime Bill for many years. There is a huge number of amendments on the Order Paper and a huge number of people wanting to speak. This is a very important issue—absolutely critical—but it does not relate to that legislation. Could we have a ruling from you on that point, sir?

[Mr Speaker]

I make the decisions, and I think it is all right. What I would say, in fairness, is that the Home Secretary spoke for well over 30 minutes—in fact, I think it was nearly 40—and I am therefore giving some leeway. It is a very important matter; it is also protected time, so one need not worry.

[Yvette Cooper]

Thank you. Mr Speaker. The concern for the House is that the Home Secretary has provided information today that does not yet seem to be accurate, and we urgently need accurate information. We also need a simple route to sanctuary for people who want to join family or friends and need sanctuary in the UK to be able to do so. That is not yet happening. We desperately need the Home Secretary to get a grip.

We need action to support refugees. We need the UK to do our bit. We also need the measures on sanctions, unexplained wealth orders and the register of overseas entities to be put swiftly in place. We need Putin to feel the full force of sanctions now; we welcome the sanctions that are in place, but more than a week into the war, we have sanctioned only a handful of oligarchs and are still falling behind other countries. I hope the Bill will make it possible to speed things up, but there are concerns that people who may be subject to sanctions will still have time to move their wealth. We will discuss those concerns later in Committee, where amendments have been tabled that may be able to address them.

Turning to beneficial ownership, UK property has been used to launder illicit wealth for too long. We welcome measures to reveal for the first time who the ultimate foreign owners of UK property are. We welcome, too, the Government’s recognition that the initial, draft Bill did not go far enough; they have accepted our amendments on stronger fines and proper identity checks, and that is welcome. Giving people 18 months to dispose of all their assets, as the draft Bill suggested, so they can hide them in some other regime was clearly ludicrous; it was a chance for them to get out of London and stash illicit money somewhere else. But even six months gives people a very long time, and is not justified by the scale of the problem we face. People have already had six years of warning that this Bill was coming. That is why in our amendment, we call for 28 days instead.

We support the measures on unexplained wealth orders. The fact that they have been used in only four cases in four years shows that for too long they have not been working: they are too hard for the police to use and too easy for the clever lawyers of rich criminals and oligarchs to block, and the costs to the National Crime Agency if it loses a court case are too great. We have called for more action to monitor progress to see whether these reforms make sufficient difference, and we welcome the Government’s acceptance of that amendment, but that must be only the start. We badly need the long-promised reform to Companies House, and we are calling on the Government to publish that draft legislation imminently. We need to ensure that it has action on enablers and on cryptocurrencies, too.

We will need more action on golden visas. The Home Secretary has rightly made a decision to halt them, but her own statement said:

“The operation of the route has facilitated the presence of persons relying on funds that have been obtained illicitly or who represent a wider security risk.”—[Official Report, 21 February 2022; Vol. 709, c. 6WS.]

There is still no published review, no information on the number of people suspected of involvement or of posing a wider security risk, or how many of them have now become British citizens. I wrote to the Home Secretary to ask questions on that, and she has not responded. I urge her or other Ministers to explain when they will be able to do so.

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[Rushanara Ali]

Does my right hon. Friend agree that it is deeply concerning that the now Lord Lebedev, despite warnings—

[Mr Speaker]

Order. We cannot name a Member of the other place, unless it is on a substantive motion, so that it is not personal. We must keep to where we are.

[Yvette Cooper]

Given the seriousness of this matter and the seriousness of the allegations that security advice from our intelligence agencies was dismissed, and given the importance of the Prime Minister always demonstrating that the defence of our national security is always his priority, it is immensely important that all the information and advice pertaining to this appointment is made available to the Intelligence and Security Committee, so that it can also scrutinise this process and examine the information it is given. The No. 1 responsibility for us all, and certainly for our Government, must be the protection of our national security.

Today we will speed through this Bill and wish it well. We want to see stronger action against Russia at this time of international crisis. We want to see stronger action against economic crime that puts us to shame and undermines our economy and the rule of law. We need action on transparency, on regulation, on enforcement and on accountability—too many areas where there has not been progress for too long. We also need action so that the UK plays our part and properly gives sanctuary to those fleeing the Russian bombardment in Ukraine. They need our support and help here in the UK, and that is not just family members, but those more widely who need our support. We must vow that never again will we allow our major institutions to be so influenced by corrupt elites and that we will give those involved in corruption and economic crime no place to hide. Be it Russia or anywhere else in the world, we will no longer stand for this here in the UK.

[Mr Speaker]

I start off by saying that I expect Members to take around five minutes.

Ukraine

Lindsay Hoyle Excerpts

Tuesday 1st March 2022 Commons Chamber

[Mr Speaker]

Order. Mr MacNeil, I expect better. You have been chirping—[Interruption.] Let me finish. I do not want you chirping all the way through. I want to make sure that you get a question, and your question will be important. Do not waste that opportunity.

[Priti Patel]

Thank you, Mr Speaker. You effectively asked the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) to be quiet. He contacted me with a case at the weekend—I think it was on Sunday—and he had a response within minutes. That response came from me, as I picked up the case personally, so I do not need to be told to get on with my job, thank you very much.

The SNP, rather than making these really quite offensive points—

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

I want to get everyone in, so let us help each other because this is a very important statement. Please hold your fire until it is your question, and then make sure that you put the question. Let us work to help each other.

[Mr David Davis (Haltemprice and Howden) (Con)]

I welcome the Home Secretary’s response to the calls for generosity from many of us, which is what I expected. This is a much more generous system, but, quite properly, she has taken time to make it work practically. However, I want to raise a practical issue. As she said, the numbers are not clear. Some have forecast a total of 4 million will come out of Ukraine, and it may be 5 million or 6 million, so our share of that burden would probably be about half a million people. A significant number of them—perhaps a majority—will be women and children, not whole-family units, so the burdens on housing, education and social support will be bigger than anything we have seen before. Has she had discussions yet, or will she have discussions, with our European colleagues to ensure that that burden is shared across the whole continent? That is the only way in which we can look after these people properly.

HMICFRS Recommendations

Lindsay Hoyle Excerpts

Tuesday 1st March 2022 Commons Chamber

[Sarah Jones (Croydon Central) (Lab)]

I thank the Minister for her statement, a copy of which we received 15 minutes before it was made. You might think, Mr Speaker, that with the machinery of government at their disposal Ministers could follow the normal practice and give the statement to us a little sooner than that, but I thank her for the statement in any case.

[Mr Speaker]

Order. Have I heard the shadow Minister correctly that she got the statement only 15 minutes beforehand?

[Sarah Jones]

It was at 12.15 pm, and we thought the statement was starting at 12.30 pm.

[Mr Speaker]

That is not acceptable. I say to the Minister and to the officials in the box: why has this happened? It totally goes against the rule. Copies of statements should arrive at least 45 minutes before they are made. I cannot understand. If we were told that this statement was due, there must have been enough time to make sure that the Opposition could, quite rightly, hold the Government to account. Back Benchers also need to hold the Government to account, but the statement should be led equally by both sides of the House.

[Rachel Maclean]

Mr Speaker, may I offer my full and wholehearted apology for the failure to follow those processes? There has been a failure. I apologise to the shadow Minister, I apologise to you, Mr Speaker, and I apologise to the whole House. I will personally take it upon myself at the highest levels of the Department to find out what went wrong in this instance, and I am very happy to answer questions at any time.

--- Later in debate ---

[Rachel Maclean]

It is a pleasure to respond to the Chair of the Home Affairs Committee, and of course it was a pleasure to appear before him—[Interruption.] Oh, the interim Chair: my apologies to the Chair, the right hon. Member for Kingston upon Hull North (Dame Diana Johnson), who is in her place. That is mortifying; I do apologise. Nevertheless, I look forward to appearing in front of the Committee, no doubt, in future.

The issues that my hon. Friend raised are vital. He is right to point to the challenges faced by women and girls, and of course men, who come from backgrounds of disability or other circumstances that make it harder for them to engage with the criminal justice system. That is exactly why we are expanding our groundbreaking programme, Operation Soteria, which looks in detail at the issues that he highlighted about the delays in rape case prosecutions. These issues are systematic and actually go back decades. This is a very important point. We are now prosecuting rape and these crimes in a very different age—in a digital age. People now have evidence on their phones. They have gigabytes and terabytes of information in the cloud, all of which, at times, needs to be introduced into an investigation. That must be done in a proportionate and sensible way. That is why I think my hon. Friend will welcome the work that we are doing in Operation Soteria to tackle another issue that has often been raised with us by victims—that of people having their phones taken away from them.

[Mr Speaker]

Order. I understand we are trying to buy time. We do not need to buy time, so let us do our normal routine.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am delighted to follow the hon. Member for East Worthing and Shoreham (Tim Loughton)—the longest-serving member of the Home Affairs Committee and a very able acting Chair.

I welcome the fact that men’s violence against women and girls will be a strategic policing requirement—that is absolutely right. However, the joint thematic report on the police and CPS’s response to rape, which was published at the end of last week, had, again, the shocking statistic that for those cases that actually get to court, over 700 days elapse from the report of the incident to actually getting to court. There were nine recommendations in the report, including the establishment of a commissioner for adult rape and serious sexual offences, and having specialist rape courts to deal with the backlog. Will the Minister comment on whether those recommendations will be accepted by the Government? Will she confirm which Home Office Minister is responsible for the implementation of the rape review?

Oral Answers to Questions

Lindsay Hoyle Excerpts

Monday 28th February 2022 Commons Chamber

[Kevin Foster]

I briefly spoke with Neil Gray on Friday, ahead of potentially meeting more formally, about potential options for Afghan nationals currently in bridging hotels and those leaving Ukraine to be both housed and settled in Scotland. If there are individual cases at this stage, please feel free to bring them to my attention, and we will look into them.

[Mr Speaker]

I call the shadow Minister, Neil—sorry, Stephen Kinnock.

[Stephen Kinnock (Aberavon) (Lab)]

I have had that since I was 13 years old, Mr Speaker. You are not the first, and I am sure you will not be the last.

The Opposition support the call of the Welsh and Scottish Governments for the UK Government to offer sanctuary to Ukrainians who are fleeing the horrors of war, but the UK Government’s response has, once again, demonstrated the toxic combination of incompetence and indifference that are the hallmarks of this Home Secretary and her ministerial team.

Over the weekend, the Minister, who is responsible for safe and legal migration, tweeted that the Ukrainians who are running for their lives should apply to come to our country on seasonal fruit-picking visas. That tweet was the modern-day equivalent of “Let them eat cake.” Thankfully he has deleted it, but will he now come to the Dispatch Box to apologise unconditionally for that tweet? Will he also offer swift, well-managed and safe sanctuary to these victims of Putin’s barbarity who require our support?

--- Later in debate ---

[Kevin Foster]

Given that the judgment is believed to be fairly imminent, it makes eminent sense to wait for it and then announce our next steps fully taking into account what it says and what it concludes. As the right hon. Gentleman will be aware, given the passage of time we have already amended our guidance to make it clear that where a person’s right to a private and family life in the UK is relevant, the interception of a previous TOEIC test is not an invariable ground for refusal if they make an immigration application.

[Mr Speaker]

We now come to topicals. I have granted some extra time to the Home Secretary as she wants to make an important announcement.

[Mary Robinson (Cheadle) (Con)]

T1. If she will make a statement on her departmental responsibilities.

--- Later in debate ---

[Priti Patel]

I am sure the House would like to listen to the actual measures we are bringing in. The cyber-attacks and disinformation will be met with robust responses, and we have stepped up all international co-operation on that.

Finally, what is happening in Ukraine is utterly heartbreaking and profoundly wrong, but together with our international partners, we stand with the heroic Ukrainian people. Further work is taking place with diplomatic channels, and the Ukrainian Government have today requested that the Russian Government be suspended from their membership of Interpol, and we will be leading all international efforts to that effect.

[Mr Speaker]

We did try to arrange with the Home Secretary’s office that the statement should be up to 500 words. I think we will find that that was beyond 800 words; it took six minutes. I think the House would have benefited from an actual statement. If we cannot have one tomorrow morning, I suggest someone might like to put in for an urgent question, because I believe the House would benefit from that, as there was so much in what the Home Secretary said. I will be extending topicals.

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

T2. Will the Home Secretary listen to the 50 organisations, including Save the Children and Amnesty International, that wrote a joint letter in The Times last week calling for the Ukraine crisis to lead to a rethink on the Nationality and Borders Bill, which discriminates against refugees depending on how they reach our shores?

--- Later in debate ---

[Priti Patel]

Let me refute every single point that the right hon. Lady has made. All intelligence, rightly, has pointed to the invasion for a considerable time, and the Government have been working for that, as we know, in terms of the wider Government response. [Interruption.] If I can start to respond to some of those questions, all hon. Members would benefit from paying attention and listening.

When it comes to providing visas and support for Ukrainian nationals in the United Kingdom, our schemes have been put in place for weeks—there is no confusion whatsoever. They have been in place in countries switching routes. They have been well publicised and well documented. We have been working through our visa application centres. [Interruption.] Again, perhaps the hon. Member for Birmingham, Yardley (Jess Phillips) would like to listen, rather than being responsible for some of the misinformation that has been characterised and put out over the weekend. Those routes have been open and available.

A helpline has been available for weeks. We have had people working in the region and in country in Ukraine for weeks and weeks. We obviously closed down our operations in Kyiv, because we removed staff from there—

[Mr Speaker]

Order. We have to make some progress. We are on topicals; they are meant to be short. You had six minutes before. I call Yvette Cooper, briefly.

[Yvette Cooper]

The Home Secretary said that the routes have been in place, but she has been trying to get people to use existing visas, which do not work in a time of crisis. That is why her Immigration Minister was suggesting that people come and pick fruit.

At a time when many people want to stay close to the Ukraine, we know that there are family members or extended family members—people who have connections here in the UK—who want to come and join family and friends. They will still not know what the situation is as a result of the Home Secretary’s words today. Let me ask her something very specific about the elderly parents of people who are living here in the UK, who are not covered by her announcement yesterday. Will the elderly parent who tried to join her daughter in the UK, who was turned down and made to go away by UK Border Force at the Gare du Nord, be able to return to the Gare du Nord today and come safely to the UK?

Marriage and Civil Partnership (Minimum Age) Bill

Lindsay Hoyle Excerpts

Report stage
Friday 25th February 2022 Commons Chamber

[Mr Speaker]

Before we get to proceedings, I remind Members of the difference between Report and Third Reading. The scope of the debate on Report is the amendments that I have selected; the scope of the Third Reading debate to follow will be the whole Bill as it stands after Report. Members may wish to consider those points and then decide at which stage or stages they want to try to catch my eye.

Clause 2

Offence of conduct relating to marriage of persons under 18

[Mrs Pauline Latham (Mid Derbyshire) (Con)]

I beg to move amendment 1, page 1, line 11, leave out “(2)” and insert “(3)”

This amendment would insert the subsection which provides for the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage after section 121(3) of the Anti-social Behaviour, Policing and Crime Act 2014 rather than after section 121(2) of that Act.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 2, page 1, line 15, leave out “threats or any other form or coercion” and insert “threats, any other form of coercion or deception, and whether or not it is carried out in England and Wales”.

This amendment would state expressly that for the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage, the conduct may take place in England and Wales or elsewhere and may, but does not have to, involve deception.

Amendment 3, page 1, line 17, leave out subsection (3).

This amendment would remove the cross-reference to the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage.

Amendment 4, page 2, line 3, leave out subsection (6) and insert—

‘(6) After subsection (7) insert—

“(7A) A person commits an offence under subsection (3A) only if—

(a) the conduct is for the purpose of causing the child to enter into a marriage in England or Wales,

(b) at the time of the conduct, the person or child is habitually resident in England and Wales, or

(c) at the time of the conduct, the child is a United Kingdom national who—

(i) has been habitually resident in England and Wales, and

(ii) is not habitually resident or domiciled in Scotland or Northern Ireland.”’

This amendment would mean that a person may commit the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage only if the conduct is for the purpose of causing a child to enter into a marriage in England or Wales, or the person or the child has a specified connection to England and Wales.

Amendment 5, page 2, line 4s, leave out subsection (7).

This amendment would in respect of the new offence of carrying out conduct for the purpose of causing a child to enter into a marriage remove the exception for marriages of 16 and 17 year olds that take place in Scotland or Northern Ireland, so that conduct related to such marriages may amount to an offence.

[Mrs Latham]

I am pleased to speak to these amendments, which I am confident will make the Bill clearer and cleaner, and provide more effective, targeted and proportionate safeguarding. Before I come to the details of the amendments, I remind hon. Members of the purpose of clause 2, to which all five amendments relate.

Clause 2 will create a new part of the forced marriage offence within the Anti-social Behaviour, Crime and Policing Act 2014. Currently, it is only an offence to cause a child to marry if violence, threats or another form of coercion are used, or if the child lacks capacity to consent to marry under the Mental Health Capacity Act 2005. It is not an offence to cause a child to marry if coercion is not used and the child is not covered by that Act. As I set out on Second Reading in November, this is a real loophole. To ensure that all children are protected, the Bill needs to ensure that it is always an offence to cause a child under the age of 18 to enter into a marriage, whatever the methods used.

I propose to start by going through the first three broadly technical amendments, beginning with amendment 3. The existing offence of forced marriage contains a subsidiary offence of deceiving someone into going overseas with the aim of forcing them into marriage there. That is an important addition, because such behaviour is far from uncommon. As it stands, the Bill expressly extends that deception offence to encompass the behaviour entailed in the new offence. However, on reflection, Ministers and I feel that it is not necessary. The new offence that we are adding, of causing a child to marry, refers to

“any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday, whether or not the conduct amounts to violence, threats or another form of coercion.”

That would include deceiving a child into going overseas. That means that the provision in the original Bill is unnecessary duplication, and it makes the law less clear than it could and should be. Amendment 3 would remove the express extension of the deception offence to cover the conduct entailed in the new offence of causing a child to marry. I would like to put beyond doubt, on the record, that that new offence does include deceiving a child, be that into going overseas or otherwise.

To reinforce this, amendment 2 adds specific reference to “deception” as one of the types of conduct that it might encompass, as well as specifying that it does not matter whether or not the conduct was carried out in England and Wales. Finally, and purely consequentially, amendment 1 merely moves the new offence of causing a child to marry from before the deception offence to after it, where it more naturally fits.

Amendments 4 and 5 make substantive changes to the nature of the offence, in such a way, I believe, as to improve the Bill. They relate to the jurisdictional scope of the offence—the scenarios that can lead to prosecution, based on where the parties are, where they live, what their nationalities are, and where the marriage is to take place. Currently, the new offence of causing a child to marry essentially inherits the jurisdictional scope of the existing forced marriage offence. It also required a carve-out provision—clause 2(7) of the original Bill—which removed liability where marriages of 16 and 17-year-olds take place in Scotland or Northern Ireland. Hon. Members will be aware that that was necessary because marriage policy is devolved and the age of marriage is different in those countries.

On reflection with Ministers, that presented two problems. First, those wishing to carry out a child marriage in England or Wales would, in many cases, have been able to get around the offence simply by having the marriage take place in Scotland or Northern Ireland—I refer to that as the “Gretna Green” exception. Secondly, the law as drafted would inadvertently include UK nationals resident in Scotland, and Northern Ireland residents who, perfectly legally under their own law and under the law of another country, wished to marry at 16 or 17 in that third country. That could be seen as a lack of respect for the devolution settlement. It is evidently not appropriate for the law to reach that far, but on the other hand, we would like to close the Gretna Green loophole. I am therefore grateful to Ministers for their help and support in reaching a solution that both respects the devolution settlement and removes that dangerous loophole.

Amendment 5, which is the first part of the solution, removes the current exemption in clause 2(7) for marriages of 16 and 17-year-olds taking place in Scotland and Northern Ireland. That will remove the Gretna Green exception. However, the offence would then cover all UK nationals marrying overseas, which could include those living in or domiciled in Scotland or Northern Ireland, where child marriage is—unfortunately—still legal. Amendment 4 will therefore make the jurisdictional provisions more proportionate and targeted while still ensuring maximum safeguarding. That will provide that a person can be prosecuted in one of three situations.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Monday 17th January 2022 Commons Chamber

[Rachel Maclean]

I thank my hon. Friend for raising such an important issue. These and many other issues are captured in the rape review. Every Member of this House will be concerned about the level of rape prosecutions, which is why the Government are working across Departments to improve the system overall, and it is absolutely right that we do so.

[Mr Speaker]

I call Dame Diana Johnson—I welcome the right hon. Lady to her first Question Time as Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Minister will know that, in 2015, in her report on rape investigations and prosecutions in London, Dame Elish Angiolini recommended that the specialist RASSO police officers should investigate rape cases. We heard much evidence to back that up in the inquiry that the Home Affairs Committee has just concluded. I have a question for the Safeguarding Minister, who appeared before the Committee in December. At the time she could not tell us how many police officers were RASSO trained, or, indeed, how many of the new recruits to the police had been RASSO trained. Is she able to do so today?