15 Luke Graham debates involving the Home Office

Tue 29th Oct 2019
Domestic Abuse Bill (Second sitting)
Public Bill Committees

Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons
Tue 29th Oct 2019
Domestic Abuse Bill (First sitting)
Public Bill Committees

Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons
Mon 28th Jan 2019
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Fri 23rd Nov 2018
Stalking Protection Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Fri 26th Oct 2018
Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Thu 25th Oct 2018
Immigration: DNA Tests
Commons Chamber

1st reading: House of Commons
Tue 11th Sep 2018
Counter-Terrorism and Border Security Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons

Domestic Abuse Bill (Second sitting)

Luke Graham Excerpts
Committee Debate: 2nd sitting: House of Commons
Tuesday 29th October 2019

(4 years, 6 months ago)

Public Bill Committees
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Carolyn Harris Portrait Carolyn Harris
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Thank you very much. Diolch yn fawr.

Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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Q Thank you very much for coming to the Committee today, and for your time. You mentioned that you had communicated with the devolved Administration in Scotland as well. Could you just elaborate on some of the communication you had and on the sharing of best practice, if any?

Nazir Afzal: It is premature, to be honest. The Scottish Government do not have a role of the kind that you have in the Bill, and that the Welsh Government have. It would be premature of me to tell you what their plans are. There is certainly good practice—there is no getting away from it. When we talk about knife crime, we talk about the public health approach in Glasgow, do we not? If the public health approach can work for knife crime, it can work for violence against women and domestic abuse. The idea of being able to contain people who are currently infected, for want of a better term, and then prevent others from becoming so by dealing with the infection—it is the same thing with domestic abuse. They are applying the kind of approach we are taking in Wales, and I hope England will do the same. There is good learning, good sharing and good practice. The Scottish Government are probably no further forward than England in relation to structural governance issues, but the will is certainly there.

I go back to what I said. Part of the problem, as HMI indicated earlier, is that we have a bit of a perfect storm right now. Scottish police numbers and health service numbers have been reduced. There has been an impact on all sorts of areas where previously the people were there to provide that level of service. NGOs do not have the same funding. If you have a significant increase in victims, as we have had over the past three years or thereabouts, there is nobody there to provide them with the service. Scotland is no different from England and Wales in that regard.

Luke Graham Portrait Luke Graham
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Q No, I appreciate that. The section of the Bill on the commissioner’s role talks about the establishment of an advisory board. The Bill mandates that the board must include representatives from voluntary organisations and healthcare professionals from England, but there is nothing about Wales. Given that Wales is a central part of the advisory board, would you like to be on the board?

Nazir Afzal: Not me personally, because I have not got the time, but I certainly think that Wales should be on it. It is an England and Wales board, even if there are reserved and devolved areas. I cannot see any reason why Wales should not be present. We currently engage with the Home Office even though, technically, it does not have responsibility for certain parts of what we do in Wales. I see no problem with that.

Luke Graham Portrait Luke Graham
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Q This is important, and I do not want to put you in a constitutional hotspot, but devolved does not mean separate. A lot of the Bill is meant to be set by the UK Parliament. Some Members will push for it to be extended in certain areas to Scotland. As I have experienced with my constituents, domestic abuse in relationships does not respect county or other political boundaries. Do you agree that—framed as the Bill is about sharing best practice, sharing standards, ensuring that certain standards are reinforced throughout the entire United Kingdom and ensuring that analysis is shared throughout the United Kingdom—this is a good space for the Bill to play in, and that it can respect devolution within the United Kingdom and the role of central Government?

Nazir Afzal: Yes, 100%. The victim referral pathways could involve a victim from—well, I had one a long time ago in London who was moved to Inverness. If we do not have common practices, and so forth, rest assured that that would be a recipe for disaster. You need to have an understanding across borders, despite the fact that, jurisdictionally, there will be differences.

Lord Coaker Portrait Vernon Coaker
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Q In your evidence to us just a few minutes ago, you said that there were some issues with the Bill and that you would be happy to share them with the Committee. Could you please do that?

Nazir Afzal: Absolutely. The main one is the public duty. We have found in Wales that unless you mandate it, it does not happen. Furthermore, unless you ring-fence it, it does not happen either. Our experience—the experience across England and Wales, actually—has been that if people have made cuts, they have made them in areas they see as soft, and strangely, they see this area as soft. That is ridiculous, frankly, but none the less that is what they do. Unless you say—we have not said this in Wales—“0.5% of your income must go on whatever it is” and ring-fence it, it does not happen.

The public duty side of it certainly needs to be clearer, because people do opt out. One third of mental health trusts in England do not have a strategy that deals with domestic abuse. Given the number of victims who will be suffering either as victims or, potentially, as perpetrators, that is scandalous. My experience tells me that unless you mandate these things, it does not happen. That is issue No. 1, and I clearly think that is right.

Black and minority ethnic victims have been let down. Do you know how many independent domestic violence advisors in England and Wales work specifically with BME people? There are four.

--- Later in debate ---
Alex Norris Portrait Alex Norris
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Q Is anywhere doing it really well at the moment? Postcode lotteries have winners as well as losers. Does anywhere model the sort of thing that you are talking about?

Eleanor Briggs: Yes. The research that we did with Stirling has three different case studies of how local authorities are operating. One is high functioning, one is doing okay, and one is a really poorly functioning local authority. We will happily share that to show you how the different models are working. We hope that through an expanded duty everyone could get up to that high-functioning model.

Luke Graham Portrait Luke Graham
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Q My question builds on those of some of my colleagues regarding how children who experience domestic abuse link with potential fostering services, the Department for Work and Pensions, and future education opportunities. Having had a number of constituents and some family go through a similar process, I know that there is a lot of opportunity to fall through gaps. What, in your view, are the elements of best practice? If they are not in the Bill already, we can try to add them. Certainly, we can share such best practice more widely, supporting an individual in an abusive situation and then connecting them with DWP services, education and other opportunities.

Sally Noden: I can talk about a case study. I think this will answer your question—tell me if it does not. Within our service, we had a referral of a sibling group. There is a waiting list, and by the time of the referral one of the children had been removed—in fact, all three of them had been removed and one was in a foster placement on their own. We continued with that work; our original piece of work was with the foster carer and the young person.

We linked up with children’s social care and with the foster carer, and we met with mum, because the young child was potentially going to go back home—so we linked up in terms of what sort of therapeutic support we could offer this young person. In fairness, children’s social care linked up with us as well and ensured that we were speaking to the right people. We needed to speak to the foster carer. We might have spoken only to mum, or we might not have spoken to her.

The big piece of work that we did with that young person was trying to work out their emotional responses to the uncertainty that they were going to go through. That was a huge piece of work, because they did not know whether they were going to go home. At one point, the courts were looking at whether dad was a potential caregiver. Dad had been the perpetrator of domestic violence towards mum. We had to do some work, although the child was not really in recovery because they still had lots of uncertainties; they really needed some therapeutic support in working out their emotions and their lack of knowledge about what was going on.

I do not know whether that quite answers your question. We ensured that we connected up, and doing so has to be everybody’s responsibility. It is the same with adult services. Often you see the adult presented, and you do not connect up whether the child will have to move school, and what will happen to them and their education. That is why it is so important to have children named as victims in the Bill, because people then have to connect it up, from all services.

Eleanor Briggs: I would add that if we got a wider duty, looking more broadly than accommodation-based services, that would help because you would have the board and representatives from all relevant partners across the local authority on that board looking at their joined-up response. That would get them talking, and would be such an opportunity. If they were looking more widely than just at accommodation, they would pick up on those issues.

Nic Dakin Portrait Nic Dakin (Scunthorpe) (Lab)
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Q It all sounds a bit precarious. A lot of excellent work is going on, but it is not certain that it will continue in a consistent way. You seem to be putting quite a lot of eggs in the basket of the wider duty, which will be a way to drive resource and underpin greater consistency, so that we are not just dependent on lottery funding that is falling. Can you explain how you think that will work?

Eleanor Briggs: I suppose the way the duty will be set up is that the boards will come together and do an assessment of what is happening their area; what the needs are and how they can commission services to meet those needs. I think the current version of it will look at accommodation-based needs, whereas the way that we envisage it, they will look at the whole spectrum. With other organisations, we would like to look at perpetrators as well, so that we can get a proper picture. We are looking to end this problem and that also involves support for perpetrators. They look at the whole thing as a holistic issue and look at where support is needed. Obviously, that demands a good risk assessment and the right people being there, but proper funding is also key. For this duty to be in place will need proper funding, so that once the assessment is done, the right services can be commissioned and funded properly so that that support is in place.

Domestic Abuse Bill (First sitting)

Luke Graham Excerpts
Committee Debate: 1st sitting: House of Commons
Tuesday 29th October 2019

(4 years, 6 months ago)

Public Bill Committees
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Liz Saville Roberts Portrait Liz Saville Roberts
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Q Justice is not devolved to Wales, yet many of these critical services are, and you are answerable to the Home Office. Do you feel that there should be answerability to Wales, given the critical nature of those services, which are devolved, and the fact that criminal justice over-straddles that?

Nicole Jacobs: I understand what you are saying. In other words, would I welcome the idea, for the issues that I would predominantly be working on, of answerability to Wales or Welsh Ministers? Of course, any mechanism that is appropriate to do that would be important to me. In fact, yesterday the national advisers were saying that they really welcomed the idea that I would be meeting the breadth of Ministers in Wales. They were not very territorial about that; they liked the idea that, once things have settled down, we will find ways to work together. There is obviously some resource that I can bring, in terms of things that they would like to get done. Again, I would be very cautious to learn exactly what is happening before setting out some kind of plan, not knowing how all of it co-ordinates or connects with Welsh colleagues, or whether it is welcome.

Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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Q Welcome and congratulations. My questions will be a bit about Wales, but also Scotland and Northern Ireland. I do not want to put you in a constitutional hotspot, because most Ministers and MPs could not answer some of these questions, but hopefully they will help to clarify the position and provide a bit of guidance to us. You will be held accountable to Wales, Scotland and Northern Ireland, because there are Scottish, Welsh and Northern Ireland MPs who sit in this place and will, of course, hold you to account. One part of the Bill is the advisory board—clause 11, I think. As part of that, part 4 and subsections (a)(b)(c) and (d) specify certain participants who should be part of the advisory board. It is very specific about ensuring the representation of the interests of voluntary organisations that work with victims of domestic abuse in England, healthcare services in England and providers of social care in England. Given that, certainly for now, you cover England and Wales, do you think it would be helpful for us to specify the same stakeholders from Wales to ensure that they are on the advisory board and that England and Wales are represented at that level?

Nicole Jacobs: Potentially. Because some of those issues are devolved to Wales, I would not want to impose the requirement that someone would have to come and sit on an advisory committee of mine if they thought, “In actuality, this is something that we govern ourselves.”

My intention is that the advisory committee will not just be set at 10. That is something that I was looking at last week. It could be set there, but there could be any number of advisers. In fact, I have been highly encouraged to use advisers from areas that perhaps do not sit in that official capacity. I think I would be seeking out advice. There is incredible work being done in Scotland. There is good legislation and really interesting work there. I think that, in any respect, I would be very curious and would want advice from outside Wales and England.

I suppose I would leave it to you to consider whether it is necessary to have them as official advisors. If my role and passion in life is seeking out the best practice —I assure you that it is—I would not be restricted by borders in that way. I would be very interested to visit—I often do this—and hear about work in Scotland, and I would like to know more about Northern Ireland. I am learning every day about Wales, and have done for the past few years, since that legislation was introduced.

Luke Graham Portrait Luke Graham
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Q That leads me to my next question. In your experience—obviously, you come from the United States, which is federal system with several different states and lots of different jurisdictions, but they come together as one country—do you find that domestic abuse or relationships stop at certain political jurisdictions?

Nicole Jacobs: No, not at all. You will have issues related to people moving from one place to another. In fact, that is a tactic that abusive people use to isolate their partner or family from sources of support. There is no doubt that there is a need to co-ordinate and understand cross-border.

Luke Graham Portrait Luke Graham
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Q You have talked a lot about the mapping exercise that you want to undertake. Do you foresee problems in having a national network, when it is not actually national—it covers England and Wales only, which is not our country but only two parts of it? Do you foresee major problems with that, especially when many victims, as in my constituency, will be flipping between different parts of the UK or will have family the length and breadth of the UK?

Nicole Jacobs: You are correct that that is true. My understanding is that what is happening in Scotland is quite impressive in terms of legislative changes. I know from a frontline-service perspective that in England we often look to Wales and Scotland to see what is happening there. I would not anticipate there being something superior happening in England. It would be more about learning, co-ordinating and making sure that my office would talk to equivalents in Scotland. My understanding of Scotland is that there is more of a regional and planned perspective of services. There is a lot of learning there, and certainly co-ordination.

Looking down the line, if there was a view taken between countries that there was inconsistency in service provision and something to bring back to you, that would certainly happen. I can imagine there would be a lot of cross-border support. I am about ending the postcode lottery: if there was a related issue in Scotland, I cannot imagine we would not find ways to work together and to promote those ideas. I hope that addresses it.

Luke Graham Portrait Luke Graham
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Q It does. I appreciate that. I have one final question, if the Chair does not mind. Unfortunately, in an area such as this, your role is so worthy and so wanted throughout the United Kingdom. I do not want to put you in a political hotspot with our constitution, whether it is Brexit or other movements where the UK can become a bit of an issue. However, I have a big concern. In my constituency I have Clackmannanshire, which has the highest instance per head of domestic abuse in Scotland. It is as much of a postcode lottery in Scotland as it is in other parts of the United Kingdom.

To be devolved does not mean to be separate. You come from a country with a federal system; the point about eminent domain still rests within this UK Parliament, as the sovereign Parliament. I do not see this as an either/or model. I would be very keen for a role such as yours to have a UK-wide remit, following a similar model to the Office for Veterans’ Affairs that was recently launched, which connects devolved and reserved matters and guarantees guidelines and standards throughout the United Kingdom, which I think is exceptionally important.

Do you foresee any problems? The Bill is quite specific about Wales. Paragraphs (c) to (g) of clause 6(2) talk about

“undertaking or supporting (financially or otherwise) the carrying out of research; providing information, education or training…to increase public awareness…consulting public authorities…co-operating with, or working…with, public authorities, voluntary organisations and other persons”.

At the moment, the Bill talks about

“co-operating with, or working jointly with, public authorities, voluntary organisations and other persons, whether in England and Wales or outside the United Kingdom.”

I find it bizarre that we are creating a Bill that says, “We want you to co-operate with England and Wales and other countries outside the UK, but not the two other constituent parts of the United Kingdom.” Do you foresee any problems for us in trying to extend your role in just paragraphs (c) to (g)—which currently apply to Wales—to Scotland and Northern Ireland? Obviously we might have to stagger that for Northern Ireland because we have no Assembly just now, but do you foresee any problems with extending your role for guidelines, consultation and research, so you can complete the mapping exercise and make sure that the service is provided to all citizens of the United Kingdom, rather than just two constituent parts of it? I will take away the political side for a minute—that is our job—but from a practical point of view, so long as you got a budget uplift to match, do you foresee any problems in your role being extended to Scotland and Northern Ireland?

None Portrait The Chair
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May I intervene for a moment? We have less than 15 minutes left and we still have four colleagues who have been waiting patiently to ask their questions. I wonder whether we could just speed it up, please.

Nicole Jacobs: I will give you a quick answer. I am not sure about some of that, but my instinct about the things you listed is that certainly some would be easier than others and, from my own knowledge of working, some things—such as the good practice mapping and some research—might be more welcome to colleagues in Scotland. Whether that extends to the whole breadth of the activities you described, I am not sure. My understanding of Scotland is that there are different structures, and different things are perhaps being mapped and planned that I am not aware of.

Luke Graham Portrait Luke Graham
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Q There is no commissioner in Scotland. We have no equivalent. Currently, it falls between the courts and Police Scotland to pick up some of the activity. We have no commissioner, so this would not be a substitute; it would be a complement. The idea is that, just as in Wales, you would have a role in that consultation on the work. Obviously, a legislative consent motion could be passed in the Scottish Parliament so that this was done in consultation and agreement with different levels of government rather than being imposed with an iron fist. I just wonder whether you foresee problems on an operational level. I know about the political bits; those are for us to deal with. I am just interested in that operational point.

Nicole Jacobs: Without having thought about it very much, I would say that some of those points seem obvious, but I am afraid I would have to consider some of the others further. There are things I know of happening in Edinburgh in children’s social care—“Safe and Together”—on which we are already co-ordinating with England. There are really obvious things to me about learning and maybe some shared research and other matters. On whether it extends to the whole list, I would have to come back to you or defer to your decisions.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
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Q Welcome to the post. What should we say in the Bill about perpetrators? There is a lot about prevention orders and so on, but what should we say about that? Should we say anything about rehabilitation or should we just lock them all up? What should we do?

Nicole Jacobs: I would say a couple of things. There are some criminal justice elements in the Bill. Making those robust and effective is not necessarily to do with locking people up but about ensuring that the criminal justice system is working in the way that it should and that is set out. I believe that one of the things we do not do enough is to prioritise multi-agency working around the courts system. In the area I have come from, we have specialist courts. We have a court management group, which is all the criminal justice partners and the specialist service, and they can collectively remember and problem solve around the mistakes that they inevitably may be making. That is not intentional; sometimes it is to do with the bulky way that our criminal justice system works. In terms of holding perpetrators to account, I suppose the one thing I would really encourage the Committee to consider is in what ways, in piloting the DVPOs, we could consider what helps to make the implementation work. We should not just say, “Are the police doing it or not?”, as if it is down to one entity; it has to be the whole of the criminal justice system working.

Having said that—I talked about the duty—I believe there is very little consistency in terms of enabling people to engage and change their behaviour. I would include that in the broadening of the statutory duty. Again, you will hear later from Jo Todd, who is much more of an expert than me, about the breadth of service. There is a perpetrator strategy that many organisations have signed up to that I am very interested in, and which I am sure you will have sight of or will perhaps be given in written evidence. I would stand behind that type of strategy, which is about prevention, provision of service and what I would call incentives to change—both carrots and sticks. What do we do to really have the breadth of provision that we need? Of all the domestic abuse provision, that is probably the most patchy in terms of where you could find places to change.

EU Settlement Scheme: Looked-after Children and Care Leavers

Luke Graham Excerpts
Tuesday 3rd September 2019

(4 years, 8 months ago)

Westminster Hall
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Tim Loughton Portrait Tim Loughton
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The hon. Lady is absolutely right; in fact, she has pre-empted what I will now not bother to say later. As she says, 16 and 17-year-olds have been assimilated with adults, but children in this country are those under the age of 18. So, it is absolutely essential that that definition is applied to all children, not least those most vulnerable of children. And as a result of schemes such as Staying Put, what is effectively the definition of the children who come within that remit will expand to include those aged up to 21, 23 and even 25 in the case of some, including those children with disabilities. Therefore, those figures that she referred to absolutely need to be disassembled, because these children are probably the largest group within the cohort that we are talking about today.

The Children’s Society has been very vociferous on the issue that we are considering today and it has done a lot of work on it; I pay tribute to that work, and the Children’s Society has also helped us to prepare for this debate. It has made a calculation—it is not about children in care, but it allows us to put things in context—that between the end of August 2018 and the end of June this year, 107,110 children under the age of 16 applied to the EU settlement scheme. So far, 86% of those children have had a conclusion to their application; 65% have got settled status and 35% have got pre-settled status; 180 applications were withdrawn, or were void or invalid; and no applications have been refused. However, that still leaves 14,510 children, who are presumably waiting for their applications to be concluded. So there is also a group of children coming through the normal scheme who are slightly in limbo.

Again, the whole point about the 16 and 17-year-olds is that we do not know how that group is broken down. So I repeat the call from the Children’s Society to see the ages of applicants broken down further, so that under-18s—as well as 18 to 25-year-olds, who are another potentially vulnerable subset of children not of “child age” but who are equally important and vulnerable—can be properly identified and, as a result, supported.

The Children’s Society also says:

“Additionally, only 12% of the applications to the EU Settlement Scheme have come from children aged under 16. But analysis from the Migration Observatory suggests that there were 700,000 EU children under 18 in the UK in 2018, meaning hundreds of thousands of children may still need to apply for settled status or secure British citizenship. If they do not, they risk being left without a lawful status in the UK which means being unable to access education, employment, healthcare, housing and other vital services.”

Therefore, this is still a big problem for those children in the care system and for those who, though not looked after, are unaccounted for in the applications that have come through so far. There is still an awful lot of work to do.

That group of up to about 5,000 looked-after children who will need to apply to the EU settlement scheme does not include care leavers—some of whom may be subject to “staying put” arrangements and other special support measures—or children who are classified as in need and who receive support services and vital help from local authority children’s services departments. That figure represents something like 6% of all children in care in this country—five years ago it was 3%, so there has been a rapid increase. Those individuals are an important part of the looked-after children estate and potentially some of the most problematic children to identify, support and register.

As the hon. Member for Birmingham, Selly Oak mentioned, it is a sad fact of life that children in the care system are still much too disproportionately represented in the youth justice system. Many are victims of people traffickers, many have English as a second language, and many rely on being able to access benefits and other support that we take for granted. Our children’s services departments are hugely overstretched, and the all-party parliamentary group for children has recently produced a number of reports on the issue.

I welcome hugely the announcement of an additional £14 billion for schools. I hope it will be confirmed tomorrow in the comprehensive spending review, although goodness knows what will happen tomorrow. It will be very well received, particularly in my part of the world of Sussex and other shire counties, but I want to ensure that children’s social care services are not excluded. Those services are within the remit of the Department for Education and have faced huge funding challenges, yet it is the local authority departments that provide them that will be responsible for looking out for these children, for identifying and registering them, and for the legal expertise for cases that are not as straightforward as those involving other children. For example, if children are here with a French or German family, they will be able to make the application on their behalf.

Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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My hon. Friend is making a fantastic and well-informed speech. Of the £14 billion going to education, £2 billion is due to go to Scotland, where the issue is devolved. I am concerned about how central Government will work with devolved and local government to ensure that no EU citizen, and certainly no child in care, is left behind, and I hope the Minister will clarify that in her closing speech. Scotland has only about 8% of the UK population but about 14% of the UK’s children in care. That is a problem for us, and every single level of government needs to work together to ensure that no one is left behind.

Tim Loughton Portrait Tim Loughton
- Hansard - - - Excerpts

My hon. Friend makes an important point. Although we are talking primarily about the looked-after children population in England and Wales, there is a particular issue in Scotland. I had not realised that the proportion was that high. It is really important that money going into education, which is also for the wider benefit of children in the social care system, is targeted at those children who need it most. If the issue is not dealt with, the problem in Scotland could be greater even than that in England and Wales. I hope that the Minister and the Scottish Administration are listening to my hon. Friend’s case.

Many of the children in this potentially most problematic group will have come here in difficult circumstances and gone into care, and it is highly likely that they lack birth certificates and passports and will find it difficult to prove their length of stay in the UK. They may have been moved around the whole system, as so often happens. Yet these children—I repeat that they are children—are expected to produce documentation in order to qualify under the scheme, even though they may not have that documentation. Moreover, the local authorities responsible for them could face huge challenges and detective work, requiring their buying in legal expertise and acting as advocates at a time when they are already hard pressed to look after the record number of children from the indigenous population who have recently entered the care system.

The hon. Member for Birmingham, Selly Oak pre-empted what I was going to say about the citizenship fees, which have been flagged up by the Select Committee on Home Affairs. The increase in fees over recent years, at all levels, has been extravagant, to put it mildly—the fees go well beyond recovering the cost of the service offered. In the past, it was always the principle that the charge should be equivalent to the cost of recovery, not that it should exceed it in order to subsidise services elsewhere in the Home Office. It is difficult to justify the high fee of £1,012 for a child to whom we have given safety and refuge. In most cases the cost will come out of local authority budgets—namely, children’s social care budgets, which are already greatly pressed—meaning less money to spend on social workers and on care placings for other children. Mr Bone, I should have mentioned my entry in the Register of Members’ Financial Interests.

Before I conclude with my asks, I wish to reinforce what the hon. Member for Birmingham, Selly Oak said about the situation of children coming over from France. There has been recent correspondence between the previous Home Secretary—my right hon. Friend the Member for Bromsgrove (Sajid Javid)—and the Home Affairs Committee, because we were concerned about what was happening to children in very vulnerable and dangerous situations in some of the camps in France, in particular those with a claim to come to the UK through the family reunion and other schemes, the processing of which seems to be taking an interminably long time. Part of the reason for that, as I found out when I went to Greece, is that, while potential candidates are lined up by charities and authorities, the process relies on social workers back in the UK doing the investigative work to ensure that the placements properly take care of the children’s welfare. However, due to the current recruitment situation, social workers are being pulled in all directions.

The previous Home Secretary provided some reassurance in his letter:

“I am pleased to confirm that the vast majority of the cases involving children in France awaiting transfer to the UK have been resolved, with many of the children having already transferred, under either the Dublin III Regulation…or section 67 of the Immigration Act 2016, or shortly about to; others are pursuing their asylum claim in France.”

These are some of the most vulnerable children and, frankly, if they were in camps outside Dover our local authority children’s services departments and our Government would have taken care of them. It is extraordinary that that has not happened in other countries. I am pleased that we have now accelerated the process to ensure that those who qualify are brought to a place of safety.

In conclusion, I have two asks. The first is that automatic settled status be granted to all looked-after children and care leavers. The very fact that those children are being looked after by local authorities in what are recognised as legitimate placements, paid for by the United Kingdom taxpayer and the local council tax payer, is an endorsement of their legitimacy and of our responsibility to look after them in the first place. Surely, therefore, the assumption should be that they absolutely have a rightful place in this country. If there is a problem with that, we should argue the toss later on, but let us give them protection at the outset.

Secondly, the issue of fees needs to be looked at—an ask of the Home Affairs Committee to the previous Immigration Minister, the right hon. Member for Romsey and Southampton North (Caroline Nokes). It is such a complicated system, as the Windrush issue threw up, with many different avenues to qualifying for citizenship. It is a complete minefield that needs to be simplified and the charges need to be reduced. The complicated nature of the system also makes it very expensive. For goodness’ sake, on behalf of this small but vulnerable group of looked-after children and care leavers, I urge the Government to waive their fees for citizenship applications. That is essential, whether or not we have a deal to come out of the EU—which matters not a jot to those children. They need our help and support. This country has recognised their need and has provided support. Let us not let bureaucracy stand in the way of continuing to do the right thing by those children, as we have a proud record of doing.

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Luke Graham Portrait Luke Graham
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Would the hon. Gentleman confirm the number of hours that were given to the Scottish Parliament to discuss emergency legislation that was rushed through in Holyrood?

Stuart C McDonald Portrait Stuart C. McDonald
- Hansard - - - Excerpts

I have to say that I do not know the answer to that question. I am sure that it was perfectly adequate. [Interruption.]

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Seema Kennedy Portrait Seema Kennedy
- Hansard - - - Excerpts

On the Coram report and the Department’s contact with all the important groups that assist vulnerable people, guidance has been published. Most importantly, guidance is being refreshed—this debate is part of that, to ensure the guidance is relevant. There has been a series of teleconferences for social workers and local authority staff, and they will continue monthly until next March. There is a designated telephone number for local authorities to call the Settlement Resolution Centre.

I will touch on an important issue that the hon. Member for Stretford and Urmston mentioned, namely legal aid. She has quite rightly mentioned the fact that the order has not been debated, and I will speak urgently to my colleagues at the Ministry of Justice in order to bring that forward. Until then, applicants can apply through the exceptional case funding scheme.

Luke Graham Portrait Luke Graham
- Hansard - -

The Minister is making earnest promises to work with local government to ensure that no child is left behind. Can she assure me and other colleagues that her Department will work with the devolved Administrations and local authorities in Scotland to ensure that all children are cared for, and that the opportunities provided in England are provided elsewhere in the UK?

Seema Kennedy Portrait Seema Kennedy
- Hansard - - - Excerpts

I am very committed to working with my counterparts in the devolved Administrations. It is a testament to the importance of this debate that hon. Members from all four nations are present—well, not the Welsh, unfortunately—which shows how strongly we feel about protecting vulnerable children in this situation.

Colleagues asked what would happen should children fail to make an application by the deadline, which, as I have said, will be either the end of December next year in a no-deal situation, or the summer of 2021 under the withdrawal agreement. The Government have a special responsibility for these children and care leavers. With these measures in place, I am confident that we will ensure that they secure a permanent status under the scheme.

I will touch on citizenship fees, because all hon. Members who have spoken have talked about them. Settled status gives indefinite leave to remain in the UK, but some countries do not allow dual citizenship. It is a personal choice; citizenship is not mandatory. However, we have committed to reviewing fees for child registration applications and will keep the House updated.

On the issue of asylum, which I think was raised by the hon. Member for Stretford and Urmston or my hon. Friend the Member for East Worthing and Shoreham, the UK takes extremely seriously its responsibilities to unaccompanied children. As my hon. Friend mentioned, the numbers have been increasing. In the past 12 months, we gave protection to more than 7,000 children. Whether we have a deal or not, co-operation on asylum will continue with EU countries, which is why we have taken proactive action to ensure that, whatever the circumstances, Dublin requests that relate to family reunification and that have not been resolved on the date we leave the EU will continue to be considered under existing rules.

I will touch quickly on the issue of criminality thresholds. I, too, queried why there was a 16-to-18 gap. Applicants under 18 are now not asked about criminality, but a police national computer check is still conducted if they are aged over 10. Only serious criminality, which forms consideration of deportation, is taken into account—serious persistent offenders with extended custodial sentences.

This has been a very important debate. Highlighting the issue at this earlyish stage of the EU settlement scheme is very pertinent, and I thank the hon. Member for Birmingham, Selly Oak for securing the debate. We will continue to engage with relevant stakeholders, to understand and address the needs of looked-after children in care. I reassure the House that the Government are absolutely committed to ensuring that we look after children and care leavers, and that they are supported to obtain their status under the EU settlement scheme.

Gender Pay Gap

Luke Graham Excerpts
Thursday 4th April 2019

(5 years ago)

Commons Chamber
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Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

I lay on the record my thanks to the EHRC, which did an excellent job last year of pulling in those employers who missed the deadline and ensuring that they reported—some businesses had just made a mistake or did not quite understand what they were supposed to do—and that is how we had 100% compliance by 1 August.

Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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Does my hon. Friend agree that it is important to check the gender pay gap right across the workforce, not just the boardroom? From my 11 years in industry, the biggest gaps often appeared at senior management level, but also among junior managers below boardroom level. We must have a range of information.

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

My hon. Friend makes an excellent point. This is not just about board level, although of course that is important; it is also about ensuring that women are paid properly and fairly when they start their career. Work on the gender pay gap will help address that, because it forces employers to look at how they treat women throughout the entire structure of the business.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Luke Graham Excerpts
2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019

(5 years, 3 months ago)

Commons Chamber
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 View all Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
Steve Double Portrait Steve Double
- Hansard - - - Excerpts

I am grateful to my right hon. Friend for his intervention, as he makes the good point that many UK residents believe that migration has to be brought under control and that the numbers need to be reduced. In leaving the EU, we have that once-in-a-generation opportunity to reset our immigration policy and manage it in a way that is right for our nation.

Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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My hon. Friend was talking about the benefits of immigration, and I could not agree more with him on that. Does he agree that the problem is not so much immigration, but administration? He rightly says that in many communities where there has been more immigration public services have been put under strain. The Migration Advisory Committee report outlined that funding should have followed that level of migration. Does he see this as an opportunity for us, as if public money were to follow the levels of immigration, it could benefit some areas that have had high levels of immigration and some that require immigration, such as certain areas in Scotland?

Steve Double Portrait Steve Double
- Hansard - - - Excerpts

I am grateful to my hon. Friend for the point he makes, which was exactly the one I am coming on to. In being able to take back our own immigration policy, we are provided with the opportunity to manage it in a way whereby the Government can ensure that any of the impact of large numbers of people moving into different areas of our nation can be addressed by investment and finance being put in place to support the services. We will be able to manage the number of people coming into our country in a way that does not put that undue pressure on public services. Many of the negative impacts, sometimes perceived and sometimes real, can be handled in a much better way and, thus, we will be able to extol the virtues of the positive elements that immigration brings to our country while managing some of the negative perceptions that people have.

As I said, I very much welcome the Bill as a first step towards resetting our own immigration policy. I want to say a few words about the immigration White Paper that the Government produced, and I am glad to see the Immigration Minister on the Front Bench, because I am sure she will not be surprised at the points I am going to make, as I have made them to her many times. I do, however, want to put them on the record. There is much to be welcomed in the White Paper, in developing a fair system that no longer discriminates between where people come from, but assesses people on the basis of their abilities and what they will bring to our country. That absolutely should be welcomed. But as I have listened to businesses in Cornwall, I have heard about a number of elements of the White Paper that cause them concern, and I wish to highlight those here today.

We very much welcome the pilot scheme for seasonal agricultural workers. It is good that the Government acknowledge that this sector has a particular requirement for seasonal migrant workers that we need to make sure we are able to meet. The latest figures from the Cornwall and Isles of Scilly local enterprise partnership state that there are about 7,000 migrant workers working in our agriculture and food sector in Cornwall. Many farmers rely on migrant workers. My own father-in-law, who at the age of 89 is still farming on the Isles of Scilly, keeps making the point about how vital his seasonal workers from eastern Europe are to making sure he can pick his flowers and get them to market. It is vital for our farms that we continue to be able to meet that seasonal requirement for labour. The pilot scheme is therefore very much to be welcomed, as is the Government’s acknowledgement of the need of that sector.

The agriculture sector is not the only one that relies heavily on seasonal workers. In Cornwall, the tourism and hospitality sector, which is even bigger than our food and agricultural sector, has exactly the same requirement for seasonal workers from overseas. They are needed to come to man the hotels, bars, restaurants and the tourist resorts in Cornwall to make sure that those businesses are able to continue to function and provide the services for the many, many thousands of tourists who come to Cornwall every year. So I urge the Government to look beyond the agricultural sector and to other sectors that have a particular requirement for seasonal workers. I welcome the steps that have sought to address this need through the 12-month low-skilled work visa, but I urge the Home Secretary and the Government to look at this again, because we clearly have a balance to strike here. At the moment, in this country, we do not have an army of people waiting to take up these jobs.

We have almost full employment, so there is a need to make sure that we have the workforce that our businesses, particularly those that require a heavily seasonal workforce, need. I am concerned that the 12-month low-skilled visa will put additional costs on businesses, in terms of the need both to keep recruiting staff every year and to keep retraining them every year. I am not convinced that it will help to meet the requirements of many of our businesses, so will the Government look again at what more we could do, particularly to help the tourism and hospitality sector?

Like others, I have concerns about the £30,000 threshold for skilled workers. A salary threshold is a fairly blunt instrument for identifying the skilled workers we need. That is particularly true in an area like Cornwall: when the average wage in the constituency that I represent is only around £18,000, that £30,000 threshold is unrealistic and will mean many people will be unable to come and work in businesses in Cornwall.

European Union (Withdrawal) Act

Luke Graham Excerpts
Friday 11th January 2019

(5 years, 3 months ago)

Commons Chamber
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Diane Abbott Portrait Ms Abbott
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I do agree. Very often, when people raise concerns about migration, it is a proxy for other concerns. None the less, the Government have a responsibility to make proposals on migration that are good for society, good for business, and good for our economy.

On the question of EU citizens, the Home Secretary has given a number of assurances, but we have not heard so much about EU citizens and their families. There can be no question but that the process of registering over 3 million EU citizens could well be problematic. On the basis of the immigration and nationality directorate’s record in the past, there must be some concern.

Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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The right hon. Lady said that there has been a lack of clarity in respect of EU nationals’ families, but actually there have been a number of statements by Government that have clarified the rights that people have to go back to their families to Europe and to bring their spouses and children over. It is not a lack of clarity but merely a lack of reading by the right hon. Lady.

Diane Abbott Portrait Ms Abbott
- Hansard - - - Excerpts

It is that tone that has done so much to damage people’s good faith on where the Government are going on this issue. I have met lawyers who specialise in these issues and EU nationals who have concerns around these issues. There is no question but that very many EU nationals still have very real concerns about the process and about their families and dependants. Rather that adopting that tone, the hon. Gentleman would be better advised to speak to EU nationals and find out their concerns for himself.

Luke Graham Portrait Luke Graham
- Hansard - -

I am sorry, but I have spoken to a number of my constituents who are EU nationals. I have fought to get them passports. I have made sure that their rights are heard. I hear them every single week. I have had people in tears in my office. Because of the clarity of the information given, I can help those constituents, fight for their rights, and secure their place in the United Kingdom. I want a quality debate, and so do our constituents, so let us stick to the facts, not the fiction.

Diane Abbott Portrait Ms Abbott
- Hansard - - - Excerpts

I am glad that the hon. Gentleman is keeping up with his casework. However, if he talked to organisations that represent EU nationals as a whole and to lawyers nationally who deal with these issues, he would know that there is still too much that is not resolved—above all, the capacity of the immigration and nationality directorate to process over 3 million EU nationals effectively.

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Peter Grant Portrait Peter Grant (Glenrothes) (SNP)
- Hansard - - - Excerpts

I am grateful finally to get the chance to contribute to this debate. I am in a bit of an unusual position—I think I am speaking on day six of a five-day debate, which is a privilege not granted to many.

I appreciate the chance to remind the House of some of the reasons—only some of them, because we have only four hours left and others want to speak—why Scotland cannot and will not accept this deal or anything closely resembling it. For me and a great many of my fellow Scots, probably the most damaging and pernicious feature of this entire deal is the very thing the Prime Minister chose to list as its single biggest benefit. When she emailed all 650 MPs ahead of the original withdrawal agreement debate, what did she choose to put right at the top of her list of reasons for supporting the agreement? The fact that it would mean an end to the free movement of people.

The Secretary of State for the Home Department confirmed that today. Despite his protestations, there were howls of protest from Conservative Back Benchers when my hon. Friend the Member for Perth and North Perthshire (Pete Wishart) made the same point yesterday. I find it astonishing that, given the Environment Secretary’s comments yesterday, the party in government seems more concerned about the welfare and free movement of racehorses than about the welfare and free movement of people. The Conservative party believes that ending the free movement of people is the best aspect of this deal. I beg to differ.

In fact, if end the free movement of people were all the agreement did, that in itself would be more than sufficient reason to consign it to the dustbin. I see young parents in my constituency in tears because the Scotland they have come to know and love as their home—the Scotland that made them so welcome—will not be allowed to give the same welcome to their families. I see our precious health and social care services, on which members of my family rely right now, plunged into crisis because the British Government are deliberately making it harder for them to recruit the staff they need. I see my home country, which is known throughout the world as one of the most welcoming and hospitable on the planet, being dragged into a mire of xenophobic, small-minded isolationism by a governing party that has been resoundingly rejected in every election my country has seen during my 58 years on planet Earth. When I see those things, the only response I can give with any kind of conscience is that I will resist the agreement with every cell in my body and for every second that I am granted to remain in this life.

If our people had been told the truth in 2014—if they had been told that the price of continuing to be governed from London would be being part of this vile policy—there would be 59 fewer Members of this Parliament and the national Parliament of Scotland would be exercising full sovereignty as a full partner member of the European Union family.

Members on both sides of the House should look themselves in the mirror and examine their consciences carefully. Is it not utterly despicable that some people set out in 2014 deliberately to target EU nationals, who had the right to vote in our referendum because that was the right thing to do, and say, “You’ve got to vote to be ruled by Westminster because otherwise your future as EU citizens in Scotland could be under threat,” but those EU nationals then saw the rights they enjoyed and expected their families to enjoy taken away from them as a result of a decision their home country voted against in a referendum they were banned from taking part in? I really wonder how some people in this place can sleep peacefully at night.

Luke Graham Portrait Luke Graham
- Hansard - -

The hon. Gentleman makes a very valid point about the 2014 referendum. It is despicable when EU nationals’ rights are played with as a bargaining chip, so can he speak to the comment by the then Deputy First Minister, Nicola Sturgeon, that 160,000 EU nationals in Scotland would be stripped of their right to remain in Scotland if it did not get access to the European Union? There was no unilateral guarantee like the one the Prime Minister and the Home Secretary have provided from Nicola Sturgeon then. Why is it okay for the Scottish National party to use EU nationals as bargaining chips but despicable of us to guarantee their rights?

Peter Grant Portrait Peter Grant
- Hansard - - - Excerpts

I say first to the hon. Gentleman that his Government refused point blank to give the immediate unilateral guarantees the Scottish Government asked for the day after the—[Interruption.] No, they refused point blank to do it. Nicola Sturgeon was pointing out to EU nationals in Scotland the danger of continuing to have an immigration policy that was reserved to this place. She was not stating what would happen in the event that Scotland became independent; she was warning what might happen in the event that we did not. The hon. Gentleman knows perfectly well that the fears being expressed now by tens of thousands of people in Scotland are exactly the fears they were warned about by the then Deputy First Minister.

Let me remind the House of one of the boasts the hon. Gentleman made when he intervened on the shadow Home Secretary. Unless I am very mistaken, he boasted that he had fought to get his constituents passports. The Conservative party is proud of the fact that people who came here to live, work and contribute as a matter of right now have to seek the services of a Member of Parliament to fight to be given the passport that should be theirs as a matter of right. If the Conservatives think that is something to be proud of, that demonstrates once again how far their moral compass is from anything that could ever be accepted in Scotland.

That is only when we consider the moral and humanitarian arguments against what the British Government are seeking to impose on us. It would be bad enough for them to embark on such a regressive, socially divisive path if they thought that it would make us better off, but every one of their own analyses, of which there are quite a few—in fact, just about every credible analysis ever made of the economic impact of free movement of people—tells us that it is good for the host nations, and good for the peoples of the host nations.

The Government’s own analysis shows that, no matter what Brexit scenario we end up with, ending free movement and slashing the rights of immigrants to come here on anything like the scale that they intend will damage our economy. So even if we subscribed to the Thatcherite gospel that there is no such thing as society, but just a collection of individuals—even if we followed that creed of “Let us look after ourselves, and to hell with everyone else”—ending free movement of people would still be the wrong thing to do. To subscribe to this Government’s anti-immigration and anti-immigrant philosophy, we would not just need to be selfish; we would need to be out of oor flaming heids.

On 19 December, during the final Prime Minister’s Question Time of the year, I asked the Prime Minister to name one single tangible benefit that would compensate my constituents for the social and economic damage that we know ending free movement of people would cause. She could not give a single example. If the Home Secretary wants to listen, I will give him a chance to stand up and name one benefit to my constituents of ending free movement, but even if he were interested enough to listen, he would not be able to do so.

In fact, I will happily give way to any Conservative Member who wants to take the opportunity to answer the question that the Prime Minister dodged. None of them wants to do so. No Conservative Member can identify a single tangible benefit that my constituents will see. By their silence, the Conservatives are telling me that I cannot vote for this deal. By their silence, they are telling me that ending free movement of people is not good for my constituents—so how dare they ask me to support it?

The Prime Minister dodged the question, just as she and a succession of Ministers have dodged every difficult question that they have ever been asked during the Brexit process. Indeed, the ongoing debacle over parliamentary scrutiny of this shambles demonstrates that we have not only a Prime Minister and a Government who have lost control, but a Prime Minister and a Government who will cynically play the card of parliamentary sovereignty when it suits them, but will use every trick in the book—and quite a few tricks that are not in the book—to try and stop us doing the job that we were elected to do. They spout their creed of parliamentary sovereignty sometimes, and at other times they do everything possible to undermine it.

They Government went to court to try to prevent Parliament from having any say in the triggering of article 50. They have whipped their own MPs—although not successfully in every case—to vote against allowing this debate even to happen. I have noted on every day of the debate that those who claim that allowing it to take place was an act of treason have not exactly been backward in coming forward and asking to join in at every opportunity. The Government abuse their privileged position in respect of setting parliamentary business to try to strip the meaningful vote of any actual meaning. Like bad-loser, spoilt-brat football managers the world over, they have even resorted to ganging up on the referee to complain and accuse him of cheating every time he gives an offside decision against them—and not just during the 90 regulation minutes of points of order on Wednesday; the Leader of the House even tried to do it again during a wee bit of penalty time yesterday morning.

The Government are mounting an intense campaign of what can only be described as misinformation to frighten Parliament, to frighten our citizens, to frighten businesses, to frighten everyone, into believing that they must accept this deal because it is the only possible deal and the only alternative is no deal. That is simply and palpably not true, and the Prime Minister knows it is not true. How can I be sure that the Prime Minister knows it is not true? Because she has said so herself on at least half a dozen occasions that I can trace. She has said it at the Dispatch Box, and she has said it in television interviews. She has told us that it is not a simple choice between her deal and no deal.

In an attempt to scare the no deal brigade in her own party, the Prime Minister was forced to admit that if her deal failed, Brexit might not have to happen. When I first saw that reported on the BBC website, I thought it must be a mistake, but if it was, it is a mistake that the Prime Minister has made nearly every day since then. Her clearly stated position is that we are not faced with a simple binary choice between her deal and no deal. We still have the option of keeping the deal that we already have. Staying where we are is always an option. The status quo is always available. The best of all possible deals is the deal that we have right now, and I must say to my colleagues and good friends on the Labour Benches that it is the only possible deal that meets their six tests of an acceptable Brexit. If they could only get their act together and accept that, between us we could stop this madness with absolute certainty.

Earlier this week, the Under-Secretary of State for Exiting the European Union, the hon. Member for Daventry (Chris Heaton-Harris), in what I have to say was the most shambolic appearance before a Select Committee that I have ever seen, managed to walk into a trap and make an admission that he had been trying to avoid making throughout the meeting. It was a trap set—presumably by mistake—by one of his own fellow hardline Brexiteers. He was asked:

“Minister, would you agree that, by taking no deal off the table, it weakens our hand in negotiations with the EU?”

His reply was “I would, yes.” Members should think about that for a minute—apart from the slight technical point that there are no negotiations with the EU, because the deal has been done and the negotiations have finished.

Not only the Minister, but one of those hardline Brexiteers in the European Research Group, has admitted that the Government have it in their power to take no deal off the table. Why would they leave it on the table when they know, and everyone knows, that it is the worst possible outcome? Why would they try to force a situation in which it the only alternative, which is what they want us to believe? Why, in recent weeks, have they spent so much time and money telling businesses, trade unions, voluntary organisations and everyone else something that they know is not true?

Only the Government could answer those questions, but when it is put in the context of all the other shenanigans that they have been up to, it seems obvious what they are doing. They know that the Prime Minister’s deal has absolutely no chance of getting through the House on its own merits. In fact, I think most Ministers have known for months that as soon as the Prime Minister set her stupid red lines, there was no possibility of an acceptable deal that complied with those red lines, but instead of doing the right thing—instead of persuading the Prime Minister that she had to change her approach— they set out to try and pauchle the whole process. They were determined that the only vote we would ever have—the vote, remember, that they do not want us to have at all—would be rigged. They knew that the only good thing about the Prime Minister’s deal was that it was not quite as bad as no deal, so they set out to fabricate a situation in which they tried to tell us that no deal was the only alternative. That is why we have seen the Prime Minister’s almost Damascene conversion, virtually overnight, from “No deal is better than a bad deal”—which, by the way, is in the Conservative manifesto—to “Any bad deal is better than no deal”.

That is just one example of the hypocrisy and the double standards that we have seen from this Government, but perhaps the most brazen example of their double standards—and that is saying something—appeared in a tweet earlier this week.

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Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
- Hansard - -

Immigration has been a big part of the Brexit debate and one of the most contentious issues in modern political times. The right hon. Member for Mid Sussex (Sir Nicholas Soames) made it clear that the matter should be debated robustly and respectfully, and I hope to do that in my remarks. Like many others, I recognise that immigration stirs passions, and that this House must have the courage to confront an issue that vexes not only our country and our constituents, but the United States and many EU and Asian states. Immigration is an important issue for me. I have been lucky enough to live and work on three separate continents and to experience the immigration regimes of the People’s Republic of China, the Kingdom of Thailand and the republic of the United States of America. I have been through their immigration systems and have seen costs and benefits.

The United Kingdom has had a significant amount of immigration over the past two decades. A Migration Advisory Committee report makes it clear that the experience of immigrants and immigration across the United Kingdom has been different, which is reflected in the numbers. England has far more foreign nationals and people born abroad than Scotland—5.5 million versus 358,000, and 16% versus 9%. That shows that the UK as a whole is not the backward, narrow-minded backwater that so many Opposition Members keep trying to suggest, but a booming international country that has welcomed and always will welcome people who want to live and work here.

First, I want to respond to the criticisms made by some Scottish National party Members, because their contributions have been ill-tempered and poorly judged. They talk about the UK and Scotland as though they are one place, but we know that that is not true. Net migration in London was over 88,000 in 2016-17. In Glasgow, it was just over 5,000. In Perth and Kinross, which I share with the hon. Member for Perth and North Perthshire (Pete Wishart), it was 148. In Clackmannanshire, which sits entirely within my constituency, the average was 15 a year between 2004 and 2016.

Secondly, other parts of the UK are not hotbeds of anti-immigrant sentiment. According to the British social attitudes survey in 2016, there was a variation of only five to six percentage points between Scotland, Wales and England in terms of opinions on immigration, and that is with Scotland having experienced immigration in the thousands and England and Wales in the millions.

Thirdly, SNP Members make themselves out to be champions of EU nationals, but in 2014 the then Deputy First Minister, now First Minister, Nicola Sturgeon, clearly said that EU nationals would be stripped of their right to remain in Scotland if Scotland separated from the UK and therefore the EU. They were used as a bargaining chip. It was despicable then and it is indefensible by the SNP Members now.

Peter Grant Portrait Peter Grant
- Hansard - - - Excerpts

While this debate has been taking place, BBC The Social, a wonderful fairly new social media channel based in Glasgow, has posted a video of a young woman called Patrycja who arrived from Poland 12 years ago with £100 in her pocket and is now running a vital charity for vulnerable young women in Scotland. Does the hon. Gentleman think that the Immigration Bill should be changed to prevent the next Patrycja with £100 in her pocket from coming to Scotland and bringing the benefits that today’s Patrycja has brought?

Luke Graham Portrait Luke Graham
- Hansard - -

I do not think the hon. Gentleman has ever listened to any of my speeches. I am one of the most liberal and pro-immigration politicians in the House. To those who want to work here, live here and contribute, our door should be open, and Patrycja is a fine example of that. I welcome her, just as I welcome the Syrian refugees who have experienced racism in my own constituency. In the last month, I have had grown men in tears in my constituency office because of the racism they are experiencing in my constituency in modern-day Scotland. That racism must be called out and addressed in Scotland, in England, in Wales—anywhere it appears in the United Kingdom—and it will be.

We as politicians should be engaging with this debate. My hon. Friends have talked about being honest and direct. That is completely right. The Migration Advisory Committee report is very clear that immigrants are net contributors to our economy—they make a beneficial contribution to our country—but it also recognises that, where there have been high concentrations of immigration, public money has not followed. We have to invest in the infrastructure so that the burden of immigration—in terms of numbers and public services—is borne by the Government, not individual constituents trying to integrate and contribute.

In my constituency, we have formal advice from Clackmannanshire Council, which is SNP-run, saying that the SNP-run NHS—I have the letter here and I am happy to put it in the Library—has to be mindful of accepting refugees to the area because of the lack of GPs in Clackmannanshire. This shows that the SNP has not managed public services such that we can welcome people to our country.

The immigration proposals and the opportunity through Brexit to shape our immigration policies are very important. We do not need to get lost in a vicious circle of negative stories about immigration. We can talk about the positives, as Members from across the House have done. We have a fine opportunity to develop new visa schemes and forms of co-operation with other countries, as my right hon. Friend the Home Secretary mentioned earlier when he talked about e-gates. We could use our innovative and entrepreneurial spirit to go one further and consider a US-style green card, which in the past has had cross-party support, although the green might be a problem—I would be happy for it to be blue, if that satisfied other Members.

Let’s be honest. When we are discussing immigration, we are not talking about faceless numbers; we are talking about real people who come here, contribute and make our country better. We need to break the vicious circle. We have a chance to develop a more innovative and welcoming immigration system in this country. Immigration is a sign of success, not failure, and I hope it will continue sustainably once we have left the EU.

Stalking Protection Bill

Luke Graham Excerpts
3rd reading: House of Commons & Report stage: House of Commons
Friday 23rd November 2018

(5 years, 5 months ago)

Commons Chamber
Read Full debate Stalking Protection Act 2019 View all Stalking Protection Act 2019 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 23 November 2018 - (23 Nov 2018)
Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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I congratulate my hon. Friend the Member for Totnes (Dr Wollaston) on bringing this important Bill to this advanced stage. My only disappointment is that, in its current form, it does not apply to Scotland.

In Scotland stalking is covered under the Criminal Justice and Licensing (Scotland) Act 2010, section 39 of which includes some of the measures we discussed this morning. Section 39 specifically mentions conduct, especially the different kinds and modern forms of stalking. The conduct defined in that Act includes: following someone; contacting or attempting to contact them by any means; publishing material relating to, purporting to relate to or purporting to originate from them; monitoring their use of electronic communication; entering premises; loitering in any place; interfering with their property; watching or spying on them; or acting in another way that a reasonable person would expect to cause the victim to experience or suffer fear or alarm.

The 2010 Act has no provision for a stalking protection order, which my hon. Friend seeks to introduce today. If the Bill is successful, we can work with colleagues in the Scottish Parliament to make sure there is equality of law and equality of the protection of rights across the United Kingdom.

This truly is a British problem. In 2017-18 there were 1,376 reported cases of stalking in Scotland, up from 495 in 2011-12—a 170% increase in the incidence of stalking. I know from the personal experience of constituents coming to my office that geography is no hindrance to such crimes, and it is important that, across the United Kingdom, our citizens have the same rights and protections.

My hon. Friend the Member for Torbay (Kevin Foster) spoke on Report about the British Transport police—an issue that has been a bone of contention back home and has been debated here and elsewhere. It is particularly important that these powers include the British Transport police, because these crimes have no respect for geography. He accurately highlighted that busy commuter trains and other forms of transport are where individuals can be at the greatest risk, especially in this day and age when a mobile phone can be used to take a picture or a video of someone sitting on a train, reading a paper in a tube carriage or doing anything else on public transport. That is another realm of risk, and many years ago, or even in the 2010 Act, we would not have appreciated the current extent of that risk. Including the British Transport police and making sure we have a co-ordinated and joined-up approach across the United Kingdom are both important.

Many Members have spoken today about their experiences as Members of Parliament, and about the experiences of their constituents. A number of constituents have approached me with varying degrees of relationship and other issues, and whether they go to the civil courts or cross over to the criminal courts, it is important that such personal and individual matters are given the right expression and protection in this place.

Individuals can be affected in incredibly negative ways when what originally seems to be innocent following turns a lot more malicious. It is important to make sure that the protections are there for these individuals, which is why I started my speech by talking about the different forms of conduct. It is important that we consider the breadth of conduct.

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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I listened carefully to my hon. Friend the Member for Croydon South (Chris Philp), who talked about a definition of stalking. My hon. Friend the Member for Ochil and South Perthshire (Luke Graham) has just raised that matter again. The real problem sometimes is that what seems innocuous to most people preys on the mind of the person who is being stalked, so a little thing that we may think is nothing actually has a huge impact. That is one of the problems of defining stalking.

Luke Graham Portrait Luke Graham
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I thank my hon. Friend, who makes, as always, a very wise contribution that is very welcome. As I was saying, it is important that we protect these individual rights and make sure that, no matter how seemingly innocent these actions are, people have the right protection so that the experience is right for them because it is about their own fear of harm and harassment.

I welcome the provisions to extend this to the British Transport Police and to make sure that the protections for individuals are there. I hope that, if my hon. Friend the Member for Totnes is successful with the Bill, she will work with colleagues in the Scottish Parliament as well to make sure that we have equal rights across our United Kingdom.

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Luke Graham Excerpts
Tim Loughton Portrait Tim Loughton
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Give my hon. Friend the Member for Colchester (Will Quince) a job—I am sure that will happen shortly. We should be paying tribute to him, too, because although many other Members have been part of this crusade, including my hon. Friend the Member for Banbury (Victoria Prentis), who is sitting next to him, he has probably done more than anyone to put stillbirth absolutely on the parliamentary and national radar.

It is because of the Minister’s empathy, understanding and preparedness to work with parliamentarians that we are in a position in which, if this enabling legislation is enacted, we can have practical measures in fairly short order, perhaps even ahead of the first civil partnership for opposite-sex couples happening in this country before the end of 2019. This enabling clause gives a good deal of discretion to the Minister, and there is no other Minister I have greater faith in to make sure that something actually happens. Now that we have praised him to the rafters, we will expect a very early announcement on when the change will happen.

This is a complicated Bill, as I have said, and that is my own fault, but it contains four really important measures that have widespread support across the whole House and across the country.

Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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Will the hon. Gentleman give way?

Tim Loughton Portrait Tim Loughton
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If my hon. Friend wants to ruin my peroration, I will allow him to do so.

Luke Graham Portrait Luke Graham
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I apologise to my hon. Friend and thank him for giving way. I am in full support of the Bill, but I have one technical question that I hope he will be able to answer. Clause 6 clarifies that clause 5 applies to Scotland, England and other parts of the United Kingdom. Clause 5(1)(a) states that

“the Marriage of British Subjects (Facilities) Acts 1915 and 1916…no longer apply in England and Wales”.

Under clause 6, that will also apply to Scotland. As I am sure the House will know, those Acts make reference to the recognition of marriage certificates in the United Kingdom and those of British dominions, basically giving British citizens getting married in the dominions and those getting married here in the United Kingdom almost equal recognition. I am all for increasing rights, but I just want to make sure that that provision will not reduce any of our constituents’ rights in their future marriage choices.

Tim Loughton Portrait Tim Loughton
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I am grateful to my hon. Friend for that very pithy intervention. He makes some good points, and no doubt some other smartarse in the House of Lords will want to bring them up as well. With the greatest respect, I am sure that he can speak further to those points on Third Reading—as long as he does not go on for too long. To coin a phrase from Front Benchers, I would be happy to write to him and give him more details. I shall now somehow try to return to my peroration.

As I was saying before I was so helpfully interrupted, the Bill is long overdue. It sets out a practical route and a timeline—certainly in the case of civil partnerships—for these iniquities and inequalities to be resolved. I know that it has widespread support in this House, and I am grateful to all those who have made it possible to get this far. I will be particularly grateful to the Immigration Minister if she ensures that the Bill gets through its Third Reading so that we can have further discussions in the other place. I very much hope that it will be granted its Third Reading without a vote today.

--- Later in debate ---
Luke Graham Portrait Luke Graham
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Does my hon. Friend’s argument not surely mean that civil partnerships are a step in the right direction, because they allow couples to formalise their cohabitation and make a formal commitment to each other? Does he not agree that we in the Conservative party are champions of individual freedom and we should be providing people with the opportunity to make their choices? This issue is before this House and out for consultation in Scotland. Does he not think this House should lead so that the rest of the UK can follow?

Neil O'Brien Portrait Neil O'Brien
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I hear the argument my hon. Friend makes and I say, “Of course”, but the thing I gently point out is that a lot of other Members have made the case for civil partnerships as a final status for people who do not want to get married and said that we should deliberately create a halfway house, not as something that people can be in a for a time but for something that they—

Immigration: DNA Tests

Luke Graham Excerpts
1st reading: House of Commons
Thursday 25th October 2018

(5 years, 6 months ago)

Commons Chamber
Read Full debate Fisheries Bill 2017-19 View all Fisheries Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
Sajid Javid Portrait Sajid Javid
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That is an important point. I think it is already the situation that where someone chooses to provide DNA evidence, it generally speeds up their case, because DNA is pretty straightforward to analyse and to make a determination about compared with cases involving paperwork that sometimes goes back and forth between the applicant and the Home Office. In cases where people choose to do this, the matter should be dealt with as quickly as possible.

Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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I welcome my right hon. Friend’s announcement that he will review the immigration system. Can he assure the House that concerns raised in cases from across the United Kingdom will be taken into account when forming these new structures to ensure that our new policies and system will provide not only clarity, but consistency across the UK?

Sajid Javid Portrait Sajid Javid
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My hon. Friend is right. As we review our immigration system and consider any changes, it is crucial that they will apply clearly and uniformly in exactly the same way throughout the United Kingdom.

Counter-Terrorism and Border Security Bill

Luke Graham Excerpts
Part 2 of the Bill seeks to strengthen our borders against such an attack in the future by creating new powers to investigate hostile state activity at the border. Police and customs officials will be able to stop, question, search and detain an individual at the point of entry to the country.
Luke Graham Portrait Luke Graham (Ochil and South Perthshire) (Con)
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My hon. Friend is explaining to the House how terrible the attack in Salisbury has been. Does she agree that it is actually a threat to the whole United Kingdom and that it is important that the provisions in the Bill are carried through not only so that action can be taken but so that information can be shared with security and police services right across the United Kingdom?

Caroline Johnson Portrait Dr Johnson
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I agree that it is important in any part of police work that, where appropriate, information is shared throughout the country so that individuals who seek to do us harm can be stopped or caught if they have already committed an offence.

Being able to stop people at a border and question their intentions on coming to this country will be important in enabling the Government, the security services and the police to protect the citizens of the UK.