Illegal Immigrants (Criminal Sanctions) Bill

Lyn Brown Excerpts

Friday 4th March 2016 Commons Chamber

[Lyn Brown (West Ham) (Lab)]

It is a great pleasure to be here again on a Friday morning. I always enjoy these moments. The memories of them will last me into my old age.

I was worried that we would not get to this Bill today—after all, we had two Report stages and Third Readings beforehand. However, the hon. Member for Christchurch (Mr Chope) was kind enough to talk to me and reassure me that we would indeed have the opportunity to discuss his Bill. In fact, he was kind enough even to tell me what time I would be speaking, and he was 10 minutes out. What can I say? I was here in decent time and I am grateful.

[Mr Nuttall]

Was that 10 minutes early or 10 minutes late? Should I have extended my remarks?

[Lyn Brown]

It is always a pleasure to listen to the hon. Gentleman. An extra 10 minutes would have taken me to the time that the hon. Member for Christchurch told me I would start.

[Mr Nuttall]

I was cut short!

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

By himself.

[Lyn Brown]

Illegal immigration is an extremely important issue. On the face of it, this Bill is about discouraging illegal immigration by implementing tougher sanctions against illegal migrants. Regardless of the rights and wrongs of the case made by hon. Members this morning, I do not think the Bill will actually work. I say it gently. The Bill would further complicate an already over-complicated immigration system. It would create yet more bureaucracy, and the hon. Member for Christchurch is normally the scourge of bureaucracy. It would create more obstacles for the authorities trying to remove people and more work for our overstretched police officers and border control people. Moreover, in many cases it would create huge disincentives for overstayers to depart from the UK voluntarily, and it would lead to inappropriate criminal prosecutions against vulnerable victims of human trafficking and modern slavery.

Before I go on to talk about the Bill, I want to say for the record that I believe that immigration has greatly benefited the UK. I know how much immigration has contributed positively in my constituency to our cultural and economic vibrancy. As someone who relies on the NHS, like everybody in this Chamber, I am so grateful for the immigrant doctors, nurses and healthcare workers who have treated me so well over the past couple of years and without whom we simply would not have an NHS.

[Sir Edward Leigh]

Of course, the hon. Lady is not in any way defending illegal immigration or saying that it has a benefit.

--- Later in debate ---

[Lyn Brown]

I certainly am not.

It is a fundamental British value to recognise the needs of those fleeing war and persecution. I believe that the UK should take more refugees fleeing the horrendous war in Syria, especially the children who are so vulnerable and are experiencing conditions that most of us cannot even imagine.

Having said that, I will start with the central premise of the case the hon. Member for Christchurch put for presenting the Bill: the idea that illegal immigrants can be in the UK with impunity. I say gently that I genuinely do not believe that his argument holds up. For a start, there are a whole number of criminal offences relating to illegal immigration. It is worth mentioning a few of the existing offences: entering without leave, obtaining leave by deception, remaining beyond the time limited by leave, failing to observe a condition of leave, assisting unlawful immigration, facilitating entry for gain, assisting entry in breach of a deportation or exclusion order, sham marriages and identity document offences. There are a whole bunch of others, but I did not have an awful lot of time between the publication of the Bill and preparing my notes for today, so I hope he will allow me to stop there.

I do not think that we have heard an example today that does not fall within one of those offences. Even if the hon. Gentleman did manage to find someone who had voluntarily and purposefully entered the UK illegally or overstayed illegally, but did not qualify for one of those offences, I say gently that it would not mean that they were able to stay in the UK with impunity. I think I should clarify what I mean by that. For me, impunity implies an ability to act without facing punishment or detrimental consequences. Just because an action does not result in a criminal sanction does not mean that it can be done with impunity.

[Sir Edward Leigh]

If the law is adequate and we do not need an extra law, why was the chap who walked through the channel tunnel to arrive in Dover not sent straight back to France after the initial arrest? He was not even prosecuted and was allowed to remain here. If the law is adequate, why could we not arrest this chap and, ultimately, deport him?

[Lyn Brown]

I say to the hon. Gentleman that the laws are there. It is the way in which they are used and implemented that is in question. I genuinely do not have enough facts about the circumstances of that case to offer an opinion, but I am sure the Minister will be able to do that for him.

Those who are in the UK illegally do face a sanction: deportation. For those who are desperate to be in the UK, the threat of deportation is a massive threat that hangs over their heads and the heads of their children every day of their lives. In reality, the Bill would not alter the incentives for those who are considering entering or remaining in the UK illegally.

I say gently to the hon. Member for Christchurch, whom I genuinely like, that at best the Bill would be superfluous. However, I think it might also be harmful, as it would distract from the efforts the authorities are already making in respect of immigration. The more we look at the contents of the Bill, the more apparent it becomes that it would add additional processes and unwelcome bureaucracy—an outcome that I do not think would be welcomed by the hon. Gentleman, given his record as a champion of cutting bureaucracy.

I am sure that it is not intentional, but one thing that I can commend the Bill for is its brevity. There are three simple clauses. It has a simplicity that I really wish existed in the immigration system. As any MP who has dealt with immigration casework knows, the immigration system is not simple.

What we end up with is a Bill that would not fix the problem. It would criminalise everyone who does not receive a positive decision that gives them legal authority to be in the UK, but that ain’t how the immigration system works. Numerous people in the UK are awaiting an immigration decision. Those people do not have legal authority to be here, as defined by the Bill. For example, a student might fall in love—it is only just past Valentine’s day—get married and apply for a spousal visa. That can take months. During that time, the Bill would criminalise her. Alternatively, an asylum seeker might appeal against a refusal of leave to remain. There is a very high level of successful appeals—I think it is roughly 30%—so the Bill would catch out fairly large numbers of people. As drafted, the Bill has complete disregard for due legal process.

Another major flaw in the proposed legislation is that it creates an offence of strict liability: that is, there is no excuse for being here illegally. Even if a person had good reason to believe that they had a right to be in the UK or had no choice about being in the UK, they would still be committing an offence. Take, for example, a family on holiday whose flight departs the day before their visa expires. If their flight was delayed because of bad weather—we know that these delays can be protracted; just think of Iceland’s exploding volcano—the family would be in the UK illegally. They would, if the Bill were enacted, be committing a criminal offence and there would be no defence open to them under the proposed legislation.

A similar situation could occur with a high-flying City lawyer—the type of person all of us believe we should be attracting to the UK. [Interruption.] I am speaking for myself! Let us imagine that this American lawyer was working for a UK magic circle firm and their employer was responsible for renewing their visa, but forgot to do so. When the lawyer tried to return to the UK from a business meeting in Amsterdam—I am citing a real case—it transpired that they had been in the UK illegally. The Bill would provide no excuse for that person. They would have committed a criminal offence.

In some cases, the prosecution would actively detract from efforts to deport an illegal immigrant or an illegal overstayer. Hundreds of failed asylum seekers return voluntarily every year, either because they have become fed up of living in the shadows in Britain or because the situation in their home country has improved and they are desperate to return home to be reunited with friends and family, and to live in a familiar culture. The Bill would discourage such people from doing so, because it would mean that they faced prosecution.

Finally, I turn to a type of prosecution that would be highly inappropriate: the prosecution of human trafficking victims who are brought to the UK against their wishes. Every year, thousands of people are brought to the UK and exploited for a whole number of reasons. I will talk about one case that came to my surgery. It is the case of a woman who entered the country illegally to be married to a man she had met only a few times. The marriage did not go well. She was beaten and regularly abused. Humiliated and fearing for her life, she ran. She ran to the people in her own community and thought that they would protect her, but they did not. They let her husband know where she was and he came for her, dragged her on to a plane and took her back to her village and her parents.

The woman’s parents tethered her, like a goat, outside the home. She was there for three nights with nothing to eat or drink. Children from the village sneaked her water. Her family were discussing what to do with her. They wanted to kill her, because she had brought dishonour to the community. The head of the village intervened. He brought a man to talk to her father. That man persuaded her family to let him take her away. She regards him as her saviour, which perhaps in a way he was. He saved her life, he brought her back to the UK, and he found floors for her to sleep on, and mattresses in the corner of factories that his friends owned. They gave her food and drink, and in return and in gratitude for the shelter, she worked in their factories across the country for more than a decade. She did not come to my surgery because she thought she was a victim of violence or modern-day slavery; she came because she was worried that she would be deported back to her family to be slain. She would be criminalised by this Bill.

One key threat that traffickers use to control their victims is that the police will arrest them. I have heard of pimps who dress up as police officers to rape the women whom they coerce, and of stories told to Vietnamese children who have been trafficked to the UK to work on cannabis farms, that the police are out to get them. If the Bill came into force, the traffickers would be right, and the police would be obliged to arrest and prosecute those children. Regardless of whether an individual is a child or a trafficking victim, under the Bill they would be committing an offence. In all such cases, criminal prosecution adds nothing to the desired outcome of reducing illegal immigration, about which there is a real issue.

Under this Government—the Government who all those sponsoring the Bill support—we have seen big cuts to the police and Border Force. More illegal immigrants have absconded, and fewer have been deported while the backlog of information on cases is not being pursued. Under this Government the number of illegal overstayers passed the 300,000 mark. The House of Commons Library—bless ’em—has worked on those figures for me because I asked for them yesterday. It tells me that, as of December 2015, the figure of overstayers and illegal immigrants in the country is 217,000. We need a Bill that will properly resource the UK Visas and Immigration service so that it gets through the backlog of unresolved cases.

[Mrs Sheryll Murray]

The hon. Lady has just quoted those figures, but earlier she mentioned various scenarios where someone could be in this country but not through their own fault. Do those figures include people who are overstayers although that was not their intention?

[Lyn Brown]

I think I am right in saying that given the nature of criminal gangs that traffick people in and out of this country, we do not know how many such people there are. I can only provide the official figures that the House of Commons Library gleaned from Home Office official publications. I have nothing else at my disposal.

I say to my friends in Friday sittings that we need a Bill that backs Labour’s call for greater enforcement and tougher punishment for employers who employ illegal immigrants and pay their staff way below the minimum wage. We need a Bill that bans recruitment agencies that exclusively advertise jobs abroad, and a Bill that makes it an offence to exploit immigrant workers and undercut British workers. If the hon. Gentlemen who entertain me and exercise my grey cells on Friday mornings are looking for guidance on how those policies might work, I suggest that they follow the lead of the Prime Minister and have a go at reading Labour’s manifesto.

Oral Answers to Questions

Lyn Brown Excerpts

Wednesday 14th March 2012 Commons Chamber

[Lyn Brown (West Ham) (Lab)]

4. What proportion of his Department’s budget support was spent on projects promoting women’s rights and empowerment in the last year for which figures are available.

[The Minister of State, Department for International Development (Mr Alan Duncan)]

In DFID, we put girls and women at the heart of everything we do. DFID’s strategic vision for girls and women, launched last March, sets out four priority areas for greater action in all its 28 country programmes. It is not, however, possible to calculate the precise proportion of our budget that is spent on that.

[Lyn Brown]

I am grateful for that reply. Given President Karzai’s support for the ulema council’s statement, which classified women as “secondary”, what representations have the UK Government made to him on this issue? What projects are the Department developing specifically to promote Afghan women’s social and political rights, and participation?

[Mr Duncan]

Supporting girls and women is an integral part of the UK’s work in Afghanistan. We support initiatives to increase girls’ education and access to finance, and to increase women’s participation in governance. For example, we fund the gender unit in Afghanistan’s independent electoral commission.

Food Security and Famine Prevention (Africa)

Lyn Brown Excerpts

Thursday 15th September 2011 Commons Chamber

[Mr Mitchell]

I can vigorously reassure the right hon. Lady that that is the case. One cannot begin to understand development unless one realises the importance of putting children and women right at the centre of everything one does.

[Lyn Brown (West Ham) (Lab)]

The population of Ethiopia has grown fourfold in the past 50 years. The populations of Somalia and Kenya have grown threefold and fivefold respectively. Between one quarter and one third of the married women in that region would like to avoid or delay pregnancy. I understand that there are an estimated 76 million unwanted births a year. Will access to modern contraception be part of the Government’s plan?

[Mr Mitchell]

It absolutely is. I wrote to the hon. Lady about that in June. She is entirely right: it is outrageous that less than 25% of women in sub-Saharan Africa have access to contraception. A prime part of the Government’s development policy is to try to ensure that up to 10 million couples who currently do not have access to contraception get it.

I was talking about the importance of food security and of people being able to feed themselves. At the end of last week, I visited an extremely important project, run by Britain and the World Food Programme, that seeks to build food security in Karamoja in northern Uganda. It encapsulates the old proverb, “Give a man a fish and he will eat for a day; teach him to fish and he will be able to feed himself.” We are engaged in a project that hitherto has spent £28 per person on securing food aid. Over the next three years we will spend £33 per person. As I saw for myself, that food security is developing well. In 2009 more than 1 million people in Karamoja were receiving food aid and the region was suffering from deep food insecurity, but by the end of this year we believe the figure will be below 140,000.

In looking at that programme we saw all the things that need to happen, as my right hon. Friend the Member for Gordon knows so well. We saw effective irrigation, the harvesting of water through reservoirs, families growing food for themselves and market traders turning up on the sites where that food is being grown and buying the surplus. We saw feeder roads developing and warehouses springing up, which is very important. That is the way ahead to ensure that deep food insecurity is tackled. That is what we have been doing in Ethiopia, and the approach has helped to ensure that Ethiopia, Kenya and Uganda are not now experiencing famine.

Oral Answers to Questions

Lyn Brown Excerpts

Wednesday 13th July 2011 Commons Chamber

[Mr Mitchell]

My hon. Friend will have had a chance to read the detailed plan that has been set out. Britain is committed, over the next five years, to ensuring that the prevalence of malaria in the most affected countries is reduced by 50%. We believe that tackling malaria, which kills so many children needlessly every day, should be towards the top of our list of initiatives.

[Lyn Brown (West Ham) (Lab)]

T2. I was privileged to be part of a delegation that visited the Democratic Republic of the Congo and monitored the last election there and I was really moved when I talked to women there about their experiences of rape and sexual violence. I would be very grateful if the Secretary of State would tell me what support he is managing to offer to Margot Wallstrom, the UN Secretary-General’s special envoy on sexual violence in conflict.

[Mr Mitchell]

The hon. Lady is absolutely right. The tackling of sexual violence and violence against women is now embedded in all our bilateral programmes. In the DRC, the International Rescue Committee is doing outstanding work on this specific agenda, as I hope she will have seen during her visit. She has our commitment that the coalition Government have always said that putting girls and women at the forefront of our international development efforts is essential.