TOEIC Visa Cancellations

Lyn Brown Excerpts
Tuesday 4th September 2018

(6 years, 2 months ago)

Westminster Hall
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Wes Streeting Portrait Wes Streeting
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I am grateful for that intervention. There is some complexity—as I acknowledged, there is no doubt whatsoever that some cheating took place, which is clearly serious—but we must distinguish, and allow students to distinguish, between those who committed genuine wrongdoing and who deserve to be punished, and those who have been caught up in a scandal not of their making. That is the distinction I wish to draw in the debate, which the Home Office has failed to do. In the vast majority of cases, students were told that they had no right to appeal in the UK and that they should leave the country.

The experiences of students whose test results were deemed invalid by ETS varied considerably depending on when the Home Office took action and where those students were at the time. The hideous complexity I have alluded to is thrown into sharp relief by an excellent briefing by the National Union of Students, with the support of Bindmans. In some cases, it appears that the Home Office directed further and higher education institutions to withdraw students from their course of study and told students that they had 60 days to find a new sponsoring institution or to leave the country. Of course, having effectively been blacklisted by ETS and the Government, they invariably failed to do so. By handling cases in this way, the Home Office placed students outside the usual immigration processes without the right to appeal either in country or out of country.

That approach was found to be unlawful by the upper tribunal in the case of Mohibullah. The Minister should tell the House how many students fell into that category and what steps the Home Office has taken in light of the judgment in that case to contact other students who were similarly mistreated and, most importantly, to reassure the House that such an attempt to circumvent properly agreed immigration processes will never happen again.

Students who were outside the UK at the time of Home Office action, who received notices informing them of the allegations against them upon their return to the UK prior to 6 April 2015, were served with notices at airports and prevented from resuming their studies pending their appeal from within the UK. In some cases, students were subjected to interview and detention. For many students, that led to the end of their studies. However, the NUS,

“understands that in each and every case won by a student the Home Office appealed the outcome”.

The NUS also asserts that, where the appeals process led to a successful outcome for students,

“the Home Office has been slow to provide a remedy”

to the student concerned, effectively leaving them in “limbo”.

Is that right? Did the Home Office really drag every single case in this category through the upper tribunal and onward to the court of appeal? Perhaps the Minister can tell us how many cases we are talking about, how many appeals were successful and how much this lengthy process has cost the taxpayer. It is only reasonable to ask how long it takes, following the successful conclusion of an appeal, for the Home Office to ensure that successful appellants are given the right to remain in the UK.

For students who were in the UK at the time of Home Office action, their right to appeal varied according to when the action took place. From 6 April 2015, students were subjected to rules under the Immigration Act 2014, which removed the right to appeal, with only limited exceptions for human rights arguments deemed worthy by the Home Office. Prior to 6 April 2015, students were served with section 10 notices under the Immigration and Asylum Act 1999. Effectively branded cheats by Her Majesty’s Government, they were told to leave the UK immediately, and that they could only appeal from their country of origin. The students took their fight for an in-country appeal to the courts. In the case of Ahsan v. Secretary of State for the Home Department, the Court of Appeal ruled in favour of students’ right to appeal in the UK, finding that an out-of-country appeal was an inadequate legal remedy.

How much did that cost the taxpayer? How much of the UK taxpayer’s money has the Home Office wasted in trying to stop students gaining proper access to the appeal to which they are entitled? Schools in my constituency are sending begging letters to parents to meet the cost of basic materials. I have countless examples of people having to fight tooth and nail to get social care for their elderly parents. I have community policing that only exists on paper and in the speeches of politicians because the Home Office has cut police budgets; but apparently the Home Office has a bottomless pit when it comes to dragging international students through lengthy, costly and pointless legal action.

In response to a written parliamentary question from my right hon. Friend the Member for Leicester East (Keith Vaz), the Minister’s predecessor, the right hon. Member for Great Yarmouth (Brandon Lewis), claimed that he was unable to tell the House how much public money has been spent on court fees involving TOEIC cases,

“because Home Office data systems are unable to disaggregate costs”.

That tells us quite a lot about cost control and value for money deliberations in the Home Office. Ministers should know how much this has cost, and they should be accountable to taxpayers for it.

What we have seen through those cases has made it clear before the courts and tribunals that innocent students have been wrongly caught up in a scandal that was not of their making. I am enormously grateful to Garden Court Chambers for the thorough briefing it provided to hon. Members in advance of this debate, to give us some examples. When the scandal was exposed by “Panorama”, the Home Office’s response was to delegate the identification of those who used a proxy to ETS. The very organisation that had failed to properly oversee the test centres—the organisation the Government had deemed unworthy of Government accreditation—was none the less entirely trusted, it seems, to oversee this process.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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You can see the logic.

Wes Streeting Portrait Wes Streeting
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Absolutely; it beggars belief. But do not worry, folks, because the Home Office ensured that two senior officials had oversight of the process. That was hugely reassuring—until, of course, those same Home Office officials responsible for supervising the process gave evidence before the president of the immigration tribunal, a senior High Court judge. His criticism was remarkable, and I am sure the House will indulge me while I read what he said in the course of judging that case. I will not name the officials, because they do not have the right to reply. The shambolic mess of the Home Office tells us that it is probably not their individual responsibility, and the judge said in the case of both those senior officials that they gave truthful evidence.

However, the judge also said that,

“this neither counterbalances nor diminishes the shortcomings in their testimony.”

He said:

“Neither witness has any qualifications or expertise, vocational or otherwise, in the scientific subject matter of these appeals, namely voice recognition technology and techniques…In making its decisions in individual cases, the Home Office was entirely dependent on the information provided by ETS. At a later stage viz from around June 2014 this dependency extended to what was reported by its delegation which went to the United States…ETS was the sole arbiter of the information disclosed and assertions made to the delegation. For its part, the delegation—unsurprisingly, given its lack of expertise—”

this is what the judge said—

“and indeed, the entirety of the Secretary of State’s officials and decision makers accepted uncritically everything reported by ETS.”

This is absolute amateur hour at the Home Office. How on earth, in a case of this nature, involving fraud and electronic tests, would someone at the Home Office—probably paid a significant amount of money at our expense—ensure that there was adequate expertise to properly judge, in life-changing decisions about individuals, whether the evidence presented was enough to deny them their right to study in the UK? It is outrageous; coupled with the fact that these people have in many cases been deported on the basis of this flimsy evidence, it is disgraceful. The whole process was also subjected to stinging criticisms by three independent experts, who gave evidence to the tribunal—again, before a senior High Court judge.

In evidence to the Home Affairs Committee, one of those experts, summarising the report of the three, said:

“We agreed that in any one testing session there could be a mix of genuine applicants and those who were paying for fraudulent results.”

He also said:

“It seems reasonable to conclude that the ‘ETS lists’ are not a reliable indicator of whether or not a student…cheated.”

Patrick Lewis, an immigration barrister with Garden Court Chambers, told the Financial Times:

“The highly questionable quality of the evidence upon which these accusations have been based and the lack of any effective judicial oversight have given rise to some of the greatest injustices”,

that he had,

“encountered in over 20 years of practice”.

In the case of one of my own constituents I have seen this gross injustice for myself. He is one of the students whose test results were deemed invalid by ETS. He had to fight tooth and nail to get basic details of the allegations against him. When he requested the audio clip that had been used to brand him a cheat, it was discovered that there were two tests associated with him—two tests, involving my constituent, that are meant to have taken place at precisely the same time. This student came to the UK having already completed the highly respected International English Language Testing System test with the British Council, yet we are supposed to believe that he felt it necessary to cheat his way through the TOEIC test.

The decision has thrown his life into chaos, which is how I arrived on this issue. He is unable to complete his studies and get on with his life. His mental health has suffered. He is worried about his reputation back home, fearful that he will be considered a cheat because that is what the British Government has determined on the basis of this shambolic process. The irony is that the reputations of innocent international students are in tatters because around the world the United Kingdom is respected as a beacon of democracy and the rule of law, but what we see here is an affront to the principles of natural justice, with innocent students removed from our country without first giving them an opportunity to respond to the allegations against them. It is a disgrace. It should never have happened. There should be not only a fulsome apology, but immediate action to put this right. The family, friends and community back home of my constituent should be in no doubt about his innocence. I have no doubt about his innocence, and if our Government think otherwise they should meet the burden of proof and demonstrate his guilt.

My constituent is not alone. A Migrant Voice report reveals just how devastating this scandal has been to the lives of the international students caught up in all this, and we have heard them speak here in this very Parliament. They came to the UK, at considerable cost to themselves and their families, with the hope of experiencing a good education in a country renowned for its world-class universities. They have been robbed of that opportunity. They have been denied access to work, spent all their savings, relied on handouts from their family and friends and racked up debts in the battle to clear their name in a David v. Goliath contest, with poor old David cobbling together what he can to fund his legal action and Goliath funded by the taxpayer to unnecessarily drag these students through the courts. They have lost their right to rent. Their relationships have been placed under considerable strain. They have suffered mental ill health, heart troubles, hyperthyroidism and other stress-related conditions. All they want is the chance to clear their name, complete their studies and get on with their life and career.

Universities UK today published an excellent report about the importance of the contribution that international students make to the UK, not just to the economy but to our culture, enriching the educational experience of everyone at our world-class universities. I wholly endorse what Universities UK says about making it easier for students who come to this country to gain work experience after they graduate. However, how can we possibly expect the Government to take up such sensible recommendations when they treat students who are already here in such a disgraceful way? Universities across the world—in North America and Australia—are going hell for leather to grab the UK’s coveted place in the international student market and the Home Office is allowing them to run riot, diminishing our standing in the world and our ability to attract the very best students.

The Home Office and ETS—the grubby contractor at the centre of this scandal—have serious questions to answer about their conduct in all this. It is clear that the Home Office is persisting with creating a hostile environment for international students, hoping that, by dragging it out for as long as possible, it will cause students to simply give up and go home. The judicial criticism of senior civil servants’ and the Home Office’s approach should be a source of professional embarrassment for everyone involved; it is a global embarrassment to our country.

Prior to the summer, my right hon. Friend the Member for East Ham asked the Minister, and then the Home Secretary, to ensure that students whose visas were cancelled for allegedly cheating in the TOEIC test be allowed to sit a new test to resume their studies. On both occasions he was informed that that was being carefully considered, and that advice was being sought.

In closing, I offer some advice. We are now four years on from the “Panorama” investigation, and the Government have had long enough. Let these students sit their tests. Let them clear their names. Let them get on with their lives.

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Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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It is good to be back here and speaking under your chairmanship, Mr Bailey. I hope hon. Members and all members of staff have had a fabulous holiday and have come back rested. I congratulate my hon. Friend the Member for Ilford North (Wes Streeting) on securing this debate. I echo his words about my right hon. Friend the Member for East Ham (Stephen Timms) and his valuable work on this campaign. I also pay tribute to Migrant Voice and, above all, those who have bravely spoken out about their experiences at the hands of the Home Office.

When the BBC aired the “Panorama” exposé about the test of English for international communication, the Home Office responded severely. It cancelled or refused visas for over 40,000 people in 2014 and 2015 alone. In a display of extraordinary cold bureaucracy—nowhere near natural justice—it prevented many of those students from appealing the decisions. Applicants were simply told that their claims were clearly unfounded. Cases were rushed through. The burden of proof fell on the defendants. The Home Office has admitted that much of the evidence against the students was “shaky”. These cases should have been reopened but were not. Like other hon. Members, I have been contacted again and again by constituents who have suffered utter humiliation because of this scandal. I want to give voice to a couple of those constituents’ stories today.

One man—I will call him Mr M—arrived in the UK in 2009. He undertook the International English Language Testing System exam before coming to the country, on which he scored a grade 6, which is defined as competent use of English. Mr M completed his undergraduate degree in business at the University of Sunderland and was pursuing his masters degree when he was summoned by the head of the business school about the TOEIC allegations. He undertook a 45-minute interview with the head of the business school along with his student manager. They bizarrely concluded that his level of English was proficient—who would have thought it! They left him to continue his degree.

Despite that, later that year, Mr M had his visa revoked by the Home Office on the basis of alleged cheating in the TOEIC test. As a result, he suspended his studies. In the years since he has repeatedly tried to appeal the allegations against him without success. The university has claimed the rest of his tuition fees, though he is not yet permitted to study there. He has spent his parents’ money as well as his own fighting legal battles and is now dependent on his uncle to support him. He has no right to rent or to work. He has told me that he has considered suicide. Four years of this young life have been wasted fighting a complicated and damaging legal battle over a one-year course—it is a travesty.

Another constituent of mine—I will call him Mr S—has a similar story. He came to study in 2009. He completed an undergraduate and a masters degree in business, the latter from a college of the University of Wales. In 2014, Mr S’s student visa was extended to permit him to specialise through postgraduate studies in business skills for the social care sector at the London School of Technology. In 2015, without any warning, the Home Office cancelled his leave to remain, on allegations of cheating in his TOEIC exam. Like Mr M, he struggled to appeal the decision, spending £20,000 over three years, slowly building up debts to family and friends all the while. For the last few years, he has attended the reporting centre every fortnight where he says he feels like a criminal. His relations with his family back home have been severely tested. They believe he won his degree through dishonesty. “Above all,” he says:

“I want our dignity back.”

Who can blame him? In both cases my constituents told me that they are yet to see a single shred of evidence against them.

Probably the most upsetting story I have heard so far is from a constituent who had completed his studies and was living with his British wife and child. They met while he was studying. He has been in the UK for almost 11 years. When the TOEIC revelations emerged, he was asked to sit a different test. After successfully completing a language test called English for Speakers of Other Languages—ESOL—his visa application was accepted. Despite that, one day he was dragged from his bed at 6 am. He was not given a chance to say goodbye to his wife and was detained for several days, unable to contact her. The Home Office justified this treatment on the basis that he had obtained his leave to remain through “deception”. His right to work has been suspended, he is speeding towards bankruptcy and he certainly has not got the money to pay for more proceedings. Like the others, he has had to borrow thousands of pounds from friends to pay legal fees. He now lives in constant fear of a knock on the door.

I could go on—I have a number of cases—but time is short. I am not the first to compare the dreadful mishandling of the TOEIC cases to the scandalous mistreatment of the Windrush generation. There are differences, but in both cases people have been separated from their families, detained and deported, their assets are stripped away and their sources of income removed. Some become homeless. In both cases, the blame falls squarely on the shoulders of the Home Office. Our constituents undertook tests run by the Educational Testing Service, a body approved and licenced by the Home Office. They should not be punished for doing something like that. It is shameful and unacceptable that this is going on.

My constituents and all of those affected by this treatment need to be retested fairly. At the very least they deserve an apology. This is an issue of justice and it is crucial for universities, our exports and our economy. International student numbers are now growing far faster in the US, Canada and Australia than here. It is easy see why. This is about our international reputation, how we are seen and how we see ourselves. The Home Secretary has been hesitant to express his support for migration targets. I hope that that shows us that change is coming.

Moving on by treating each group as an exception will not do. First Windrush, now TOEIC. Who is next? I have spoken before about trust. This Government’s hostile environment has destroyed trust for so many, especially in constituencies such as mine, where we are blessed with diverse communities, where our lives have been repeatedly enriched by migration. The Confederation of British Industry has recommended abolishing migration targets after Brexit, but this is about more than just business. It is about our fundamental values and justice.

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Caroline Nokes Portrait Caroline Nokes
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Unfortunately, I cannot provide a live update on criminal investigations, but I will write to the hon. Gentleman providing him with that information.

The majority of individuals linked to the fraud were sponsored by private colleges, not universities, many of which the Home Office had significant concerns about well before “Panorama”. Indeed, 400 colleges that had sponsored students linked to ETS had already had their licences revoked prior to 2014. ETS had its own licence to provide tests within the UK suspended in February 2014. That licence expired in April of the same year and ETS was removed from the immigration rules on 1 July 2014. Approximately 20% of the tests taken in the UK were provided by ETS prior to its suspension in February 2014.

Over the course of 2014, as we have heard, ETS systematically analysed all the tests taken in the UK dating back to 2011—some 58,458 tests. Analysis of the results identified 33,725 invalid results and 22,694 questionable results. People who used invalid ETS test certificates to obtain immigration leave have had action taken against them. Those with questionable results—more than 22,000 individuals—were given the chance to resit a test or attend an interview before any action was taken.

In appeals, we have sought to provide sufficient evidence to discharge the evidential burden of establishing that fraud was used to obtain a certificate from ETS. The courts have consistently found in our favour that our evidence for invalid cases is enough to act on and creates a reasonable suspicion of fraud. It is then for individuals, through either appeals or judicial reviews, to address that.

Before addressing some of the specific points raised, I add that the issues covered in today’s debate have been looked into very thoroughly by the Home Affairs Committee, which ran an inquiry in 2016. During that inquiry, Ministers and officials from the Home Office answered well over 100 specific questions, and those answers are still detailed on the Committee’s website.

Where we have made removal decisions against those with invalid certificates, we have ensured that any appeal against the decision is properly exercised after removal from the UK. Under the appeals regime that was in place in 2014, many of those who we believed to have committed fraud were given an out-of-country appeal. That had been the position since 2003. As a result of the Immigration Act 2014, there is now a right of appeal only where claims raising asylum, humanitarian protection or human rights issues are refused.

Lyn Brown Portrait Lyn Brown
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I have time for the Minister—I often find her speeches considered and reasonable—but I am struggling with what she is saying here. We know that there is a problem, and she is defending, it seems to me, taking people’s liberty away and threatening them with deportation, despite the fact that we know there is a problem with the process. I really want to hear an apology from her, and some understanding of just how unfair, unreasonable and unjust this has been.

Caroline Nokes Portrait Caroline Nokes
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I am moving on to some additional comments, but we have heard today repeatedly the use of the word “deportation”. Those who have followed this matter carefully will know that deportation happens only to foreign national offenders. Those who have been subject to removals have been removed from the country, not deported. There is a very clear difference between those two scenarios that the hon. Member for West Ham (Lyn Brown) may not agree with, but it happens to be a fact.

The action that the Home Office took was based on information from ETS, but it is incorrect to suggest that we relied exclusively and unquestioningly on the material that it provided. Yes, a senior delegation from the Home Office visited the USA in order to obtain a thorough understanding of the process, but following that, and fully considering the seriousness of the issues for the individuals concerned, we commissioned a further independent expert report from Professor Peter French, chairman of J P French Associates, the forensic speech and acoustics laboratory, and professor of forensic speech science at the University of York, into the reliability of the evidence.

That report, unlike the report produced as part of earlier legal proceedings and quoted extensively in recent coverage of ETS issues, was produced with the benefit of additional evidence about the specific systems that it used to verify matches. With the benefit of more information, Professor French specifically concluded that findings that the previous expert made around high error rates in other models are not

“transferable to the ETS testing”

and that the number of false matches would in fact be very small. He concluded that the triple-lock approach that ETS took was much more likely to give people the benefit of the doubt than falsely flag people as having cheated. The courts, at every level up to the Court of Appeal, have consistently said that that standard of evidence is sufficient to justify making an accusation of fraud. It is then up to an individual to establish an innocent explanation for their involvement, and they can challenge the finding, where applicable, through a judicial review.

A number of Members mentioned the case of Ahsan and out-of-country rights of appeal. That case was indeed heard at the Court of Appeal last year, but did not look at the evidence that the Home Office had relied on to establish that fraud had taken place. The narrow issue that the Court looked at in the Ahsan case was whether an out-of-country appeal would be an effective remedy to the accusation of fraud. It concluded that, in such cases where there was no mechanism for the individual to give oral evidence, that was unlikely to be the case.

Since then, the Home Office has put in place practical arrangements, including video conference links from overseas, to enable appellants to give live evidence at their appeal. Those overseas with outstanding appeals can apply to the tribunal that is hearing their appeal to indicate if they wish to give live evidence. It will then be for the tribunal to decide whether the arrangements that the Home Office can put in place are sufficient or whether it is necessary for the individual to return to the UK.

Offensive Weapons Bill

Lyn Brown Excerpts
2nd reading: House of Commons & Money resolution: House of Commons
Wednesday 27th June 2018

(6 years, 4 months ago)

Commons Chamber
Read Full debate Offensive Weapons Act 2019 View all Offensive Weapons Act 2019 Debates Read Hansard Text Read Debate Ministerial Extracts
Sajid Javid Portrait Sajid Javid
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My hon. Friend has raised the death of Jordan Douherty, which tragically occurred this weekend following a knife attack, and I am glad that he has made that important point. While the Bill can achieve a few things—we have talked about acid and knives falling into the wrong hands, for example—no Bill can by itself stop someone who is intent on taking this kind of vicious action. As he says, that requires a much more holistic approach to ensure that all aspects of government and non-Government bodies, charities and others are involved. Education is also a vital part of that, as is parenting. In some cases, there is better parenting, but there are no easy answers to any of this. He is absolutely right to suggest that we need to have a much more holistic approach. I can assure him that this is exactly why the serious violence taskforce has been created, and this is exactly the kind of work that we are trying to achieve.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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The Home Secretary will know that, tragically, we have had nine deaths related to youth violence in my constituency over the past year. I have some sympathy with what the hon. Member for Romford (Andrew Rosindell) has just said, but these things can happen to any family. The groomers out there find children from all kinds of families, and I do not want anyone watching this debate to believe that it cannot happen to them or to their children. We all need to be vigilant, and I am looking forward to the progress that the Home Secretary’s working party will make.

Sajid Javid Portrait Sajid Javid
- Hansard - - - Excerpts

I thank the hon. Lady for her comments. She has made a vital point. Sadly, anyone can be on the receiving end of this violence. Tragically, we see that in the UK every year, but we all recognise that there has been a significant increase this year, and we need to work together to combat that. Anyone can be a victim.

Finally, I want to turn to an issue that we seem to have discussed in some detail already: the measure on firearms. The Bill will prohibit certain powerful firearms including high-energy rifles and rapid-firing rifles. As we have heard, hon. Members on both sides of the House have different views on this. While preparing the Bill, we have listened to evidence from security, police and other experts, but I am more than happy to listen to hon. Members from both sides, to take their views into account and to work with them to ensure that we do much more to bring about increased public safety.

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Philip Davies Portrait Philip Davies (Shipley) (Con)
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This is a substantial Bill that has been published only relatively recently. After today’s debate, I shall continue to look into some of the points that have been raised with me about the Bill, as clearly some need further investigation, particularly those in relation to guns, as we have heard from some of my hon. Friends.

There is clearly a problem with violent crime, knife crime and the horrific acid attacks that we have all heard about. There are many things that I would like to see us do to curb those terrible crimes. The shadow Minister knows that I totally agree with her about police numbers. That would be a good place to start. We could also stop releasing prisoners automatically halfway through their sentences, and then giving them scandalous 28-day fixed-term recalls when they reoffend. We could stop faffing around and interfering with the police on stop and search and let the police get on with their job. We could also ensure that much tougher sentences are handed down by our courts in the first place to persistent and serious offenders.

This Bill is clearly the Government’s attempt to do something. I just hope, as I do with all Bills, that there are no unintended consequences. One thing that strikes me as a possible example of that is the intention to prevent online and remote retailers being able to deliver knives to residential premises. That means that people will have to pick up knives themselves, and in an age of increased internet shopping, this will reverse that trend, forcing the general public to collect their own knives and somehow get them home. I sincerely hope that ordinary, decent, law-abiding people do not get caught up in any possession charges for, for example, forgetting to remove the knife for a few days after purchase, and finding that they have no legal, lawful authority to be in possession of the blade.

The present situation is that if the knife is being delivered, it goes from the shop or warehouse straight to someone’s home, so this is currently not an issue in these circumstances. Conversely, it also seems to me to be a very handy possible excuse for someone caught in possession of a blade: a person just needs to buy a knife every day, and if they ever get stopped they can say that they have just bought it, as they could not buy it online, and then, presumably, they have a legal defence for carrying it.

Knives are very difficult to control, because they are everywhere. How many knives are in each and every household? That will not change. Knives will always be very accessible indeed. There is not really any need for anyone under the age of 18 to buy an average knife, as they will already easily be able to get hold of one if they so wish. What we can and must do is crack down on those who think that it is a good idea to carry them around with a view to using them in an attack, or defending themselves from an attack. On this point, I have some rare praise for the knife crime sentencing guidelines, which, as I understand it, have been amended recently and will increase the starting point for possession of a blade to about six months’ custody.

Bearing that in mind, the sentences proposed in the Bill for actions that are currently perfectly legal—in relation to traders for non-compliance after this Bill becomes law—also range up to 51 weeks. Although I appreciate that that is a maximum, I am not sure that these offences are in anything like the same league. Perhaps more pertinently, we were told, just the other day when we were discussing the sentences for those who attack emergency service workers, that it was right that the maximum should be set at a year. Therefore, giving 51 weeks to a trader for posting a knife to a residential address and also to someone for attacking an emergency service worker does not necessarily sit well with me.

Let me turn now to threatening offences with knives and offensive weapons. I should say in passing that the House should realise that, in terms of sentencing on knives, 40% of knife possession offences attracted a prison sentence—therefore 60% did not—and 62% of offences of threatening with a knife resulted in custody. Again, many offences of threatening someone with a knife—38%—do not result in a custodial sentence. In 2016, somebody with 14 previous knife offences was still not sent to prison for committing a further knife offence.

Lyn Brown Portrait Lyn Brown
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I am listening carefully to what the hon. Gentleman is saying. I know that he will hear me when I tell him that, in my constituency and in other similar constituencies, some young people carry, unfortunately, because they are afraid. Simply brandishing a knife does not necessarily mean that that person wants to use it, or that they are anything other than terrified by the situation in which they find themselves. I am pleased that our courts are showing some discretion. I urge him to consider carefully where he is going with this.

Philip Davies Portrait Philip Davies
- Hansard - - - Excerpts

Where I am going is to make this point: somebody who had 14 previous knife offences and who was then convicted of another knife offence should be sent to prison. The hon. Lady might not agree with that—that is her prerogative—but she will find herself in a minority on that particular view.

I hope the Minister will listen carefully to my next point. Serious offences with knives and offensive weapons, not necessarily trading offensive weapons, should come within the unduly lenient sentence scheme. Perhaps that is something that could be addressed in this Bill. I also wish to support an extension of the principle that committing a subsequent similar offence means a mandatory sentence. I would like to see a sentencing escalator, which means that every time a person is recommitted for the same offence they get a higher sentence than they received the previous time.

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James Morris Portrait James Morris
- Hansard - - - Excerpts

I thank my right hon. Friend for his intervention. I totally agree—those things are not incompatible.

What we are seeing in some of our communities is not confined just to London. My constituency is just on the fringe of Birmingham, and we have seen examples of the increasing use of offensive weapons in Birmingham and other areas throughout the country. We need to be careful about exaggerating the problem. The issue has certainly arisen, but we must not exaggerate its consequences. However, we must ask some difficult questions about what leads young people, in particular, towards gangs, and what I would call the fetishisation of weapons. What is leading to that, and to this outbreak of serious violent crime, in certain parts of our communities? The Government’s serious violence strategy is quite clear that one of the drivers is drugs. It says, in particular, that increases in the dealing of crack cocaine and its supply chains are leading to gang violence. We need to be serious about addressing some of the issues of organised drug crime.

The reason why young people are turning to weapons and violence is a complex picture, and we need to face up to that complexity, notwithstanding the need for stronger sentencing. We need to look at issues around unstable family backgrounds. A lot of the kids who end up being part of gangs come from extremely unstable backgrounds.

Lyn Brown Portrait Lyn Brown
- Hansard - -

I agree with much of what the hon. Gentleman is saying, but may I warn him about the idea that unstable family backgrounds are what leads to young people being groomed? I know of a police officer who is one of two parents and has a problem with his child being groomed and taken into the county lines orbit. I really do not want parents to believe that their children will be safe because they have two parents and even go to a Catholic church on a Sunday afternoon. That does not make them safe. It does not mean that they will not be involved in gang culture at some point in the future.

James Morris Portrait James Morris
- Hansard - - - Excerpts

I accept what the hon. Lady says up to a point, although all the evidence, including the strong evidence that we see in the Government’s serious violence strategy, is that a lot of the kids—girls and boys—who end up in the sorts of situations that may lead to serious violence have come from family situations in which they have been considerably traumatised, and trauma of that nature has led to various other consequences. We cannot shy away from that.

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Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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Today I am going to address the corrosive substances provisions of the Bill and welcome the progress that has been made. Had I realised the direction that the debate was going to take, I would have sought to speak for longer and to discuss the wider concerns that have been raised today. I have been seeking a Westminster Hall debate on those wider issues, and if any other Members wanted to join me in trying to secure a debate in the dying days of this term, I would be delighted.

Last year, there were 85 attacks using corrosive substances in Newham and 468 in the whole of London. In the five years since the start of 2012, the number of acid attacks in London has increased by some 600%, and my constituency is something of a hotspot. This time last year, the fear in my constituency about acid attacks was palpable. I heard about constituents of all ages and backgrounds who were afraid to leave their homes because the perception was that these acid attacks were random. It was a crisis, and it needed a strong response from Government. I called for that, as did my right hon. Friend the Member for East Ham (Stephen Timms), and I am happy to see that many of the specific measures I called for are in the Bill.

Most importantly, the Bill takes a step forward in recognising that corrosives are just as dangerous as knives. They can do just as much harm physically and emotionally, so they should receive the same kind of legal and police response. The introduction of a clear and specific offence of possession of a corrosive substance in public should make the job of the police and the courts easier in catching and prosecuting those who carry acid as a weapon.

The ban on the sale of corrosive products to children is also very welcome. Although I accept the arguments for the age restriction of 18, I join colleagues in asking whether a higher age restriction might be appropriate. I also think that the Bill Committee should look closely at the broader issue of supply, and not just sale. Would it be better to introduce an offence of supplying a child with acid in an unsafe way, not just selling in exchange for money, which I suggested last year? It is important to get this right because some acid attacks, I am told, are revenge, punishments or even initiation rites for junior members of criminally run gangs. If an older man gives acid to a child and tells them to commit an offence or an attack, will the act of giving be covered by an offence in the Bill? Can we prosecute the man who has given the acid to the child as effectively as we would if he had taken money for it? Personally, I think that that is a higher offence than those of unwitting sale or of not taking a salesperson’s responsibilities as seriously as the law demands.

Over the past year, I have raised several concerns about online sales of corrosive products. At this time last year, people could buy 96%—I stress, 96%—concentrated sulphuric acid in large bottles from Amazon for about five quid each, with no checks. There is still a requirement for online sellers, like all sellers, to monitor suspicious purchases under the Poisons Act 1972, but the Government have failed to convince me that they can implement or enforce this online, so I welcome the ban on home deliveries of corrosive products. I think that that will take us where we need to be. I hope that it will indirectly ban these sales, because if we cannot make online sales safe, they simply have to be stopped to protect communities.

This Bill is a step forward. It will help to ensure that sellers of these products have face-to-face contact with buyers and can ask them questions. There is really no other way that the law could work. It was always a bit of a joke to suggest that online sellers could monitor suspicious purchases, and I think we got that message across in our debate before Christmas.

I hope this change will make suspicious transaction reporting more workable, but putting a greater emphasis on reporting by retailers only increases the need for proper guidance and for the Home Office to monitor and enforce the legal requirement. Retailers have to understand that there is a real chance that the Government will take action against them if they fail. In written questions, I have asked Home Office Ministers whether the Department has a programme of test purchases, but—bless them—I keep being given vague answers to my questions. I would like to hear about this issue from the Minister today, or if she wants, she could write to me about it.

Ed Davey Portrait Sir Edward Davey
- Hansard - - - Excerpts

The hon. Lady is making an excellent speech. She has done a lot of campaigning on this issue, and I congratulate her on it. The point she is making is absolutely crucial to ensure that the legislation is absolutely effective. Trading standards departments in local authorities up and down the country have been the butt of quite a lot of cuts because councils can get away with it. Unless we support trading standards departments and officers, and back the Chartered Trading Standards Institute, we will not be able to detect such crimes. We will not have the scale of test purchasing that we need to make sure that retailers are acting responsibly.

Lyn Brown Portrait Lyn Brown
- Hansard - -

I absolutely agree with the right hon. Gentleman. As so many others have gone outwith the Bill, I suggest that the Government could at the same time look at the minimum wage legislation, because that would give my constituents an awful lot of help.

The Government could have taken a different approach to the Bill. In my speech before Christmas, I argued that several corrosive substances need to be brought under greater control, including ammonia, sodium hydroxide and hydrofluoric acid, as well as sulphuric acid. I am reassured that all those substances have been included in schedule 1 as corrosive products. The list in schedule 1 is new, and does not match the lists in parts 1 to 4 of schedule 1A to the Poisons Act. The Minister could use this Bill or a statutory instrument to move more poisons or chemicals into parts 1 or 2 of schedule 1A to the Poisons Act, meaning that they would require people to have an official licence and photo ID before purchase. That would prevent us having to rely so heavily on retail staff to spot suspicious purchases, and it would restrict these chemicals to the hands of trained professionals who, I presume, will use them safely.

Sulphuric acid has now been moved into part 1 of schedule 1A to the Poisons Act, as I and others have called for. It will require people to have a licence from the end of this week, which is very welcome. My question, however, for the Minister is: why was that decision made for sulphuric acid only, not for the other chemicals I have highlighted? Why not move hydrofluoric acid into part 2 as a regulated poison? It is highly dangerous: as I said in the debate before Christmas, exposure on just 2% of the skin can kill. Why not move ammonia into part 2 as well, given that ammonia was found at 20 out of 28 crime scenes tested by the Met? Perhaps the Department has better evidence about which chemicals are being used in crimes or about those that pose a risk, but if so, I would argue that such a case needs to be made, and made transparently, during the passage of the Bill. That only leaves me to welcome the progress that this Bill represents, although I hope the Minister will agree with me that there are still some serious issues to be addressed.

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Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

I am grateful to my hon. Friend for his intervention and for his contribution. He and I have been in constant conversation about this for some time. He will forgive me for not committing to changing the Bill on the Floor of the House, but we are in listening mode. Indeed, I was in listening mode when my hon. Friend the Member for Shipley (Philip Davies) made a typically robust but thoughtful contribution, and it may be that we work together on looking into that.

Lyn Brown Portrait Lyn Brown
- Hansard - -

I urge the hon. Lady to be firm on the issue of guns and gun control. She is loquacious on being in listening mode, so will she answer my question on scheduling? She has only a couple of minutes left, and I hope she will get to it.

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

That is literally the next thing on my to-do list. The hon. Lady and the right hon. Member for East Ham (Stephen Timms) are both relentless campaigners on corrosive substances, and I have taken on board her point about adults supplying corrosive substances to children. I will look into it, and perhaps there are already laws to cover it.

The substances in schedule 1 have been included on the basis of recommendations provided by our scientific advisers at the Defence Science and Technology Laboratory, which provides science and technology advice to the Government. We have tried to ensure that Parliament can scrutinise the list, which is why it is in the Bill, but there is of course capacity to change and add to the schedule through regulation.

I am cantering through, but I am grateful for the contributions of my hon. Friend the Member for Halesowen and Rowley Regis (James Morris), who brought his mental health expertise to the Chamber and showed the complexity of the issues we face, and of the right hon. Member for East Ham—I know he is interested in banning sales to under-21s, but we do not feel we have the mechanisms to do that.

I am grateful to all colleagues who have emphasised that this is not just an urban issue but a rural issue, too. There is real intent on both sides of the House to deal with this, and I note that colleagues believe social media and internet companies should join us in our determination. That message is coming out loud and clear from this Government, and I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Offensive Weapons Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Offensive Weapons Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13 September 2018.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Kelly Tolhurst.)

Question agreed to.

Offensive Weapons Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Offensive Weapons Bill, it is expedient to authorise the payment out of money provided by Parliament of compensation in respect of surrendered weapons, firearms and ancillary equipment.—(Kelly Tolhurst.)

Question agreed to.

Immigration Rules: Paragraph 322(5)

Lyn Brown Excerpts
Wednesday 13th June 2018

(6 years, 5 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
- Hansard - -

I want to tell hon. Members about two constituents. Muhammad has lived in and contributed to the UK for 11 years. He has a master’s in architecture from Oxford Brookes. His wife is pregnant; he has a career, a home, a mortgage and a real life in the UK. The Home Office refused him indefinite leave on the basis of a minor tax error. The error was not his. Muhammad is dyslexic and does not do his own tax returns—they were submitted by a professional accountant, who made a mistake and issued an apology. Muhammad immediately paid every extra penny owed once the mistake was discovered.

Last year, Muhammad’s grandmother died. In April, his only brother died, too. He could not go to the funerals because he would not have been allowed back in the country afterwards. The baby is expected in September; he has been invoiced by the NHS for £9,000. If he does not pay that £9,000, his wife will come off the GP’s list. Muhammad’s case is not singular—far from it.

Sadeque is a senior lecturer at a university in the UK. Before that, he was at the University of Derby. He has lived and worked in the UK for seven years. Sadeque applied for indefinite leave in 2016, which was refused by the Home Office because in 2011 he made and accepted a minor error on his tax return. He repaid it in the same year. It is hardly a mark of bad character. He has been suspended from his job and soon will be forced to withdraw from his part-time master’s at Oxford University. He volunteers with Amnesty International, Save the Children and UNICEF and promotes IT skills in the Bangladeshi community. He was graduate of the year at the University of Bedfordshire in 2011. In 2012 and 2013, he was a finalist of the British Computer Society, of which he is now a fellow. In fact, he is also a fellow of the Royal Society of Arts.

Sadeque’s wife and daughter have already left the UK. His second daughter was born in Bangladesh but Sadeque has never met her. Why? Because he cannot go there; if he did, he would not be allowed to return. In Bangladesh, Sadeque was the dean of a university faculty. So why will he not just leave, when he is being so badly and disgustingly treated by our Government? That is basically what he plans to do. He has been worn down and is going, despite the pending judicial review.

It is hard to look at cases such as those of Muhammad, Sadeque and Windrush and not conclude that this Government are chasing an arbitrary immigration target, regardless of the needs of our economy—or, indeed, the NHS or any sense of decency we might still have left as a country. Frankly, the Government have to look at the reputational damage caused by this issue.

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Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

I am sorry; I only have a few minutes and I want to explain what paragraph 322(5) is for. It is for refusing applications where the evidence shows that an individual has not played by the rules. While there has been a focus on the minority of judgments that go against the Home Office, more often than not the courts have supported our refusal decisions.

Lyn Brown Portrait Lyn Brown
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Will the Minister give way?

Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

I am sorry; I simply do not have time. I have about three minutes left.

To pick an example, in May this year the upper tribunal agreed with us that an applicant’s explanation was simply “hopeless”, and noted the timing of the amendment in relation to the ILR application. Paragraph 322(5) is a long-standing provision within the immigration rules, dating back to 1994.

Lyn Brown Portrait Lyn Brown
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Will the Minister give way?

Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

I have already told the hon. Lady that I will not. Paragraph 322(5) was not introduced to support compliant environment policies, as has been suggested, as it long pre-existed those policies. It does not mean that any particular individual represents a threat to national security, but for obvious reasons we do not seek to isolate national security refusals from others.

However, I also recognise that it is not enough simply to talk about circumstances that happen more often than not. Each case is individual and must be treated on its own merits, which is why we are using this review to make sure that no one who has made an innocent mistake has been caught up in tackling the wider abuse. That is why we have had this review, which is still ongoing. The first phase is complete, and I just wanted to indicate specific numbers. There were 281 in the first phase and 1,671 in the second. While I do not wish to prejudge the final conclusions, it has been very clear that they are broadly in line with what I have said this afternoon. I will report the conclusions of the review to Parliament once it is completed. [Hon. Members: “When?”] The first phase of the review, as I indicated, is already complete. As soon as the second phase, which is a significantly higher number, is done, we will report it to Parliament and to the Home Affairs Committee, as I said.

We are aware of 427 appeals and judicial reviews in progress. Many are still outstanding, but no applicants have been successful at judicial review, and only 38 appeals have been allowed, mostly on human rights grounds. All current cases are on hold, and while it is the case the applicants’ statuses are protected, that means that those who applied before their existing leave expired can continue to work, and their other rights, to rent and to NHS services, are also unaffected.

In 50 of the cases we have considered, there has been a discrepancy in excess of £10,000 between the income claimed to HMRC and the income claimed to UKVI, and 34 of the applicants sought to amend their tax records only within the 12 months preceding the submission of an application.

It is very important that we have a rigorous review that reports when the findings are clear. However, I would like to inform Members this afternoon that we have taken a very thorough approach with this, determined to find out whether there are any genuinely wrong refusals and to put them right.

Question put and agreed to.

Resolved,

That this House has considered paragraph 322(5) of the Immigration Rules.

Serious Violence Strategy

Lyn Brown Excerpts
Tuesday 22nd May 2018

(6 years, 6 months ago)

Commons Chamber
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Ben Wallace Portrait Mr Wallace
- Hansard - - - Excerpts

Here is a good example. I visited Merseyside recently to see the work it has done on organised crime groups and county lines. A particularly nasty organised crime group was operating from one part of Merseyside and sending people up into Lancashire; a 15-year-old was sent into Lancashire to deal drugs in the Rossendale valley.

We decided to take action against that organised crime group. The local police, alongside some first-rate leadership from Merseyside council and officials in the council, set about dismantling that group. They dismantled, effectively, the café where it met; they co-ordinated with Lancashire police so they could deal with the 15-year-old who was in Rossendale; through the Proceeds of Crime Act 2002 they targeted the huge amounts of cash being used by that organised crime group; and they dismantled the whole group. We used the local authorities in both Merseyside and Lancashire and both police forces, and we used imaginative methods and the powers that POCA and other legislation have given these people to make sure we took apart the money that enabled them to operate. That crime group is no longer active, and that community has taken back control and managed to deliver a successful response.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
- Hansard - -

The Minister knows that there are difficulties in London at the moment. He is also aware that Cressida Dick has requested additional resources to deal with them. I came here today in the hope that we would have a fair and balanced debate about what we need on our streets, rather than this Punch and Judy nonsense. What he has suggested is that it is okay for nine children to have died in my local authority area because we do not have the money for the police force. May I ask him to be a bit more sensitive in the way he is dealing with this debate?

Ben Wallace Portrait Mr Wallace
- Hansard - - - Excerpts

Is the hon. Lady suggesting that I said it was okay for nine people in her constituency to die? That is the worst example of Punch and Judy and immature politics I have heard in this House for a very long time. It is fine for her to ask about resources, and it is fine for her to say that she does not think the response is correct, but she seems to suggest that a Government Minister is saying it is okay for nine people to die. Is that the measure of the debate we are going to have today from the Opposition? She insults the police, the local authority and her own constituents. The reality is that people are dying on the streets because of a whole range of issues. Tragically, people were dying on the streets long before the Tory Government or the Labour Government were here. I remember patrolling the streets where people had died, and people were not going round half the time saying that it was purely the Government’s fault. There are lots of factors involved.

One of the factors behind the rise in violent crime is the use of smartphones and encryption, where we have seen a big shift. Those networks empower people to trade drugs and to communicate in a safe space. They allow connections between groups in a way that never happened before and that makes those groups much less vulnerable to the work of the law enforcement agencies.

In the old days, if anyone wanted to import huge amounts of cocaine to this country, somebody had to go to Colombia and meet people there. They had to physically go there and order the drugs. Then they had to take the cash and launder it. In the space of about eight years, these changes have meant that no one has to do that anymore. People can sit at home and order and deal drugs, and they can launder the money almost instantaneously through Bitcoin and elsewhere. That is a real challenge for the police, and it will not be fixed purely by putting more patrols into communities. It is also about changing how policing is done and investing in upstream National Crime Agency issues—[Interruption.] The hon. Member for West Ham (Lyn Brown) is right to say that there are issues of resource, and that is why we have increased some of the resource. I am informed that £49 million more is going into the Met, and the violent crime strategy comes with some new money.

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Will Quince Portrait Will Quince (Colchester) (Con)
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It is a pleasure to follow my hon. Friend the Member for Nuneaton (Mr Jones). As I listened to his oration, I was struck by the comparison between his constituency—which, incidentally, I have never visited—and my own, and by how many shared experiences we have. It is of course also a pleasure to follow the hon. Member for Lewisham, Deptford (Vicky Foxcroft). Although I do not agree with everything that she says, she speaks with such passion and is clearly so very dedicated to this most important of issues.

I think I speak for every single Member of this House in saying that there is no question but that we want to tackle and have a passion for tackling the scourge that is knife crime and youth violence. I wish to touch on a couple of specific points in respect of the serious violence strategy. Several Members have already made the case so passionately and compellingly for why it is so important to get this right: because of the impact of knife crime, violent crime and murder on not just families but whole communities. I particularly remember the cases in recent years of two young people, Nahid Almanea and James Attfield, who were stabbed to death in my constituency. They were horrific murders that really shook and affected the entire community.

I am going to focus on young people and children. Why? Because, in too many cases, children and young people are not just the victims of knife crime and youth violence but, tragically, the perpetrators, too. This problem is not unique to London and our major cities, as my hon. Friend the Member for Nuneaton said. If we went back 10, 15 or 20 years, we could have probably said that. Would we have seen and heard Members of Parliament for Nuneaton and Colchester making a contribution such as this to these debates? Probably not because instances of this nature were a rarity; they were not commonplace. However, one phenomenon that we have seen, particularly in the past three to five years, is the growth of county lines. It is really concerning how this issue is stretching out further and further from our major cities. First, it was just south Essex, then it moved up to mid-Essex, and now it is prevalent in north Essex and beyond; I reference, of course, Colchester, my own constituency.

Up until there were incidents in my own constituency, I had no dealings with or knowledge of county lines. When we see some of the activity that takes place, of course, it all revolves around drugs. Colchester is just one example; there are towns up and down the country that are being affected by county line operations. When we talk about the individuals who operate these county lines, they are not, in effect, the drug dealers; they are the kingpins—they are the people who never touch drugs. It is the people further down the line who are actually peddling the drugs and bringing to our towns, up and down our country, not just their drugs, but their violence and the intimidation that comes with it.

In one particularly striking incident in the town that I represent, there were six knife attacks in one evening. It was not particularly late—I think that it was about 6 pm in the evening in Colchester. Interestingly, all six were committed by, and perpetrated against, individuals who were not from my town; they were all from London and they were rival drug gangs. They came to Colchester, bringing with them that violence and intimidation to sell drugs on what they saw as a fertile patch—a market that was not, and is not, saturated in the way that London and so many other places are.

The other concerning development, which is also related to county line activity, is cuckooing. This was touched on by my hon. Friend the Member for Nuneaton. Again, it was not something that I had come across until a constituent raised it with me on a Friday in my constituency office. Without being over-disparaging, I could see that he was clearly a drug user himself. He said that his flat had been taken over by individuals from London whom he had willingly let in. They were threatening him with a firearm, had huge quantities of class A drugs and were using his property as a base from which to deal and to peddle their drugs over the course of a week, and sometimes two. Sadly, we are seeing that pattern of behaviour repeated.

More worrying than that is whom these vicious drug gangs are preying on in terms of their targeting for the cuckooing activity. It tends to be prostitutes, people with mental health issues, those who are in social housing and particularly isolated and existing drug addicts. They know that these individuals are vulnerable and can be targeted.

That is worrying enough in itself, and an issue that we should tackle, but the greatest concern is the use of children in county line operations and cuckooing—whether it is blackmail or bribing them with money. They may initially be bought a pair of trainers, at which point they have been bought. Seemingly the trainers are a gift, but at that point those children are forever indebted to the drug dealer. There may be threats to their family, or intimidation and violence either on their family or on their person. As my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) said, it may be that the young person wants to reach out and look for somebody who will give them that sense of belonging. It does not really matter; these are young people who are victims.

I want to give the House a hypothetical example—it could easily be real; it is real up and down the country—of a cuckooing activity in which an individual preys on a vulnerable drug user or prostitute. They will pick on social housing, because they know that there are a lot of comings and goings in such blocks of flats and that the dealing of drugs would not be noticed in the way it would in a regular residential property. In that block, there is a young child—perhaps as young as eight, nine or 10—who may have been, as I said, offered trainers or a small amount of money as an inducement to help the individual to sell drugs. The child may have been threatened personally, but more commonly the threat will be against somebody they love, such as their mother, who could be the person in the corner who has just had their hit of heroin. The drug gang targets the one person on whom the young person relies more than anyone else in the world. That threat is enough to force the child to go out and sell drugs, because they are terrified.

We must intervene. What should we do when we get the opportunity? I am not pretending that this is easy, but why are we still treating young people—in many cases, they are children—as criminals? Yes, they have gone out to deal drugs, but what message does it send out when we criminalise a child who has been groomed, threatened, abused and blackmailed with threats against their mother, for example? We need to send out a clear message that children in such situations are not criminals, but victims. Until we treat them as such, things are not going to change.

Of course, that has to be within reason and we need caveats. If a young person or a child has committed a serious offence, particularly one against another person, such as a knife attack, it is right that the police and the criminal justice system take appropriate action. However, it is not hard to identify where these children and young people are clearly victims. It is important that we treat them as such, if no other reason—although there are many—than that the cost of getting things wrong is so great. Not only would the young person or child be set on the wrong path for the rest of their life, but we are labelling them as a criminal. What are their future life chances if they get a criminal conviction at a young age for trafficking or selling drugs? What message does that send out?

We know that drug gangs are increasingly using children as young as eight, nine or 10, as I said, because the gangs know that they are less likely to be stopped and searched and that they tend to be more vulnerable and easier prey for grooming. We know that such things are increasing, and we know that we must break the cycle and intervene. The question is how we intervene.

I welcome the £11 million for an early intervention youth fund, the £3.6 million for a national county lines co-ordination centre, and the cross-party taskforce, which is a good thing, but I encourage close working between police forces up and down the country and the Metropolitan police to break the county lines, which are effectively phone lines up and down the country that are bought and sold like franchises. I also encourage the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), who is hugely passionate about this issue, to work with the Ministry of Justice so that we ensure that we treat the young people and children whom we identify as victims as victims, not criminals.

Moving quickly on to sentencing, I am sure that none of us wants to throw vast swathes of young people and teenagers into prison for possession of a knife or an offensive weapon. We all know that it is far better to rehabilitate them in our communities, but that has to be meaningful if it is to work. I would like any under-18s who are convicted or cautioned for a first-time knife-related offence to be sent on a mandatory weapons awareness course as part of any caution or sentence.

I am not making a direct comparison, but we already do this when people are caught speeding at a low level. Instead of paying a fine, people can go on a day’s course. I have not done it yet—I wonder how many Members across the House can say that—but those who I know have been on the course have told me that it is quite hard-hitting. Attendees are shown, very graphically, why it is important not to speed. This includes seeing the impact of drivers doing over 30 mph in areas with a 30 mph speed limit if they were to hit a pedestrian, including a child. The point is that the course is a graphic reminder of why we should not speed. Why should we not send under-18s who are convicted—or indeed just cautioned—of knife possession on a mandatory course, so that they have to see at first hand the impact that their actions could have?

Lyn Brown Portrait Lyn Brown
- Hansard - -

I get where the hon. Gentleman is coming from—it is wholesome. My young people tell me that they carry a knife because they cannot be found lacking. We do not keep them safe, and they therefore feel that they have to keep themselves safe. Although I can see where he is coming from, I am not sure that we are really getting to the root cause or understanding of the problems that we are facing in the inner city.

Will Quince Portrait Will Quince
- Hansard - - - Excerpts

The hon. Lady makes a valid point. I entirely understand where she is coming from, but I respectfully disagree. I will come to exactly why I disagree in just one minute. I first want to touch briefly on weapons awareness.

The hon. Lady is right when she says that young people carry a knife because they believe that it keeps them safer and they have to carry a knife because everyone else is carrying one. Yet we know that that is a hugely ignorant position because every single statistic out there tells us that people are more likely to be the victim of the knife crime attack if they are carrying a knife themselves. We have to get that message across to young people through numerous mediums—not just in schools and not just to people who are caught carrying a knife. We have to show them what it looks like to be stabbed with a knife and what it would look like to see their mother crying over their body. People need those hard-hitting lessons. As much as I agree with the hon. Lady, we have to give it a go. I think that the bang for the buck would actually be worth while.

Lyn Brown Portrait Lyn Brown
- Hansard - -

That is where I was a few years ago, but time has moved on. My little sister is a solicitor. She used to take people into schools to talk about the unlucky stab—that is, when people did not mean to kill somebody, but they cut an artery and so on. These people would talk to kids about the impact of the unlucky stab on their lives and the lives of others. But I am not sure that that is actually where we are now, because of what the hon. Gentleman is talking about: county lines and organised crime, which have changed the whole gang situation entirely.

Will Quince Portrait Will Quince
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The hon. Lady again makes a very valid point. I do not disagree with her. She is almost certainly right when we are talking about mid-teenagers, late-teenagers and people in their early 20s, but we need to reset the dial and start this education in primary and secondary schools now. I am not suggesting that this is a panacea. I am not even suggesting that it is a quick or easy fix, but it has to be part of a solution and a package of measures that will help to eradicate knife crime in the medium to long term.

There is an organisation in my constituency called KnifeCrimes.Org, which is run by a lady called Ann Oakes-Odger. In the neighbouring constituency, a lady called Caroline Shearer runs another organisation called Only Cowards Carry. These inspirational women each lost a child to a knife crime attack—hugely tragic—but they have harnessed that energy and set up charities that are doing such great good around weapons awareness, particularly in schools. I look to the Minister because these organisations need funding in order to survive. In some cases, that comes via the police and crime commissioners, but I want to see more central funding made available for these organisations, which do such good work at a grassroots level.

I have been on one of the courses. I sat in a school and watched one of the presentations, it was really hard-hitting. Everyone leaves thinking, “Wow.” We were shown on a huge projector what numerous knife wounds look like. We learnt about the impact on families. If I had watched one of those presentations as a seven, eight, nine or 10-year-old, or even in the early stages of secondary school, I would have found it quite compelling.

Too many young people are carrying knives, and we need to understand why that is by getting in early. That is why primary schools are so important. We need to show these young people, as I mentioned to the hon. Member for West Ham (Lyn Brown), that a knife does not keep them safe; statistically, it makes them far more likely to be the victims of a knife crime attack. We must hammer that message home—not just in schools as part of weapons awareness education, but as part of social media activity and in TV ads like those being run in Scotland. There has to be an overall package of measures to show them how it feels to have a life shattered by a member of their family losing their life through a traumatic weapons attack.

May I gently push the Minister on a couple of things? We need weapons awareness classes in school. We must support the organisations up and down this country that are providing that and support the creation of new ones. I would like to see mandatory weapons awareness sessions as a condition of a conviction for someone caught carrying a knife. It is not acceptable just to give them a caution, a slap on the wrist, and an “Off you go”. We have to do more by sending them on a mandatory course. Yes, there is a cost to that, but I think it would pay dividends in terms of the number of people for whom we could break the cycle. I also encourage the Minister to push for closer working between local police forces and the Metropolitan police to tackle the growing issue of county lines, which we desperately need to resolve.

Finally, probably the most important message that I can impart to the Minister is this: please, please can we treat the children and young people who are caught up and groomed, victimised and intimidated into county lines activity and drug dealing as victims, not as criminals?

Ed Davey Portrait Sir Edward Davey (Kingston and Surbiton) (LD)
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It is a pleasure to follow the hon. Member for Colchester (Will Quince). The House is indebted to him for a speech that showed great understanding of the problem of county lines and how this new way of distributing drugs is harming individuals, families and communities; and also for the fact that he had some very constructive proposals to put to the Minister. I support him in that. I dare say that he might not like this comment, but it almost sounded like a Liberal speech. He was right to focus on county lines. I think that the strategy is very good on that problem. His point about co-ordination between different police forces is really important.

I will be very interested to see whether the Minister has any comments to make about the drug dealing telecommunications restriction orders that are now being rolled out. In his opening remarks, the Security Minister talked about some initial signs of real success in that they are seriously disrupting county lines. We must hope that they will continue to do so. I hope that Ministers will be able to report to the House about the success of those orders as we go forward in tackling county lines.

I wanted to start my remarks by remembering the victims of the terrorism in Manchester last year, as spokespeople for the other parties have done. I very much agree that those victims should be in our thoughts today, not least as we discuss this particularly important issue. We saw the tragedy of the families who were bereaved—the mothers, fathers, daughters and sons. That must be in our thoughts. The fact that the people of Manchester responded so powerfully together in their unity is something that we should celebrate.

I also want to talk about real people in the rest of my speech. In my constituency we have had people suffering from the effects of knife crime. I have been particularly engaged with a family who lost a son in June last year. Derick Mulondo was in his 30s. He was stabbed by a former partner. He was one of those people who everyone loved. He was a community activist. Young people would see him as a leader. He would go and organise football matches at the local park. After he was taken from us, the young people would go to his mother’s door and say, “Now Derick’s gone, who do we look to?”, so we doubly suffered as a result of that awful murder.

His mother, Sophie Kafeero, is one of the most courageous people I have ever met. She is still suffering, and she goes to her son’s grave very regularly to talk to him. She, in her grief, has had support from Derick’s friends to set up a campaign called “Drop a Knife, Save a Life”. That campaign is in its infancy, and I hope that in due course it will make an application to the Government’s community fund, because it could do a lot of good work with other organisations such as Oxygen in my constituency, which is also tackling the problems of knife crime.

We must learn from these victims and listen to them—listen to their pain and their strength, and listen to what they are saying about what needs to be done. The Government have done some good things to support community initiatives, but I urge them to go further, because I am afraid there are too many mothers like Sophie.

The strategy has many positive aspects. I will come to some criticisms in a minute, but the positive aspects are worth focusing on. Some of the analysis in it, written by good Home Office officials and with lots of evidence, is definitely worth reading and debating, because we need our policies to be evidence-based. I wish more of the Government’s policies were evidence-based. Let us hope that this one will be.

The fact that the strategy puts prevention high up the agenda was welcomed across the House and the country. There are some issues with putting money behind that, but ensuring that prevention is a priority is important. A few Members have touched on the international aspects we are facing, which we need to say more about, and I will come on to that.

Some of the Government’s initiatives deal with new aspects of the debate, including not just county lines but social media and its link to drug distribution, and the glamorisation of drugs; young people are told about the money they can make, but they are not told that they could lose their lives. Social media is having such a big impact. I think the Government are taking that seriously. I may question their judgment and their decisions at times, but I do not question their motives on this at all.

As other Members have said, two big things are missing from the strategy. The first—I am sorry to say this to the Minister, but I have to—is the lack of acknowledgment of the impact of police cuts. If we look at the evidence printed in The Guardian, which was not published and which the former Home Secretary said she had not read, it is absolutely clear that the cuts were likely to have been a contributory factor to the rise in violent crime.

The other key problem, linked to that, is resources. This puts a challenge to the Government. They talk about the need for prevention, but a lot of the activities in local government, the health service, schools and the police that were focused on preventing crime in the first place have been cut, and the Government’s welcome extra funding mentioned in the strategy does not come close to replacing the money that has been lost.

Let me return to some of the policies, which are important. The strategy refers to the

“large potential benefit to preventative intervention”.

It talks eloquently about the need for both universal preventive interventions and targeted interventions, and that is worth focusing on. The strategy talks about looking at young people and families where there is a combination of high-risk factors, and where it is very beneficial for the local authority, Government and police to come together to intervene really early. We hear about early intervention on so many subjects, but here it is about saving lives. The Government should talk more about that and then put the money behind it. Other Members have touched on the importance of helping children who have had chaotic lives, whose health and education have been affected and who are so vulnerable to the drug gangs that prey on them. Unless we intervene to help them, we are setting the whole of society up for failure.

Lyn Brown Portrait Lyn Brown
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I have been working with mums whose children are or have been involved in county lines, and one of the messages they are very keen to get across is that this could happen to anybody, whoever they are. A police officer who spoke to me the other week told me about how the child of one of their colleagues had got involved. I want us to be very aware of the fact that this could genuinely happen to anybody, and we should not stereotype any group of people we think may be involved.

Ed Davey Portrait Sir Edward Davey
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The hon. Lady makes a fair point. She has actually anticipated what I was going to say next. One of the other groups who are very vulnerable and are preyed on are those with mental health issues. As she said, this could happen to anybody or any family. That comes back to the crisis in child and adolescent mental health services. As I am sure is the case in colleagues’ constituencies, CAMHS are absolutely on their knees. If we are talking about prevention, we really must tackle that as quickly as possible.

I want to talk about the positive international aspects of the serious violence strategy. Some of the statistics, particularly those on pages 19 and 20, show that Britain may not be alone in experiencing such a rise in violent crime. I know that the Government are planning an international symposium in the autumn, and that is very important. It may well be that issues such as austerity—the cuts in state spending not just in the UK but in other developed countries—have had an impact. Let us be frank about that. Linked to this are the growth in social media, strengthening organised crime, bumper coca crops in Colombia and the reduction in prices. All these international elements wash up on our shores and affect our communities as well as other countries.

We need to work with other countries; in doing so, let us learn from them—their successes should be shared with the House—and remember the importance of international co-operation. I forget which colleague said that Brexit may undermine such co-operation. The right hon. Member for South Holland and The Deepings (Mr Hayes) brushed that aside, but he is totally wrong. I had the privilege of going to Eurojust and Europol in The Hague 10 years ago to see how with them, and tools such as the European arrest warrant and joint initiatives, we could be far more effective in catching criminals and bringing them to justice. Let us remember that the sort of criminals Eurojust and Europol go after, using the European arrest warrant, are the organised criminals who span boundaries. I know that colleagues who think Brexit is a terribly good idea will say, “Don’t worry. It’s in everyone’s interest to work together”. Yes, it is, but we will not be in the room or making the rules for Eurojust and Europol’s use of the European arrest warrant. These are relatively young tools that will be more and more developed in the future, but we will not be in the room.

Anyone who goes to see how Eurojust operates will find that there is just one representative from each member state, and when there is an investigation—such investigations often involve drugs—a representative just calls those of the other member states through which the investigative forces will have to travel to arrange the right warrant and so on. Such co-operation can happen at lightning speed so that we can catch the criminals who try to escape justice by playing people off against each other and going across jurisdictional boundaries. By not being in the room, we will undermine our ability to take on such organised criminals, so although the Government are right to talk about international co-operation, they are not really in a very good place.

My final point about international co-operation concerns the Border Force. We often think about the Border Force in terms of stopping illegal immigration, but it is actually critical in stopping drug trafficking. The Border Force has been devastated, particularly when the current Prime Minister was Home Secretary, which is not a good policy if we are trying to tackle serious violent crime, county lines and the Mr Bigs behind such vulnerable people. We should be most worried about the Mr Bigs, but dealing with them requires an international response.

Before I finish, let me talk a little more about some of the problems in the strategy. I have talked about resources, but I want to come back to that issue. The strategy itself says:

“The recent downward trend in arrests and charges for some crimes lessens the certainty of punishment.”

In other words, because there are fewer police officers, fewer people are being arrested and charged. [Interruption.] I accept that the strategy does not say that, Minister, but I quoted it directly initially. The downward trend in arrests and charges has come only because there are fewer police officers. I say to the Minister that we need more detectives, as serious crime is rising and we need to go after the perpetrators. Not only that, but if we cannot arrest the perpetrators in the first place because there are fewer officers, that will reduce the deterrence against crime because people will think that they will not be caught. That is a real issue.

I lament the fact that the Government have not reacted quickly enough to the uptick in serious crime over the past two years. We have learned how to use police officers more efficiently, particularly with the new technique of hotspotting. The evidence shows that that can be very effective against drug dealers and all sorts of criminals. We know more about getting the best value for money out of the police, and reducing their numbers at this time just does not make sense. The shadow Home Secretary quoted Cressida Dick, and Ministers should be learning from her.

Finally, I know that the strategy includes an inter-ministerial group but, as other colleagues have mentioned, if we are going to take the approach that the Government rightly set out in the strategy, we have to see more cross-departmental work. This will come from the top only if Cabinet Ministers are sitting around the table regularly chasing the issue and making sure that their departmental officials see this as a top priority. I am afraid that I will not be convinced that the Government are treating this as a top priority in the cross-Government way they should until we start hearing the Secretaries of State for Education, for Health and for Housing, Communities and Local Government talking about it. When they talk about it, we will take the Government seriously because they will really have got the message.

Let me end by reminding the Minister—I am sure that she knows this, but I will remind her anyway—about why we need to take the issue seriously. Families out there are grieving and they want to know that we are responding as a Parliament and Government to the crisis; and it is a crisis. People have been taken aback by the rapid rise in violent crime, whether that involves knives, guns or acid. There is a sense that things are slipping out of control.

The serious violence strategy and the Mayor’s measures could not come early enough, but we have to redouble our efforts. When Ministers are sitting around the table with the Chancellor making representations, they really have to see that this must now be the top priority. They will have the support of the whole House if they do that. They will certainly have the support of the British people.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. We are not doing very well on the target of 10 minutes per speech, which Members were asked to aim at some time ago. Speeches have ranged in length: 15 minutes, 16 minutes, 18 minutes, 19 minutes and 17 minutes—quite a lot more than 10.

Lyn Brown Portrait Lyn Brown
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Indeed it is!

Baroness Laing of Elderslie Portrait Madam Deputy Speaker
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I am glad that the hon. Lady approves of my arithmetic. I am sure that we can manage this debate without the need for a formal time limit, which limits how the debate works. Will colleagues please try a little harder to stick to around 10 minutes? Then everyone will get in and it will be fair and equal.

--- Later in debate ---
Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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It is an honour to follow my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves). She made some very good points, and made them passionately—and I know that she is passionate about the security of the community she serves.

For the past year, my community in West Ham has been haunted by violence. Since the start of 2017, nine young people have been killed in my constituency alone, and today I want to remember them. They are Titu Miah, Pietro Sanna, aged 23, Ahmed Deen-Jah, aged 21, Beniamin Pieknyi, aged 21, Taofeek Lamidi, aged 20, Abdul Mayanja, aged 19, Sami Sidhom, aged 18, Lord Promise Nkenda, aged 17, and Corey “CJ” Davis, aged just 14, and shot in a playground.

That is not the final roll-call. There have been so many more children and young people with life-changing injuries caused by the dreadful, almost unrestrained violence over the past 18 months—saved just by luck, or by our amazing national health service. I want to think about all of them today.

Our latest young man to die needlessly and tragically was Sami Sidhom. He was stabbed last month on the street outside his home when returning from a West Ham game. He was a bright, well-loved, quiet young man, studying at Queen Mary’s College in London. He was doing really well, and was not involved in any crime or any gang. His neighbours rushed out of their house to help him. They were talking to him and comforting him when he died from his wounds. I have seen the pain, the anger and the fear of the community in which he lived. His father’s heart broke in my arms.

The whole community are traumatised. Their only outlet so far is talking to each other, because there is absolutely no support for them. There is no aftercare. The young man who told me about how the blood was running through his fingers, how he did not know what to do and he could not save Sami’s life: there is nothing available to him today. There is no one I could pass him to, who could take some of that trauma away. So people in the community are gathering together for comfort and looking for things to do, but I think we can do better than that, which is why I agree with many who have spoken today that this is a joined-up cross-Government issue; we need somebody from the health service to help us out, give us some money and make sure proper counselling is available for those who are traumatised.

We in this place need to face up to some truths, too. All of us of all parties have allowed these circumstances to be created. Those who are dying are so young, and so are many of those who have blood on their hands, but they did not create these circumstances for themselves; effectively, all of us—I am gesturing a huge circle now—helped to create them. We as adults, we as people in authority, we as policy-makers, we as budget-holders, we who did not see what was happening, have allowed our streets to become what they are.

Let us face some facts. Too many of our children now live in fear, convinced that the authorities cannot, or will not, protect them from harm. Too many of our children have no trust whatsoever in the systems we have created so they simply do not engage. Too many of our children believe their potential will not be recognised or nurtured by our society. Quite simply, they have so little hope that they see no future for themselves. That is why they take such massive risks.

These facts make our children far more vulnerable to exploitation by criminals, including those who run county lines. These people have created a cruelly efficient business model to distribute and sell drugs, using our children as expendable cheap labour to enable large profits. It is a cycle of exploitation and grooming that has become an industry. Often the children targeted are bright and charismatic with such promise, and that is why the gang leaders want them so much—because they make such great sales people. We need to find a way to empower our young people so they know how to recognise the power and the tactics of the groomers who are using them to sell the drugs. They need to know how to say no; they need to be given the skills and tools to resist the manipulation of the groomers.

As has been said in the debate, for many of our people who end up selling drugs, or even killing or dying because of a drug gang, the downward spiral starts with something simple like being befriended by a cool older boy—a new best friend who gives them chicken and chips or new trainers. They take the older boy’s gifts and respect, but it does not take long before those gifts become debts and that respect becomes domination. By the time realisation dawns, it is too late. We must find a way of giving our young people the resilience to resist grooming, and that requires peers, teachers, youth workers and role models making them aware of where accepting that gift of chicken and chips may lead. That will take resources; it will require improving training for teachers and social workers so that safeguarding becomes as much about looking for signs of gang grooming as about spotting child sexual exploitation.

In truth, we do not have a handle on the scale of the exploitation and grooming that drug dealers are engaging in. Even if children and social services are aware of the scale of the problems and the tactics deployed by those running the county lines—and some of them, woefully, are not—they are already massively overstretched. We need to expand their role and give them the training, and that, again, is going to require some resources.

Some young people know or suspect who is responsible for some of the terrible crimes I am talking about, and they might well hold evidence or be able to provide eyewitness accounts that would be helpful to us in a court of law. The information is out there that would help us to catch the people responsible, but the young people who have that information live in a really uncertain, dangerous and deeply scary world. They do not trust; we have done nothing to earn any trust.

I say to the Minister that we need to find a safe space where young people can report this information, and I do not think that that safe space is Crimestoppers, however much my local police encourage people to use it. Young people simply do not believe that it will be confidential. They assume that, if they ring, their call can and will be traced and that a police officer will come knocking on their door. They know that if that happens, they and their families will be punished for snitching by the gang members and drug dealers. They do not trust us to keep them safe, and who can blame them? Third-party reporting, run by a trusted organisation, would be a really good step. It would help us to gather information and address some of the unsolved murders in our communities.

We also need to have a genuine, believable and appropriate offer for those young people who do the bravest of things—namely, give evidence in court against gang members and really serious nasty criminals. They need to know that we will look after them and their families and keep them safe afterwards. They need to know that we will help them to make a new life. We do not do that at present. I know a young man whose life was completely destroyed because he did the right thing. He gave evidence, and then he ran. He was terrified, and he ended up in a community that was completely different from home. He was lost and frightened, and then he was attacked one night. He fought back, but he did so disproportionately, according to the court. So despite the fact that it was he who was attacked and the initial victim, he is now serving time in jail, and I understand that he could well be deported to a country that he has never known after he has served his sentence. We should have done better by him. We owed him that much. His story is known in my community, so why should other young people put themselves at risk in order to give us the information that we need? Why should they help, when that would only make their lives and their families’ lives much worse?

Most of the people in this place have grown up knowing that they have choices and that many opportunities will be open to them. Tragically, most childhoods in my community are just not like that. Sixty-five per cent. of the children in Newham grow up in poverty, knowing that their parents are always thinking about how to pay the rent and the bills and how to put food on the table. Children live with that stress. They watch their parents struggle day in and day out, and they see their future as being the same. It chips away at their dreams, because they know that their parents are working every hour and trying so hard but that it is not bringing them prosperity or security. Our children need some hope for the future.

In West Ham, we have had the worst of it. My community is, as I say, traumatised. We need to work together to make real changes so that we can keep our children safer than we have managed to do thus far. But we also need the resources that we currently lack if we are to destroy the criminal base that is blighting our communities and provide the hope and opportunity that our children deserve. I will work with absolutely anybody in order to get that.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
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I have sat here throughout the afternoon listening to many people, and I look forward to the contributions that are to come. We have heard descriptions of what has happened in our country, not least from my hon. Friend the Member for West Ham (Lyn Brown) just now. We have heard about children and young people being murdered on the streets. We have heard of county lines and of the horror they bring. We have heard of the desperation in communities about what can be done about that.

As someone said at the beginning of the debate, why are we debating this only now, perhaps months after we should have been debating it? Why has not the House—all of us, including me—been roaring about this for months? My right hon. Friend the Member for Tottenham (Mr Lammy) is an honourable exception, as are one or two other Members, but why has this House not been at the heart of the nation?

My right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) has been speaking up about the black community and about some of these issues for years, but why have we, as a collective, not been roaring about it? A massive 67 people have been murdered in London this year. That is an unbelievable figure. Imagine if the figure were aggregated and spread across the country—astonishing.

Serious violence is rising everywhere. It is not just about policing, but policing is part of it; it is about all of these things. Of course everyone cares, but this is a national emergency. This is a crisis for our country. If this were happening in any other context, there would be emergency statements by the Prime Minister and calls from both sides of the House to do something about it. The county lines are a relatively new phenomenon, and who knows how many children they affect? Children in our country, some as young as 10 or 11, are being exploited by criminal gangs to move drugs. I do not know what law it will take or what should be done, but I do know that that is totally and utterly unacceptable to every single Member of this House of Commons.

I know the Minister wants to do all she can, and I know the Government want to do all they can, but I honestly believe that we all have to wake up. We all have to say this really cannot continue. After this debate, people out there expect to be able to see something being done. Early intervention, schooling and parenting matter, and all of that is right, but what are we going to do now?

My hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook) talked about the long summer evenings. A young person was stabbed to death in Islington at 6.30 pm last night. It was not down some murky alleyway at 1 o’clock in the morning; it was on the streets of Islington in front of people going about their everyday business. This cannot be acceptable, and it cannot be right.

I passionately argue for us not only to debate the issue and not only to show to the people out there who might be watching that we care—I think everybody does care—but to show that we get it and that we understand it. We must tell the mothers, the families and the communities across this country who are crying that we will stand with them and do something about it.

I was a Home Office Minister when we were faced with some of these problems before and it is a sterile argument. My right hon. Friend the Member for Hackney North and Stoke Newington has argued about police numbers. She has not said that that is the only solution—nobody on either side of the House has said it is the only solution. Of course it is also about youth services. The best people to get involved are the reformed gang members. Get the people in who understand what is going on. Get them in to talk about it—once they have been subject to the law, I hasten to add.

I want to make two more points. This is from the Government’s own evidence. We can see this in the documentation that the Government have published in their serious violence strategy. It totally vindicates what my right hon. Friend the Member for Hackney North and Stoke Newington has said: targeted stop-and-search is absolutely a part of what we should do, but there is no evidence, even from the Government in their serious violence strategy, that blanket stop-and-search makes any difference. It is in the document the Government have published. What is crucial, it says—I know this as a teacher who dealt with fairly minor instances—is that there is certainty of a consequence. The strategy states:

“We also know that the certainty of punishment is likely to have a greater impact than its severity.”

That is the Government’s own evidence. People have to know that they cannot just act with impunity—

Lyn Brown Portrait Lyn Brown
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Because they are going to get caught.

Lord Coaker Portrait Vernon Coaker
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Exactly. They have to know they will get caught and be held responsible for what they have done, be it carrying a knife, smashing a window, swearing at somebody or acting in a racist way. If they do not know they will get caught, it is like a kid at school, or your own son or daughter: they will mess you about, but in a much more serious way. So we need certainty of punishment. The Minister has to get hold of the Ministry of Justice, or whoever is responsible, and say, “Get it sorted out. We are the Government.” We are the Parliament. If we cannot sort it out, who is going to sort it out?

We have heard the argument about police numbers. Of course police numbers are not the only reason for this situation, but policing makes a big difference and police numbers make a big difference. It is obvious. Do not accept what my colleagues have been saying; the Government’s own serious violence strategy says exactly that. It says the fall in police numbers is partly a driver—not the only driver, as I totally accept—for the rise in serious violence.

I will finish with this in order to keep to the 10-minute limit. I wish to make one plea to the Minister. This is what I want to happen in the short term. The longer term will sort itself out, but the communities I represent in Nottinghamshire—in Nottingham and around there—and those represented by other Members need something to hold on to now. So I say to the Minister: go to the Treasury and demand, to deal with a national emergency, a pot of money that will allow hotspots to be identified across the country, where police resources can be targeted. That is what works, according to what the Government themselves say: putting money into hotspot areas, so that the police can increase their resources, target those resources and work with youth services and with the community, brings down crime. Crucially, again according to the Government’s own evidence, not only does it bring down crime—it does not result in a displacement of crime from one area to another. Would that not be a price worth paying, Minister? Would that bill not be worth the Government’s picking up? We are talking about a bill of tens of millions of pounds to give to the hotspot areas in London and around the rest of the country where we know the majority of these offences occur. What a statement it would be to those communities to say to them, “We are going to provide some additional resources for the police you need, and to support the youth services in the community alongside them, in order to target what we now accept is a national emergency and a national crisis.”

Windrush

Lyn Brown Excerpts
Wednesday 2nd May 2018

(6 years, 6 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Joanna Cherry Portrait Joanna Cherry
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I wholly agree with my hon. Friend. There are many people in the United Kingdom at the moment who make a great contribution to our society, but who are being made to feel very unwelcome at best and are being deported at worst, simply because they cannot evidence their right to be here.

These people have come to light as a result of another policy of the Prime Minister’s—the hostile environment policy, which is a racist policy. I say that quite clearly: it is racist. When people of a certain ethnic background, or with a name that does not look British, apply for a tenancy or a job, that is when they come to light, and that is when suspicion falls upon them. It is absolutely disgraceful. That is why, at Prime Minister’s questions this morning, despite the howls of derision from Conservative Members, I asked the Prime Minister to apologise for the policies that have caused this. I am still waiting for that apology, and I will be asking for it constantly. Policy has caused this problem, not mistakes—not mistakes by officials and not even mistakes by politicians. It is the direct imposition of policy that has caused this problem.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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Does the hon. and learned Lady not agree that the Home Secretary must look at the issue of bonuses, because they create a culture? The buck stops at his door.

Joanna Cherry Portrait Joanna Cherry
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It is absolutely astonishing that people should be given bonuses for the number of people they can boot out of the country. It is disgusting. What has the United Kingdom come to? I may be a Scottish nationalist, but I also consider myself British, and there are many aspects of the UK—[Interruption.] Yes, I am. Actually, I am half Irish as well—thank God, because I am getting an Irish passport. I am not one of those people who says the UK has never done anything good, but by God is this a smear on the UK’s reputation across the world.

Two weeks ago, the Prime Minister would not even speak to the heads of delegations from the Commonwealth about this issue; she thought she could get it swept under the carpet. Then she thought she could use the right hon. Member for Hastings and Rye as her human shield. That did not work either. She thought she could come to the House this morning and get off the hook. Well, she is not off the hook. She needs to answer for the policies that have caused this problem.

We are hearing a lot today about how the Windrush generation will be sorted out. The previous Home Secretary gave us an undertaking that there would not be any more enforcement action against the Windrush generation. However, my question to the Home Secretary is this: if he cannot get the Windrush generation, which vulnerable group is he going to go after next to meet his targets?

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Anna Soubry Portrait Anna Soubry
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Absolutely, and it is imperative that we remember that, with very few, if any, exceptions, civil servants are some of the most outstanding workers in our country. It is too easy to slag them off but we should remember not only their quality, but the fact that often they cannot speak out and defend themselves. Therefore, I agree with my right hon. Friend the Member for Putney (Justine Greening) that the Opposition motion really is not good enough. It is about process and procedure and it does not see people. That is what I want to address my comments to.

The right hon. Member for Normanton, Pontefract and Castleford was absolutely right when she said that the Windrush scandal has brought great shame on our nation, but some good has come out of this terrible episode in our country’s history. People are now at last seeing immigrants as people—as people just like them. They are neighbours. They are people who have come to our country to work and to do the right things. They have often worked in the most outstandingly contributing jobs in our economy and society. They are just like everybody else. They are not numbers; they are real human beings. I think we are already beginning to see a change in some of the opinion polls: thankfully, immigration is now going down the list of priorities as people realise that it is not some corrosive problem, but actually a wonderful, beneficial thing that has occurred in our country for centuries.

The Opposition should have used this opportunity today to talk about the positive benefits that immigration has brought to our country over centuries. Opinion is shifting. My right hon. Friend the Member for West Dorset (Sir Oliver Letwin) was on the television and radio the other night saying very openly and bluntly that for too long in my party we have not talked about the positive benefits of immigration. I will go further and say that that has occurred in both our main parties: for too long we have shovelled this away and not talked about it, or we have kowtowed to people when we should not have done and we should have stood up for immigration and all the huge benefits it conveys.

I want to say to hon. Members in the Labour party and in the SNP—I have a lot of time for the hon. and learned Member for Edinburgh South West (Joanna Cherry)—something about the level of offence. I apologise for being cross and angry sitting on these Back Benches, but I do get cross and I do get angry at some of the comments and slurs that have been made. The idea that there are people on these Benches who have done the wrong thing and said the wrong thing—of course there will always be people who do not always get the right argument, but it is wrong to cast that aspersion. The hon. Member for North West Durham (Laura Pidcock) shakes her head, but she should tread very carefully. I am old enough to remember as a Conservative being a proud member of the Anti-Nazi League, going on the streets—[Interruption.] She can listen for once. I remember going on the streets of Birmingham and standing shoulder to shoulder—

Lyn Brown Portrait Lyn Brown
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Will the right hon. Lady give way?

Anna Soubry Portrait Anna Soubry
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In a moment; I always give way to the hon. Lady.

I remember standing proudly with members of all political parties, every shade of Trotskyist, communist, broad left, far left, liberals and other Tories. The huge change that has happened in our society is that members of the hard left who shout from sedentary positions have forgotten all that and engage at the level of tribalism on issues that should unite us. That does them and our country a great disservice.

Lyn Brown Portrait Lyn Brown
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rose

Anna Soubry Portrait Anna Soubry
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And now I will take the extra minute.

Lyn Brown Portrait Lyn Brown
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I want to bring the right hon. Lady back to today’s debate and read to her from a message that the Joint Council for the Welfare of Immigrants has placed in my inbox:

“Nothing that the government has announced today in parliament will address the root causes of the Windrush scandal—namely the ‘hostile environment’ policy. Hostility is still very much in play, the government still plans to roll Right to Rent out further to Scotland, Wales and Northern Ireland”.

I really do respect the right hon. Lady, but may I suggest to her that she should understand why we are pressing for a vote tonight and join us in the Lobby to tell her Government how she truly feels?

Anna Soubry Portrait Anna Soubry
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I thank the hon. Lady, but that is not what this motion addresses. It is a bureaucratic, procedural thing. If it had espoused her very good arguments, I would not have any trouble with it, because I want to see change and I absolutely agree with her.

I have been saying to the House for I do not know how long since the Windrush scandal broke that the problem runs deep into the policy. The right hon. Member for Normanton, Pontefract and Castleford, who chairs the Select Committee, made the point that the policy basically sees everybody as an illegal immigrant. The default position is that people have to prove they are here legally. This shift in responsibility—this shift in the onus of proof—is anti-British and fundamentally wrong. I said the other day that we should perhaps go back to a system in which the state had to prove that a person had no right to be here. There might be an in-between way, but it cannot be right to have a system in which someone has to prove that they are who they say they are, when they have been here for decades and have a right to be here. That burden of proof must fall on the state. We are certainly seeing a shift in attitude, and I agree that we now need to see a shift in policy.

I am grateful that, just like his predecessor, the Home Secretary has assured us that the Home Office will from now on see people as people, it will not treat them as numbers and it will not see immigration as a problem. I have mentioned the need to shift the onus of proof. I have been saying for a long time that there is a problem, with too many officials having a default position of simply saying no. That has to change. If we are to have a fair and right system of immigration, we need to ensure that discretion and common sense run through the whole culture, from the top right down to the very bottom of the Home Office, in all its work. Also, if I may respectfully suggest this, we need to look at some of the solicitors who deal with immigration cases. I have my own concerns about the level of competence of some of those solicitors, and about the advice they give and the fees they charge.

We should scrap the ambition of reducing immigration to the tens of thousands. Actually, the market controls immigration. People come here to work, and if we do not have the jobs available, they will not come. We need to take students out of the targets—that has been ridiculous—and we need an immigration policy that meets the needs of British business as we leave the European Union. I want an assurance, please, that the Home Office has the people and the resources to ensure that the Windrush scandal does not extend to anyone else, and especially not to European Union citizens.

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Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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I want to talk about trust and how it has been violated, and I want to start with the cases of my constituents Gem and Jessica, both of which I raised in Monday’s debate in Westminster Hall.

Gem arrived here from Jamaica, Jessica from Dominica. Both have worked here, paying taxes and raising families, for nearly 50 years, and both have fallen victim to the Government’s hostile environment. Jessica has served our community in West Ham, working for a charity helping refugees and migrants, so what an irony that in March she was fired from that job because she could not prove her right to work. The lesson of the Windrush scandal is that the hostile environment strategy is, in and of itself, a breach of trust. The betrayal of people like Gem and Jessica will not end until that strategy changes.

The hostile environment violates the rightful, reasonable, normal expectations that the people of Britain share. We expect not to be treated with suspicion, like criminals, without very good reason. We expect not to be threatened with destitution, or to be divided from our families or communities, without very good reason. We expect that our voices and our contributions to our country will not be dismissed by our Government without extremely good reason. But those expectations were violated for our British Windrush citizens—their trust was violated. These citizens were stopped at the GP reception, the police station, the bank counter, the workplace, the jobcentre—all those places became hostile environments for Jessica, Gem and many others.

Papers are demanded—papers that many do not have—and when Windrush citizens cannot produce these papers, they are plunged into a nightmare of hostile demands and constant suspicion, and behind it all is the threat of deportation and the destruction of their lives, with jobs, housing and healthcare yanked away. We all know the consequences: homelessness, detention, depression, mental illness, suicide and bereavement. People like Jessica and Gem have been denied the decent, dignified, fair treatment that all of us have a right to expect. They have been treated like criminals without reason and denied redress without reason. Legal aid, tribunals, access to justice—all cut. Their trust in their country has been breached and cannot easily be restored.

There is massive anxiety in my community about immigration removal flights that may have British Windrush citizens on board. In particular, I am told of flight PVT070. I have asked about this in recent days, as have my colleagues, but despite ministerial assurances, anxieties remain. Can Ministers at the Home Office imagine just how badly they will have further betrayed the trust of generations if they fail to get a grip on this and British citizens are again deported?

Let me finish by echoing what my right hon. Friend the Member for Tottenham (Mr Lammy) said. The Windrush generation are British. They have always been British. Recognising their rights is justice. It is not generosity. I am tired of hearing that “they” came here to help “us”. In the community in which I grew up, there is no “us” of which Gem and Jessica are not a part. The Windrush generation did not come to help “us”; they are “us”. In serving our country all their lives, they have helped to build the communities that we share.

On Monday, in Westminster Hall, I spoke about how personal this is—and it is. Lucy and Cecil are my brother-in-law’s parents. They are good people. They are Windrush people. Lucy served for decades as an NHS nurse. They and their family, including me, are furious about the way in which the Government have treated British citizens. Sometimes when we are in this place talking about personal stuff, we struggle to find the right words and the right tone, but I hope that I have done them justice today.

None Portrait Several hon. Members rose—
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Meg Hillier Portrait Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
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I congratulate my right hon. Friend the Member for Tottenham (Mr Lammy), who is no longer in his place, on bringing this matter to the Government’s attention and my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) on her dogged determination in pursuing the issue.

I want to take issue with some of the comments made in this debate. The hon. Member for Corby (Tom Pursglove), who is no longer in his place, spoke about the matter as though it were just a small administrative error, but my hon. Friend the Member for Birmingham, Ladywood (Shabana Mahmood) summed up the ignominy that many of my constituents have faced because they have a west African name or a strong accent. They come to see me for things that they should not have to see me about—not just immigration issues but, yes, those as well. I, too, have a heavy immigration workload, and I have some advice for the Minister, because another thing that has been said in this debate is, “Why aren’t we looking at the Labour years?” Well, I was the Immigration Minister in the last three years of the Labour Government, so perhaps I can help to bridge that gap.

Let me be candid: the Home Office has long had administrative problems on immigration. One of the issues that the Minister and her boss the new Home Secretary will face is that, to deal with the problem, we need proper investment in the right quality and numbers of people to be able to turn casework around in the necessary time, so that people are not dribbling through the system for a decade or bouncing backwards and forwards with decisions that require legal challenge. However, even with the current desire to tackle the issue, I bet that it will be a big challenge to secure the necessary money from the Treasury to deliver that.

Lyn Brown Portrait Lyn Brown
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I agree with my hon. Friend. I also have massive amounts of immigration casework, and I really have not benefited from the staff with whom I have been beginning to get a relationship, and who really understand the cases, being changed willy-nilly by the Home Office. We could do with some stability.

Meg Hillier Portrait Meg Hillier
- Hansard - - - Excerpts

Tackling that is a huge challenge for the Department, and I agree with my hon. Friend. This was not just an administrative error. Dealing with the administration of immigration with never enough resources has been a challenge for the Home Office for years.

The hostile environment has bitten hard in my constituency. Discretionary leave to remain was reduced from five years to three years, meaning that people had to apply twice before they could get citizenship, and is now reduced to two years, meaning that people have to apply three times. The fee is £800 a time—it keeps going up; I lose track—before they pay over £1,000 for British citizenship. The costs are bankrupting my constituents who are working hard in this country, paying their taxes and paying their dues. They are being treated like second-class citizens. They are not yet citizens, but they aspire to be and they are doing everything right.

Turning to the people who are citizens, the Government have in effect declared an amnesty for those people from the Commonwealth who arrived here between 1973 and 1988, and I have another word of advice for the Minister. In declaring an amnesty—officials will be quavering at my use of that word, because they hate it in the Home Office—will she be clear, as other hon. Members have asked, about whether it applies to all members of the Commonwealth? Will it cover my west African constituents who are in exactly the same position? If I only I had the time, I would tell her about some of the horrific cases. One man is homeless, and another is about to lose his home because it belongs to his partner. They are frightened about ringing the Home Office helpline in case it causes them problems.

Those people are from the Caribbean, but I also have Commonwealth citizens who are in the same position. They are originally from Africa, but they are British, and yet they do not have the paperwork to prove it. The little paper Immigration and Nationality Directorate letters that people come to our surgeries clutching have been enough to get them a job and their entitlements, but their employers have suddenly said, “But you need a biometric residence permit.” Why did the Home Office—this happened strictly under this Government when they changed the rules—not write to everybody on the immigration lists and say, “You now need this new document in order to hold your job and keep your rights”? Had it done so, those people who are not yet citizens—those who have not chosen to go down the citizenship route, but have indefinite leave to remain—would have been in a better position.

The issue goes wider than just the Windrush generation, and let us hope that there is not just a quick fix for them, but a much wider review of the system. Let us not forget that this Government chose to abolish identity cards, which were being rolled out on my watch in the Home Office. They would have made a big difference to many of my constituents who very much wanted to prove that they had the same rights as other citizens.

I have little time to cover compensation and legal aid, but good-quality legal advice saves time and money for everybody in the long run, and justice is denied if justice cannot be accessed because someone cannot afford it. I am afraid to say that we have a real dearth of good-quality legal advice with legal aid—it is a desert in some areas—and many lawyers are charging high fees for, frankly, poor service. The Minister needs to take that into account, or we will see further such problems along the way.

Minors Entering the UK: 1948 to 1971

Lyn Brown Excerpts
Monday 30th April 2018

(6 years, 6 months ago)

Westminster Hall
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Steve Double Portrait Steve Double
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My hon. Friend is right. This is a mistake, not a conspiracy, with a well-meaning policy having been wrongly applied to people to whom it should never have been applied. I will go on to develop that point, as I am sure other right hon. and hon. Members will do.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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I am staggered by what the hon. Gentleman said about a “well-meaning policy”. How can the creation of a hostile environment, and putting a hostile environment into a policy, be well meaning? It is time for an apology, not thin, sanctimonious explanation.

Steve Double Portrait Steve Double
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I thank the hon. Lady for that intervention. [Interruption.] If she can wait to hear what I will go on to say, all will become clear. I hope that we can keep the tone of the debate constructive and positive and put right what has gone wrong for the benefit of those who have been affected. Those who want to score political points may feel free to do so, but I will not seek to do that. I will seek to address the concerns of the people who have signed the petition.

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Simon Hoare Portrait Simon Hoare (North Dorset) (Con)
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The hon. Member for West Ham (Lyn Brown) said from a sedentary position that my hon. Friend the Member for Aldershot (Leo Docherty) was wrong in how he had intervened.

Lyn Brown Portrait Lyn Brown
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It was your policy—2014.

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Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Austin. I thank Patrick Vernon OBE for launching the petition and creating the space we urgently needed to discuss these awful and totally avoidable events. I also pay tribute to my right hon. Friend the Member for Tottenham (Mr Lammy) for his exceptional speech and his tireless advocacy on the issue; my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) for her forensic interrogation and analysis of the former Home Secretary’s actions; and my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), who has so effectively led on the issue from the Front Bench.

Let me make it clear: this issue is personal to me, because, like many Londoners, I have family who are part of the Windrush generation. Lucy and her husband Cecil came here to help to rebuild Britain. Lucy is a fabulous, dedicated and caring nurse who worked in the NHS for her whole life, and Cecil is a skilled artisan. So, before I start, I will say, “Thank you”, to Lucy and Cecil for all they have done, and to all the Lucys and Cecils who came, worked and served our country—often, sadly, in brutal, racist circumstances.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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My hon. Friend is making a powerful speech about the importance of the Windrush generation to the whole country, our public services and our economy. Will she join me in thanking not only all those who have helped to build our country, but all those who have been so badly and shamefully hit by what has gone wrong in the Home Office, who have nevertheless had the bravery and strength to speak out, including telling their stories to the newspapers and to Amelia Gentleman, who has obviously played such an important role in telling their stories?

Lyn Brown Portrait Lyn Brown
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I certainly will, and I thank my right hon. Friend for that intervention.

Cecil and Lucy really believed that they could make this country a home, and that it would be fit for their children and their grandchildren, and they did make it a home for them. They thought that they had secured for themselves and their children a place that was warm and welcoming. However, I assure Members that their family are angry now, because the contract they had with this country has been broken by this careless, callous Government. Their faith in this country has been crushed. They, their children and their grandchildren feel betrayed.

It is not just my family who are angered by that betrayal; many of my constituents, whether they have family among the Windrush generation or not, believe that this Prime Minister’s policies have betrayed a generation of their friends, neighbours and families.

I do not know how many of my constituents have been caught up in the Home Office’s “hostile” immigration strategy, because many people have not made their way to my door yet. However, I urge them to do so, so that I can help them sort this situation out.

One man, who I will call Gem, contacted me early last year. Gem travelled from Jamaica in 1969 and has lived here legally ever since. However, in August last year his housing benefit suddenly stopped, on the basis that he

“had no recourse to public funds.”

That was certainly news to him.

Gem has not kept hold of every official document that has come through his door for the last several decades, so when the Home Office demanded evidence for every single year that he had lived here he was understandably devastated and overwhelmed. I do not think many of us could produce that much evidence on demand; I certainly could not.

Gem was told that he would have to secure a new passport from Jamaica, at great expense and at a time when he was unable to work. The £2,500 fee for naturalisation was well out of the question. He now faces eviction, due to rent arrears, and he tells me that he has to report regularly to the immigration centre, as if he was a criminal. A few days ago, Gem’s daughter called the new hotline, but she is still waiting to be called back. I have contacted the Immigration Minister on Gem’s behalf and I will be happy to give her his details after this debate.

Gem is not the only constituent of mine who has been harmed by this “hostile” environment. Jessica travelled to Britain in 1970 from Dominica. She is 58 now but still remembers an immigration officer stamping her passport with the words, “Indefinite right to remain”. She grew up in this country, and she has worked and paid taxes here for the last 39 years. Last month, however, she was fired from her job with a local charity that supports migrants and refugees, on the basis that she could not prove her right to work in the UK. It is a bitter irony that someone who has worked to help those at risk because of immigration policies has now fallen victim to those policies herself. Jessica said:

“I have always been a positive person, but this is a terrible situation.”

I do not think that anybody could have failed to notice the oft-repeated use by the former Home Secretary, the right hon. Member for Hastings and Rye (Amber Rudd), of the phrase “compliant environment” last week. However, as my hon. Friend the Member for Garston and Halewood (Maria Eagle) said:

“Whether it’s compliance or hostility, it’s still a policy which has led to this debacle”.—[Official Report, 23 April 2018; Vol. 639, c. 633.]

Gem and Jessica will receive absolutely no comfort if I tell them that, although they have lost nearly everything, the Government did not mean to be “hostile”. That is cold comfort, because let us be in no doubt that this scandal is leaving a legacy of fear and anxiety among the communities and individuals that it has betrayed.

Nevertheless, I welcome the Government’s pledges to waive fees for members of the Windrush generation as they apply for documents and rightful naturalisation, and to scrap the requirement for a citizenship test, as well as the free services that they have created for the victims. Those were absolutely the right things to do, but the problem stems from the policy itself. The “hostile environment” has been hardened over time, in the service of an arbitrary target. That is hardly the way to encourage careful evaluation of an individual’s rights.

The canned response that we keep hearing from the Government is that the Windrush generation are different, or an exception. We know the phrase, “the exception proves the rule”, and there are already new cases coming to light of British citizens from other backgrounds who have been caught up by this Government’s approach. So how many exceptions will it take before the rule is changed? Will cases that do not appear to be Windrush related need to make their own headlines before they are recognised? If so, that is not only nonsensical, but cruel.

The right to appeal through an immigration tribunal was scrapped, for most cases, by 2014. When, on top of that, there is no longer recourse to legal aid, the inevitable wrong decisions are so much harder to challenge. I hope that the new Home Secretary will fix this matter urgently, although I do not hold my breath.

“Regret”, no matter how bitter or heartfelt, cannot take the place of a substantial policy change. It is simply not good enough to redress the consequences each time after the fact. Policy change is the only way to prevent this situation from happening again, but even that will not undo the damage that has already been done; that pain will never go away. The petition that we are considering rightly calls on the Government to take into account “loss & hurt”. The “loss” of a job, of benefits, of medical treatment, of pensions, or of citizenship can be measured.

Emma Reynolds Portrait Emma Reynolds
- Hansard - - - Excerpts

Does my hon. Friend hope, as I do, that the compensation scheme will be put in place sooner rather than later, because some people have been detained, some have been deprived of healthcare and some have been deprived of benefits, and they have also all gone through terrible anguish during the time that this scandal has been going on?

Lyn Brown Portrait Lyn Brown
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My hon. Friend is, of course, obviously right, because we can—possibly—put a financial value on the financial “loss” incurred by loss of jobs, benefits and so on, but the “hurt”—that is, the loss of faith and the impact of the deep betrayal—is much more complex and much more difficult to assess in monetary terms, so I ask the Minister to ensure that whoever is appointed to run the compensation scheme is encouraged to think long and hard about the lifetime impact of these losses.

The Windrush generation undoubtedly made a huge contribution to rebuilding our country; many of them also fought in the war. They came at the Government’s invitation, stayed at the Government’s invitation and worked year after year after year, because they were needed, so there is a real stench of betrayal about these recent events.

I am lucky—so lucky—that I have an amazing family. I have not only Cecil and Lucy, who have done so much for this country, but their children, including my brother-in-law, Colin, who I love to bits, and his daughter, my niece Aimee, who I love more than life itself.

My family have been lucky not to fall victim to the changed immigration laws, but, make no mistake, we are very angry. We are furious. We need more from the Government. We need mistakes to be rectified quickly, with generous compensation, and we need less dangerous policies coming from the Government. It is now time for the Prime Minister, as the architect of the hostile environment policy, to take responsibility, because it is her policy and her watch, and it is for her to be held to account.

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Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank my hon. Friend the Member for St Austell and Newquay (Steve Double) and all right hon. and hon. Members across the House who have participated in the debate. They have spoken with passion, knowledge and indeed determination.

As we can clearly see, there is significant public interest in today’s debate, and rightly so. I thank members of the public who have attended, as well as all those people—nearly 200,000 of them—who added their name to the petition. The debate was obviously scheduled before the tabling of the urgent question, and I am probably at somewhat of a disadvantage compared with those Members who could be in the main Chamber for at least some of the earlier debate. The message conveyed by the new Secretary of State for the Home Department makes it clear that he is absolutely, personally invested in this issue.

Let us be in no doubt about the debt of gratitude that this country owes to the Windrush generation. As my hon. Friend the Member for St Austell and Newquay described in his opening speech, they were invited to come to the United Kingdom immediately after the second world war and in the decades that followed to help us to build modern Britain.

As I said, the new Home Secretary was on his feet in the main Chamber when this debate began. He has rightly made it his clear priority to address Windrush, building on the work of his predecessor, my right hon. Friend the Member for Hastings and Rye (Amber Rudd), who showed commitment to addressing the issue. It was a pleasure to work with her in the Home Office, and I look forward to supporting the new Home Secretary in continuing that vital work.

I would like to do justice to the comments, questions and individual cases raised by Members this afternoon. All of them are important. Many Members will have noticed that I took copious notes throughout the debate, but I mention first the right hon. Member for Tottenham (Mr Lammy) even though, somewhat shamefacedly, I wrote very little about his contribution. That is because I preferred to listen—to his passion and to his determination to convey to me, Members, the public and the Government how strongly he feels that we must right this wrong. We are determined to do so.

I congratulate my hon. Friend the Member for Cheltenham (Alex Chalk), who is not in his place, on his tone. In fact, I congratulate all hon. Members who have contributed on their tone. There has been real consideration of the issue and real determination to convey the message to me as powerfully as possible. I therefore wish to start by saying that of course I feel shame and of course I am deeply, deeply sorry.

The hon. Member for Mitcham and Morden (Siobhain McDonagh) raised three cases, highlighting real and personal stories, which were similar to the personal stories that I heard over the weekend when I was in Croydon and in Sheffield with caseworkers who are on the frontline, doing their best to help people through the process. I have to say that I was very impressed with the determination of those caseworkers to be sympathetic and understanding, and to talk people through the process as gently as they possibly could while at the same time enabling them to give their stories and to provide a picture of their life in the UK—helping them through a process with which we should have been helping them much earlier.

We cannot fail to be moved and to be ashamed when confronted with the individual stories, but as a result, be determined to get the wrong righted, to sort the cases out and to make sure that the legal status is confirmed. The hon. Member for Mitcham and Morden (Siobhain McDonagh) mentioned three cases; we have done a very rapid trawl of those appointments that are already scheduled and I believe that one of those cases will hopefully be resolved tomorrow.

It is important that we as Members convey to our constituents and to the public at large the fact that this process is designed to be constructive and to help. When I first spoke on this issue, I tried to impress on everyone the fact that we needed to have confidence built in the system, so that people would have the courage to come forward. Undoubtedly, the strongest advocates are the people who have been for their interviews and had their status confirmed, who have been willing to speak to the media to confirm that that has happened.

My hon. Friend the Member for North Dorset (Simon Hoare) spoke of the melting pot of Cardiff; I represent part of the city of Southampton, another area that has a very large port. I was very fortunate last Thursday night to go and meet, albeit in the road that crosses the edge of the constituency, one of my constituents called Don John, who for many decades has been a leader of the Caribbean community in Southampton.

I discussed the issue with him, knowing very well that this weekend, the hon. Member for Bristol West (Thangam Debbonaire) was holding an event in her constituency attended by Home Office officials, in order to give confidence to those from Bristol who might be affected that the Home Office is there to help. I said to Don on Thursday night, “Let’s see how the event in Bristol goes, but what I can do as a local Member is to make sure that people in Southampton have the opportunity to have an event. I will make sure that there are Home Office officials there.” I say that to all Members: where there is a significant community that they think will be affected, let us reach out to communities; let us not be just a reception centre in the various places that we have up and down the country; let’s make a real effort to go to communities and make sure that events take place in places that are comfortable for people.

I am the first to acknowledge that there can be barriers to coming and making contact with the Home Office. Working with my right hon. Friend the new Home Secretary, they are barriers that I am determined to beat down, because they should not be there.

Lyn Brown Portrait Lyn Brown
- Hansard - -

I am genuinely delighted to hear what the Minister has to say. She is a very competent Minister, but there is an issue of trust. I do not see my communities beating their way to her door, because that trust has been badly damaged.

Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

The hon. Lady is absolutely right to talk about trust, which is why I take her comment on the chin. We have a duty to rebuild that trust, and I am determined that we must do so through demonstration and through action, and through an assurance from me and those working on the taskforce that no case will be passed to immigration enforcement. When somebody contacts that helpline, we have absolutely undertaken that none of those details will be passed on to immigration enforcement.

--- Later in debate ---
Peter Bottomley Portrait Sir Peter Bottomley
- Hansard - - - Excerpts

Will the Minister give way?

Lyn Brown Portrait Lyn Brown
- Hansard - -

rose—

--- Later in debate ---
Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

I thank my hon. Friend for making that point, which I have made to officials. I was very concerned that people might be turned away at airline desks. We absolutely must not let that happen. Equally, the Border Force in the UK has to understand that this is a generation of people to whom we owe a duty to get things right from this point forward. We cannot allow this dreadful situation to arise again.

Lyn Brown Portrait Lyn Brown
- Hansard - -

On the issue of trust, my constituents are concerned that deportations are continuing, despite our debating the issue and despite reassurances from the Minister, the Home Secretary and the Prime Minister. One of my constituents, Zita, contacted me to ask about flight PVT070, which she tells me is about to go to Jamaica with people on board who are being deported.

Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

indicated dissent.

Lyn Brown Portrait Lyn Brown
- Hansard - -

I would be grateful if the Minister put that shake of the head into words and on the record.

Caroline Nokes Portrait Caroline Nokes
- Hansard - - - Excerpts

It is absolutely not. We are looking very closely at all our enforcement practices to make sure that nobody can be impacted in this way, and that is crucial.

County Lines Exploitation: London

Lyn Brown Excerpts
Wednesday 17th January 2018

(6 years, 10 months ago)

Westminster Hall
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Joan Ryan Portrait Joan Ryan (Enfield North) (Lab)
- Hansard - - - Excerpts

I beg to move,

That this House has considered county lines exploitation in London.

It is a pleasure to serve under your chairmanship, Dame Cheryl. I thank all hon. Members who are here to participate, and in particular my hon. Friend the Member for Stockport (Ann Coffey) for her support before this debate and for her important work as chair of the all-party parliamentary group on runaway and missing children and adults.

London gangs and criminal networks from other major cities are aggressively expanding their illegal enterprises. They are flooding suburban and rural areas as well as market and coastal towns with drugs. They co-ordinate their sales through dedicated mobile phone lines in a practice known as county lines activity.

The latest National Crime Agency report reveals that,

“there are at least 720 lines across England and Wales”,

with

“at least 283 lines originating in London.”

Worryingly, the report states:

“The actual number may well be considerably higher, as many of these areas are likely to have more than one line.”

London is the major urban source of county lines activity, and I will consider how the Met police, local authorities and other agencies in Enfield and across the capital are working to address it. It is spreading out from London and other urban areas, however, to reach into every area of our country. It is a national issue that demands a co-ordinated, nationally funded response that focuses on policing and children’s services.

County lines activity is having a terrible, damaging effect on young people, vulnerable adults and local communities. Children from my constituency and beyond are being exploited by gangs and forced to transport class A drugs, weapons and money great distances away from where they live.

Between November and December 2017, at least nine children from Enfield were reported as missing. Enfield police issued a statement to reassure the public that the borough was,

“not experiencing a disproportionate amount of missing teenagers.”

That was undoubtedly true, but I know from the messages and emails I received that the public were not reassured. If nine missing children in a matter of weeks is not disproportionate and there are 32 London boroughs, that is very frightening. There was genuine alarm about what was happening to those children and speculation that county lines exploitation could be involved.

It is not only vulnerable children and teenagers who are affected. Gangs are taking over the homes of vulnerable adults in those areas to set up drug dens—a process known as cuckooing—often through violence and coercion, or in exchange for free drugs. Many communities affected by county lines activities are reporting a rise in knife crime offences, violent crime and drug use.

The Government acknowledge that,

“County lines is a major, cross-cutting issue involving drugs, violence, gangs, safeguarding, criminal and sexual exploitation, modern slavery, and missing persons”.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
- Hansard - -

Does my right hon. Friend agree that one of the good advances that we have made over the past year has been to understand that some of our children are being coerced into those gangs? Is she pleased, as I am, that the modern day slavery legislation is being applied in such cases so that those children are understood, rather than condemned?

Joan Ryan Portrait Joan Ryan
- Hansard - - - Excerpts

Indeed, I will come to that later. As pleased as I am about the modern day slavery legislation, it has been used very little. In fact, I think there has been only one case, which I will refer to. We need to bear it in mind that those children often do not see themselves as being exploited. They think, “I’m doing rather well here. I’m getting money in.” If they are not cared for children, they feel cared for by their exploiters.

The Government acknowledge that,

“the response to tackle it involves the police, the National Crime Agency, a wide range of Government departments, local government agencies and VCS (voluntary and community sector) organisations.”

However, they must also acknowledge that county lines activity is putting our vital public services in London and across the country under even greater strain. Our health and social care services, police forces, schools and youth clubs are trying to tackle this growing menace at a time of Government-imposed austerity and severe funding cuts to their budgets.

The way in which county lines activity is being carried out changes all the time—the use of social media as a recruitment tool is one recent development. Authorities require the resources to respond dynamically to those changes and be innovative. I call on the Government to establish a national, co-ordinated, inter-departmental and inter-agency strategy to tackle county lines activity. I urge the Government to ensure that they provide our public services and local authorities with the support and financial resources they need to end the exploitation of some of our most vulnerable children, young people and adults.

London is the exporting hub from which county lines activity flows into almost two thirds of police force areas across England and Wales. Every day, older gang members in the capital prey on vulnerable children and young adults, many of whom are from troubled backgrounds, have been excluded from school or are suffering from mental health problems.

It is particularly concerning that almost half the police forces in England and Wales have reported,

“that individuals involved with county lines came from care homes”.

All too often, we take less notice of the safety and security of children who are in care. From cases such as Rotherham, we already know what happens when warning signs of abuse and exploitation are missed or ignored. We cannot allow that to ever happen again.

Vulnerable children as young as 12 are being groomed by county lines gangs with promises of money, companionship and respect. In reality, they are often forced to go missing from home for long periods of time; they are used as drug mules with their orifices plugged with class A drugs, predominantly heroin and crack cocaine; and they are trafficked to remote areas and forced to deal drugs in squalid conditions. At all times, they are at great personal risk of arrest by the police—in fact, probably the only time that they are really safe—or of physical and sexual abuse from older gang members, local drug users or rival gangs.

We must remember that this activity is associated with a lot of extreme violence. These are cases of modern day slavery. We have seen harrowing cases of vulnerable adults whose homes have been turned into drug dens by urban gangs, such as one individual who was held hostage in their own home and prevented from using their own toilet. Those vulnerable people, young children and adults, are in desperate need of our help.

The National Crime Agency, which has reported on county lines activity since 2015, acknowledges that there

“remains an intelligence gap in many parts of the country”.

It states:

“A clear national picture cannot be determined currently”

of accurate levels of exploitation and abuse carried out in county lines activity in many parts of the country.

Lyn Brown Portrait Lyn Brown
- Hansard - -

One of the most shocking stories I heard was from a mum whose child had been on the county lines. She told me how she had been trying to stop him, but how he would just come home for a rest before going off again. What was most shocking was that child protection professionals were completely and utterly unaware of him. The gangs played the system really well: social services considered her a bad mum because of the unreasonable demands she was making on her son to stay at home.

Joan Ryan Portrait Joan Ryan
- Hansard - - - Excerpts

Absolutely; so much more needs to be done. Let us remember that county lines are somewhat below the radar: we might know about them, but the response to the Twitter reports about missing children in Enfield caused something of a public panic. The public do not know about the issue, so there is not enough pressure to introduce policies to deal with it. Drug dealers like nothing better than operating in the dark, under the radar. Young people especially may not recognise their exploitation.

It is clear that we need to understand the creation, recruitment, opportunities, risks and scale of county lines so much better if we are to address the issue. I therefore urge the Government to commission comprehensive and rigorous research to pull together up-to-date police and local authority data to achieve that aim. After all, how can we hope to tackle the problem unless we understand its true scale? As the NCA’s head of operations for drugs and firearms threats, Vince O’Brien, says:

“This is a national problem…there is still no national response.”

Gangs are aware of the intelligence gaps. County lines activity is exposing the challenges of dealing with offenders who operate across police force boundaries. Part of the problem relates to police forces’ ability to work together.

Operating across county lines is a fantastic business model for the gangs, because they are opening up new markets and operating below the radar. They have no competition at the early stages of their operation, and very low overheads because their business is based on using vulnerable children and young adults as slaves. In Enfield, a young person who is absent from school may be regularly reported as a missing person, but in Essex the same child could be deemed by the local police to be a street drug dealer or to have been forced into street prostitution. It is very likely that the two police forces could be operating in isolation from each other. Which is responsible for taking the lead? Do we need cross-border crime squad teams, like the old national crime squads?

Progress can be made by improving how Departments and other agencies share data. In spite of the lack of national leadership on the issue, councils across London, led by Islington’s lead member for children and families, Councillor Joe Caluori, have taken proactive steps to understand the county lines that originate in their own boroughs. They are working together to cross-reference data and identify areas where further information and action are required.

My hon. Friend the Member for Lewisham East (Heidi Alexander) may want to go into this in greater detail, but police in Lewisham have also done innovative work by looking at the numbers of missing young people over the previous 12 months, identifying those who may be at risk of exploitation and uploading their information to the police national computer. That means that Lewisham police will be contacted if any of those at-risk young people comes into contact with another police force, which will build a fuller picture of the scale of county lines activity.

I welcome the Government’s implementation of new drug dealing telecommunications restriction orders, which allow the police to shut down phone numbers used for county lines drug dealing. However, while that is an important step forward, how much disruption will it actually cause? How long does it take for a county lines dealer to simply get another phone and begin sending drug offers to their original contact list? A lot more needs to be done to address the problem at its root.

I am concerned that major questions about county lines remain unanswered. The county lines model is being changed all the time. We know that social media are used to recruit children and young people, but do we know enough? Is there enough research and is it moving at the right pace? There also needs to be a much stronger focus on prevention. By the time the police become involved, it is often too late to prevent irreversible harm from being done to a vulnerable child or young adult, or to ever extricate them from the world they have become involved in.

All Government agencies and local authorities need to be able to recognise and act on the warning signs for victims of county lines exploitation. That requires proper funding from central Government, but the reality is that health, social and children’s services are being pushed to breaking point by the Government’s austerity agenda. In Enfield, the Government have slashed £161 million from the council’s budget since 2010, and the council is required to make a further £35 million of cuts by next year. Immense pressure is being placed on Enfield’s public services at a time when they are already struggling to support a rapidly growing population. How do we expect councils and other agencies to implement strategies to prevent county lines exploitation, when their resources are being cut year on year? I ask the Minister not to simply pass the buck to local authorities by telling us about raising the precept. Hard-pressed Londoners cannot make up the funding gap, and nor could raising the precept. That is not a solution and should not be put forward as one.

Home Office guidance states that tackling county lines will involve working with groups such as voluntary and community sector organisations, providing meaningful alternatives to gangs. What we need is meaningful actions; warm words just will not do it. The stark reality is that the Government cut £387 million from youth service spending across the country between 2010 and 2016. Government cuts to London councils have slashed youth service budgets by £22 million since 2011, leading to the closure of 30 youth centres and the loss of at least 12,700 places for young people. If the Government are serious about tackling county lines exploitation, there needs to be greater investment in youth clubs for children and teenagers and in children’s services across the board.

A standout example of best practice to tackle county lines in London is Project Denver, an initiative piloted by the Met’s Trident gang crime command unit in Enfield between October 2016 and January 2018. The project’s objectives are to dismantle one of the most violent county lines gangs in London, to identify vulnerable people who are at risk of exploitation, and to prosecute the gang members responsible. The team assigned to the initiative is made up of specialist Trident officers and local police from Enfield and other affected forces, working alongside Enfield Council and other councils within and outside London. So far, 20 operations have taken place, leading to more than 100 arrests and the identification of more than 50 vulnerable children and adults. The gang has now largely been dismantled. Formerly one of the most harmful gangs in London, it is now ranked outside the top 20.

--- Later in debate ---
Heidi Alexander Portrait Heidi Alexander
- Hansard - - - Excerpts

I have some sympathy with what the hon. Gentleman says, because I think that what happens in prison to rehabilitate offenders and to take them off the path that they are on is just as important as how many years they spend there. I am not sure at the moment that the system operates correctly, so I have some sympathy with his point. However, the point I am making is about the scale and significance of the activity in one part of London, and the action that is being taken by the local authority and the police to try to tackle it. As I will come on to say, that is very difficult in a time of constrained resources and with the funding pressure that the Metropolitan police and local authorities such as Lewisham are under.

As I was saying, I get the sense, from talking to police and council staff, that they are frustrated in trying to tackle the problem. A number of years ago, there was an operation called Operation Pibera, in which the local authority, in conjunction with the CPS and the police, tried to bring charges of trafficking under the Modern Slavery Act 2015. Unlike Enfield, they were not successful in securing those prosecutions. They wanted to bring those charges because the sentences associated with that sort of conviction would be longer than for the other lesser offences with which the individuals could have been charged.

The guys who are in control of the activity and who are luring, and sometimes coercing, children, teenagers and vulnerable adults into getting involved should feel the full heat of the law. They are people who will stab someone who wants to get out of doing the drug running. They are taking advantage of kids and adults with mental health problems by, in effect, getting them to do their dirty work. It is despicable, and rather than simply going for the low-hanging fruit of charging the individuals found with the drugs or the money on the day, there needs to be a mechanism in place to hold the guy at the top responsible.

As I understand it, the Modern Slavery Act was drafted primarily to deal with problems around individuals forced into sex work and domestic servitude. The running of drugs along county lines is different. Some of the underlying principles may be similar, but I would be interested to know whether the Minister agrees that it might be sensible to review whether amending the Act could make it easier to bring successful prosecutions, to ensure that those calling the shots on the county lines are held responsible.

It has been put to me that one of the changes that might be considered is changing the law to require the police and the CPS to prove, in relation to drug offences committed by, for example, teenagers on the county lines, that they were not being exploited, but were knowingly and willingly involved in the activity. The Minister would need to consider that issue in the round, but I would be interested to know whether she is looking at amending the Modern Slavery Act in any way. I believe that some 14-year-olds will know exactly what they are doing, but others will be victims, and we need to take our responsibilities to those children and young people seriously. Just because they might not be cared for, that does not mean that they do not matter.

Lyn Brown Portrait Lyn Brown
- Hansard - -

I am grateful to my hon. Friend for giving way; everybody has been very generous this morning. One mum told me what she had heard about how county lines were being run. She told me about the provision of a gift such as trainers to an individual, which is then considered to be a drug debt that has to be paid back. When the child goes on the county run to pay back the debt, they are robbed by the very people who sent them out, which means that the debt gets higher and higher, and the child has to work it off. They cannot go to their parents to ask for money to pay off the drug debt, because they are often not wealthy people, or the individuals simply do not want to burden their parents by asking for that kind of money. It is coercion and slavery, whichever way we look at it.

Heidi Alexander Portrait Heidi Alexander
- Hansard - - - Excerpts

My hon. Friend highlights the precise problem.

How we prosecute individuals involved in this crime needs attention, but so do the tools that the police and local authorities have at their disposal to detect and disrupt such activity. I know that the Government recently introduced regulations to allow the police to apply to a court to close down the mobile phone being used to receive the drugs orders, for want of a better word for them. I know that those regulations were introduced only in December, but it would be helpful to receive an update from the Minister on whether any such applications have been made, and whether they have been successful.

Will the Minister say what resource is being given to the Metropolitan police, the National Crime Agency and local authorities in London to ensure that the basic tasks that are needed to track and monitor such activity can be carried out comprehensively and in a timely fashion? I know that Lewisham Council is keen to do more work on a pan-London basis, looking at how statutory agencies might use social media more effectively to track and predict county lines activity, but that, of course, needs to be funded.

It also seems to me that the work done by councils and the police in big cities such as London to educate young people about how to stay safe is absolutely critical. We teach young people road safety. We need to have the same focus on bullying, knife crime, drugs and healthy relationships in our schools. We can pretend that this is not happening, but that is not doing anybody any favours. We also need to ensure that parents are involved in that conversation. All of that costs money and my genuine concern is that it is money that local authorities and the police do not have.

In my first term as a Member of Parliament, I visited the parents of three boys who had been stabbed to death in my constituency. I never want to do that again. My fear is that the postcode wars of seven or eight years ago, where gangs were defined by territory and violence escalated through revenge stabbings, are being replaced with gangs running drugs down to different parts of the country. The outcomes—people being stabbed and poor kids living in fear—are exactly the same. I do not want children growing up in Lewisham to have that on their plate. We need to find a way to join up the pieces of this jigsaw puzzle, treat children as victims when they genuinely are, take tough action against the ringleaders and find a way to stop the problem spreading. It already ruins too many lives in places such as Lewisham. The least we can do in this place is to try to work out a way to tackle it.

Corrosive Substance Attacks

Lyn Brown Excerpts
Wednesday 20th December 2017

(6 years, 11 months ago)

Westminster Hall
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Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
- Hansard - -

I beg to move,

That this House has considered the Government response to corrosive substance attacks.

It is a pleasure to serve under your chairmanship, Mr Bailey. I welcome the new Minister to her post. From the little I know of her, I trust that we will have a good and constructive debate today.

Sadly, Newham has been labelled as the acid attack capital of Britain, and the extent of the problem has made headlines not only locally, but nationally and internationally. It is not a reputation that my right hon. Friend the Member for East Ham (Stephen Timms) or I embrace for our borough. The challenge posed by the attacks is undeniable, and an effective response is urgently needed. There have been 82 attacks using corrosive substances in Newham in the past year; in the whole of London, there were 449 attacks. Since January 2012, the number of acid attacks in London has gone up by a horrifying 550%.

The police have flagged 14% of the attacks this year as being gang-related, 22% as robberies and 4% as being related to domestic abuse, but even my maths tells me that the data is therefore incomplete and we do not have a full picture. We need a clear picture of what is going on and the motivations behind the attacks if we are to create an effective remedy to them.

Members will not need to be reminded of the horrifying damage that corrosive substances can do to the human body or the psychological trauma that inevitably follows. We should not forget the fear of attacks, which can be corrosive within communities. Throughout this year, I have heard from constituents whose lives have been blighted by fear. Some have told me that they are afraid to leave their homes. They tell me stories about home invasions or carjackings where corrosive substances have been used to terrible effect. Whether such stories are an accurate reflection of events or simply urban myths is almost irrelevant; people are living in fear, and that is utterly destructive.

I want to start today by talking about victims. Katie Piper was attacked in 2008 by an accomplice of her then boyfriend Daniel Lynch. He was driven by misogyny, narcissism and a dangerous need for control. He had previously raped, assaulted and imprisoned Katie in a hotel room for more than eight hours. Lynch conspired with his accomplice to attack Katie with acid in the street. She was approached and high-strength acid was thrown directly over her head. Katie’s face had to be completely rebuilt by cosmetic surgeons. How she felt is encapsulated in this quote:

“When I held the mirror up I thought someone had given me a broken one or put a silly face on it as a joke. I knew that they’d taken my face away and that it was put somewhere in a bin in the hospital, but in my head I assumed I’d look like the old Katie, just with a few red blotches…I wanted to tear the whole thing off and make it go away. There was nothing about me that I recognised. My identity as I knew it had gone.”

Katie’s courage and her will to survive and thrive are simply amazing. She has had to undergo more than 250 surgeries since the attack. Understandably, she still has bad days, but she has transformed her life. She now dedicates herself to improving the lives of other acid attack survivors, partly by telling her own story of survival and partly by funding groundbreaking cosmetic procedures through her charitable foundation. I wanted to start by revisiting Katie’s story, because victims like her need the Government’s help. It is important that the policy response to the issue should be comprehensive and effective. I ask the Minister to remember Katie’s story, because the use of acid as a tool of the misogynist could be forgotten as we talk about access to corrosives, the concentrations they can be sold at and the legal responses to this crime. Our policy responses have to be broad and preventive, but we also need a victim-focused strategy.

The Government have made a number of policy announcements in the months since we last had the opportunity to discuss corrosive substance attacks in this place. Consultation has just finished on several proposed new offences, all of which are designed to bring the law around the possession and use of corrosive substances into line with the law on knives. That is exactly the right principle; I and other colleagues have been calling for that, and victims want to see it put into place quickly. I strongly welcome the announcements, and I hope the Minister will be able to tell us when the new offences will be brought on to the statute book.

An area where more action is necessary is the sentencing of those found guilty of these horrific crimes. In late July, the Crown Prosecution Service announced that it would be seeking much tougher sentences for offenders who use corrosive substances across every category of the existing law, and that is welcome. As we know, sentencing is a matter for judges, based on Sentencing Council guidelines. Campaigners have argued for years that the sentences handed down are inconsistent and often far too light. Will the Minister clarify what is happening in that area? I know it is not in her brief, but unless the Sentencing Council takes action, the welcome shift by the CPS may not have the intended effect.

The first steps that the Government have taken have been promising, but they are playing catch-up. A number of changes to the law were made in 2015 as part of the Deregulation Act 2015—the red tape bonfire. The Act scrapped the obligation on sellers of dangerous substances, including acids, to be registered with their local council. That was despite opposing advice from the medical experts and the Government’s own advisory board on dangerous substances. I fear that those changes are partly responsible for the rise in acid attacks. Removing the licensing system allowed the big online retailers and a wider range of small shops to sell these dangerous products, making it easier for corrosive chemicals to be accessed by criminals and children alike. It would be appropriate for the Minister to comment on that abolition of regulation. Does the Home Office stand by it, or does it now accept that there perhaps were unintended consequences?

Let me help with the thinking. The Minister must be aware that it is currently extremely easy to buy the corrosive chemicals, such as concentrated sulphuric acid, that have done so much damage. They can now be bought by anyone from any kind of retailer, subject only to a standard labelling instruction and a requirement to report “suspicious transactions”. There are a number of practical problems with that requirement. It is unlikely that it has any success at all in preventing attacks. The responsibility to report suspicious purchases exists for all retailers, including massive and impersonal online retailers. As a matter of practicality, how are such companies going to assess whether a purchase is suspicious?

The guidance that the Home Office has produced does not contain any specific recommendations for online retailers that would solve the problem. The general recommendations it offers are not realistic for online sellers. The current guidance is in the “Selling chemical products responsibly” leaflet, but that was published in 2014, so it does not reflect the changes made in the 2015 Act. It contains a list entitled “How to recognise suspicious transactions”. The signs listed include noticing that the customer

“Appears nervous, avoids communication, or is not a regular type of customer”,

and

“Is not familiar with the regular use(s) of the product(s), nor with the handling instructions”.

How is an online retailer supposed to use that guidance? They do not have access to face-to-face communication and do not ask detailed questions before accepting an order.

It is equally unclear how the Home Office checks that the reporting requirements are being complied with, even by local retailers. I asked the Home Office about that previously, and the Minister’s predecessor said that test purchases are a tactic sometimes used by the Home Office. The Government are vague about whether any test purchases have actually taken place; I think they should have done some to monitor compliance with the regulations after two years. There is also no evidence that the law has ever been enforced by the taking of a retailer to court for failing to put procedures in place to stop suspicious transactions.

The Government implied that answering my written questions properly would jeopardise operational security. Really? I honestly cannot see how that can be true. I do not want names and dates. I just want an indication of whether there is a programme of test purchases to monitor the suspicious purchases requirement. I do not expect that information this afternoon, but I hope the Minister will provide more information about it soon.

Thankfully, Newham Council is taking steps to address this issue in the absence of legislation. It is working with the Met and local retailers, and recently launched a scheme encouraging shops voluntarily to restrict the sale of acid and other noxious liquids to young people by challenging their age. Some 126 retailers are participating in the scheme thus far, and I hope it will provide an effective stopgap to prevent easy local access to corrosive chemicals. The Minister will be aware that such schemes have limits—they are voluntary, they are restricted to a relatively small geographic area, and we cannot rely on the force of the law to enforce them—so I fear that stronger regulations are needed quickly.

The Poisons Act 1972, as amended following the bonfire of 2015, creates a category of substances known as “regulated poisons”, which require a licence for purchase. Sales must be restricted to those presenting a photo ID. The simplest and most effective way to limit access to dangerous corrosive chemicals is to move them into the regulated poisons category. I am sure that can be done simply through a non-contentious statutory instrument. The Government say that they plan to move concentrated forms of sulphuric acid into the regulated poisons list. I welcome that, but when will it be done?

Furthermore, as the Minister will know, sulphuric acid is far from the only corrosive substance that can inflict serious trauma. The British Burn Association advised me that the strongest-level restriction should apply, at a minimum, to phosphoric and hydrochloric acids and to the alkalis sodium hydroxide and ammonia. The Met performed forensic testing on 28 samples from corrosive incidents between October 2016 and March this year, and 20 contained ammonia, which is not regulated. Hydrofluoric acid is also extremely dangerous. Exposure to it on as little as 2% of a person’s skin can kill. It, too, is currently not subject to licensing.

All the chemicals I mentioned can currently be bought without a licence and from unlicensed retailers. The evidence about exactly which chemicals are being used in corrosive attacks is not fully clear. Even if most recent attacks have involved a smaller range of chemicals, such as sulphuric acid or ammonia, a broad approach is obviously needed. The regulations need to cover every corrosive substance that poses a threat to our communities; otherwise, those wishing to use corrosives as a weapon will simply switch from one chemical to another. I accept that there might be a problem with definitions—we faced that problem in relation to the Psychoactive Substances Act 2016—but we need to look at this issue properly and in the round.

Campaigners have suggested a number of promising reforms to the regulations. For example, purchasers of poisons could be restricted to those willing to use a bank card, which would link purchases to individuals and aid criminal justice professionals with investigations and prosecutions. Raising the chance of being caught after committing an attack would hopefully increase the deterrent effect. I would like to hear from the Minister whether that is one of the changes that the Home Office is considering. Given the extent of the increase in attacks and their impact, we cannot be content with token changes to the rules that make no difference to the availability of dangerous chemicals to perpetrators. Any new restrictions have to be effective in practice.

I am sure hon. Members know that there is no age restriction on purchases of dangerous chemicals. As news reports and Met briefings have indicated, many of the suspects identified in connection with corrosive attacks in recent months have been under the age of 18. I am pleased that the Home Office is now consulting on a new offence of supplying people under 18 with certain corrosive substances, but sadly it has been unclear about three essential elements. We have not heard yet which substances the Government have in mind in connection with under-18 sales or what the process will be for putting that list in place, and as with other issues I have raised today, we have no timescale.

These decisions need to be made clearly, transparently and in a way that allows for parliamentary scrutiny. The system we use for implementing and amending the schedules for illegal drugs might be a good model, because it allows for scrutiny on the basis of the Advisory Council on the Misuse of Drugs’ expert advice. Before the 2015 deregulation, there was a permanent advisory body on toxic chemicals called the Poisons Board. If it had not been bonfired, it could have played a similar role to that of the drugs advisory council.

I hope the Minister will reflect on the need to maintain scientific expertise and links with victims’ advocates to ensure policy keeps apace with the situation on our streets. If the Government do not want to re-establish the Poisons Board, they need to ensure they have a team within the Home Office that has the resources, time and expertise necessary to keep track of the situation and do this important work.

We also need to consider the effectiveness of our first responders—our police officers, ambulance crews and fire fighters. Thanks to changes made by the Met earlier this year, rapid-response cars are now more likely to carry bottles of water, and the fire service is more likely to be called on to help with corrosive injuries in London. Quickly applying water to a corrosive injury can make a big difference, but specialist rinses, such as Diphoterine, are designed to do that job better than water alone. I want that option to be fully considered. Victims of such attacks deserve the best possible chance of a full recovery from their ordeal. Just to be clear, Diphoterine is not cheap, so that change would cost money.

Before I finish, I want to return to my point about the impact of the changes made in 2015. I genuinely cannot see any reason not to have licensing on both sides of the transaction—for sellers as well as buyers. That seems a straightforward way to maximise public safety. I believe that a comprehensive review of the regulations is needed to answer the questions I have raised, so that future changes are timely, realistic and effective, and to ensure that every aspect of the problem is considered.

As Katie Piper’s case should remind us, corrosive substances have long been used as a tool of misogyny against women and girls. Although stronger regulation and improved criminal laws should help with such crimes, unfortunately they will not solve the problem on their own. We need a longer-term strategy to deal with the root causes of the recent upsurge in youth and gang violence. We also need a strategy to deal with the violence within relationships, primarily against women and girls, which has long been a common feature of corrosive substance attacks in the UK and around the world. Survivors of such attacks deserve to know that the problem will be understood, that the Government will see it resolved and that people in my community will no longer live in fear.

I look forward to hearing from the Minister about her plans to make changes and her timescales for them. I commit to working with her to ensure that effective improvements to policy can be made quickly and in a way that works for our communities. I accept that she might not yet have considered some of the things I have raised this afternoon and so might not have a note in front of her, but I am happy to receive something in writing at a later date.

Adrian Bailey Portrait Mr Adrian Bailey (in the Chair)
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For your guidance, I intend to call the first Front-Bench spokesperson at 3.30 pm, subject to any interruption from votes in the main Chamber. That should give ample time for Back Benchers who wish to contribute to do so, but take more than 12 or 13 minutes and I might start to get a little fidgety because that would take time from subsequent speakers. Bear that in mind.

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Victoria Atkins Portrait The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
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It is a pleasure to serve under your chairmanship, Mr Bailey, and I thank hon. Members for their kind comments about my new position. It has been a pleasure to listen to the debate initiated by the hon. Member for West Ham (Lyn Brown), who has run a concerted campaign on this issue, together with the right hon. Member for East Ham (Stephen Timms). Sadly, that campaign has been through necessity: we heard today about the terrible incidence of acid and corrosive substance attacks in the borough of Newham. I put on the record my appreciation of the efforts to which they have gone to represent their constituents and try to ensure that we address this issue as quickly and effectively as possible. I am grateful to all other Members who have contributed to the debate. Its tone has been one of agreement, which I hope will continue through our dealings on this matter.

Sadly, there is increasing evidence of a growth in the number of corrosive attacks, many of which are in London. It was also interesting to hear from the hon. Member for Strangford (Jim Shannon) about the international perspective. We are not the only country to experience this issue, but we must recognise that a particular problem is emerging in parts of London. These appalling crimes can result in huge distress and life-changing injuries for victims and survivors—and, of course, their families; if a loved one suffers those injuries, that impacts on their family members as well.

No one can have failed to be moved by the experience of Katie Piper. The hon. Member for West Ham cited Katie as saying that she felt as though her face had been taken away and was in a bin in hospital, and that those people had taken her identity away. That is heartbreaking, and sums up the issue in just two sentences.

The Government are determined to work with the police, retailers and local authorities to stop such things from happening, but we cannot pretend that that will happen overnight, or that there is just one solution. That is why in July the Home Secretary announced an action plan based on four key strands: ensuring effective support for victims and survivors; effective policing; ensuring that relevant legislation is understood and consistently applied; and working to restrict access to acids and other harmful products. The Home Office, police, retailers, local authorities and the NHS have been working hard since the launch of that action plan to bring those four strands into action.

Let me consider the last of those four strands, which is restricting access to these substances in the first place. By definition, if we make it as hard as possible for young people to get hold of acid and other substances before they go out on the street or into a night club, that will prevent the harm that follows. We have reviewed the Poisons Act 1972, and on 3 October the Home Secretary announced the intention to include sulphuric acid on the list of regulated substances. That will mean that above a certain concentration, it will be available for purchase only with a licence held by a member of the public.

Colleagues have pressed me about when that will happen. I am told that it will be as soon as possible, subject to parliamentary time, but I am conscious of the need to move this matter forward as quickly as possible. I am grateful that this debate will show that there is the will in the House for that to happen. We will continue to review the Poisons Act 1972 to ensure that the right substances are controlled in the right way. We have also developed a set of voluntary commitments for individual retailers.

Lyn Brown Portrait Lyn Brown
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I am pleased to hear what the Minister is saying, but I ask her to commit to look again through my speech after today—on Christmas day, obviously!—and note down some responses to my more detailed questions. I genuinely welcome her commitment on sulphuric acid, but in reality, if we restrict only sulphuric acid, those who are using and weaponising corrosive substances will find a different poison of choice with which to continue their campaign. Acid can be carried through a knife arch or in an innocuous water bottle. Just restricting sulphuric acid will not be enough.

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

I am grateful to the hon. Lady for her intervention, and I will move on to the more detailed points of her speech. My speech is a bit of a patchwork, and I am conscious of time. I want to allow her to respond formally to the debate, but I hope that she will glean from parts of my speech the intention of the Home Office at this stage.

We hope to announce a set of voluntary commitments shortly. They have been developed with the British Retail Consortium and tested with the Association of Convenience Stores and the British Independent Retailers Association to ensure that they are proportionate and workable for any size of retailer: large, medium and small. I encourage all retailers to sign up to those commitments once they are in place—indeed, I would be grateful if hon. Members would encourage retailers in their constituencies to sign up to them.

I also commend those retailers who have created their own voluntary initiatives. The right hon. Member for East Ham mentioned 126 in Newham, and I commend and thank them for taking such steps. But we know this has to be co-ordinated, which is why we have not only voluntary commitments but other plans further down the line. We hope that that will make a real difference on the street.

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Lyn Brown Portrait Lyn Brown
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I am grateful for what has been a really good debate. I thank all hon. Members who came and contributed. The substantive contributions by everybody to a person were valuable, so I thank everyone, especially on effectively our last day of term. That goes to show the commitment and work ethic of hon. Members.

I say gently to the Minister that I am not currently reassured that we are making sufficient progress in a timely manner. I am not reassured that the voluntary processes she outlined will have the kind of impact I would like to see for my constituents. What Newham Council—this little red dot in the east of London—is doing is wonderful, but as she will know we have massively good transport links in London. If other local authorities will not take their responsibilities as seriously, it will not be hard for some little tyke in Newham to access those corrosive substances from elsewhere.

The Minister has made a good fist of it, given that this is her first time out. I gently ask that she reviews the content of the contributions. We heard a number of questions that have remained unanswered and I would be so grateful to her if she looked at those. I thought I dealt with the weaknesses around suspicious substances reports with irony and gentle humour. Perhaps next time I will be a little more direct and say, “It’s rubbish, and frankly it needs to be properly looked at.” Frankly, one can buy anything one wants online without having to be asked by anybody what one’s intentions are or having good eye contact and so on. I must admit that the leaflet reminded me a little of the ones put out about a nuclear explosion.

Nevertheless, I wish everybody here a merry Christmas and a happy new year. I look forward to hearing in due course a substantive comment on my speech from the Minister.

Question put and agreed to.

Resolved,

That this House has considered the Government response to corrosive substance attacks.

Draft Drug Dealing Telecommunications Restriction Orders Regulations 2017

Lyn Brown Excerpts
Tuesday 21st November 2017

(7 years ago)

General Committees
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Victoria Atkins Portrait The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
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I beg to move,

That the Committee has considered the draft Drug Dealing Telecommunications Restriction Orders Regulations 2017.

It is a pleasure to serve under your chairmanship, Mr Wilson. The regulations respond to an operational requirement of the police and National Crime Agency to support them in tackling the issue of county lines drug dealing and its related violence and criminal exploitation.

County lines is the police term for urban gangs supplying drugs to suburban areas and market and coastal towns, using dedicated anonymous mobile phone lines. We are particularly concerned about this form of drug dealing because of the high harm nature of the activity. These gangs target and exploit children and vulnerable adults who are then at high risk of extreme physical and sexual violence, gang recriminations and trafficking.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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County lines operates in and around my constituency, so I am pleased to see the regulations and for this to be the Minister’s first statutory instrument. I congratulate her on getting the job.

One horrific thing about the way in which county lines works is that the dealers give children drugs to carry and then steal from them so that they owe the gang the money that the drugs were worth, thereby holding the children, in effect, in slavery and not giving them options. I am delighted to see these regulations. I just hope that the Minister has talked to the Chancellor to ensure we have the resources we need to tackle this heinous activity.

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

I am extremely grateful to the hon. Lady, and I know about the work she has done in her constituency. Sadly, this crime threat is emerging across the whole of the United Kingdom, which is why the regulations will have effect not just in England and Wales, but in Scotland and Northern Ireland.

We know that county lines gangs exploit children as young as 12 years old. One particularly chilling way in which they operate is that they take over the home of a vulnerable adult—perhaps someone with mental health issues—and literally confine them to one room and use the rest of the house as their drug den. Anything we can do to support the police and the NCA in tackling these heinous crimes will, I suspect, have the support of the Committee.

I commend the campaign led by my hon. Friend the Member for North West Hampshire (Kit Malthouse). He is not here, but he has taken an interest in this issue for a long time and was instrumental in ensuring that the regulations came about.

For those who are not familiar with the way in which these phone lines work, I add that they are highly profitable. They can make as much as £5,000 a day for the gangs. The phone is the method of business; it is how drug dealers communicate with their addicts. The phone is kept well away from street-level drug dealing, in, as it were, the headquarters of the drug gang. They then run operations across the country. That is why stopping these phone lines is so vital.

It goes without saying that, where possible, the police will pursue criminal prosecutions, but sadly that is not always the case. We do not always have the evidence to conduct such prosecutions. These regulations are targeted at those cases where we do not have enough evidence for prosecution but we want to disrupt the criminal activity.

I hope that hon. Members will approve the regulations. They will give the police a vital tool in their efforts to tackle county lines drug dealing and protect children and vulnerable people from being exploited by county line gangs. I commend the regulations to the Committee.

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Victoria Atkins Portrait Victoria Atkins
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I thank you, Mr Wilson, and the hon. Members for Sheffield, Heeley and for Paisley and Renfrewshire North. If I may, I will meet the hon. Lady’s request for me to write to her in detail. However, I reassure her that the regulations have been drawn up in consultation with all of the key bodies and organisations that will have control of them, particularly the judiciary. Six pilot courts have been selected to ensure that the applications are made as effectively as possible, and that the judiciary has the experience and resources.

Lyn Brown Portrait Lyn Brown
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Could the Minister also address that note to me, and will she tell us which six courts will be used?

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

Yes and yes. On the point raised by the hon. Member for Sheffield, Heeley about the cost and ease of getting a new phone, we all know that criminals try to run their businesses as effectively as business owners, but the key here is to disrupt their activities and make life as hard as possible for them. We have also future proofed the legislation as much as we can, so that if new methods of communication are involved, we very much hope they will be caught by the regulations.

Turning to the hon. Gentleman from Scotland, the hon. Member for Paisley and Renfrewshire North, I am beguiled by his attempt to get me to change drug policy, but I will have to say no at this stage. I thank him anyway.

Question put and agreed to.

Unaccompanied Child Refugees: Europe

Lyn Brown Excerpts
Thursday 2nd November 2017

(7 years ago)

Commons Chamber
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Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
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I thank the hon. Member for South Cambridgeshire (Heidi Allen) and my hon. Friend the Member for Walthamstow (Stella Creasy) for securing this debate. I wish to use my time to draw attention to the plight of two specific children and bring human faces to what can be a difficult discussion. I want the Government to hear about these two children—especially the Minister, who is currently chatting on the Front Bench, because I would like him to do something about it. He knows that I will hold him to account if I do not believe that he is paying attention.

Brandon Lewis Portrait The Minister for Immigration (Brandon Lewis)
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I would like to point out that what the hon. Lady just said is completely false.

Lyn Brown Portrait Lyn Brown
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Rubbish! I am not even going there.

The first case is that of Tekle, a 13-year-old Eritrean boy who is currently living in a camp near the French-Italian border. He has survived in Italy, unaccompanied, for more than 11 months now. His father is in the UK and is desperate for his son to join him. It must be absolutely heart-breaking for a parent to know that a child is so vulnerable but to be unable to bring them the relatively few miles to safety and to that parent. The asylum system in Italy—[Interruption.] The asylum system in Italy is overwhelmed. [Interruption.] Does the Minister want me to call him out again? I am happy to. I really would like him to listen. Perhaps the Lord Commissioner of Her Majesty’s Treasury, the hon. Member for Burton (Andrew Griffiths), could stop chatting.

Brandon Lewis Portrait Brandon Lewis
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I am not sure whether or not the hon. Lady wants us to listen, but she is stopping for reasons that I simply do not understand. I am making notes on what she is saying so that I can answer her questions later. I am not quite sure what she is trying to imply. She seems to be playing a very silly game.

Lyn Brown Portrait Lyn Brown
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The Minister knows better than to accuse me of playing silly games. If I was not watching people chatting on the Front Bench and if I was not worried that I was not being heard, I would not be stopping. I want to be heard because I genuinely believe that although these two cases are specific, they are also indicative of all the cases we have been hearing about today. I think the Minister is a good man generally, and I know that he normally listens to debates, which is why I had so much faith that he would listen to me today and take some action on these cases. That is why I am being so clear that I would like him to pay real attention to what is going on.

The refugee support organisation Safe Passage secured an appointment with the Italian authorities so that Tekle could request asylum and seek transfer to the UK, which appears to be his right. He was finally granted an interview last month but was not given an interpreter, so the information recorded was inaccurate and his journey was curtailed once more. Psychologists working with Médecins Sans Frontières have met Tekle more than once, and their professional assessment is that his mental health is in a perilous condition. He is also vulnerable to the criminal gangs that, as the Minister knows, prey at these camps around the world. His future remains unclear. I can only imagine what it must be like to be that young, that frightened and that alone and have to wait so long with nothing in the future secure. He does not know whether he will ever find a home or be safe with his family again.

The story that my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) raised was about Awet, a 12-year-old Eritrean girl who arrived in Italy in June. Her brother, also a child, has been living with a stable foster family for the past three years. His carer is willing to foster Awet too so that the two can live together in security. Awet is obviously vulnerable. She was initially placed in a mixed reception centre with adults of both sexes before Safe Passage intervened. She is terribly afraid and despairing in the reception centre, and, like Tekle, has recently attempted to run away. She would rather risk absolutely everything in her attempt to be with her brother than remain in what she perceives to be a terrifying prison.

Last month—five months after her arrival—Awet was able, finally, to submit her asylum application in Italy, but it is unclear whether a take charge request has been made because of the consistent bureaucratic delays in the area. This is the situation that so many unaccompanied children live in across Europe. Their only hope is for a legal route to be offered to them so that they can rejoin their families.

Bambos Charalambous Portrait Bambos Charalambous (Enfield, Southgate) (Lab)
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Will my hon. Friend join me in asking the Government to ensure that the 280 places that have not been filled are filled as quickly as possible and that family reunions can take place as quickly as possible?

Lyn Brown Portrait Lyn Brown
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I absolutely agree with my hon. Friend. I ask the Minister, whom I normally like very much, to work with Safe Passage, which has been helping Tekle and Awet, to look into those two cases. I ask him personally to update me on their progress. As he knows full well, those are just two cases among many.

There is a clear moral principle: no child should spend a second longer than necessary in a state of vulnerability and uncertainty when they have family in Britain who can provide them with safety and support. This motion is not just about moral principle, but about the law. Whatever happens after Brexit, it is vital that UK law ensures that access for vulnerable children with a legal claim to rejoin families in Britain is retained and not reduced.

The Dublin III regulation leaves a lot to be desired, but the family reunion access guaranteed by our domestic law is often even more restrictive. Some lone child refugees who have grandparents, uncles, aunts, sisters or brothers living in the UK only have a legal route to safety and family reunion because of the Dublin regulation. I want the Government—and the Minister today—to commit to working across this House to ensure that we, at the very least, replicate the provisions of Dublin III—

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. I will allow the hon. Lady to say her last couple of words.

Lyn Brown Portrait Lyn Brown
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You are very kind, Madam Deputy Speaker.

Basically, I ask the Government to replicate the provisions of Dublin III after Brexit so that we can bring these children home.

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Brandon Lewis Portrait Brandon Lewis
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I will come to the wider point around that shortly, but, as I have just said, the High Court has outlined that the process the Government have used is lawful.

Children have already arrived in recent weeks from France and transfers are ongoing. We have been working closely with Greece to put in place the processes for the safe transfer of eligible children to the UK, and expect to receive further referrals in the coming weeks. I say to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Chair of the Select Committee, that she is effectively proposing that we should just take children from another country. I am sure Members must appreciate, when they think this through, that we simply cannot do that. We as a Government and a country must respect the sovereignty of other countries and their national child protection laws. That is the right thing to do.

For the year ending June 2017, we in the UK granted asylum or another form of leave to remain to more than 9,000 children, and have done that for more than 42,000 children since 2010. We are fully committed to ensuring that unaccompanied asylum-seeking children and refugee children are safe and that their welfare is promoted once they arrive in the UK. That is why yesterday, as has been outlined, the Government published a safeguarding strategy for unaccompanied asylum-seeking and refugee children, in recognition of their increased numbers and specific needs, backing up the point I made earlier that we want to make sure we are doing the right thing by the children who need our support.

Lyn Brown Portrait Lyn Brown
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The Minister will remember that in my contribution and in those of other Members, we talked about children who have families here in the UK and who are desperate to get to them. Will he commit today to working with me on the two cases that I have brought to him, and on the other cases that Members on both sides of the House have raised, relating to children with families here who are risking their lives trying to be reunited with possibly the only family they have left?

Brandon Lewis Portrait Brandon Lewis
- Hansard - - - Excerpts

I have worked with the hon. Lady a great deal over the years, and I genuinely like her. I will respond to the particular cases she has brought up, and I will touch on the wider issue of family reunion in a moment if she will bear with me.

The motion understandably considers the impact of our exit from the EU on this country’s participation in the Dublin regulation. I want to reassure the House that until we exit the EU, the UK will remain bound by EU asylum legislation, where we have opted in, including the Dublin III regulation. We are committed to ensuring that it operates efficiently and effectively, and the guidance we have published today is a further indication of our commitment in this area.

However, I want to clarify a misunderstanding that is out there. Dublin is not and has never been a family reunion route in itself. The recent reporting of this issue has been misinformed, and I hope that I can provide some clarity today by confirming a point made by my hon. Friend the Member for Colchester (Will Quince) in his excellent contribution. The Dublin regulation is the mechanism used to determine the member state responsible for the consideration of an asylum claim, and it is primarily used in respect of adults, not children, to make transfers both into and out of the UK. It confers no right to remain in the UK once an asylum claim has been considered.

The right approach to this issue must be to negotiate with the EU on co-operation on asylum and migration, considering the issues in the round. The Government have set out a clear position that co-operation on asylum and migration, which we value, is for discussion with the EU. We support the underlying principle of the Dublin regulation that asylum seekers should claim asylum in the first safe country they reach and should not be allowed to “asylum shop”. That point has been made by several of my hon. Friends today. Moreover, Dublin is a two-way process that requires the co-operation of 31 other countries to work effectively. We do not think it appropriate to commit unilaterally to the entry into the UK of one cohort of those who currently fall within the scope of the Dublin regulation when it requires the co-operation of other sovereign nations to operate.

I want to pick up on the point that the hon. Member for West Ham (Lyn Brown) has just raised. The wider issue of family reunion is hugely important, and Members across the House have rightly raised it this afternoon. The Government strongly support the principle of family unity, and we have a comprehensive framework in place for reuniting refugees safely with their families. We have reunited more than 24,000 partners and children with their family members already granted protection here in the last five years. Our family reunion policy allows children to join their parents here, and there are also specific provisions in the immigration rules that allow extended family members lawfully resident in the UK to sponsor children, where there are the right circumstances. That is aside from the work we do for our mandate resettlement scheme. As we leave the EU, we will continue to meet our moral duty to support refugees affected by conflict and persecution, including children, and continue this country’s proud history of supporting and protecting those in need.