Home Affairs and Justice

Baroness Hodge of Barking Excerpts

Thursday 28th May 2015 Commons Chamber

[Mrs May]

The right hon. Gentleman says that he recommended it. We brought immigration enforcement into the Home Office so that we could focus more clearly on the system of removals and its efficiency.

[Margaret Hodge (Barking) (Lab)]

There is an enormous gap between the recently published figures on net migration and the ambition set out by the Conservative Government. The right hon. Lady has now been the Secretary of State for five years, and she owes it to the House and the public to say by how much she expects to reduce net migration over the coming Parliament.

[Mrs May]

I suggest that the right hon. Lady looks at the Conservative party manifesto, which made it clear that the Government’s ambition to reduce net migration to the tens of thousands remains. The reason we say that is simple. We recognise that uncontrolled immigration has an impact on people’s lives, on public services and on jobs, and helps to hold down wages at the lower end of the income scale. Indeed, the hon. Member for Dagenham and Rainham (Jon Cruddas), who was in charge of Labour policy before the election, said that the migration policy of the Labour Government was a covert wages and incomes policy. That was precisely its impact. So we recognise the impact of immigration, and that is why we continue to set ourselves that ambition and why we wish to build an immigration system that works in the national interest, is fair to British subjects and legitimate migrants, but is tough on those who flout the rules or abuse our hospitality.

Now that we are no longer encumbered by a coalition, we can take stronger action. We can create an immigration system that is tougher, firmer and fairer. We will introduce a new immigration Bill, which will ensure that we can remove those with no right to be in the UK more quickly, create a fairer labour market for working people and deny illegal immigrants access to public services. We will take the radical step of making illegal working a criminal offence, to make Britain a less attractive place for people to come and work in illegally. That will provide a firmer legal foundation for seizing the earnings of illegal workers as the proceeds of crime. We will also create a new enforcement agency to crack down on the exploitation that fuels illegal immigration.

We will further reform the immigration route for migrant workers and consult on the introduction of a levy on work visas under tier 2 of the points-based system to fund the development of skills. If we are to close the skills gap more quickly, we must reduce our reliance on foreign labour. We will also introduce a requirement that all public-facing public sector workers must speak fluent English. We will act to tighten up access to our public services and protect them against abuse by people who are here illegally. We will build on measures introduced in the Immigration Act 2014 to provide a more immediate impact and extend into previously unregulated public service areas. We will deny financial services to illegal immigrants, building on the existing power to prevent them from opening a bank account, and we will make it easier for landlords to evict illegal migrants from rented accommodation.

In addition, we will build on our reforms to speed up the removal process by extending the power introduced by the Immigration Act 2014 to require individuals to leave the UK before bringing an appeal against a decision in all human rights cases, except where there is a real risk of serious, irreversible harm as a result of the overseas appeal. This power is already making a difference, with over 800 foreign criminals deported since July 2014, and our new Bill will take those reforms even further. We will also create a power to require that foreign national offenders are tagged when released on bail by an immigration tribunal.

Finally, I want to turn to a subject that cuts across many of the home affairs and justice issues I have mentioned. Time and again, we have seen how the current framework of human rights law as applied by the European Court of Human Rights has led to rulings that have prevented us from removing dangerous foreign criminals from Britain. That has been the case in too many other instances, helping rapists, murderers and illegal immigrants rather than their victims or the law-abiding majority. Where we can, we have taken action. Even under the coalition, we legislated to deal with abuse of article 8 of the European convention on human rights—the right to a family life—by requiring the courts to have regard to Parliament’s view of the public interest in such cases, as set out in the Immigration Act 2014.

But the time has come to look at our human rights laws. We will bring forward proposals for a Bill of Rights to replace the Human Rights Act. This would reform and modernise our human rights legal framework and restore common sense to the application of human rights laws, which has been undermined by the damaging effects of Labour’s Human Rights Act. It would also protect existing rights, which are an essential part of a modern, democratic society, and better protect against abuse of the system and misuse of human rights laws.

In the last Parliament we made significant strides forward in reforming the police and our immigration system and passed important legislation to counter terrorism. The programme of legislation I have set out today will build on that work. It will ensure that we can go further and faster with police reform and ban harmful new psychoactive substances; challenge extremism which threatens lives, families and communities; crack down on illegal working and continue to build an immigration system that is tougher and fairer; and reform and modernise our human rights law. This is a programme that is on the side of working people and which helps us to create a safer and fairer Britain. It is the programme of a Government for one nation, and I commend it to the House.

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[Margaret Hodge (Barking) (Lab)]

Thank you for calling me, Mr Deputy Speaker, and I welcome you to the Chair, as you oversee our proceedings.

We have just emerged from a long general election campaign, during which immigration featured as a hugely important and sometimes toxic issue. In Barking and Dagenham, immigration has been at the heart of politics for more than a decade. Indeed, in 2006, voters in my constituency were so angry with all mainstream politicians that they chose to protest and elected 12 British National party councillors to the local authority. Focusing on the issue of immigration has therefore been central to my constituency work for many years, and I am thankful that the good people of Barking and Dagenham worked with me to expel and keep out the heinous politics of the BNP by denying it any democratic mandate.

My work and experience, however, leaves me depressed by the Government’s failure to learn the lessons of the past and frustrated by their approach, as set out today and in the Queen’s Speech. Although some proposals enjoy cross-party support, the Government’s overall approach continues to be based on a false prospectus, which is that we can somehow dramatically cut net migration, either by yet more domestic legislation or by some fantasy renegotiation of free movement in Europe. Despite the failure to deliver a reduction in net migration over the past five years, the Government continue to promise to do so during this Parliament. Yet all the facts show, unambiguously, that they will fail to deliver on their ambition, and the worst thing is that they know that now. Their pledge on numbers is hollow. They are delivering on rhetoric; but failing to realise the reality, and by so conning the British public they are further eroding any remaining trust people have in their political leaders.

Recent figures show net migration rising yet again. Standing at around 300,000, it is at almost its highest level ever and is more than 100,000 higher than the 2013 figures. Despite endless Acts of Parliament, a stream of bureaucratic reorganisations and all the tough talk, net migration is high and rising, and that is not just down to free movement of labour in Europe. Yes, net migration from the EU was up by nearly 50,000 during the year to September 2014, but net migration from outside the EU went up by almost the same number—54,000.

Migrants do not come to Britain to scrounge benefits. Many come to study, which is a good thing, as it brings much-needed income to our universities, strengthens our research and development capability and helps the next generation establish lifelong friendships and relationships that will support our international interests and strengthen UK security over decades to come. Most migrants come because they have secured a job, and we need their skills both to enable growth and to maintain our public services. Fewer than one in five comes to Britain to look for work. Even if we could stop those jobseekers at our borders, net migration would still be running at more than 200,000.

The truth is that people crossing national borders are a feature of the modern world. In the same way that capital crosses borders in a globalised economy, so people cross borders in a globalised world. Just as the Chinese are likely to provide the capital to build British nuclear power stations, and the Indians provide the capital for the Jaguar plant in the midlands, so people from other countries staff our hospitals and work in our industries. We cannot and will not buck that trend. I remember when we thought that we could cut the net migration numbers by toughening up the regime on asylum seekers. We did that, and then the numbers seeking work permits grew. We tried to close that route too, and then people tried to come in through the student visa route. The Government have now tightened up that avenue, potentially damaging our educational sector. Is the next step to get tougher on visitors and damage our vibrant tourism sector?

People come to Britain because we are a tolerant and open society and we have a successful and growing economy with plenty of opportunities. It is a good place in which to live, work and bring up a family. Migration will continue to happen and we should stop pretending that we can stop it. The dishonesty at the heart of the Government’s policy is what is impacting on people’s views. That dishonesty is breeding mistrust of politics and the political class. When the Government promise to cut the numbers and then fail, people lose trust in politicians and politics. What we really need from the Government is strong, open and candid leadership, which changes the conversation about immigration and talks about the reality of globalisation and the movement of people. Why are Ministers so frightened of telling the truth? Doing so should not stop us doing the things that we can and must do. Here again, the Government have failed to deliver over the past five years. It is the lack of control of our borders, more than the numbers coming in, that angers people and fosters suspicion and hostility.

When we examined those issues in the Public Accounts Committee, we were horrified by the sheer incompetence we found time and again. Some 50,000 people whose applications to remain in Britain had been rejected had disappeared into the community. Some 29,000 applications for asylum, which dated back at least seven years, remain unresolved, with many people still waiting for the first decision on their case. More than 10,000 foreigners who had been in prison have not been deported despite a tenfold increase in the staff who were supposed to be tasked with delivering the deportation of foreign national prisoners. Indeed we uncovered the fact that one in six foreign national offenders who had completed their sentences had absconded and disappeared into the community.

Let us get those things right and deliver the basics. That requires more than tougher rhetoric, or yet more Home Office legislation. It means simply delivering effectively and efficiently. That is how the Government can establish confidence in the immigration system and in how we control our borders. Getting a grip on the bureaucracy will achieve far more than passing more legislation in this House of Commons.

I welcome the cross-party consensus on the difficult issue of how we ensure fairness to everybody in the rationing and allocation of public resources. I first challenged the old orthodoxy in 2008 and I know from my work in the constituency that if we introduce the principle that people should contribute to a society and earn their entitlement before accessing the public goods that have to be rationed, whether it is social housing or benefits, we would be seen as being fair to everybody, be they recent immigrants or families who have lived in the UK for generations. Such an approach helps to lance the boil that so easily turns fear of the impact of immigration into racism and hostility to people of different races, creeds and colour.

I support the Government’s intention to develop that principle. We would all do well to understand that only 6% of EU migrants claim out-of-work benefits and many of them have earned that entitlement by working and living in Britain for many years. That does not absolve the Government of their responsibility to ensure that there are enough school places, GPs and hospitals and public transport facilities to meet the needs of everybody in our communities, including migrants and their families.

The Conservatives’ record over the past five years has been abysmal. While the Government wasted their very limited capital creating free schools in areas where there are a surplus of school places, they refused properly to fund new primary and secondary schools in areas such as mine, where there is huge pressure for more places.

The Government will not build a one nation Britain if they do not transform their approach to immigration. Honest explanations, not empty rhetoric, are what will unite Britain. Efficient administration, not pages of legislation, are what will convince people that the Government are in control. Investment in our public services, so that immigrants do not become the scapegoats, is what will help us build a united Britain where communities gain strength from their diversity.