Stalking
Debate between Mark Harper and John McDonnell(11 years, 1 month ago)
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Mr Harper
I listened carefully to the hon. Lady’s point on that issue. The inter-ministerial group on violence against women and girls, which is chaired by the Home Secretary, draws together the Government’s efforts on this matter and on the support for victims. I will draw the hon. Lady’s point to the attention of the Home Secretary.
There are some offences for online communications that do not require a course of conduct, some of which can result in custodial sentences. I think that the DPP’s guidelines are clear and robust. The hon. Lady is right that the proof of the pudding is in the eating. Like us, she will want to see that the guidelines are taken seriously by Crown prosecutors.
As I said, police and crime commissioners should remember the “and crime” part of their job title. This matter is absolutely within their remit in their local areas. As well as looking at the police’s response to these offences, they should look at the response of the Crown Prosecution Service and the way in which it works with the police. One advantage of police and crime commissioners over the police authorities that we had previously is that they can pull those organisations together locally and get them to work more effectively together. Commissioners can draw to the attention of those organisations the guidelines that the DPP has issued and ensure that they are followed locally.
I will draw the specific concerns of the hon. Lady to the attention of the Home Secretary and the Justice Secretary. I am sure that she will monitor the matter closely and come back to us if she does not see action on the ground.
My hon. Friend the Member for Worcester (Mr Walker) cited some good work that has been done by the university of Worcester and the Worcestershire forum against domestic violence. They have done some very practical work to raise awareness of the new law and to hear from victims. From his description, it was clear that that was part of a preventive strategy, which is something that has been raised by the hon. Member for Warrington North (Helen Jones) and others.
My right hon. Friend the Member for Chesham and Amersham asked specifically about data, which we have spoken a little about. Convictions and sentencing data are collected by the Ministry of Justice and published on an annual basis. The data for 2012 were therefore published just a short period after the offences under sections 2A and 4A were inserted into the Protection from Harassment Act 1997. Headline data on court proceedings have been published, but those are at a high level. Detailed data will be published for this calendar year in May next year—that is when properly robust and assured data will be published.
On policing information, we are working on a new method of data collection specifically to call out the offences from this legislation, but again that will not be available at national level until next year. More detailed information is available at police force level, and I know that Labour Members and the right hon. Member for Dwyfor Meirionnydd have attempted to get those data from police forces under freedom of information legislation. The Home Office is working to publish those data on a consistent basis at national level, and will be able to do so next year.
My right hon. Friend the Member for Chesham and Amersham and others, including the hon. Member for Warrington North, mentioned sentencing guidelines. The Sentencing Council plans to start work on a new public order guideline in 2014, and it will consider guidance on stalking offences as part of that. Several Members, including the hon. Member for Ayr, Carrick and Cumnock, mentioned out-of-court disposals by police forces. The Justice Secretary has announced a review of those, and we will ensure that for both stalking and domestic violence, we look specifically at whether out-of-court disposals—cautioning, for example—are being used properly and appropriately for these serious issues.
I am conscious that I want to leave time for the right hon. Member for Dwyfor Meirionnydd to wind up this debate, which I have found very constructive. Members have raised a lot of serious issues, and I hope I have been able to demonstrate that the Government take the issue seriously and want to drive responses across a number of organisations.
John McDonnell
Will the Minister take back to his Department the request from the family courts unions parliamentary group for a meeting about the closure of family contact centres?
Immigration Bill
Debate between Mark Harper and John McDonnell(11 years, 2 months ago)
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John McDonnell (Hayes and Harlington) (Lab)
I oppose the Bill and will vote against it because I think that it will be defined, in practice, as a racist Bill and that that will have implications for society. I believe that the Bill is the result of electoral positioning; it is not about good governance or the long-term interests of the country. I fear for our long-term interests if we are to be governed by prejudice in this way. I abhor the society that the Bill seeks to create.
Like many Members, I represent a diverse, multicultural constituency. My west London constituency contains Heathrow and two detention centres, Harmondsworth and Colnbrook. I am often the last representative voice that detainees have recourse to before they are removed from the country. I have been visiting Harmondsworth for nearly 40 years. I remember when it was just a couple of Nissen huts with a dozen people in them. There are now two prison-like institutions that detain 1,000 people, most of whom have committed no crime whatever.
For many, the migrant’s story is one of desperation. People come from war zones or, like my Irish grandfather, areas of poverty simply to work and lift themselves out of poverty. I am fearful of what the Bill will do to the society that greets those people. In effect, it begins to echo some of the pass laws of apartheid South Africa. It is a society—
John McDonnell
No, I want to get this on the record. It is a society that echoes those pass laws, a society in which people can be confronted—stopped in the street—and asked for their documentation.
John McDonnell
No, I want to get this on the record. It is society in which people can be asked for their documentation to prove their identity and status.
Under the Bill, immigration officers will be able to use physical force for all their powers. I have been involved in cases that concern the exercise of physical force. In one case a person was killed, and in others people have been seriously injured as a result of the physical force used in removals. Time and again, concerns have been expressed to the Government about the lack of training for those staff and about the brutality that has taken place as a result, and yet in this Bill we are extending the use of physical force to all immigration officers in exercising their powers.
Many fear, and I do too, that with the removal of the directions notices, so there is no clear process of informing people when they are to leave the country and what their destination is, we are going back to the process of dawn raids where vans turn up and drag people and families out of their homes. One of the first cases I dealt with after being elected as a Member of Parliament involved an elderly lady who came to my constituency surgery because the family next to her had been dragged out of their house at 6 o’clock in the morning, children and all. She went into the house, obtained the children’s teddy bears and followed the van to Harmondsworth so the children at least had their toys. Is that the society we are returning to as a result of this proposed legislation?
I believe that the Bill will result in the escalation of detention. It will make it more difficult to challenge detention, to obtain bail and to secure appeals. As was said earlier, a third of appeals usually win, with nearly 50% winning entry clearance appeals. The Bill will mean that more people will be detained.
What is detention like? I refer people to the report of the independent monitoring board of Harmondsworth. These are volunteers appointed by the Minister, reporting to the Minister. Its latest report, from April 2013, is worth reading. It says that many people handle detention stoically, but that many others suffer intense distress. Many are mentally ill. They self-harm. We have had suicide attempts time and again in Harmondsworth and in Colnbrook. At the last count, last year 125 people were assessed under rule 35 by doctors who found that their health was suffering so badly that they should not be detained. Many Members know what rule 35 is: it means that the person should automatically be released. Of the 125 people so designated by doctors in Harmondsworth last year, only 12 were released. One was released because of ill-health, went to Hillingdon hospital and died soon after. That is what detention means. That is the type of suffering the Bill will increase, yet 20% of people in the detention centre get released back into the community. Some have been detained for a long time. I refer back to the report published in April. Two of those people had been detained since 2008, and 38 had been detained for more than a year. For many people, detention is not just a short-term measure before removal.
I am concerned about what the Bill will mean for the wider community. Nearly 50% of my constituents are black or people of colour. The Bill will mean that any person who is black, is of colour or who just looks foreign will be challenged. They will be challenged by bank managers and landlords, and by the vicar if they want to get married. They will also be challenged if they apply for legal aid. I find that offensive. I voted against identity cards in this House when my own Government brought them forward. The Bill will yet again bring the process of ID cards forward. There will be no ID cards for white people; it will be ID cards for black people, people of colour, or people who look slightly foreign or who have a foreign accent. That is what the Bill will do.
I find it offensive that the Bill will push more people to the margins. In my constituency, I have enough problems with Rachmanite landlords as it is, with people living in appalling overcrowded conditions and being charged too much. The Bill will create a shadow market, where people who are unable to secure accommodation through some landlords will have to go to others with higher rents. There will be a system of blackmail for those rents by those landlords.
What if people cannot get a roof over their heads? Where do they go? They go to the streets. This is an immigration policy of destitution, isn’t it? Let us be frank about that. If people cannot get a roof over their heads, they go on to the street or are forced out of the country. I deal with many people who would like to leave the country, but cannot even get their papers out of the black hole of the Home Office.
The banks, the landlords, the driving licence agency and so on will be only the first step in this process of introduction of these pass laws. We know from leaks from the Department for Education, which were exposed in The Guardian earlier this year, that the Government wanted to introduce this sort of system by having teachers check the nationality of their pupils.
John McDonnell
No. I am not giving way.
What happens now for people who are sick? They go to their GPs, and, yes, they will be treated, but what about the next stage as a result of this Bill? This is the first step. Charges are being introduced and people will be checked to see whether they have a visa and have paid the charge, but the next step will inevitably involve GPs. What happens if nurses and doctors want to fulfil their Hippocratic oath? Will they be fined or imprisoned as landlords will be?
I am concerned about the society we are creating, and about the premise on which the Bill is being introduced. When it comes to the reality, as MP after MP will demonstrate—particularly London MPs—a documentation check will take place, but many of our constituents have no documentation, and, as my right hon. Friend the Member for Tottenham (Mr Lammy) said, many have not applied for passports. Others live chaotic lives, and many, as a result of going through the system, have mental health problems and do not have control of their documentation. As I have said time and again, that is a result of not even being able to get their papers back from the Home Office.
The Bill will create a society that is lacking in compassion, brutal, and lacking in humanity and respect for civil liberties, a two-tier apartheid society that flies in the face of, and is incompatible with, everything that British people associate with their country: compassion, rights, mutual respect, and, yes, support for the underdog. The Bill is derived from the gutter politics of Lynton Crosby; it is an attack on immigrants because supposedly that plays well in British politics. I think that is a fundamental misjudgment of the British people, their values and their decency. I will vote against the Bill because I believe that bringing it forward in this House degrades this House.