(5 years, 7 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I thank the hon. Lady for that question. At the current time, there have not been any policy decisions that I am aware of with regard to the English language test. However, it is important—and we have said very clearly in our White Paper—that we will have a single, global system for immigration, where people from all countries will be treated equally.
I am grateful to the right hon. Member for East Ham (Stephen Timms) for securing this question, and I welcome the NAO’s investigation into this issue. I have no doubt that there was systematic cheating, but I seriously doubt the scale—the ETS figures show that only 3.5% of the people who sat the test did not cheat, which seems incredible. What assessment has been made of the number of people whose visas were revoked who are still in the UK, and what would the cost be of allowing them to sit a new English test?
I made the point earlier that evidence of ability to speak English now does not provide evidence of ability to speak English back in 2014. What the courts have consistently found is that the evidence we had in 2014 was sufficient to make accusations of fraud. This was wide-scale, and we saw enormous numbers of proxy tests being taken on behalf of individuals for a wide variety of reasons. The Government acted swiftly to clamp down on bogus colleges and to revoke the licence of ETS. However, it is important that we reflect on the situation of those who remain in this country and, as I have said, the Home Office has taken a pragmatic approach when looking at the article 8 claims of individuals who have been caught up in the TOEIC issue.
(5 years, 11 months ago)
Commons ChamberI absolutely agree with my hon. Friend. I am sure that his wife will be going through the process very soon indeed. In fact, some of the best advocates for the simplicity of the EU settled status scheme have been those who have already gone through it, and we have had very positive feedback on the first two phases of testing.
The Government’s immigration White Paper sets out the principles of an immigration system that will work in the best interests of the whole of the UK. As my right hon. Friend the Home Secretary has made clear, the White Paper is the start of the conversation. I look forward to ongoing engagement with stakeholders in Scotland over the course of this year.
The Scottish policy chair at the Federation of Small Businesses has said:
“The UK Government’s obstinate approach to immigration is a clear threat to many of Scotland’s businesses and local communities. These proposals will make it nigh impossible for the vast majority of Scottish firms to access any non-UK labour and the skills they need to grow and sustain their operations.”
Is he wrong?
The hon. Gentleman is right to point out the importance of our engaging with business groups and stakeholders across Scotland. I was delighted to meet the CBI in Scotland in a business roundtable back in the summer, and that engagement will continue. I would also like to point out that the independent Migration Advisory Committee was very much of the view that Scotland’s economic situation is not sufficiently different from the rest of the UK to justify a very different migration policy.
(6 years, 3 months ago)
Westminster HallWestminster 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
It is a pleasure to serve under your chairmanship, Mr Bailey. I would like to point out that I have a personal family interest, more of which I will mention later.
I am grateful to the hon. Member for Ilford North (Wes Streeting) for securing time for this important debate and for his excellent opening contribution. I am also grateful to Migrant Voice for its report entitled, “I want my future back”, and to the National Union of Students for its briefings, as well as the work of Mr Lewis from the Garden Court Chambers, all of which has been referenced by earlier speakers and which highlight the injustices and human costs of the situation. Perhaps those costs were best summed up by the hon. Member for Ilford North when he described the position of those affected as that of being in limbo.
We have heard from a range of speakers. The hon. Members for Poplar and Limehouse (Jim Fitzpatrick), for West Ham (Lyn Brown), for Bradford West (Naz Shah) and for Brentford and Isleworth (Ruth Cadbury) all made excellent first-hand contributions regarding their constituents. Indeed, I think we are all coming from the same page.
I first encountered TOEIC cases shortly after I was elected in 2015, when I met a native English-speaking—I stress that point—constituent whose indefinite leave to remain application had been refused because he had sat an ETS test. I was disappointed by the Home Office’s handling of the case and by its handling of the process since, and I echo the calls of many Members for an independent inquiry.
I start by stating that it is absolutely clear and not in question that a number of individuals cheated. Such fraud must never be tolerated and those responsible should be prosecuted wherever possible. Given the failings of the US organisation, Educational Testing Service, the Home Office was correct to remove it from the list of approved TOEIC test providers. However, what is in question is the heavy-handed nature of the Government’s response to the cheating, with their revoking of at least 36,000 visas by the end of 2016 when recording stopped, and the estimates of thousands having been falsely accused and deported as a result. The impact on many of those affected has been devastating, with reputations ruined by the allegations of cheating, as well as severe financial hardship, family upheaval and ongoing distress. This is a clear example of the Tories’ hostile environment policy on immigration, and there are serious questions about the process the Home Office followed.
What I cannot understand is why individuals were not simply given the opportunity to redo a TOEIC test at the time, which would have avoided a lot of unnecessary cost and distress for many individuals. Indeed, the right to resit the test is a key recommendation made by Migrant Voice, and one that I endorse. I trust the Minister will address that in her summing up. At the very least, the Home Office should recognise applicants’ right to appeal from within the UK. According to research conducted by Migrant Voice, all those students it questioned stressed the unfairness of not even being given the chance to defend themselves and prove their innocence within the UK. None of the respondents was given an in-country appeal right, while the reality of conditions in the countries of many of the applicants would make it impossible for them to appeal. Most of the students affected are from Bangladesh, India and Pakistan, and I wonder what the lasting reputational damage to the UK will be. It can be no surprise—I think there is definitely a connection—that the number of student applications from India is barely one third of what is was before this situation arose.
Despite a Court of Appeal ruling, the Home Office continues to insist that applicants must appeal accusations of cheating from abroad via video link and forces them to leave the UK, which is unacceptable. If someone was accused of a criminal offence they would have their day in court with the right to see the evidence against them and the ability to defend themselves, and so should those affected by the TOEIC cancellations. It is a matter of natural justice.
Members might have met my partner, Nadia, who is a regular visitor to Parliament—she is here today—and has given evidence to the Home Affairs Committee. She is from India and was falsely accused of cheating having sat an ETS TOEIC test. She had her visa revoked as a result, even though she had never used the test to support her visa applications in the UK. She used the more detailed IELTS—she passed the test on two occasions. She had also qualified with a masters degree in information management in the UK, in English. That did not stop her being accused and arrested. When she was interviewed by an immigration officer, he said that her English was as good as his. It might even be better than mine. She clearly understands English and speaks it well. She often corrects my grammar when she gets advance sight of my press releases and speeches. Unfortunately, the Hansard guys will have to do this one on their own.
Through Nadia, I have gained a real understanding of the personal impact this Home Office policy has had on those affected, and I have met many other victims. Like other speakers today, I have conversed with those affected, who have all done so in perfectly good English. I speak only English, so if they did not, I would not understand them. They have conveyed the trauma of living in fear of arrest and deportation with no way of supporting themselves financially. They have been living on the good grace of friends and relatives, suffering from stress and seeing relatives and loved ones overseas via Skype only. The situation has gone on for three or four years. They all have one simple wish: to clear their names and continue living without the stigma of these allegations.
One of the greatest areas of concern I have relates to the accuracy of the evidence relied upon by the Home Office when revoking visas. The hon. Member for Ilford North has already mentioned Patrick Lewis from Garden Court Chambers, who represented several of the affected claimants and overturned the Home Office’s ruling in each case. He said:
“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 I have encountered in over 20 years of practice.”
I would be glad to hear from the Minister about what she plans to do to tackle that injustice.
The Migrant Voice report noted that:
“Some students were accused of cheating in a city or place they have never visited, or of taking the test on a date on which they did not take it. One student who has never ever taken the TOEIC test was among those accused.”
We know that the Home Office instructed ETS to use voice recognition software to check test recordings, but there is a serious credibility issue with the ETS evidence. ETS records for certain students are linked to the wrong test centre or the wrong date. The National Union of Students briefing that was sent to Members highlighted cases where those who had legitimately taken the test had had their recordings deleted. The briefing from Mr Lewis from Garden Court Chambers details the evidence experts gave to an immigration tribunal, and I noted that in every instance of fraud, test centre staff were involved. It seems bizarre that the Home Office continues to trust without question the evidence supplied from ETS while simultaneously having no confidence in ETS to run any future TOEIC tests. It would be far more reasonable to have no confidence in the evidence.
Too many innocents have been affected by the process. They have all suffered severe financial loss. For many, it is not just their own personal loss, but that of their families and members of their community. Even once their immigration status is resolved, they will face difficulty in rebuilding their lives. Imagine what a three or four-year gap in a CV looks like to a potential employer. That is what they face. Given the length of time the cases have taken, these people clearly should have the right to study and work until they are resolved. Fundamentally, everyone should have the ability to challenge the decision. Will the Minister spell out exactly what the Government plan to do to enable those wrongly accused in this process to have their names cleared? I hope the answer is re-testing and giving all applicants the right to appeal within the UK.
(6 years, 6 months ago)
Westminster HallWestminster 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
It is a pleasure to serve under your chairmanship, Mr Owen. I am grateful to the hon. Member for Bradford West (Naz Shah) for securing time for this important and, as it turned out, lively debate. She highlighted the risk of inappropriate stop-and-search undermining confidence in the police. That is a real concern. The key is that use of stop-and-search has to be appropriate. We heard the counter-arguments made by the hon. Member for Shipley (Philip Davies), who argued that there was an underuse of stop-and-search, but as I have said, the key for me is appropriate use of it.
The hon. Member for Ealing Central and Acton (Dr Huq) placed the debate in its historical context and gave a very balanced view of the current situation. I am obviously a Scottish Member; in Scotland, criminal justice and policing are devolved, and the Scottish National party is taking action to ensure that there are no inappropriate stop-and-searches, but there is still work to be done.
For every debate that I take part in, I like to consider my own constituency cases, but having had a quick look, I have to say that we have had none on this issue, although in fairness, policing is devolved, and if people had a complaint, they would be more likely to go to my Scottish Parliament counterpart. I have also checked with local organisations, and they have had no recent cases. The only anecdote that I can give from my own knowledge is a personal one. It is from my partner, Nidhin. She was stopped and searched when she lived in London, and it had a traumatic effect on her, giving her anxiety and stress-related issues that continue to this day. I am pleased to say that she is largely over that now, but I have seen at first hand how stop-and-search can be counterproductive if used inappropriately.
Scotland has a much smaller BAME population. According to the 2011 census, the size of the minority ethnic population was just over 200,000, or 4% of the Scottish population. That represents a doubling since 2001.
The Scottish Government introduced a new code for use of stop-and-search powers. It came into effect a year ago and, among other things, it requires the police to monitor trends in who is being stopped by them. Since 11 May 2017, police are able to stop and search people only with reasonable grounds. That has ended the so-called consensual searches, whereby people were searched with consent but without legal basis. The new code is about finding the balance and maintaining the trust between the police and the public.
The Cabinet Secretary for Justice, Michael Matheson, said:
“The ability of police to stop and search individuals can be an intrusion into liberty and privacy, but remains a valuable tool in combating crime.”
He went on to say that he had spent time with officers on the streets and was convinced that such searches would be carried out with “fairness, integrity and respect”. It is vital that that is how stop-and-search is handled.
Under the code, Police Scotland must carefully monitor the use of stop-and-search in relation to specific sections of the community, including different ethnic groups. That will enable Police Scotland to identify any concerning trends or seemingly disproportionate use of the powers, and to take action if necessary. There has been an improvement: an increase in the number of minority ethnic entrants to the police workforce. Police Scotland’s positive action team have implemented the Introduction to Policing programme, known as ITPP, which supports potential minority ethnic candidates through a training and mentoring programme. The first course had 54 participants and the second 58, with the direct result that more than 10% of the recruits who joined Police Scotland in September 2017 were from a minority ethnic background. That stands us in good stead, given that people from such a background make up 4% of the population.
When stop-and-search is used in a way that is perceived to be unfair or ineffective, it has a lasting detrimental impact on people’s trust in the police—particularly when it is used against the young—and their willingness to co-operate with them. Consequently, the police’s ability to carry out investigations and reduce crime is undermined, so it is in everyone’s interests to get this right. Stop-and-search can be a valuable tool in combating crime, but it is important that we get the balance right between protecting the public and the rights of individuals and, critically, maintaining the trust between the police and the public.
(7 years ago)
General CommitteesIt is a pleasure to serve under your chairmanship, Mr Bailey. I am grateful to the Minister for outlining the orders. Let me say on behalf of the Scottish National party that we are totally committed to tackling organised crime and terrorism. We see nothing contentious in the orders and are happy to support them.
(7 years, 1 month ago)
General CommitteesIt is a pleasure to serve under your chairmanship, Ms McDonagh. I only have a few brief comments to make. I do not think this is controversial in the slightest—almost unpronounceable, but not controversial.
I am strongly of the opinion that all drugs policy should be devolved to Scotland, where we already have control of health and justice. It would be a vital link in our tools to allow us to have full powers over harm reduction, so that we can deal with declassification, decriminalisation and even regulation.
The drugs problem in Scotland costs us around £3.5 billion per year. Drug-related deaths in Scotland are running at a rate approximately two and a half times that of the rest of the UK. This particular substance—I will simply refer to it as MPA, because I can pronounce that—has contributed at least 10 of those deaths. On that basis, I am happy to support the order.
I sound one note of caution. We spent a fair amount of time in the last Parliament putting through the Psychoactive Substances Act 2016. I wonder about its effectiveness, given that we are not using that route today.
(7 years, 5 months ago)
Commons ChamberIt is a pleasure to take part in today’s general debate on drugs policy—a very important issue that affects every community, class and creed in the country. The scourge of drugs misuse and its associated criminal and antisocial behaviours has been a blight on too many of our cities, towns and villages for far too long.
Only last week, I conducted a home visit to a distraught family who were coming to terms with the tragic loss of a young man from drug misuse—a thoroughly decent family who had tried to get help for their loved one, but sadly were not successful in time. I will not go into the specific details, but a grieving mother and sister explained about the physical and behavioural changes they observed, and about their loved one stealing from other family members and the general antisocial behaviour that ensued. This story is not uncommon across any of our communities.
That set of circumstances brought home to me why we need aggressively to tackle the forces of organised crime, who are making millions from human misery—effective enforcement against the dealers is a key factor in the war against drugs—while sympathetically addressing the health and safety of users, and with greater emphasis on prevention and harm reduction rather than punitive punishments. Once criminalised, these victims can often face further life challenges and stigmatisation, all of which can result in users finding it harder to recover and to move on from drug problems and addiction, in some cases even trapping them in a self-destructive cycle.
As right hon. and hon. Members will be aware, health and justice, which are key areas in any joined-up drugs policy, are devolved to Scotland. The regulation of all proscribed drugs remains a reserved issue, and the policy is set by the UK Government. There is a strong argument that drugs policy should also be devolved to Scotland. The Minister herself referred to a joined-up, whole-policy approach, and that would be easier to achieve in a Scottish context if we had all the levers of policy. However, the Scottish Government continue to work with the Home Office to implement a series of actions against drug misuse in Scotland.
It is estimated that drug misuse costs society in Scotland £3.5 billion a year. That is very similar to the impact of alcohol misuse, which is estimated to cost £3.6 billion a year. Combined, this amounts to about £1,800 for every adult. In 2008, the SNP Government published the current national drugs strategy for Scotland, “The Road to Recovery”, which set out a new strategic direction for tackling drug misuse based on treatment services promoting recovery. The strategy continues to receive cross-party support in the Scottish Parliament. Evidence has shown that drug taking in the general population is falling, with misuse among young people at its lowest in a decade. However, drug deaths are currently at their highest. The approach taken recognises the importance of supporting families, and the number of family support organisations across Scotland is growing. In addition, several national organisations have been established or commissioned to support delivery of the strategy. They include the Scottish Recovery Consortium, which was established to drive and promote recovery for individuals, family members and communities affected by drugs, as well as Scottish Families Affected by Alcohol & Drugs and the recently launched Partnership for Action on Drugs in Scotland.
The Scottish Government also work with Scotland’s 38 alcohol and drug partnerships, which bring together local partners, including health boards, local authorities, police and voluntary agencies. They are responsible for developing local strategies for tackling problem alcohol and drug use, and promoting recovery, based on an assessment of local needs. A good example is the current Glasgow city health and social care partnership proposals for a pilot safer drug consumption and heroin assisted treatment facility in the city centre. The latest iteration of its business case was presented to the HSCP on 21 June 2017. The facility is designed to service the needs of an estimated 400 to 500 individuals who inject publicly in the city centre and experience high levels of harm. In particular, it is anticipated that the facility will significantly reduce the risk of further outbreaks of blood-borne viruses.
In 2015 there were 157 drug-related deaths in the Glasgow City Council area—up from 114 the previous year—and 132 of them involved an opiate or opioid. The recent rise in deaths is concerning and not unique to Glasgow. I am grateful to the Transform Drug Policy Foundation for its briefing, which informed me that around a third of Europe’s drug misuse deaths occur in the UK. We all need to do something to address this challenge. The British Medical Association and the Advisory Council on the Misuse of Drugs have indicated their support for pursuing safer drug consumption proposals to promote harm reduction. Although that remains a matter for authorities in Glasgow to take forward, the Scottish Government will subsequently consider any formal proposal that is brought to their attention for consideration.
The Misuse of Drugs Act 1971 is reserved legislation, so any proposal is dependent on authorities in Glasgow making a formal request to the Lord Advocate to vary prosecution guidance. It would make sense to devolve all drugs policy to Scotland, to allow the Scottish Parliament to legislate on it and other issues.
The Scottish Government have followed entirely the Tory Government’s approach on recovery-based treatment, as opposed to NHS treatment. Why would devolving power make a ha’pence of difference, when all the SNP has done is to adopt Tory policies and their consequential failures?
I thank the hon. Gentleman for making that point, but I am saying that it would be another tool in our armoury that might allow future drugs policy to go in a different direction. We can only work within the current constraints. At its conference last year, the Scottish National party backed the decriminalisation of cannabis for medicinal use, but that is another issue currently reserved to Westminster, so we cannot go down that line.
A few years ago, a survey conducted by Scottish Families Affected by Alcohol & Drugs found that peer support was an important part of the recovery process. It also found that despite the pressures most families wait at least two years before seeking help—a delay that can prove fatal, as evidenced by the constituents I mentioned earlier. Their loved one had been using for about six months, by their own reckoning, prior to his death.
In my area we have a wide range of support services. In Linlithgow, the 1st Step Café is run by people who are in recovery, and who now help others living with the effects of addiction. Across West Lothian, the social work addictions team—known as SWAT—supports those affected by drugs or alcohol to plan for recovery, and promotes goal-focused work to make positive changes. In the Falkirk and Forth valley area, Addictions Support and Counselling assists with community rehabilitation and recovery.
Undoubtedly for the users, their families and local communities, recovery is the key, but it cannot work on its own. It has to be coupled with education about the dangers and about harm reduction, and with public health measures—improving access to treatment and reducing waiting times. In short, the issue is no longer simply one of law enforcement, although tackling the supply of drugs and drug-related anti-social behaviour will, I suspect, remain a permanent feature of our societies for some considerable time.
(7 years, 5 months ago)
Commons ChamberI think the right hon. Lady has slightly misunderstood the situation. If somebody from the European Union and their family are here, they will have that ability to have settled status. If they have not been here for five years but they stay for five years, they will be able to attain that right. I also point out to her that family life cannot be established here at the taxpayers’ expense. That is perfectly right; family migrants must be able to integrate. That is what our family immigration rules achieve, and it is an approach that the Supreme Court has endorsed.
T1. If she will make a statement on her departmental responsibilities.
There is substantial interest in the House about this Government’s policy about removing counter-terrorism online, and I want to update the House briefly.
Last week in Ottawa, we secured support from Australia, Canada, New Zealand and the US for the Government campaign to take terrorist material offline. Together, we announced that companies including Facebook, Google, Microsoft and Twitter would form a new global industry forum to tackle terrorist use of the internet. We made it clear that hateful content used to recruit and radicalise should not be allowed on their platforms and must be removed faster and more proactively. The commitment from fellow “Five Eyes” members to a shared approach and their backing of a new industry group is a vital step forward. I plan to travel to the west coast of America to continue discussions with major technology companies and to see what progress they are making on the forum, and I will share these findings. The key to successful action here is to make sure that we have a truly global initiative engaging other countries and the international headquarters of these businesses.
The Scottish Affairs Select Committee, the Scottish Chambers of Commerce and the Institute of Directors have all said that Scotland requires a different immigration policy for its unique demographic needs. Will the Home Secretary consider the report by Professor Christina Boswell of the University of Edinburgh that evaluates the options for a differentiated approach to immigration policy in Scotland?
I do not think that we should have a different immigration policy for different parts of the United Kingdom, but I do think that we should have a fair, open and inclusive immigration system that will attract the brightest and the best, the right students and the people who are legitimately coming here to join their families. We will ensure that when we consult stakeholders and businesses over the summer, we have Scotland and other parts of the country in mind.
(7 years, 8 months ago)
General CommitteesIt is a pleasure to serve under your chairmanship, Mr Rosindell. I welcome the people from Hansard; they will be pleased to know that I will not attempt any of the names in the draft order—I struggle to read them, let alone pronounce them. I, too, support the order.
(7 years, 9 months ago)
Commons ChamberMy hon. Friend makes an important point. Fortunately, very few of us in this House can ever understand or will ever have to go through what the family of Tanis Bhandari had to go through; that was a tragic incident that we all wish would never happen to anybody. My hon. Friend is right that the process around post-sentence supervision has changed following the implementation of the Offender Rehabilitation Act 2014, but I am always willing, as, I know, are colleagues at the Ministry of Justice—I think my hon. Friend has arranged for the family to meet the Secretary of State for Justice later today—to look at what more we can learn from the experiences of today and the past.
The Prime Minister has made it clear that one of her 12 negotiating priorities is to secure the status of EU nationals already living in the UK as soon as possible, once formal negotiations have begun. She has also made it clear that she seeks a deal based on reciprocity, which also secures the status of UK nationals living elsewhere in the EU.
The cross-party Exiting the European Union Committee published its second report yesterday. It unanimously agreed that the Government should make a unilateral decision to safeguard the rights of EU nationals living in the UK. Will the Home Secretary now commit to doing so?
I will of course read the report with the respect and interest that it deserves. Nevertheless, I feel that reciprocity is an important part of securing the position not only of the EU nationals, who add such value to our economy and are so welcome here, but the UK citizens who live their lives abroad in the EU.