Immigration White Paper

Mike Gapes Excerpts

Monday 5th February 2018 Commons Chamber

[Caroline Nokes]

My right hon. Friend is right to point out that people who come to this country to work—whether they are from the EU or outside the EU—make a valuable contribution. That is part of the reason why, through the settled status scheme, we seek to recognise that and to make sure that these 3.5 million people can register as seamlessly as possible.

[Mike Gapes (Ilford South) (Lab/Co-op)]

The Minister said that the issues around EU nationals in this country have been resolved. Is it not a fact that the European Commission made it clear that the circumstances of EU nationals married to British citizens who have chosen to come into this country using treaty rights under article 21 of the treaty of the European Union and the Surinder Singh judgment have not been resolved? Is there not a large group of people in this country married to people from other EU countries who have a level of uncertainty about their future?

[Caroline Nokes]

The agreement that the Prime Minister came to with other EU leaders on 8 December was really important, because we are seeking to make the rights of EU citizens and their dependants as clear as possible, and to make it as easy as possible for them to register so that they can have the certainty to which they are entitled.

Proscription of Hezbollah

Mike Gapes Excerpts

Thursday 25th January 2018 Commons Chamber

[Joan Ryan (Enfield North) (Lab)]

I beg to move,

That this House believes that Hezbollah is a terrorist organisation driven by an antisemitic ideology that seeks the destruction of Israel; notes that Hezbollah declares itself to be one organisation without distinguishable political or military wings; is concerned that the military wing of that organisation is proscribed, but its political wing is not; and calls on the Government to include Hezbollah in its entirety on the list of proscribed organisations.

[Mike Gapes (Ilford South) (Lab/Co-op)]

I am pleased that my right hon. Friend is bringing this issue to the House. I do not know whether she is aware of this, but in December the Government held a debate on the extension of proscribed organisations. During that debate, the Minister for Security and Economic Crime told me that only the military organisation of Hezbollah was proscribed, but that Hezbollah supporters who engaged in terrorist activities in this country would be prosecuted.

Does my right hon. Friend agree that terrorist activities should not be the only grounds for prosecution, and that there should be prosecutions for incitement to hatred, incitement to anti-Semitism and other crimes that are being committed on the streets of London? As the Mayor of London has said, Hezbollah should be banned in its entirety.

[Joan Ryan]

I absolutely agree with my hon. Friend and I thank him for that intervention, which I take as 100% support for the motion.

I am the chair of Labour Friends of Israel, an organisation that has campaigned for many years on the issue that we are addressing. Hezbollah is a terrorist organisation, driven by anti-Semitic ideology, which seeks the destruction of Israel. It has wreaked death and destruction throughout the middle east, aiding and abetting the Assad regime’s butchery in Syria and helping to drive Iran’s expansionism throughout the region. It makes no distinction between its political and military wings, and nor should the British Government.

In 2010, the Obama Administration labelled Hezbollah

“the most technically capable terrorist group in the world”.

Over the past three decades, it has been implicated in a string of deadly attacks against Israeli, Jewish and western targets in the middle east and far beyond. Its operatives have been arrested for plotting or carrying out attacks across the globe, in Europe, Asia, Africa and South America. The litany of death and violence widely attributed to Hezbollah includes the 1983 murder in Beirut of 241 American and 58 French peacekeepers; the 1986 wave of bombings against Jewish communal targets in Paris, in which 13 people died; the 1992 attack on the Israeli embassy in Buenos Aires, in which 29 people died; the 1994 bombing of the Argentine-Jewish mutual association, which led to the deaths of 85 people; the 1996 Khobar Towers bombing in which 19 US servicemen lost their lives and nearly 500 people were injured; and the 2012 attack on a bus of Israeli tourists in the Bulgarian resort of Burgas, in which six people were murdered and for which two people finally went on trial last week.

Such terrorist acts are promoted, glorified and encouraged by the Hezbollah leadership. Hezbollah’s secretary-general, Hassan Nasrallah, has, for instance, praised suicide bombings—or “martyrdom operations”, as he prefers to describe them—as

“legitimate, honourable, legal, humanitarian and ethical actions”

saying that “those who love death” will triumph over those who fear it.

Prevention and Suppression of Terrorism

Mike Gapes Excerpts

Tuesday 19th December 2017 Commons Chamber

[The Minister for Security (Mr Ben Wallace)]

I beg to move,

That the draft Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2017, which was laid before this House on 18 December, be approved.

The threat level in the United Kingdom, which is set by the joint terrorism analysis centre, remains at severe. This means that a terrorist attack on our country is highly likely and could occur without warning. We can never entirely eliminate the threat from terrorism, but we are determined to do all we can to minimise the threat to the United Kingdom and our interests abroad, as well as to disrupt those who would engage in it. Recognising that terrorism is a global threat that is best tackled in partnership, it is also important that we demonstrate our support for other members of the international community in their efforts to tackle terrorism wherever it occurs.

Proscription is an important part of the Government’s strategy to disrupt the activities of terrorist groups and those who provide support to them. The order would add four groups to the list of proscribed organisations by amending schedule 2 of the Terrorism Act 2000: al-Ashtar Brigades, including its aliases Saraya al-Ashtar, Wa’ad Allah Brigades, Islamic Allah Brigades, Imam al-Mahdi Brigades and al-Haydariyah Brigades; al-Mukhtar Brigades, including Saraya al-Mukhtar; Hasam, including Harakat Sawa’d Misr and Harakat Hasm; and Liwa al-Thawra. This is the 22nd proscription order under the 2000 Act.

The proscriptions send a strong message that terrorist activity is not tolerated wherever it happens. Under section 3 of the Act, the Home Secretary has the power to proscribe an organisation if she believes it is concerned in terrorism. If the statutory test is met, the Home Secretary may then exercise her discretion to proscribe the organisation. The Home Secretary takes into account a number of factors in considering whether to exercise that discretion. These include: the nature and scale of an organisation’s activities; and the need to support other members of the international community in tackling terrorism.

The effect of proscription is that a listed organisation is outlawed and unable to operate in the United Kingdom. It is a criminal offence for a person to belong to, invite or provide support for, or arrange a meeting in support of, a proscribed organisation. It is also an offence to wear clothing or carry articles in public, such as flags that arouse reasonable suspicion that an individual is a member or a supporter of a proscribed organisation.

Proscription sends a strong message to deter fundraising and recruitment for proscribed organisations. The assets of a proscribed organisation can become subject to seizure as terrorist assets. Proscription can also support other disruptions of terrorist activity, including for example the use of immigration powers such as exclusion from the UK where the individual is linked to a proscribed organisation and their presence in the United Kingdom would not be in the public interest. Given its wide-ranging impact, the Home Secretary only exercises her powers to proscribe after thoroughly reviewing the available evidence of an organisation. This includes information from both open sources and sensitive intelligence, as well as advice that reflects consultation across Government, including with the intelligence and law enforcement agencies. The cross-Government proscription review group supports the Home Secretary in this decision-making process. The Home Secretary’s decision to proscribe is taken only after great care and consideration of each case, but given the impact the power can have, it is appropriate that proscription must be approved by both Houses. Having carefully considered all the evidence, the Home Secretary believes that al-Ashtar Brigades, al-Mukhtar Brigades, Hasam and Liwa al-Thawra are currently concerned in terrorism.

Although I am unable to comment on specific intelligence, I can provide a summary of each group’s activities in turn. The first group the order proscribes is al-Ashtar Brigades and its aliases. It is a Bahrain-based Shi’a militant organisation established in 2013. Its aim is to overthrow the Bahraini al-Khalifa ruling family through violent militant operations. It lists the ruling al-Khalifa family, Bahraini security forces and Saudi Arabia as targets for attacks. The group has claimed responsibility for numerous attacks in Bahrain, including a jail break of 10 convicted terrorists that led to the death of a police officer in January 2017; an improvised explosive device attack in a bus station in Sitrah, which was claimed by the group under the name Wa’ad Allah Brigades in February; and an attack on a police vehicle near the village of al-Qadeem in July. More generally, the group has incited violent activity against the Bahraini Government, as well as the British, American and Saudi Arabian Governments on social media.

The second group the order proscribes is al-Mukhtar Brigades, also known as Saraya al-Mukhtar, a Bahrain-based Shi’a militant organisation established in 2013. It lists the al-Khalifa ruling family, Bahraini security forces and Saudi Arabia as targets for attacks. The group’s activities include the continued promotion and glorification of terrorism via social media throughout 2017.

The third group to be proscribed is Hasam and its aliases. Hasam is an extremist group targeting Egyptian security forces and the overthrow of the Egyptian Government. It announced its creation on 16 July 2016, following an attack conducted in Fayoum Governorate in Egypt. In September 2016, the group claimed responsibility for the attempted assassination of Assistant Prosecutor General Zakaria Abdel-Aziz and the attempted assassination of former Grand Mufti of Egypt Ali Gomaa a month earlier. The group has claimed responsibility for over 15 attacks between March and September this year in Cairo. It carried out small arms fire attacks in March, May and July, and bomb attacks in March, June and September, the latter exploding close to the Myanmar embassy in Cairo.

The final group to be proscribed is Liwa al-Thawra, another extremist opposition group using violent tactics against Egyptian security forces and aiming at the end of the Egyptian Government. It announced its creation on 21 August 2016, following an attack in Monofeya. The group has claimed responsibility for attacks, including bombings and assassinations, including the attack in Monofeya in Egypt, the assassination of Egyptian Brigadier General Adel Regali in October 2016, and in April 2017 the bombing of the Egyptian police training centre in Tanta, Egypt.

In addition to adding these groups, we propose to remove Hezb-e Islami Gulbuddin from the list of proscribed organisations. The HIG—for short—is an offshoot of the political Hezb-e Islami party and was formed in 1977 in response to the Soviet invasion of Afghanistan. You must forgive me, Madam Deputy Speaker, for my mix of Arabic and Lancashire—it does not make for the best dialect of Arabic or Pashtun, but we will get there. The HIG—I will go easy on people’s ears—is anti-western and seeks the creation of a fundamentalist Islamic state in Afghanistan. Since 2001, its main objective has been the removal of western forces and influence in Afghanistan as well as restoring Islamic law.

The HIG has been proscribed in the UK since October 2005. However, on 22 September 2016, the group agreed to a peace deal with Afghanistan’s Government. After careful consideration, the Home Secretary has concluded that there is not sufficient evidence to support a reasonable belief that the HIG continues to be concerned in terrorism as defined by section 3(5) of the Terrorism Act 2000. Under that section, the Home Secretary has the power to remove an organisation from the list of proscribed organisations if she believes that it no longer meets the statutory test for proscription. Accordingly the Home Secretary has brought forward this order. If the order is approved, HIG will be removed from the list of proscribed organisations, which means that being a member of HIG, or inviting or providing support for it, will cease to be a criminal offence on the day that the order comes into force.

[Mike Gapes (Ilford South) (Lab/Co-op)]

I broadly support the Minister’s proposals, but how can we be sure that adding organisations to the list in any way makes our authorities effective in combating them, given that in the last few months terrorist organisations have been parading openly with their flags—in Arabic—in the centre of London, and prosecutions have not occurred?

[Mr Wallace]

Proscription opens up a whole new level of offences for which people can be prosecuted. Proscribing an organisation allows asset-freezing and prosecution, but other offences can be linked to such activity. The hon. Gentleman is right to point out that it is often hard to prove membership—very few of these organisations have membership cards and joining ceremonies—but the order gives our law enforcement agencies more powers with which to prosecute a campaign against them.

The hon. Gentleman also mentioned flags, no doubt referring to Hezbollah and Hamas. Those organisations are not proscribed in their entirety. Their military wings are proscribed, but as Hezbollah forms part of the Government in Lebanon and Hamas plays an active role in its part of the region as a member of a Government, the proscription applies only to the military wing. In some cases the flags are identical, but that does not mean that if people participate in Hezbollah-supporting actions here that constitute terrorism or anything linked to it, our police and law enforcement agencies will not act. We have acted in respect of Hezbollah and Hamas in the past, either to disrupt activity or to bring prosecutions.

We do not condone any terrorist activity, and we always take a cautious approach to de-proscription. De-proscription of a particular group should not be interpreted as the UK Government’s condoning any previous activities of that group. We have always been clear about the fact that HIG was a terrorist organisation. Groups that do not meet the threshold for proscription must remain within the law, and are not free to spread hatred, fund terrorist activity or incite violence as they please. The police have comprehensive powers to take action against individuals who engage in such activity, under the criminal law. We are determined to detect and disrupt all terrorist threat, whether home-grown or international. Proscription is just one weapon in the considerable armoury that is at the disposal of the Government, the police and the security services to disrupt terrorist activity.

The Government continue to exercise the proscription power in a proportionate manner, in accordance with the law. We recognise that proscription potentially interferes with individuals’ rights, particularly those protected by article 10—freedom of expression—and article 11 —freedom of association—of the European convention on human rights, and should be exercised only when absolutely necessary. The order demonstrates that when proscription is no longer necessary, we are prepared to act to de-proscribe groups that are no longer “concerned in terrorism”.

I believe that it is right to add these four groups—al-Ashtar Brigades, al-Mukhtar Brigades, Hasam and Liwa al-Thawra Brigade—and their aliases to the list of the proscribed organisations in schedule 2 of the Act, and, equally, that it is proportionate to remove HIG from the list. Subject to the agreement of both Houses, the order will come into force on Friday 22 December.

Terror Attacks

Mike Gapes Excerpts

Thursday 22nd June 2017 Commons Chamber

[Amber Rudd]

I thank the hon. Lady for her helpful contribution to any future conversations I might have with the Chancellor.

[Mike Gapes (Ilford South) (Lab/Co-op)]

Further to the question asked by my friend and constituency neighbour, my right hon. Friend the Member for Barking (Dame Margaret Hodge), houses next to constituents of mine were raided by the police over recent days, and there are links between the people who carried out the vile murders at London Bridge and Borough Market and several parts of east London. We know that radical so-called preachers such as Anjem Choudary were recruiting within our community for years before they were eventually jailed. What are the Government going to do to deal with, as the Home Secretary said, the ideological issues?

[Amber Rudd]

That is the nub of what we are trying to address. The fact is that people are becoming weaponised by the crazed ideology of Daesh, often over the internet while they are at home, and by all the hate material. The message from Daesh is not to join them any more in the so-called caliphate, but instead to become weapons in those people’s communities. We are making sure we work with the internet companies to take that information down, and that we have a programme that reaches out and tries to protect people in those communities so that they do not become radicalised. We are also looking at what else we can do. That is why we are taking part in a review, looking at both the past and the future. We want to make sure that we stop that radicalisation taking hold in people’s communities.

EU Nationals in the UK

Mike Gapes Excerpts

Wednesday 6th July 2016 Commons Chamber

[Yvette Cooper]

My hon. Friend is right. This is an immensely sensitive period and all of us have a responsibility not to give succour to extremists who want to exploit it. That should mean giving confidence to people who have been settled here, often for many years, contributing to our public services or working setting up businesses.

[Mike Gapes (Ilford South) (Lab/Co-op)]

May I draw to my right hon. Friend’s attention to early-day motion 259, of which I am a co-sponsor, which raises exactly that point in respect of all the groups of migrants in this country, as well as the New Europeans group, with which I am pleased to be associated? Will all Members please add their name to early-day motion 259?

[Yvette Cooper]

My hon. Friend makes an important point. We all know that immigration has made a huge contribution to this country over very many centuries and that it will be important for our future.

As a result of the referendum I expect immigration rules to change for the future, and I have argued myself that free movement should be reformed even from within the EU, but there is a big difference between changing immigration rules for the future and suddenly ripping up the rights of people who are settled here, people who are living here now and have been doing so in good faith.

The Immigration Minister made three points today. First, he said that we would effectively guarantee only if the rights of British expats were also agreed. Secondly, he said that the matter was complicated because employment rules and benefit rules were also at stake. That suggests that he is saying that he might be considering ripping up the employment rules in respect of people who are here, so that they would be allowed to stay, but suddenly they might not be able to work. If he is not considering ripping up the employment rules or the benefit rules, why does he suddenly throw that into the debate as a reason to delay securing the rights and the status of people who are here already? Thirdly, the Minister said that the matter would have to be looked at by the EU unit. As he knows, the EU unit is hardly set up at all. Staff are still being recruited. The unit has huge numbers of things to look at. It will not take any decisions until the new Prime Minister is in place and that is simply not fair on people.

Kids in the playground are being told that they have to go home. They are being bullied or teased at school and told that they might have to go home. Their parents cannot say to them, their teachers cannot say to them, and we as their MPs cannot say to them, “No. We can guarantee that you are not going to have to go home”, because the Immigration Minister will not say it and the Home Secretary will not say it. Unless both of them and the whole House say it, how can their teachers and parents reassure those kids in school right now? That is why the Minister should do it. It is not a big step for him to give that reassurance now.

I agree with the Minister that he should also advocate for the rights of British expats. There are pensioners who have invested their life savings in homes in Spain or Italy. We should be standing up for them and for people who are working in France and Germany.

EU Nationals: UK Residence

Mike Gapes Excerpts

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

I am grateful to my hon. Friend for underlining the contribution that EU and other citizens make in providing care in the NHS and in the care sector for our elderly. Obviously, as part of the negotiations, we want to ensure that there is an assurance. It exists now—I stress that again—but I acknowledge the priority she has given to it.

[Mike Gapes (Ilford South) (Lab/Co-op)]

My right hon. Friend the Member for Birmingham, Edgbaston (Ms Stuart) led the campaign that got us into this mess. May I take up with the Minister something he said about the British people living in other European countries? I declare an interest as president of Labour International. We have heard from lots of people who live in Spain and elsewhere who are very concerned about their future. Can the Minister end the uncertainty for those British people—many of whom could not vote in the referendum because they have been abroad for longer than 15 years —that they will not be forced out of Spain, France or elsewhere, by ensuring that the British Government make a quick, early statement on security for citizens of those countries here?

[James Brokenshire]

The hon. Gentleman makes his point well on the bigger implications and broader issues that we absolutely have to acknowledge in making decisions. That is why we need to act with care, consideration and thought, to ensure that we consider the rights not only of those from the EU who are here, but of British citizens overseas, who will be feeling equally uncertain. We need to think about both in our discussions.

Football Fan Violence: Euro 2016

Mike Gapes Excerpts

Tuesday 14th June 2016 Commons Chamber

[Mrs May]

You will have noticed, Mr Speaker, that I am trying to avoid commenting on any results of matches that have taken place.

I can tell the hon. Gentleman that we are paying attention to the policing of all the matches that involve home nations. Police from Wales, England and Northern Ireland are in France, and Assistant Chief Constable Roberts is working with all the police and the French authorities on behalf of every home nation.

[Mike Gapes (Ilford South) (Lab/Co-op)]

Following the Home Secretary’s answer to my hon. Friend the Member for Sheffield South East (Mr Betts), may I ask her whether she has read the remarks of Mr Igor Lebedev, a Member of the Russian Parliament who is also a member of the executive of the Football Union of Russia? He has actually said, “Well done, lads—keep it up,” to those thugs and hooligans. Given that he is a member of the so-called—apologies—Liberal Democratic party, which is a fascist party in Russia, does that not indicate that there is a wider political problem that calls into question whether Russia should host the World cup?

[Mrs May]

I have seen a newspaper report of those remarks, which were utterly irresponsible and not remarks that we would expect to hear from anyone. I would not expect anyone to support the violence that was perpetrated by Russian fans against England fans, or to express any belief that that was in any respect the right way to behave. I think that it was an utterly appalling statement. I have indicated that there are issues to be addressed in the future in relation to football in Russia, given everything that has been seen.

Orlando Attack: UK Security Measures

Mike Gapes Excerpts

Monday 13th June 2016 Commons Chamber

[Mrs May]

My right hon. Friend the Secretary of State for Justice has initiated a review of the issue of extremism in prisons, and the Home Office will be working with the Ministry of Justice when it is possible to work on the recommendations from that review. We are all very clear that, in an environment where it is possible for terrorist offenders to come into contact with serious and organised criminals, it is important to ensure not only that that is managed very carefully, but that we deal with the potential for radicalisation and extremism.

[Mike Gapes (Ilford South) (Lab/Co-op)]

A number of countries have sent messages of solidarity with the United States and the people of Orlando, but some of those countries, including Egypt and Saudia Arabia, themselves have the death penalty for homosexuality and have arrested hundreds of people in the past two years. Is it not time that all those countries came into the 21st century and recognised that they have to match their words with deeds and legislation?

[Mrs May]

I am very clear in my views—and I am sure other Members of this House are clear in theirs—on issues associated with the death penalty, including the death penalty for the sort of issue the hon. Gentleman has raised. This is of course a matter for those countries themselves, but these subjects are regularly raised by British Ministers when they are in discussion with those countries.

Removal of Foreign National Offenders and EU Prisoners

Mike Gapes Excerpts

Monday 6th June 2016 Commons Chamber

[Mrs May]

On the last point, I simply say to my hon. Friend that he should not always believe everything he reads in the newspapers in relation to the action that is taking place. He refers to the record and says that all 13,000 foreign national offenders are wandering the streets; I should be very clear with the House that they are not doing so. A significant number of them are serving custodial sentences and are therefore within our prison estate, and some of them, having been detained, are within our immigration detention estate, waiting for their deportation.

I am clear, as is my hon. Friend, that we need to do more in this area. That is why the Government have made a number of legislative changes to make it easier for us to deport people, and to rebalance the system in reference to article 8. We will continue to put forward changes that we think will improve our ability to deport foreign national offenders.

[Mike Gapes (Ilford South) (Lab/Co-op)]

The Home Secretary mentioned the European arrest warrant. If we voted to leave the European Union, what would happen to the implementation of the European arrest warrant system, and would it make it more difficult or easier to get people back from other countries when we want to imprison them in this country for crimes committed here?

[Mrs May]

I think the European arrest warrant is a very useful tool for us to access as a member of the European Union. That is why, when we considered the justice and home affairs opt-in/opt-out decision, I proposed to the House that we should go back into the European arrest warrant system, and the House voted to do so unanimously. If we were not a member of the European Union, we would have to negotiate alternative arrangements, but that might not be possible with every country. For example, some member states of the European Union will not allow the extradition of their nationals to countries other than members of the European Union.

Oral Answers to Questions

Mike Gapes Excerpts

Monday 11th April 2016 Commons Chamber

[Mr Speaker]

It is good to see the hon. Member for Ilford South (Mike Gapes) back in his place.

[Mike Gapes (Ilford South) (Lab/Co-op)]

7. What discussions she has had with her ministerial colleagues on the effect of changes to immigration rules on recruitment of overseas workers.

[The Minister for Immigration (James Brokenshire)]

The Home Office works closely, at ministerial and official levels, with interested Departments on all significant changes to migration policy. The reforms we have announced have been collectively agreed. May I too welcome the hon. Gentleman to his place?

[Mike Gapes]

May I thank all colleagues who sent me messages during my involuntary absence? I’m back.

Will the Minister explain how it is that his Department is proposing a £35,000 salary threshold, which will have a detrimental impact in many areas where we have shortage occupations? Can he explain why the initial priority list of jobs did not include NHS nurses? I was treated by nurses from all over the world, including some from European Union countries, and I know that in London there will be a major recruitment problem. Already, we cannot provide enough nurses for our NHS and, if we take away recruitment opportunities from NHS trusts in London and elsewhere, we will have major shortages.

[James Brokenshire]

It is great to see the hon. Gentleman back in his place, and clearly fighting fit.

In essence, the £35,000 threshold applies to gaining settlement, allowing people to extend their time in the UK. We took considered advice from the Migration Advisory Committee at the time it was set, back in 2011, and employers have had five years to prepare for the change. Occupations on the shortage occupation list, including nursing and other shortage skills, are excluded from the requirement. We have carefully considered the independent advice from the MAC on that important matter.