(1 week, 6 days ago)
Commons ChamberI am grateful for my right hon. Friend’s intervention, and I am reassured by his comments.
In a previous life, I was a barrister specialising in health and safety risk and risk management, and I was later the managing director of the leisure company Go Ape—Members might not have heard of it—and was responsible for the risk management of over 1 million customers a year. We could have killed every single one of them, so I am deeply familiar with the appropriate mechanisms for risk management. One risk that has to be taken into account is that, if the response is too great or too onerous for the assessed risk, people might not think it is reasonable, leading to omission.
Effective risk management requires mitigations to be put in place that bear some relation to the severity of the anticipated adverse event multiplied by its likelihood. I am very concerned that the previous Administration’s initial proposal that these duties should apply to premises with a capacity of as few as 100 people would have broken that association between a reasonable response and the assessed risk.
I am therefore grateful and impressed that the Government have listened and changed clause 2(2)(c) to raise the standard duty threshold to a capacity of 200. To my mind, that seems a reasonable compromise to protect smaller facilities, which are, of course, most likely to rely entirely on volunteers, and are unlikely to have the financial capacity to undertake the kind of paid-for training suggested by the Liberal Democrat new clause 2 or to have enough volunteers who are prepared to accept this additional burden on their free time. I think this strikes the right balance. However, I am concerned that paragraph (a) in clause 32 introduces a power, through regulations, to reduce the figure back down to 100 without giving a reason. Why is that?
I therefore support new clauses 25 and 26, which would set minimum thresholds of 200 for the standard duty and 500 for the enhanced duty. A cross-party approach has taken the Bill this far, and it is important that that approach is maintained.
I join other Members in paying tribute to Figen Murray for the tenacity and courage with which she has campaigned—a campaign that has done so much to bring us to this point. Any of us who have been touched, even indirectly, by a terrorist attack know the pain, the loss and the shock. That pain is only made worse if there is a suspicion that anything, no matter how slight, might have been done to have avoided or reduced the harm done. In fighting this campaign, Mrs Murray really has done Martyn’s memory proud.
As has been obvious throughout this debate, there is a huge amount of consensus on the need for the measures in this Bill. It is a good Bill. The draft Bill before the election was a good draft, it was improved by pre-legislative scrutiny, and the Bill that this Government introduced and that has come out of Committee is better. The decision before us tonight is not whether we want these measures, because I think we agree, without exception, that we do. The decision before us is what can be done to make this the very best Bill it can be—one that provides the protections that are so clearly needed, as we heard from witnesses in the Committee’s evidence sessions and throughout the debate around the Bill, both inside and outside this House, without putting an unnecessary burden on those venues that do not need it for the purpose that we seek.
It is precisely because this Bill has broadly struck the right note that I rise to support new clauses 25 and 26, tabled in the names of the shadow Minister and the shadow Home Secretary, my hon. Friend the Member for Stockton West (Matt Vickers) and my right hon. Friend the Member for Croydon South (Chris Philp) respectively. In doing so, I draw attention to my entry in the Register of Members’ Financial Interests relating to hospitality, although I intend to speak primarily not on the hospitality sector, but on the voluntary sector and volunteer-run venues.
I am thinking, in particular, of a venue in the constituency I represented until this year’s general election. The Brierley Hill Civic is a medium-sized venue in the Black Country and, about a decade ago, an asset transfer process was started to transfer it from Dudley council to Dudley council for voluntary service. Over that time, Dudley CVS has done a fantastic job—a really professional job in every sense of the word—in providing a first-class venue for the area. It will typically host a few events each year that top 500 attendees, although they do not reach as high as 800.
The standard duty in this Bill is absolutely appropriate for a venue like Brierley Hill Civic. The concern is about how Dudley CVS, which is primarily run by volunteers, would be able to fulfil the enhanced duties if the threshold were suddenly lowered, taking the venue into the enhanced duty category. That would cause them great difficulty on a practical level as well as a financial level, because as a non-profit-making organisation, they have to balance the books.
(2 years, 3 months ago)
Commons ChamberFirst and foremost, as well as all our work with the Government of Rwanda—even prior to the announcement of this policy and the work that went into this partnership—plenty of in-country work has been undertaken. That is part of our country report and planning work, and all the advice that is taken in-country and across Government. With that, however, it is important to recognise that this partnership is very clear in terms of standards, the treatment of people who are relocated to Rwanda, the resources that are put in, and the processing of how every applicant is treated.
There are various reports—not all of them accurate—about the limit on the number of people who can be processed under the partnership agreement with Rwanda. What action is being taken to increase capacity in Rwanda to accept more asylum seekers so that the full benefits of the partnership can be realised?
It is important to emphasise again that the number of people who can be relocated is unlimited and, importantly, they have the support and capacity in-country—that is part of the resources that we have put in, and part of the programming approach that has been developed directly with the Government of Rwanda.
(2 years, 6 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 refer the hon. Gentleman to the country information available out there. That is a comprehensive assessment of the situation, and it touches on these very issues. That work, I understand, is reputable and highly regarded in the judicial sphere as an accurate assessment of in-country situations. I certainly encourage him to have a look at it.
The BBC News website has reported in the past few minutes that the Court of Appeal has decided not to block the flights to Rwanda this week. As the Minister will remember, the Nationality and Borders Bill Committee considered and supported allowing the processing of asylum claims in safe third countries—a decision repeatedly restated by the whole House when it considered the Bill. In deciding whether Rwanda is a safe country, is the Minister aware of any other countries or international organisations that make use of the resettlement to Rwanda of either asylum seekers or refugees?
Having known me for a long time, my hon. Friend will understand that I will want to read that judgment for myself before commenting authoritatively. What I can say to him, however, is that resettlement opportunities and support are provided for those seeking refuge in Rwanda, through, for example, the emergency transit mechanism involving the United Nations High Commissioner for Refugees. That, I think, speaks volumes about the view that it takes about people being safe when they are in Rwanda, and I think it is something of which we should take note.
(2 years, 8 months ago)
Commons ChamberThe various points that the hon. Lady raised in the first half of her remarks will be addressed by Her Majesty’s inspectorate as it looks at vetting procedures across the whole country. The purpose of the investigation commissioned by my right hon. Friend the Home Secretary was to show the leadership that she is looking for and to expose what we now know to be the systematic failings of the organisation and its failure to address the problems of the report over recent years. We will know more on the questions that the hon. Lady rightly asks about the worrying issues raised by this report when HMI concludes its national inspection, which I hope will be shortly.
On the hon. Lady’s point about the duty of candour, as I explained during the debate on the consideration of Lords amendments to the Policing Bill, we changed the regulations to make it a disciplinary offence, subject to dismissal, not to co-operate with an investigation, which we believe is a stronger sanction. The inspection report said that the Metropolitan Police had co-operated with the independent panel.
I am disappointed at the hon. Lady’s lack of attention to the oversight mechanism of the Mayor’s Office for Policing and Crime. Over the past five years, the Mayor of London has been in control of an entire organisation whose job it is to hold the Metropolitan Police to account and to drive standards up. Certainly, in the four years between 2008 and 2012, when I was Deputy Mayor for Policing and Crime, that was exactly what we tried to do. We initiated a race and faith inquiry that looked more widely at culture across the whole of the Met Police to try to drive improvement.
I would hope that the Mayor—[Interruption.] Madam Deputy Speaker, is there any chance you could ask the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) to stop barracking from a sedentary position? This is a very serious matter that must be addressed and taken seriously by all levels of Government, and that includes the Mayor of London. Given that that is the entire purpose of the Mayor’s Office for Policing and Crime, I am afraid I am not willing to ignore the fact that the holding of the organisation to account is primarily the function of City Hall.
We at the Home Office have our part to play in setting national standards, and we will absolutely do that, whether that is reviewing with the College of Policing the professional practice around vetting, as we are doing, or changing the regulations if we need to do so. In the immediate short term, however, the statutory obligation to respond lies with the Mayor of London and I hope he will fulfil his obligations within the 56 days set in law by this House.
As the son of a retired police officer, I know the incredible work that the majority of police do to fight crime and keep us safe. When officers breach the high standards expected of them, it fundamentally undermines the trust that their work relies on. Will my right hon. Friend join me in condemning the behaviour revealed in this report, and send a clear message that this kind of behaviour cannot be tolerated in any police force anywhere in the country?
I applaud my hon. Friend’s sentiment. As someone who, like me, has an intimate knowledge of policing, I am sure he will acknowledge that there will be thousands of police officers up and down the land who are as disappointed and distressed by the revelations today as we are. They want to work in a profession—a vocation—of which they can be proud and which they know is trusted by the public. Making sure that this kind of corruption and behaviour is rooted out will be as much a part of their motivation as it is ours.
(2 years, 9 months ago)
Commons ChamberAs I said, if the hon. Lady wants to send me the details we will look into that.
I think most of my constituents would like us to be generous with the sanctuary that we offer to those fleeing besieged homes. The measures my right hon. Friend announced will allow people to turn their generosity into practical and direct action. Will she continue to work with organisations, such as the United Nations and the Red Cross, to look at how else we can best support those in need?
My hon. Friend is absolutely right. I want to come back to a point I made earlier on. The situation is very difficult in-region and in Ukraine. Inevitably, UN agencies will be asked to do more and there will be more convening. It will not just be about money, but practical aid and support. We will continue to work with agency partners in the United Kingdom, because we have to integrate and join up how we help the people of Ukraine.
(3 years, 1 month 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
First, I have been directly engaging with the French Government and the French Interior Minister. In regard to that comment about stopping crossings 100%, those were not my words but those of the French Interior Minister.
International people smugglers know that they only need to get the boats into British waters before their clients can claim asylum in the UK. Does the Home Secretary agree that we must therefore change legislation to allow for the option of offshore processing and return? What message does she think it sends when the Labour party calls for action in this place, but then whips its Members to vote against every part of the Bill that would make it happen?
My hon. Friend has seen the Labour party in action in the Bill Committee, where it is opposing the solutions that this Government are putting forward and our strong legislation to break the people smuggling gangs and ensure that we can find safe and legal routes for people fleeing persecution. It is also important to add on this point that when it comes to processing asylum claims, we must have a differentiated approach. Through this Bill, we want to end some of the pull factors for the economic migrants who have been masquerading as asylum seekers and elbowing to one side women and children—the very people to whom we should be giving asylum.
(3 years, 2 months ago)
Public Bill CommitteesExactly. I thank the hon. Member for saying that. The right hon. Member for Scarborough and Whitby argues that those who have money are not vulnerable or in danger of persecution. In the case of the 22-year-old I was talking about, I have no idea how much money the couple have. They may be wealthy beyond our wildest dreams, but that does not stop her being under threat of multiple rapes by the Taliban. The money is a bit of a red herring.
Often, a vulnerable young man will pay the people smugglers with money gathered by the wider family selling property, because they need somebody to get out and get help for the whole family. We cannot assume that they have the money in the first place, or that they are not clocking up a debt that they will have to pay back, or that the fact of having money will make any difference to their safety.
The right hon. Gentleman says that the effect of my opposition to the proposal leads to people not using safe and legal routes. He says that he is not saying that I am endorsing the people smugglers, but equally, I could say that his refusal to push his Government to set up safe and legal routes before bringing in any other legislation is a case of him endorsing people smugglers. What other option do people have? Now, I am not saying that, but I hope he takes my point.
The hon. Lady is misrepresenting the point my right hon. Friend made. He was not in any way suggesting that those with wealth cannot be vulnerable, but it cannot possibly sit comfortably with people who describe themselves as socialist to suggest that there should be channels that are, in effect, available only to those with substantial wealth, on a scale different from much of the rest of the vulnerable population.
Order. I am sorry to intervene, but I think we have to stop reinterpreting what the last person to speak said. We are all quite clear that no one in this room supports people traffickers. We should move on.
(3 years, 2 months ago)
Public Bill CommitteesMy hon. Friend makes an excellent point, and he is absolutely right. People linked to my constituents are Chevening scholars who were told to go to Kabul airport. They got no assistance and are still stuck in Afghanistan, with no way to get out. It is deeply concerning, and they feel let down.
It clearly makes no sense to seek to penalise and, in some cases, even criminalise those who have been forced to take dangerous journeys. In our view, it is an insidious way of dehumanising a group of people who deserve our support—it is victim blaming of the most crass and immoral type. Penalising people for how they have arrived in the UK has particular implications for already vulnerable groups of refugees, such as women and those from LGBT communities. Women are often compelled to take irregular routes to reach safety, as we can see only too clearly in Afghanistan. There are simply no safe and legal routes that exist. Even the Government’s much-vaunted resettlement scheme relies on women escaping from a regime in which they are forbidden to walk around freely in the streets.
In many cases, even if the Government created new safe routes from dangerous parts of the world, they would simply not be available to all those in need of protection. Many women would not be able to safely reach an embassy or cross a border to access a resettlement programme, if those routes did indeed exist. Some women would be able to disclose their need for protection only once they reached a country that they considered safe. Under the proposed changes, however, women who arrive irregularly, including through a safe third country, would be penalised. Furthermore, a woman could be prosecuted, criminalised and imprisoned for one to four years. All these obstacles apply to those from LGBT communities as well. We simply ask the Government: how on earth does this draconian and inhumane treatment of vulnerable groups sit alongside British values of fairness?
Another huge flaw in this part of clause 10 is that many of the journeys facilitated by people smugglers are undoubtedly dangerous. Much attention has been directed by the Home Secretary and certain sectors of the press to the minority of people who enter the UK’s asylum system via boat crossings of the channel. However, that is far from the only dangerous journey that is made to enter the UK; the Home Secretary emphasised that when referring to the tragedy of the 39 Vietnamese people who lost their lives in a container found by Essex police in 2019.
Again, as the Home Secretary identified in her speech, the dangers are not limited to the journeys but are also a feature of the violent and exploitative treatment by people smugglers, traffickers and other abusers. Moreover, many of the people who make dangerous journeys to reach the UK from the continent will already have made dangerous journeys by land and sea, including across the Mediterranean.
The fallacy of the Government’s position in penalising people for making irregular routes to the UK is the same as the fallacy inherent in the stated objective of breaking the business model of people smugglers. Unless the Government can provide safe routes—they plainly have not done so in the case of Afghanistan and elsewhere—penalising people for making unsafe journeys is simply cruel. By not providing safe routes, the Government are also fuelling the business model of people smugglers and then penalising the victims they have a responsibility for creating. Do they not understand or are they simply willing to turn a blind eye? In America in the 1920s, prohibition drove the sale of alcohol underground, and a similar thing will happen here: more people smuggling will take place rather than less. The Government are fuelling the people smuggling business model.
It appears that Ministers and those advising them do not appreciate the compulsion to make these journeys, which is strange because they clearly acknowledge that the journeys are very dangerous and sometimes fatal. They are often highly traumatic, physically and mentally, and generally involve at some point extremely violent and cruelly exploitative people.
To give one example, it has long been documented that there is a practice among the women and girls seeking to cross the Mediterranean from Libya of taking contraceptive medication prior to the journey. That is because those women and girls anticipate that they will be raped. Do Ministers have any idea of the desperation involved in making the decision to take such medication? It is clear that although the women and girls fully understand the danger involved in the journeys, they are still compelled to make them, because the alternative of not doing so is even worse.
If people truly had a reason to believe that they were or would be safe where they are, they would not make the journeys. Simply making the journey more dangerous or the asylum system more unwelcoming will not change that. A salutary lesson ought to be taken from the example in 2014 when pressure from the EU, then including the UK, led to Italy’s decision to abandon its organised search and rescue operations in the Mediterranean. The immediate impact over several months before the Government relented was a huge increase in the number of people dead. The need for the journeys had not changed, so the journeys continued. The dangers of the journeys were greatly increased, so hundreds more people lost their lives. Discriminating against refugees obliged to arrive spontaneously will not prevent desperate people from making dangerous journeys. There is strong evidence that a policy focused on closing borders forces migrants and refugees to take more dangerous journeys and leaves them more vulnerable to traffickers.
That brings me to section 2(a) of the clause, which states that group 1 refugees must have
“come to the United Kingdom directly from a country or territory where their life or freedom was threatened”.
In other words, the Government are setting an expectation that to be a refugee who is supposedly deserving of the support usually afforded, the UK must be the first safe country in which they have sought asylum. I cannot state strongly enough how requiring refugees to claim asylum in the first safe country they reach would undermine the global, humanitarian and co-operative principles on which the refugee system is founded. The UK played a key role in developing those principles 70 years ago when it helped draft the refugee convention, and, together with the other members of the United Nations General Assembly, it recently reaffirmed them in the global compact on refugees.
The proposed clause designed around the maxim that asylum seekers should claim asylum in the first safe country they reach and can be penalised if they do not, including by being designated as group 2 refugees, will impact not only refugees but fellow host states and the ability to seek global, co-operative solutions to global challenges.
The expectation that refugees should claim asylum in the first safe country they reach is also unworkable in practice. The Government are aware that there are 34.4 million refugees and asylum seekers worldwide, and the vast majority—73%—are already hosted in countries neighbouring their countries of origin. Some 86% are hosted in developing countries. Low-income countries already host 86% of the world’s refugees compared with the UK, which hosts just 0.5%. To insist that refugees claim asylum in the first safe country they reach would impose an even more disproportionate responsibility on the first safe countries both in Europe and further afield, and threaten the capacity and willingness of those countries to provide protection and long-term solutions. In turn, that would overwhelm the countries’ hosting capacity and encourage onward movement.
It is also worth noting that even within Europe most of the countries that refugees pass through on their way to the UK already host significantly more refugees and asylum seekers per population than the UK does. According to the Home Office’s own statistics, the UK is 17th in terms of the numbers it takes, measured per head of population.
Does the hon. Gentleman recognise that very few other countries resettle as many refugees as the United Kingdom or take as many through safe channels from United Nations camps in some of the most troubled parts of the world?
My hon. Friend is exactly right. The burden will fall on all local authorities looking after asylum seekers and their families; they will have no choice but to provide that service. The Government have stayed silent on what provisions they will make for local authorities. I am not sure how far they have even consulted local authorities as to whether they accept what has been proposed.
Clause 10(6) would give the Secretary of State the same power to discriminate against family members of group 2 refugees. At present, the Secretary of State’s powers in that regard are constrained by section 2 of the Asylum and Immigration Appeals Act 1993, which states:
“Nothing in the immigration rules (within the meaning of the 1971 Act) shall lay down any practice which would be contrary to the Convention”,
which would appear to preclude the adoption of some of the immigration rules set out in the explanatory notes.
It is worth restating that nothing in the refugee convention defines a refugee or their entitlements under the convention according to their route of travel, choice of country of asylum or the timing of their asylum claim. The Bill is based on the premise that
“people should claim asylum in the first safe country they arrive in”.
That principle is not found in the refugee convention, and there is no history of it in the convention.
The shadow Minister says that there is no history of distinguishing between refugees depending on their route into the country, but that was not the approach taken by the previous Labour Government with the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. Baroness Scotland said:
“When a person leaves their country through fear, we consider that, as a general principle, such a person should seek protection in the first safe country where they have the chance to do so. It has been said that nowhere in international law is such a requirement imposed. There may not be such a law, but that does not dilute the argument that a person who is in genuine fear should seek shelter at the earliest opportunity.”—[Official Report, House of Lords, 5 April 2004; Vol. 659, c. 1683.]
She was right, wasn’t she?
I do not know the context in which Baroness Scotland said that, but I disagree with her. I very much believe that that would have been breaching international law, as I have stated throughout my speech.
(3 years, 11 months ago)
Commons ChamberI thank the hon. Lady’s family for their service in the police force. We are, as a nation, grateful for everything they do on the frontline. It is not our intention to undermine those fundamental principles of justice, and even though we are in difficult circumstances, we have not cut corners with those fundamental rights to justice, nor do we plan to.
What measures is my hon. Friend putting in place to secure access to justice, in particular in those cases where liberty is at stake, such as in the mental health tribunal?
We are putting as many resources as we can into cases in the mental health tribunal, and we are using remote hearing technology as much as we can in tribunals generally, including the mental health one. My hon. Friend will have seen the recently published mental health White Paper, which aims to go even further in supporting the rights of people with mental health problems.
(4 years, 6 months ago)
Public Bill CommitteesThank you. I am going to change the order slightly, because Mr Wood kindly gave up his slot last time. Mike, I will come to you now, if that is okay.
Q I shall be brief, because time is short. Turning specifically to the Bill, what benefits do you see the domestic abuse commissioner being able to deliver for migrant women who are victims of domestic abuse?
Pragna Patel: What benefits in the Bill so far?
What benefits of the role of the domestic abuse commissioner, as it has been set out in the framework document, do you see being available for migrant victims of domestic abuse?
Pragna Patel: The first thing about the role of the domestic abuse commissioner is that it allows someone independent of Government to amplify the voices of migrant women, and also the BME women’s sector, and to help ensure that the kind of demands that we are making are included in any agenda in relation to statutory guidance, on further reforms in law and in relation to the kind of joined-up thinking that the Government need to be doing in order to meet the needs of more women.
The benefit of the role of the domestic abuse commissioner, so far as I can see, will be particularly powerful when it can influence Government Departments to work across government to try to deal with some of the barriers and obstacles that migrant women particularly face, because those barriers are intersectional. They relate to the ways in which the Home Office, the criminal justice system, the family courts and the third sector can all work together and better to provide the support and protection needed.
Q On the statutory definition, do you think that the definition within the legislation is the right one?
Pragna Patel: I think the statutory definition is definitely a step forward. It is a very important definition. I wish it was gendered, because the social reality of domestic abuse is that it disproportionately affects women and girls. As the Bill is intended to mirror the Istanbul convention, it would have made sense to have been a violence against women and girls Bill.
That is not to say that I do not think that other groups face violence, but this is about gender inequality. Domestic abuse is a reflection of the cause and consequence of gender inequality, so it makes more sense to me to include a gendered understanding of domestic abuse for a number of reasons, including for the gathering of evidence to inform future policy and the need to ensure that support and prevention measures are targeted particularly at young girls, so that they can better understand abuse, recognise abuse and negotiate abuse.
The broad categories of abuse that are set out in the definition are very useful, but it would be important to show that there are also specific forms of abuse that are not included, including forced marriage, honour-based violence, female genital mutilation and other forms of cultural harm that straddle these broad categories. They straddle physical violence, sexual violence, emotional abuse and also financial abuse.
I think it can be strengthened. I think the statutory guidance and the explanation of the definition could spell out some of these things better.
Q Reading your evidence last night, one can sense the weariness of the frequency with which you have had to feed information in for a very long time. This is a fresh opportunity. I am sorry if it feels repetitive to you. There are many of us who are trying to do justice by some of the work and experience you have had.
In your written evidence and in your verbal evidence today you say that the pilot will cover support for about 130 to about 150 women. How many women will be left out from that? How many people are we talking about in general, in total?
Pragna Patel: I wish I could tell you that. I wish I could tell you how many women there are who are subject to abuse in this country and who are subject to no recourse to public funds. Those figures just do not exist, and that is part of the problem. That is part of the problem of why this issue is so invisible.
Some of the ways in which we have tried to gauge is by looking at how many women, for example, have received the DDVC. I think the figure in 2019 was, if I am not mistaken, that about 1,200 were entitled to the DDVC. If we then look at Women’s Aid statistics and the statistics that Southall Black Sisters have gathered over the years, which suggest that two-thirds of the women who come to us are not entitled to the DDVC, we get a figure of 3,000-odd women. That is the best estimate I can give you. It probably could be more because of under-reporting, so we are talking about possibly low thousands. That is why it is not beyond our ability to ensure that those women receive the support they need.
There is enough evidence. We do not need another pilot project to assess needs. Those needs have been assessed by my organisation and others over the years. The Home Office internal review has not been published. We would like to see that published. We would like to see what the equality outcome of that has been. That would also help us in terms of understanding where the gaps in the evidence are.