Draft Data Protection Act 2018 (Amendment of Schedule 2 Exemptions) Regulations 2022

Naz Shah Excerpts

Tuesday 18th January 2022 General Committees

[Naz Shah (Bradford West) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Elliott.

I heard the Minister set out the Government’s position and his suggestion that they are committed to fair processes. The Minister must recognise, however, the gravity of the proposed amendment. The Government have been dragged here to make that amendment because they lost a ruling at the Court of Appeal. Given the background of the Windrush generation case—the judge actually commented on that—does the Minister recognise the gravity of a situation in which campaigners have to go to court, subsequently win against the Government and the Government then have to introduce the regulations before us? The Government’s strategy was ill-judged in the first instance. I would be interested to understand the Minister’s thoughts on the campaigners’ view that the judgment and the proposed amending regulations do not go far enough to address the concerns of those who won the case.

In the second quarter of 2017, the success rate against the Home Office on immigration cases was 47%. That figure was part of the successful argument presented to the court by the campaigners. It has also been found that 10% of cases where a search of the Home Office database identified an individual as a disqualified person who should be refused a bank account were wrong. The Home Office has made terrible mistakes, and it should not require public campaigners to go to court to bring the Government into line.

The Opposition support the proposed regulations, but I would be interested to hear what the Minister has to say about my observations.

Oral Answers to Questions

Naz Shah Excerpts

Monday 17th January 2022 Commons Chamber

[Kevin Foster]

As we have said before, outsourcing would merely introduce further delays into the process when our focus should be on getting compensation out to the victims of the Windrush scandal. The hon. Member will be aware that the changes we made in December 2020 saw us pay considerably more compensation, offering an average of £3.1 million a month, with more than £38.7 million in compensation now offered. To be clear, there is no “budget” here; we will pay the compensation that is due to people, and there is no ceiling on what will be paid.

[Naz Shah (Bradford West) (Lab)]

I remind the Home Secretary of the legal maxim, “Justice delayed is justice denied.” This Government promised to try to right some of the wrongs with the Windrush compensation scheme in a time-limited manner. In November, the Home Affairs Committee found that only 20% of claimants had applied, and that only 5% had received any compensation. Twenty-three people have died before receiving their compensation. Is it not high time that the responsibility to provide justice to the ageing Windrush generation was passed on to an independent body capable of delivering it?

[Kevin Foster]

Again, we would make the point that moving this operation out of the Home Office would merely further delay the provision of the compensation that we all want to see paid. As I have touched on, we are recruiting more caseworkers and speeding up the process. Given the age cohort we are talking about, we are aware that some people have sadly passed away. However, that is why we are more motivated to speed up the process and make a real difference. As I have said, we have more staff coming in, and we will streamline the process to make it not only quicker, but simpler for those claiming compensation to engage with the team.

Police, Crime, Sentencing and Courts Bill

Naz Shah Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

[Hywel Williams (Arfon) (PC)]

New clause 19 would require the Government to issue impact assessments on the Bill’s effect on devolved policy and services in Wales. I am grateful for the support of Labour and SNP colleagues. My other amendments would require Welsh ministerial consent for the Secretary of State to exert direct control over devolved areas such as health and education in Wales.

The justice system in Wales is just that—a system. Changes to currently reserved England and Wales matters could have profound policy and cost implications for devolved services in Wales, for example, the Senedd’s powers on substance misuse, mental health, education, social services and more. Section 110A of the Government of Wales Act 2006, as inserted by section 11 of the Wales Act 2017, requires that all Welsh legislation include an assessment of any impact on the reserved justice system. There is no reciprocal requirement.

However, there is a growing divergence between the policies of the Ministry of Justice and those of the Welsh Government. In my view, the current arrangements are neither adequate nor sustainable. Indeed, the Minister told me in Committee:

“I accept that the Welsh Government take a wider view of those provisions that relate to devolved matters. I hope that we will be able to reach a common understanding on these issues, but it may well be that we have to accept that the UK and Welsh Governments have a different understanding of those measures in the Bill that engage the legislative consent process.”

There are sufficient differences to require specific assessments. Indeed, the Bill may well undermine Welsh legislation and policy, for example, the Housing (Wales) Act 2014 and the race equality action plan. A requirement for a Welsh-specific impact assessment could reveal such problems or dispel our concerns, but how will the people of Wales know unless we assess?

In Committee, the Minister also claimed that

“there should be no change to the current arrangements, which serve the people of Wales and England well.”—[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 24 June 2021; c. 807.]

Wales has the highest rate of imprisonment in western Europe. Black people are six times more likely to be imprisoned than their white counterparts. Nearly half of Welsh children who are imprisoned are detained in England, far from their homes. There is a chronic lack of community provision for women. Apparently, that is serving the “people of Wales well”.

Recently, Lord Thomas of Cwmgiedd, formerly the Lord Chief Justice of England and Wales, led the Commission on Justice in Wales. He concluded:

“Justice should be determined and delivered in Wales so that it aligns with its distinct and developing social, health and education policy and services and the growing body of Welsh law.”

For me, the sensible solution would be, as with Scotland and Northern Ireland, to devolve justice.

However, in the meantime, we need to know the effects in Wales of changes to the law of England and Wales, through proper justice impact assessments.

[Naz Shah (Bradford West) (Lab)]

I would like to speak to new clause 54 relating to equality impact assessments. Today, I will raise a part of the Bill that, although it has been mentioned, has never been considered in the light of what I am about to say. The proposed legislation will put a maximum 10-year sentence in place for those people who damage or attack statues, inserting into British law a significantly higher penalty for attacking a statue, which begs the question why. Why would a person be given a much more significant penalty for attacking a stone or iron statue compared with damaging a stone wall or an iron gate, especially because in their physical form, they are identical? Neither is alive. They cannot be injured or have their feelings hurt and they are made of the same elements, yet for one, there is much more of a significance. I simply ask why. It is because we recognise that statues symbolise the historical, cultural and social feelings of our nation and thus protecting feelings linked to such sensitivity is essential to preserve civil order. It is because, as the Justice Secretary told the Commons, this Bill ensures that

“our courts have sufficient sentencing powers to punish the emotional harm caused by this type of offending”.—[Official Report, 9 March 2021; Vol. 690, c. 38WS.]

Yes, people can go out and debate, discuss, disagree and even respectfully and vehemently oppose any historical figure, but when they defame or vandalise in a mob-like fashion statues of people like Winston Churchill who mean so much to millions of Britons who hold his efforts during the second world war so close to their hearts, that does threaten the cohesive nature of our nation. We cannot pretend that a western liberal democracy like Britain does not consider feelings when it comes to such situations while at the same time today passing a law through Parliament giving such importance to protecting statues based upon commemorative feelings.

As a Muslim, for me and millions of Muslims across this country and a quarter of the world’s population who are Muslim too, with each day and each breath there is not a single thing in the world that we commemorate and honour more than our beloved Prophet, Mohammed, peace be upon him. But when bigots and racists defame, slander or abuse our Prophet, peace be upon him, just like some people do the likes of Churchill, the emotional harm caused upon our hearts is unbearable, because for 2 billion Muslims, he is the leader we commemorate in our hearts and honour in our lives, and he forms the basis of our identity and our very existence. In fact, the noted playwright George Bernard Shaw said about the Prophet, peace be upon him:

“He was by far the most remarkable man that ever set foot on this earth. He preached a religion, founded a state…laid down a moral code, initiated numerous social and political reforms, established a powerful and dynamic society to practice and represent his teachings and completely revolutionised the worlds of human thought and behaviour for all times to come.”

To those who say it is just a cartoon, I will not say, “It’s only a statue”, because I understand the strength of British feeling when it comes to our history, our culture and our identity. It is not just a cartoon and they are not just statues. They represent, symbolise and mean so much more to us as human beings.

In conclusion, while this law would now protect civil order and emotional harm when it comes to secular and political figures such as Oliver Cromwell and Churchill and does not necessarily put other figures that many people in modern Britain hold close to their hearts, such as Jesus, the Prophet Mohammed, peace be upon him, Moses, Ram, Buddha, Guru Nanak and many others, it does show that we recognise that there is such a thing as emotional harm. Finally, we must ask ourselves: when striking the careful balance to protect such emotional harms, can there and should there be a hierarchy of sentiments?

[Bob Blackman [V]]

I am pleased to make a contribution on this very long, complex and deeply important Bill. Obviously, the ambition of the Bill is to put communities before crime and the omnibus of reforms in this legislation will undoubtedly make our country a much safer place to live, work and play. I commend my colleagues from the Home Office and the Ministry of Justice for their deep commitment to the safety and security of our citizens.

It is quite right that we are considering extending whole life orders for the premeditated murder of a child as well as ending the automatic early release of dangerous criminals. In fact, by extending that position and increasing the tariff people will serve as their prison sentence, we are more than exceeding many of the principles laid out in the amendments before the House. One of the concerns I have about putting in minimum sentences for particular offences is the risk that the judiciary may interpret those as being not only the minimum, but possibly the guidance for the maximum sentence that should be applied. It is right that violent criminals should be punished and retained in prison for the duration of their sentences. Equally, it is right that if they attack prison warders or any other servant in their prisons, their right to automatic release should end. I think that is vital.

UK Border: Covid Protections

Naz Shah Excerpts

Tuesday 26th January 2021 Commons Chamber

[Priti Patel]

My right hon. Friend is absolutely right. The role of hauliers—for goods, freight and medical supplies—has been at the forefront of all our actions when it comes to keeping goods flowing. I point my right hon. Friend to the work and testing measures that he will have seen at our ports—at Dover. These are important measures that do exactly that; they help to keep goods moving, and that will continue.

[Naz Shah (Bradford West) (Lab) [V]]

On this tragic day, when, according to the Office for National Statistics, the number of UK covid-related deaths is about to surpass 100,000—many from poorer and working-class backgrounds—can the Home Secretary confirm that any upcoming plans on borders and hotel quarantining will not disproportionately affect the poorest while being a luxury for the richest in our society?

Windrush Lessons Learned Review

Naz Shah Excerpts

Tuesday 21st July 2020 Commons Chamber

[Priti Patel]

As I said, all policies are under review in the Department, but specifically, on no recourse to public funds, it is right that those who benefit from the state also contribute to it. The policy is specific to migrants coming to our country being financially independent, which is also in the interests of British taxpayers.

[Naz Shah (Bradford West) (Lab)]

First, I thank the Home Secretary for the tone and ownership she has displayed in the Chamber on the issues impacting the Windrush generation. Will she acknowledge that the Windrush scandal highlights how institutions can fail, with discrimination and prejudice against individuals. There is often denialism, and only after a scandal are they forced to accept the dark reality. What changes are the Home Office implementing so that issues such as racism can be raised and highlighted in a manner where they will be believed?

[Priti Patel]

As I have already stated, Wendy’s review is important because she described a number of measures that evolved under Labour, coalition and Conservative Governments over decades. It is important that we all look at ourselves, because we must all be better at walking in other people’s shoes. We must all take responsibility for the failings that happened in the past. We are also one community who deserve to be treated with respect. We should therefore all learn lessons from the past.

Public Order

Naz Shah Excerpts

Monday 15th June 2020 Commons Chamber

[Priti Patel]

I thank my hon. Friend for the way in which he has been addressing this issue locally, as a leader and figurehead in his community and constituency. It is incumbent on us all to continue to make the case that we are in the midst of a public health emergency, and people’s lives are at risk from mass gatherings and participating in protests. It is right that every agency—the police, police and crime commissioners, MPs, the NHS and local authorities—comes together to continually reiterate that message, and I commend my hon. Friend for the work he is doing locally.

[Naz Shah (Bradford West) (Lab)]

I thank the Home Secretary for unequivocally condemning the far-right thuggery and abhorrent behaviour that we witnessed on our streets. I pay tribute to the police officers and wish those who were injured a speedy recovery. Today, the Prime Minister has announced another review. We have had the race disparity audit in 2017. We have had the Lammy review. We have had the McGregor-Smith review. We have had the lessons learned review. We have had the Public Health England covid-19 review, of which we still do not have the details because they are being hidden by the Government. This review covers the inequalities in health, education, employment and justice that are faced by BAME communities. Why do we need another review of issues that we have known about for decades, rather than getting on and doing what needs to be done to address them?

[Priti Patel]

I am saddened by the hon. Lady’s tone. I thought that she would welcome an attempt to combat the inequalities in our society and end what has been a great disservice to many communities across our nation who are subject to real and pressing inequalities. I think it is right that we should all work together in a measured, responsible and reasonable way. I am just sorry that the hon. Lady is not of that persuasion.

TOEIC: Overseas Students

Naz Shah Excerpts

Wednesday 24th July 2019 Commons Chamber

[Caroline Nokes]

I thank the hon. Gentleman—I think—for his kind words in saying that he hoped I would be reappointed. However, I reiterate that the allegations were not unsafe and that our approach to taking action on students has been endorsed by the courts, which have consistently found that the Home Office’s evidence was enough to prompt the action that was taken at the time. I emphasise that my right hon. Friend the Home Secretary published a written ministerial statement yesterday and made it clear in his appearance before the Home Affairs Committee that he is determined to find solutions going forward that are practical for those involved and provide people with the opportunity to explain, potentially through article 8, how they can substantiate their claim to life in the UK.

[Naz Shah (Bradford West) (Lab)]

The truth remains that the Home Office does not actually know how many people were cheating. The truth remains that 35,000 people had their visas revoked as part of the Home Office and the Government’s anti-immigration atmosphere and hostile environment. That is the truth. Lots of people gave evidence to the Home Affairs Committee, of which I am a former member, and the truth is that the concerns that my right hon. Friend the Member for East Ham (Stephen Timms) raised are absolutely valid. People have lost their livelihoods. They cannot return home because of the shame and the stigma. They have no recourse to public funds to defend themselves. They have been labelled guilty and as cheats. That is a crying shame, and I absolutely disagree with the Minister when she says this is not a shameful episode. We have had Windrush and the whole hostile environment, and TOEIC is exactly the same thing. Given that the evidence is no longer secure, is it not right that we should not deport anybody else and not force through any more deportations from our detention centres of students who have found themselves the victims of the incompetence of our Home Office and Government?

[Caroline Nokes]

The hon. Lady was not here in 2014 and perhaps does not remember the pressure from Parliament to address this systematic cheating. I remind her that there have been criminal convictions, with sentences amounting to over 70 years and with more criminal trials to come. It is important to remember that this was a criminal operation on an industrial scale—[Interruption.] The hon. Lady may chunter at me from a sedentary position, but she must remember the criminal facts behind this. However, as my right hon. Friend the Home Secretary has indicated, we have recognised that some people may have innocently been caught up in it. As he said, it is our duty to make sure there is a redress mechanism for those for whom those circumstances prevailed. However, it is quite wrong to suggest that this is something to do with the hostile environment; this was to do with crime.

Far-right Violence and Online Extremism

Naz Shah Excerpts

Monday 18th March 2019 Commons Chamber

[Mr Wallace]

I hope that when the White Paper comes out that the hon. Lady is not disappointed. Given the way the internet is constructed, we have to make sure that regulation works. There is simply no point in putting out a load of regulation if everyone puts their servers somewhere like Cuba or North Korea and nothing can change. We have to make sure we have a technical solution alongside a regulatory solution.

[Naz Shah (Bradford West) (Lab)]

I thank my hon. Friend the Member for Lewisham East (Janet Daby) for securing this urgent question, and you for granting it, Mr Speaker. May I say how disappointed I am in the “whataboutery” response to the question from my hon. Friend the Member for Ilford North (Wes Streeting)? As a Muslim who has the largest Muslim constituency in the United Kingdom and who spent the weekend reassuring not only my constituents but my own Muslim family, I can tell the Minister how Islamophobia happens: it happens because it goes unchecked; it happens because people in politics have responsibilities that they do not meet. The Conservative party ran the most Islamophobic dog-whistle campaign against the Mayor of London, who happens to be Muslim. The party has yet to apologise for that campaign. Its former chair Baroness Warsi is crying out for an inquiry, as is the Conservative Muslim Forum. The Minister must check that his own house is in order before he can give me or my constituents any confidence that his party can safeguard the Muslim community.

[Mr Wallace]

I have long been a good friend of Baroness Warsi. I read her book and met with her, and indeed I encouraged her to apply to be the extremism commissioner at the time the post was advertised, because I thought she would bring a good measure of sense to dealing with some of those issues. Regrettably, she did not take up my invitation, but it would have been a good thing.

I am not making excuses for Islamophobia. Islamophobia exists. Islamophobia is racism. Islamophobia should be dealt with. If it happens in my party, we should deal with it and we should deal with it forthwith, and I am happy to do that wherever I see it. We should all make sure we deal with it. I totally agree with the hon. Lady: it is racism and where we see it we should stop it in its tracks.

TOEIC Visa Cancellations

Naz Shah Excerpts

Tuesday 4th September 2018 Westminster Hall

[Naz Shah (Bradford West) (Lab)]

I congratulate my hon. Friend the Member for Ilford North (Wes Streeting) on securing this important debate. I reiterate the thanks to my right hon. Friend the Member for East Ham (Stephen Timms), who is not here, for all his work, and to the many others who have spoken passionately.

When I was on the Home Affairs Committee, we took evidence from many students. I was part of the evidence session when students came to give evidence about the impact this had on their lives. That impact continues. It is no laughing matter. One wonders what to do when one hears such raw evidence. We have just had the urgent question on Windrush. There appears to be a shadow hanging over the Home Office today. We have seen that for quite a while in relation to the hostile environment. At the end of my speech, I will ask some questions I hope the Minister can answer.

The hostile environment policy has extended to students. The Home Secretary has committed to move away from this shameful discrimination and has taken steps to offer remedy to the Windrush generation, which has suffered greatly. We are still waiting, however, for the Government to offer a concrete resolution to those unfairly affected by the TOEIC scandal. In many cases, the Government continue to fight judicially against individuals who have been accused. Financing such appeals brings to mind a bottomless pit, especially given what we have heard this week, which the shadow Home Secretary has responded to. Given the recent legal judgments that have lambasted the Government and ETS for failing to present any real evidence to support their actions, it is clear that many of those affected were treated unfairly, denied all natural justice and deemed guilty until proven innocent.

Some 56,000 students were accused of deception or potential deception while sitting the test—36,000 of them had action taken against them in one way or another by the Home Office, including the immediate cancellation of their visas. They were not given the evidence against them nor the chance to clear their name, and they received no help to survive legally in this country. They were simply told to go home.

To compound that appalling situation, many students were not even given the opportunity to contest the decision against them, even though they had been promised a chance to do so. The out-of-country appeal route that they were offered was effectively non-existent and it was certainly not robust enough to resolve the kinds of issues that these individuals had endured. Many of them would not have been able to access the relevant evidence against them, so they could not be involved in the hearings or give evidence themselves due to the unsatisfactory nature of the process.

In truth, it would have been better for those accused to have faced criminal charges, because at least they would have been entitled to see the evidence against them and contest it. However, the Home Office simply cancelled their visas, forcing them to leave the country or live in poverty with the accusations against them hanging over their heads, with some people wanting to hang themselves.

As the Home Office was well aware, when a visa was cancelled because of alleged fraud it was impossible for those affected to travel to any other country to study or work. In effect, the Home Office is responsible for curtailing not only people’s immediate livelihoods but the whole future for themselves and their family, not just in the country they had come from and that they had to return to with their heads hung in shame after being accused of fraud and cheating, but in any other country—they could not go to another country because they had been defamed by our country and our Government. If visas were cancelled because of alleged fraud, it was impossible for those affected to travel to other countries to study or work.

We must remind ourselves at every stage of this debate that, based on the evidence available to us, potentially thousands of people who were here perfectly legally and who had followed the Home Office’s rules will have faced untold misery. The collective punishment approach of the Government has been shown for what it is—deeply toxic, unfair and unjust. It has potentially ruined the lives of thousands of individuals who acted according to the rules. They placed their trust in a Government-approved and Government-sanctioned test, and the response of the Government has been to treat them with contempt at every step of the process.

The Home Office has clearly been too eager to accept the analysis of the Educational Testing Service. There is clear evidence of mislabelling and misattributing the voice recordings to the wrong individual or the wrong test centre. When those recordings have been disclosed to an applicant, they have invariably turned out to be wrong, but there has been no system in place to allow for the cross-checking of tests.

Experts, including those employed by the Home Office itself, have highlighted a number of ways in which students could have been deceived by the test centres themselves and proxies used without their knowledge or involvement. In any other situation, this would make those students victims and not criminals, but the Government continue to disregard both the expert advice and judicial judgments. Instead, they rely on the evidence provided by the fraudulent test centres themselves to decide on the guilt of individual students. Those test centres had a monopoly on testing, which reminds me of the Carillion fiasco—the Government often seem to be involved in such fiascos.

This is a clearly flawed process that has turned lives upside down, but still the Government persist and still they rely on unreliable evidence. Has there been any real attempt by the Home Office to understand how many people have been unfairly accused? Do we know the number of people who are involved? I would be interested to hear the Minister say how many students were able to retake their tests and how many were deported.

Although we recognise that there was fraud within the system of Home Office certified tests and testing centres, we must also acknowledge that potentially thousands of innocent applicants had their lives ruined for doing nothing more serious than unwittingly choosing the wrong test centre, and they now have no way of remedying that accident of fate. Fate led them to this country. They and their parents might have spent years and years saving up money to send them to a British institution to receive a degree from one of our universities that would qualify them to work anywhere in the world with its British “brand” of authenticity. And yet Britain failed them.

What resolution are the Government prepared to offer those students? After failures in court, will the Government continue to fight these individuals, or are they at least willing to listen and try to find a solution? Will there be a pot of compensation money for those who have been proven to have been mistreated by this Government? Will the Government finally commit to allowing these individuals the tools they need to have a fair and just chance of clearing their name, or will they continue with a decision that was politically expedient due to its “hostile character”, which victimises those who may only be guilty of being in an unfortunate circumstance?

In conclusion, I have some questions for the Minister. First, did these numbers contribute to the targets that were set by the Home Office? The targets I am referring to relate to the resignation of a previous Home Secretary, the right hon. Member for Hastings and Rye (Amber Rudd). Secondly, will the Minister now take this opportunity to apologise for Home Office mistakes? Such an apology was rightly offered to the Windrush generation and one should be offered to these students, who have been affected by the Government’s failure, the Government’s monopoly and the Government’s unfairness.

--- Later in debate ---

[Caroline Nokes]

I am moving on to some additional comments, but we have heard today repeatedly the use of the word “deportation”. Those who have followed this matter carefully will know that deportation happens only to foreign national offenders. Those who have been subject to removals have been removed from the country, not deported. There is a very clear difference between those two scenarios that the hon. Member for West Ham (Lyn Brown) may not agree with, but it happens to be a fact.

The action that the Home Office took was based on information from ETS, but it is incorrect to suggest that we relied exclusively and unquestioningly on the material that it provided. Yes, a senior delegation from the Home Office visited the USA in order to obtain a thorough understanding of the process, but following that, and fully considering the seriousness of the issues for the individuals concerned, we commissioned a further independent expert report from Professor Peter French, chairman of J P French Associates, the forensic speech and acoustics laboratory, and professor of forensic speech science at the University of York, into the reliability of the evidence.

That report, unlike the report produced as part of earlier legal proceedings and quoted extensively in recent coverage of ETS issues, was produced with the benefit of additional evidence about the specific systems that it used to verify matches. With the benefit of more information, Professor French specifically concluded that findings that the previous expert made around high error rates in other models are not

“transferable to the ETS testing”

and that the number of false matches would in fact be very small. He concluded that the triple-lock approach that ETS took was much more likely to give people the benefit of the doubt than falsely flag people as having cheated. The courts, at every level up to the Court of Appeal, have consistently said that that standard of evidence is sufficient to justify making an accusation of fraud. It is then up to an individual to establish an innocent explanation for their involvement, and they can challenge the finding, where applicable, through a judicial review.

A number of Members mentioned the case of Ahsan and out-of-country rights of appeal. That case was indeed heard at the Court of Appeal last year, but did not look at the evidence that the Home Office had relied on to establish that fraud had taken place. The narrow issue that the Court looked at in the Ahsan case was whether an out-of-country appeal would be an effective remedy to the accusation of fraud. It concluded that, in such cases where there was no mechanism for the individual to give oral evidence, that was unlikely to be the case.

Since then, the Home Office has put in place practical arrangements, including video conference links from overseas, to enable appellants to give live evidence at their appeal. Those overseas with outstanding appeals can apply to the tribunal that is hearing their appeal to indicate if they wish to give live evidence. It will then be for the tribunal to decide whether the arrangements that the Home Office can put in place are sufficient or whether it is necessary for the individual to return to the UK.

[Naz Shah]

Does the Minister know how many people have been successful in their out-of-country appeal? Have those who have been successful been offered compensation for the Home Office’s mistakes?

[Caroline Nokes]

The hon. Lady asks whether the Home Office has offered compensation. We have not, because what we have seen in successive High Court judgments is that our ability to rely on an accusation of fraud was appropriate. We heard a lengthy quote from a senior High Court judge, who, it is interesting to note, said in a subsequent case that new evidence that the Home Office had provided was focused and much more substantial. That same judge also found that evidence was sufficient to make our accusation of fraud.

[Caroline Nokes]

The Home Office has enabled people to take cases to judicial review. The Home Office has established that we can rely on the evidence of fraud that we very clearly have, and the links to criminal gangs. It is important that we recognise that there was significant, widespread and indeed very lucrative fraud taking place in these cases. Our enforcement investigations uncovered evidence of impersonation and of proxy test-takers. I very much regret that this has happened. Innocent applicants may well have been caught up in widespread fraud, but we also have reports from judges that there were a number of different reasons why individuals might have undertaken the deception, even if they spoke very good English.

[Naz Shah]

Will the Minister give way?

[Caroline Nokes]

I have given way plenty of times. I am very clear that we have acted proportionately, both in initial actions and in response to the Court of Appeal’s verdict. We are right to continue acting on these cases.

The Government are committed to the principle of a fair immigration system, which welcomes highly skilled migrants and genuine international students, and we have heard a number of points about the attractiveness of the UK to international students. We know that the number of overseas students applying for tier 4 visas is up and there has been an increase in the number of visas granted, including 9% more from Chinese nationals and 32% more from Indian nationals. The UK remains an attractive place for foreign students to come to. We welcome highly skilled migrants and genuine students, while guarding against attempts at abuse. We have significantly strengthened our secure English language testing regime to ensure the issue cannot be repeated in future, and have put in place additional features to make sure that we clamp down on abuse by non-genuine students.

BAME Communities: Stop and Search

Naz Shah Excerpts

Wednesday 23rd May 2018 Westminster Hall

[Naz Shah (Bradford West) (Lab)]

I beg to move,

That this House has considered the effect of police stop and search powers on BAME communities.

It is a privilege to serve under your chairmanship, Mr Owen. Stop-and-search is often referred to as the litmus test of police-community relations, and it is one of the first encounters that young people from ethnic minority backgrounds have with the police. Those early interactions can shape how young people view the police for the rest of their lives, especially when they, their family or their friends are searched repeatedly. Members from all parties will undoubtedly have heard accounts from their constituents of deeply negative experiences of stop-and-searches and other types of police-initiated stops, such as detentions at ports and airports under counter-terrorism legislation, and stops under road and traffic legislation.

Unfortunately, we have debated stop-and-search time and again due to the way that it has been misused since the 1960s. Recently, the Government initiated a series of reforms backed by cross-party consensus, which I will refer to. However, numerous inspections by Her Majesty’s inspectorate of constabulary—in 2013, 2015 and 2016—found that many chief officers are frustrating that process because they are

“failing to understand the impact of stop and search”

on people’s lives. I look forward to hearing from the Minister how the Government seek to carry on reforming these powers and prevent the backsliding that we have seen in the last couple of years.

I stress that stop-and-search can be a useful tool to detect crime, but only when it is used in a very targeted way. Claims are often made about how useful stop-and-search is, but they are not backed by scientific research and, in fact, often contradict the evidence base. Stop-and-search is neither the solution to crime problems nor a substitute for intelligence from good relationships with communities. Evidence shows that stop-and-search is a blunt tool for the prevention and detection of crime, and has a profoundly negative impact on police-community relations.

Home Office research in 2000 showed that stop-and-search had only a marginal role in combating crime, because its use was not linked to patterns of crime, and that searches for drugs were fuelling unproductive searches of ethnic minorities, particularly young black men. Ten years later, the Equality and Human Rights Commission reached the same conclusion. Threatening legal action against the five forces that it felt had the worst ethnic disproportionality at the time, it managed to reduce their volume of searches and that disproportionality—importantly, without reversing the long-term fall in crime. Last year, the College of Policing published analysis on the effect of stop-and-search on various crimes. It, too, found that stop-and-search had a weak role in reducing only certain types of crime, while having no measurable impact on most others.

Those studies show just how ineffective stop-and-search is as a general tactic. Even within a similar family of forces, stop-and-search use, outcomes and ethnic disproportionality differ so drastically that, as some of the research concludes, they are determined more by the culture set by chief officers than by local crime trends.

On the ground, the ease with which police officers can use their discretionary powers, together with their widely divergent views about what constitutes reasonable suspicion, mean that stop-and-search has become the go-to power for social control, and one that is influenced by unconscious biases or outright racial prejudices. For example, “smell of cannabis” and “fits a suspect description” are routinely used to justify searching people of colour. There are, of course, other powers that do not even require reasonable suspicion. Members will not be surprised to hear that those produce even worse ethnic disproportionality.

Given the national debate about the apparent increase in knife and violent crime, what are the Government doing to resist the urge to increase stop-and-searches in the false view that that will solve the problem? When the Prime Minister was Home Secretary, she rightly called that

“a knee-jerk reaction on the back of a false link.”

In fact, the police’s own data show that most searches are for drugs, rather than knives, guns or other weapons, and that the proportion of searches for drugs is actually increasing. For most forces, that figure is consistently more than 50%, and in a number of cases it is even above 70%. Will the Minister outline what the Government are doing to ensure that stop-and-search is actually targeted at violent crime?

Ironically, that increase has occurred at a time when police forces have signed up to the Best Use of Stop and Search scheme, the main purpose of which is to increase trust and confidence in policing by addressing the disproportionate impact of stop-and-search on ethnic minorities and by giving communities a stronger role in scrutinising those powers. Although that has delivered a welcome 44% reduction in the use of stop-and-search and has improved detection rates, if we probe behind the headlines we find that little else has changed.

After initially declining, disproportionality has shot to new heights in the past two years. Estimates for last year show that black people were searched at more than eight times the rate of white people, and people from mixed, Asian and other ethnic backgrounds were searched at around double the rate. Under the “suspicionless” powers in section 60 of the Criminal Justice and Public Order Act 1994, black people were searched at 14 times the rate of whites, mixed people were searched at twice the rate, and people from Asian or other backgrounds were searched at a slightly higher rate than whites.

Clearly, the benefits of scaling back excess searches of people who would not otherwise have been searched have not filtered through to ethnic minority groups. As with the Government reforms following the Brixton riots in the 1980s and the Macpherson report on the mishandling of the murder of Stephen Lawrence, we are at risk of giving up too soon and allowing stop-and-search to regress to unacceptably high levels of disproportionality and grief.

In her final months as Home Secretary, the Prime Minister argued that

“there is still a long way to go.”

That is partly because numerous HMIC inspections have shown that most chief officers are failing to show leadership in addressing stop-and-search. At one point, the former Prime Minister, David Cameron, declared:

“The Conservatives have become the party of equality.”

So can the Minister explain why the current Prime Minister has allowed disproportionality to increase and reform to grind to a halt under her premiership?

Communities have been left wondering whether the Government remain committed to reform of stop-and-search, particularly because the previous Home Secretary, the right hon. Member for Hastings and Rye (Amber Rudd), did not give it the attention it deserves, despite it having been so central to her predecessor’s race equality agenda. The Prime Minister has also failed to live up to her promises to introduce monitoring of traffic stops and remove individual officers’ ability to use stop-and-search where they are found to be routinely misusing it. Will the Minister affirm that the Government are still committed to those proposals and say when we are likely to see them?

The powerlessness of ethnic minority communities to scrutinise and shape police policies and practice is a crucial issue that remains unaddressed. The true test of a democracy is the way it treats its vulnerable and minority groups.

[Mr John Hayes (South Holland and The Deepings) (Con)]

The hon. Lady will know that a hugely disproportionate number of black young men are victims of knife crime. Will she agree to survey victims’ families—those who are most closely affected—to see whether they agree with her? I strongly suggest that they want tougher sentences for knife crime, they want tougher sentences for the criminals who are convicted and they want more stop-and-search.

[Naz Shah]

I thank the right hon. Gentleman for that, and I will address some of those issues. I am not sure that conviction rates support what he suggests, but I will look into that further.

Police and crime commissioners were elected to democratise policing, but few have prioritised issues facing ethnic minorities. The best stop-and-search schemes give the public opportunities to accompany officers out on patrol, but they place most of their emphasis on scrutiny of stop-and-search records and data at police consultation groups.

The University of Warwick recently conducted the most comprehensive study of how members of the public in five police force areas try to provide input into police practice. It showed that police-public consultative groups have become the main forum through which the police make themselves accountable to the public, although those groups lack representatives from ethnic minorities and young people, who are most affected by policing. It concluded that these groups have become talking shops and are viewed as merely rubber-stamp committees by frustrated members of the community who want to make a difference. That is because there is no obligation on police officers to amend their policies or practice in the light of recommendations from the public. Even more concerningly, some senior officers responsible for organising these groups are either misleading the public about their use of stop-and-search or withholding even the most basic information, which would allow communities to hold them adequately to account. If we are serious about empowering communities, we need to ensure that members of the public can make recommendations and receive a written response from their chief officers on what those officers will do with that feedback. Will the Minister make that a statutory requirement?

The importance of getting stop-and-search right is made clear by academic literature on procedural justice, which suggests that the way people are treated by the police has an impact on their trust and confidence in the police and, by extension, on their perception of the state’s legitimacy, which determines their willingness to co-operate with the police and obey the law. It is therefore no surprise that anti-police riots have been fuelled by experiences of stop-and-search. All of that makes it even more important that we get stop-and-search right, no matter how long it takes.

One type of encounter that tends to be ignored and that is shrouded in secrecy is stops under schedule 7 to the Terrorism Act 2000, which are the most draconian of all police stops. The schedule provides powers to detain the travelling public for up to six hours, which could mean they miss their flights, without the right to compensation. They are separated from their family and friends to be questioned, searched and potentially strip-searched. They have their biometric data taken, irrespective of the outcome of the stop, and have data from their mobile phones and laptops downloaded without their knowledge or consent. This has a deeply negative psychological impact on British Muslims and on those mistaken for Muslims, such as Sikhs and men with beards. This power does not require there to be suspicion that individuals are involved in terrorism, so British Muslims are left wondering why they have been detained, other than by virtue of their faith.

Young Muslims have had the bizarre experience of being asked if they personally know where international terrorists such as Osama bin Laden are hiding. These law-abiding citizens are made to feel humiliated, distressed and fearful, as well as alien to the country they know and love. That has created a sense that British Muslims have become the new suspect community. What will the Government do to eliminate religious and racial profiling at ports?

There is more data and research on police stops than ever before. It shows a consensus that these powers are ineffective in anything other than highly individual scenarios and that they continue to impact negatively on innocent people’s lives. Now is not the time to rest on our laurels and assume that the job is done, simply because the overall numbers are down. I look forward to hearing from the Minister what the Government are doing to empower communities to hold their police to account, to deliver on promises of reform and to tackle the false notion that knife crime is linked to stop-and-search.

I will finish on this:

“nobody wins when stop-and-search is misapplied. It is a waste of police time. It is unfair, especially to young, black men. It is bad for public confidence in the police.”—[Official Report, 30 April 2014; Vol. 579, c. 833.]

Those are the words of our current Prime Minister when she was the Home Secretary. This year marks 20 years since the Macpherson inquiry started, and last month was 25 years since the stabbing of Stephen Lawrence. The Macpherson report in 1999 noted on stop-and-search that there remained

“a clear core conclusion of racist stereotyping”.

In 2009, the Home Affairs Committee, of which I am a member, reported on progress since the Lawrence inquiry. It noted that minority ethnic people remain

“over-policed and under-protected within our criminal justice system.”

It may be easy, from a position of privilege, to view this as a fad, but for many in our black and minority ethnic communities, racial profiling and discriminatory policing are real. They are corrosive, and they are undermining trust in public institutions. If we have learned anything from the Macpherson report, it is this: institutional racism needs to be dismantled if we are to build a society based on values of procedural justice and public accountability.

[Philip Davies (Shipley) (Con)]

It is always a pleasure to serve under your chairmanship, Mr Owen. I congratulate my constituency neighbour, the hon. Member for Bradford West (Naz Shah), on securing the debate. It may not surprise her or you to hear that I disagree with virtually everything she said. I will explain why.

This debate is about the effect of police stop-and-search on black, Asian and minority ethnic communities. I believe that the recent changes in the culture on stop-and-search are very much hurting parts of those communities, and it is not on. They are suffering not from the overuse of stop-and-search, as the hon. Lady would contend, but from the potential underuse of it.

I appreciate that some people will look just at the headline facts, take the consensus view and then want to be seen to be doing something to solve the problem they have identified. I wish, not just on this issue but on many others, that we in Parliament would look more closely at the evidence; we are not here to represent the loudest voice of the day. Apart from that being sensible in itself, if the problem identified is the wrong problem, doing something to fix it could actually be more harmful than helpful, despite people’s very best intentions.

It cannot have escaped anyone’s attention that young people are dying on our streets at a frightening rate, particularly in London. If we look beyond the statistics to the real lives being lost, they are predominantly not white. I am no fan of dividing people up by the colour of their skin—in fact, I often think that the people who see everything in terms of race are the real racists—so all such references in my speech are simply to reflect that that is the way in which the debate is framed.

Extreme violence is one of the real problems facing us, and by and large it is non-white people who are the victims in these murders. The 2016 statistics on race and the criminal justice system show that, in the three-year period from 2013 to 2016, the rate of homicide was four times higher for black victims, at 32 victims per million people, compared with white victims at eight per million and other victims at seven per million. Therefore, when it comes to the most serious offence of all—murder—it is clear that black people, and in particular black males, are far more likely to be victims. They are also more likely to be murderers.

Following a parliamentary question I asked in 2016, I was given the following information about the ethnicity of murderers. While white people made up 87% of the population, they were responsible for 67% of murders. Black people made up 3% of the population but 14.5% of murders. Asian people were 6% of the population but were responsible for 12% of murders, and mixed race people were 2% of the population but responsible for 5.5% of murders.

It is also a fact that black people are more likely to use a knife or a sharp instrument to kill. According to the 2016 statistics on race and the criminal justice system, for victims from the black ethnic group sharp instruments accounted for nearly two thirds of homicides, but they accounted for only one third of white homicides. Cressida Dick said last year that young black men and boys were statistically more likely to be the victims and perpetrators of knife crime, having made up 21 of 24 teenagers murdered at that point that year.

That is the background and those are the facts. I am not sure anybody disputes them, because they are the official facts. If no crimes were taking place, we would not need stop-and-search, but in the real world there is crime, and it is a serious problem. The use of stop-and-search is just one way to fight against crime and one tool to try to prevent it, but it is a very important tool.

[Naz Shah]

I thank the hon. Gentleman, my neighbouring MP, for his input. How does he respond to the fact that for the majority of stop-and-searches that take place, when police officers make their recordings they are made for the purposes of addressing drugs, not knife crime or violent crime, despite what he reads?

[Philip Davies]

I will come on to address those points in my remarks, but the implication of what the hon. Lady says is that drug offences are not serious offences and therefore the police should be turning a blind eye to them. That is not a premise I accept. Drugs are a blight on our society and cause misery for a lot of families, and it is absolutely right that the police try to crack down on drug offences. I do not take the view that drug offences are something that the police should not focus on.

[Philip Davies]

My right hon. Friend makes a good point; it is difficult to disaggregate drugs from some of the violence we see. The two often go hand in hand, and he puts that point particularly well.

I do not have time today to go into as much detail as I would like on this subject. I know that one of the reasons for stop-and-search relates to drugs. The 2016 statistics on race in the criminal justice system show that 34% of black offenders, and only 15% of white offenders, were convicted of drug offences, making that the largest offence group for black offenders. It seems to me perfectly obvious that black people are therefore more likely to be stopped and searched for drugs than white people, because more people are convicted of those crimes. That seems to me to be partly obvious. Drug offences were also the largest offence group for the Asian ethnic group, accounting for 28% of its offenders.

One of the other purposes of stop-and-search is to check for weapons. According to the Ministry of Justice’s figures, black suspects had the highest proportion of stop-and-searches for offensive weapons, at 20%. As far as I am concerned, it is irrelevant how many people from each background are being stopped and searched. What is relevant is how many of those who are stopped and searched are guilty of those crimes.

If those from certain communities were being stopped and searched and were consistently found to have done nothing wrong, I would be the first to say, “This is completely unacceptable.” In fact, that was one of the reasons why I started to do my own research on this subject, because I was constantly being told that people from ethnic minorities were much more likely to be stopped and searched but to have done nothing wrong, and therefore they were simply being stopped and searched because of the colour of their skin. If that were the case, it would be unacceptable, but that is absolutely not the case.

I asked a parliamentary question about this in 2016. I was told that the following were the percentages of searches that resulted in an arrest. For white people who were stopped and searched, 13% were arrested as a result. For black people it was 20%, for Asian people 14% and for mixed race people 17%. The evidence shows that the community that is much more likely to be stopped and searched and yet found to have done nothing wrong is white people. Those are the facts. They might be inconvenient facts for people who have a particular agenda, but they are nevertheless the facts.

[Naz Shah]

I hear what the hon. Gentleman says, but I struggle with it. For me, the common-sense approach to this would be to say that if the police are searching more black people, they will get higher conviction rates. If they were searching the same number of white people, would that not correlate with convictions? The truth is that from the outset, black people have been stopped and searched much more than their white counterparts, so there will be a reduction in those figures, will there not?

[Philip Davies]

It is a proportion, not a number. It is a proportion of the number of people who are stopped and searched who were found to have done something wrong and were arrested as a result. The numbers are irrelevant; I am talking about the proportion. As I say, I am not a big fan of dividing people into ethnic groups, but that is the purpose of this debate. The fact of the matter is that the ethnic group most likely to be stopped and searched and found to have done nothing wrong is white people. That is the fact.

--- Later in debate ---

[Philip Davies]

I have just answered that question, but I will answer it again for the right hon. Lady’s benefit. The fact is that for certain categories of offence—murder, drug offences and so on—black people and people from ethnic minorities are more likely to be guilty than white people. That is a fact. I am not making a particular contention. That is the evidence. That is the rate of convictions. That is done by the courts. It might be that she has no confidence in our courts system in this country; that may be her contention. I, as it happens, do. Those are the facts.

[Naz Shah]

I am really struggling with this. What I am saying, and what I have put before the House today, is the fact of the disproportionality of young black men being stopped and searched in the first instance. Had we not had that disproportionality— if we had it equal—does he not agree that those figures would then be more fairly representative—

[Albert Owen (in the Chair)]

Order. I will just say to the Opposition Front Bencher and the sponsor of the debate that they will get an opportunity to respond to the debate.

--- Later in debate ---

[Naz Shah]

Thank you, Mr Owen, for again calling me to speak.

I thank all the right hon. and hon. Members who have contributed to this debate: the hon. Member for Shipley (Philip Davies); my hon. Friends the Members for Ealing Central and Acton (Dr Huq) and for Manchester, Gorton (Afzal Khan); our shadow Home Secretary, my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott); and the hon. Member for Linlithgow and East Falkirk (Martyn Day).

I will address a couple of the issues that have been raised. My neighbouring MP, the hon. Member for Shipley, talked about valuing our police. I do value the police. It is in that vein that I sit on the Home Affairs Committee and that I am part of a national roundtable led by Chief Constable Boucher, which looks at diversity on behalf of the National Police Chiefs’ Council. It is in that vein that I am committed to the police. The hon. Gentleman and I share the same chief superintendent, Scott Bisset, and I have extensive and very good relationships with my local police force. I have full confidence in Chief Superintendent Bisset’s attempts to create a diverse workforce in the police.

Talking about a diverse workforce, what my hon. Friend the Member for Ealing Central and Acton said today was really important. We do not have a diverse workforce, despite the figures that the hon. Member for Shipley quoted earlier. The truth remains that we are far from having a reflective workforce. A reflective workforce would benefit the police.

This debate was never about telling the police how to do their job; it is about supporting the police. True leadership consists of two things—challenging and supporting. If we are to are to be real critical friends to the police, we must both challenge and support them in delivering the objective of keeping our communities safe. This debate is about making our communities safer.

Every study that has piloted unconscious bias training has shown a direct correlation between a change of attitude, a change in crime and a change in the nature of how we police, so that it is better for our communities. That is what this debate is about; it was never about hammering the police and having a pop at them. Unfortunately, it has gone that way, which disheartens me.

I thank the Minister for agreeing that policing is about intelligence and relationships. We build relationships with communities not just by attending the funerals but by attending the weddings, too. It is about building relationships between the police and their communities, and that is not done by creating an experience for a child, which will sit in their mind, of being searched just because they happen to be black or just because their pigment colour is a few shades darker than that of other people, which shows them that they do not belong, they do not matter and they are not protected. That is what this very important debate today has been about, and I thank you, Mr Owen, for your chairmanship and all the Members who have contributed to it.

Question put and agreed to.

Resolved,

That this House has considered the effect of police stop and search powers on BAME communities.