Immigration Bill (Fourteenth sitting)

Paul Blomfield Excerpts

Tuesday 10th November 2015 Public Bill Committees

[The Solicitor General]

I am grateful to the hon. and learned Gentleman for raising an issue in which I take a personal interest—the use of British sign language and other means for deaf people to participate in all aspects of our mainstream life. To parenthesise for a moment, I am sure that he would be interested in the work that I am doing to explore why deaf people cannot serve on juries, for example. It seems to me wholly ridiculous, but that is the position at the moment. Perhaps we can talk about that offline.

A British sign language interpreter is of course arguably a reasonable adjustment that is provided under an employer’s duty towards staff with a disability under the Equality Act 2010. That would be part and parcel of a person’s work; so to use it as a basis for suggesting lack of fluency would be wholly wrong and self-defeating. It is important to remember that people with disabilities, with reasonable adjustments, increasingly form part of the mainstream workforce. The provision is not designed to cut across that.

I think we all benefit from the fact that people with different ethnic origins work in our public services. Whatever they sound like and wherever they are from we welcome them all; but it is important—and they would agree—that we make sure there is a basic standard, to ensure that all sections of society have the fullest confidence in our public services. The measure goes a long way to protect our public servants.

[Paul Blomfield (Sheffield Central) (Lab)]

I concur with the point that the Solicitor General makes, but I did not necessarily recognise the figures he gave earlier as a description of the problem. They were census data, which did not necessarily relate to the issue. However, let us assume that there is a problem. Is the Minister not concerned that what he wants to do will be undermined by the cuts of the order of 30% in the adult skills budget since 2010, which have had a direct impact on the courses in English for speakers of other languages that give people precisely the skills he is looking for? In the spirit of his proposals will he make representations to his colleagues in the Department for Business, Innovation and Skills to increase that budget?

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[James Brokenshire]

The clause inserts a new section in the Immigration Act 2014 to provide a power to impose a charge on employers sponsoring non-European economic area skilled migrants. In addition, it contains provision for regulations to be made regarding the charge. The immigration skills charge will help to address current and projected skills needs in the UK economy and contribute to reducing net migration. The intention behind the charge is to encourage employers to think differently about their recruitment so that, where possible, they recruit and train up resident workers.

[Paul Blomfield]

I do not disagree with the principle, which is right, but I wish to explore some of the detail.

I represent the University of Sheffield, which is involved in apprenticeship training. As I understand the proposals, the money raised from the charge will go to the Consolidated Fund to assist in addressing the skills gap in the UK. The university’s Advanced Manufacturing Research Centre, which has been held up as a model by the Government, is involved in higher apprenticeship training, much of which is undertaken by academics who are recruited through the tier 2 route. It appears nonsensical to make a levy on the University of Sheffield and other universities and educational institutions for recruiting tier 2 workers who are actively involved in filling the skills gap. What does the Minister think about that issue?

Similarly, we have received representations from the British Medical Association and the Royal College of Nursing about the position in the health service where, because of skills shortages, the Government and the NHS are actively recruiting from abroad. Given the financial pressures on the NHS, does it make sense to levy a skills charge on it? Perhaps that is not the Government’s intent and I have misunderstood the provisions of the Bill, in which case I will be grateful if the Minister can clarify the position on both those points.

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[The Chair]

With this it will be convenient to discuss the following:

New clause 3—Time limit on detention—

In paragraph 16 of Schedule 2 to the Immigration Act 1971 after subsection (4) insert—

“(5) ubject to regulations under subsection (6), a person detained under this paragraph must be released on bail in accordance with Schedule 5 to the Immigration Act 2016 after no later than the twenty-eighth day following that on which the person was detained.

(6) The Secretary of State may by regulations make provision to vary by category of person the time limit under subsection (5).”

[Paul Blomfield]

I beg to move, That the clause be read a Second time.

I am very pleased to be speaking to new clauses 1 and 3, were tabled by the hon. Member for Bedford (Richard Fuller), a Conservative. I was delighted to have the opportunity to add my name to them so that they can be debated by the Committee. I think we are moving into new territory here, and I hope that the cross-party consensus that is reflected in my decision to support the clauses will be reflected in our deliberations.

In the previous Parliament I was pleased to serve as vice-chair of an inquiry into immigration detention on a panel that included the hon. Member for Bedford, along with other colleagues from the Government Benches, including the hon. Member for Enfield, Southgate (Mr Burrowes) and a former Conservative Cabinet Member, the right hon. Member for Meriden (Mrs Spelman). Opposition Members were in a minority on the inquiry panel, which drew parliamentarians from both Houses, including many with huge experience such as a retired Law Lord and a former chief inspector of prisons.

The inquiry was brought together by the all-party group on migration and the all-party group on refugees. Our recommendations, which were prepared after eight months of deliberation, included the limits on detention contained in new clauses 1 and 3. The recommendations were endorsed by the House of Commons on 10 September. The new clauses therefore build on the work of the inquiry and provide expression for the will of the House by introducing limits on indefinite immigration detention. This is not a particularly controversial proposal: we are unusual in this country in having no limit on administrative detention for immigration purposes.

Sadly, we have become increasingly dependent on detention, and that has been the case under successive Governments. This is not a party political point. Detention takes place in immigration removal centres, and the clue for their purpose should be in the name. They are intended for short-term stays, but we have become increasingly reliant on them, and as the use of detention has expanded rapidly over the last two decades, so has the size of the estate. In 1993, there were 250 detention places available in the UK; by 2009 the number had risen to 2,665, and by the beginning of this year it had risen to 3,915. The number of people entering detention in the year to June 2015 was just over 32,000—up 10% on the previous year. In contrast, Sweden, a country that in most years receives something like three times the number of asylum applications—I accept that immigration detention does not simply relate to asylum; nevertheless, there are much larger demands on that much smaller country—has 2,893 places, while Germany has just over 4,300.

Home Office policy, which is a good starting point, states that

“detention must be used sparingly”.

The reality is clearly different. Members will be aware of a number of high-profile incidents in immigration removal centres, including deaths and allegations of sexual assault. That was reflected in the evidence heard by our inquiry. In our first oral evidence session, we heard from non-governmental organisations and medical experts. Most powerfully, we heard from people who were at that time in detention centres via a phone link to immigration removal centres.

One young man from a disputed territory on the Cameroon-Nigeria border told us his story. He said that he had been trafficked to Hungary as a 16-year-old, where he was beaten, raped and tortured. He managed to escape and eventually made his way to Heathrow using a false passport, which was discovered on his arrival. He was then detained. We asked him how long he had been detained for. He told us that he had been detained for three years in the immigration removal centre. His detention conflicts with three stated aims of the Home Office: first, that those who have been trafficked should not be detained; secondly, that those who have been tortured should not be detained; and, thirdly, that detention should be for the shortest possible period.

New clause 1 seeks to put those Government aims on torture and trafficking in the Bill, and to add victims of sexual violence and pregnant women to the category of people not to be detained. Her Majesty’s chief inspector of prisons, Nick Hardwick, following an unannounced inspection of Yarl’s Wood immigration removal centre earlier this year, said to the Government:

“Procedures to ensure the most vulnerable women are never detained should be strengthened and managers held accountable for ensuring they are applied consistently.”

Following a case that was reported on 6 October, I understand that the Home Office is reviewing its policy on the detention of pregnant asylum seekers. I would welcome the Minister’s clarification on where that review stands.

New clause 3 seeks to deal with the wider issue of indefinite detention, the impact of which was a constant theme of our inquiry, and about which we received some striking testimony. Time and again we were told that detention was worse than prison. Initially, a number of us were puzzled by that, because we were not talking about the criminal justice system—many of those people demonstrate in due course that they have the right to be here—but those who were detained said that people in prison at least know when they will get out. As one former detainee told us:

“The uncertainty is hard to bear. Your life is in limbo. No one tells you anything about how long you will stay or if you are going to get deported.”

Medical experts told us that the sense of being in limbo and the hopelessness and despair leads to deteriorating mental health. One told us that those who are detained for more than 30 days have significantly higher mental health problems.

However, it is not just the impact on those who are detained. A team leader at the prisons inspectorate told us that the lack of a time limit encourages poor caseworking and lazy procedures in the Home Office. He told us that one quarter of the cases of prolonged detention that the prisons inspectorate had considered were the result of inefficient casework. That is not because it was inappropriate for people to be released. Despite being called immigration removal workers, we found—this is an important point—that most people who leave detention do so for reasons other than being removed from the UK. According to the latest statistics produced by the Government, more than half the detainees are released back into the UK. The system is therefore not only bad for those involved, but expensive and a waste of public resources, at a time when the Chancellor is looking for savings. Detaining someone costs £36,000 per year. Alternatives to detention, proved to be more effective in other countries, are significantly cheaper; so alternatives driven by imposing such a limit would save taxpayers’ money.

The recommendation to set a maximum time limit in statute, which new clause 3 would introduce, would not simply right the wrong of indefinite detention, but change the culture endemic in the system. By doing so, it would meet the aims of the Home Office’s own guidance, which is about detention being used more sparingly and only as a genuine last resort to effect removal. The proposed limit of 28 days reflects best practice in other countries and is workable for the Home Office, given that in the first three quarters of 2014 only 37% were detained for longer. It also reflects evidence about the mental health impact on those detained for more than a month.

Deprivation of liberty should never be a decision taken lightly or arbitrarily. Decisions are taken by relatively junior officials, with no automatic judicial oversight. With no time limit in place, it has become too easy for people to be detained for months on end, with no meaningful way to challenge their continued detention. The introduction of a time limit and the reduction in reliance on detention represents a significant change—it is in line with what happens in other countries, but it is a significant change for us. Therefore, in order to detain fewer people for shorter periods of time, the Government will need to introduce a much wider range of community-based alternatives.

In the report of the inquiry panel that I mentioned earlier, we gave a number of examples of such alternatives from other places, including the United States—we are not talking about countries that might be perceived as a soft touch. Indeed, Australia, a country whose immigration system is often held up as an example of toughness, has also developed constructive, effective and much cheaper alternatives to detention. Those alternatives allow people to remain in communities while their cases are being resolved, including when making arrangements to leave the country. Not only are the alternatives better; as I have said, they also cost less and are more successful, because they have higher compliance rates in terms of people’s willingness to return.

There is a recent UK precedent. When the coalition Government committed to reduce the number of children detained, they introduced the family returns process. The House of Commons Library described its design as

“to encourage refused families to comply with instructions to depart from the UK at an earlier stage, such as by giving them more control over the circumstances of their departure”—

and it worked. There has been a dramatic fall in the number of children detained, and the Home Office’s own evaluation of the scheme found most families compliant with the process, with no increase in absconding.

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[James Brokenshire]

We have had a wide-ranging debate on an area of policy that is challenging and difficult. I say that because a significant proportion of those in immigration removal centres will be foreign national offenders. There has been a lot of discussion about asylum claimants, but if someone has made a claim for asylum, they should be receiving humanitarian protection. Hon. Members will equally know, for example, that we have suspended the detained fast track—a decision I took—to ensure that appropriate issues about vulnerability can be properly reflected in the arrangements.

There is a real challenge, about which I caution hon. Members, because if the official Opposition vote for new clause 3, they will be voting for a change of their policy. I note that exclusions were previously advanced for foreign national offenders and other groups, in recognition of some of the complexities and other challenges in this matter. People will seek to frustrate their removal at all costs. That is why, regrettably, there will always be a need for some level of immigration detention for when individuals fail to comply with requirements to leave the UK, seek to frustrate their removal or seek at times to use time limits as a means to string things out, because they know that they may gain advantage. Having said all of that, we are clear that detention should be used sparingly and only as a last resort.

We take our duty of care to those who are in detention seriously, for example, through healthcare and other provision. I recognise the reports on the issue of vulnerability to which I will come on, but there are many people working in immigration removal centres day in, day out, doing a tough and challenging job. In commenting on a number of the points made today, I put on the record my appreciation for those who are doing that tough job that supports our immigration centres and seeks to ensure that detainees are treated in a just, fair, appropriate and dignified way.

I underline that alternatives to detention should be used where possible, and I recognise that more can be done. The Bill and its new powers are part of the wider work to ensure that the Home Office has the right measures to manage individuals who are not detained and to ensure that they leave the UK when they no longer have any rights to be here. I continue to give great thought to ensuring that we provide an effective system that delivers value for money and seeks the departure or removal of increasing numbers of people who have no right to be here. There is the balance between enforced removal and encouraged or facilitated departure and we have already debated that broadly in respect of family groups.

New clause 1 would introduce a statutory prohibition on the detention of pregnant women and victims of torture, trafficking and sexual abuse. I note the generous way in which the hon. Member for Sheffield Central sought to recognise that it was my hon. Friend the Member for Bedford (Richard Fuller) who, on Second Reading, tabled an amendment on this issue. Along with many other Members of the House, he is tireless in his work on issues of immigration and detention and takes such matters seriously. I pay tribute to the former Member, Sarah Teather, who chaired the all-party group on refugees. While we did not always see eye to eye, I never doubted her focus and determination to ensure that the issues were considered by the House. I know that the hon. Member for Sheffield Central was part of that all-party group and continues that work.

I can tell the Committee that we take such issues extraordinarily seriously and they weigh heavily on Ministers when we seek to deprive people of their liberty. Therefore, in our approach we seek to ensure that detention is part of a removals process, which at times has to take into account issues of public protection as well. The issues of safeguarding and vulnerability are very much in our minds and that is why my right hon. Friend the Home Secretary commissioned Stephen Shaw, the former prisons and probation ombudsman, to undertake an in-depth review of how the Home Office treats vulnerable people who are detained. As I indicated, that is why I suspended the detained fast track, because I could not be satisfied that safeguards were operating effectively.

The Committee will be aware that we have received Mr Shaw’s report and are considering our response to that important issue. We are actively considering the report’s recommendations and we will come back to the House in due course to report on that.

I think that the hon. Member for Sheffield Central was seeking a timeframe from me. We are not seeking to delay; we are considering those issues carefully, but I want to get it right and come back to the House with an appropriate response that recognises the thorough work that Mr Shaw has undertaken.

[Paul Blomfield]

I thank the Minister for his comments on that specific issue. Will he come back to the House with a response to that review before the Bill has completed its journey through both Houses?

[James Brokenshire]

I can certainly tell the hon. Gentleman that I wish to ensure that we publish the report and the Government’s response before the Bill completes its passage through Parliament. Equally, I want to ensure that we come back when we can. It is important that we reflect properly on the report and the recommendations, which we are actively doing.

During our debate on bail, I made it clear that vulnerable people should not normally be detained under immigration powers. I reiterate that point now. This approach is our published policy. We have a clear list of individuals who are not normally suitable for detention unless there are exceptional circumstances in play. The list includes pregnant women, the elderly, and those who have been identified by the competent authority under the national referral mechanism as victims of trafficking and torture. It is unlawful to act in a way that is contrary to our published policy.

The hon. and learned Member for Holborn and St Pancras raised the issue of mental health and release from detention. He asked whether there would ever be circumstances where a high-risk individual may need to be released from immigration detention because of their poor mental health. I can confirm that there will be some cases involving mental health issues where an individual should not be detained under immigration powers, no matter how high the risk and no matter how imminent the removal. In those cases, the right course of action will normally be to transfer to the appropriate authorities.

The new clause lacks definitions of the relevant exclusions and, as such, would be open to broad interpretation, so it contains weaknesses. Such an approach could leave the Home Office open to damages. For example, if a woman was pregnant at the point of detention but not aware of the fact or chose not to disclose her pregnancy, the Home Office could be sued for damages after the fact. It is an unfortunate reality that, in some cases, individuals will not comply with the requirement to leave the UK and their removal must be enforced, which often requires a short period of detention.

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[Paul Blomfield]

I am mindful there might be a vote in the Chamber in a few minutes, so I will try to be brief. I accept the Minister’s point that this is a complex and difficult area of policy, but evidence from other countries demonstrates that statutory limits on administrative intervention can and do work effectively. There is a case to be made for the limit suggested in new clause 3 and the specific exclusions suggested in new clause 1.

I underline the breadth of support across the House on this issue. That was evident in the inquiry and in our debate on 10 September, when 25 Members from all parties represented on this Committee—and more besides—spoke. The House, as a result of that debate, endorsed the recommendations.

On the Minister’s point about foreign national offenders and the wider caveats in new clause 3, not all foreign national offenders are necessarily a risk to public safety, and issues around that need to be addressed. I accept his point that there may be a lack of precision in how the new clause is drafted. For that reason, I agree not to press new clauses 1 and 3 on the understanding that he will, as he indicated, actively come back to us with the results of his consideration of the Shaw review. We will then have an opportunity to come back to the issue while the Bill proceeds in a way that achieves the objectives of the new clause, but perhaps in a better crafted way. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

[The Lord Commissioner of Her Majesty's Treasury (Charlie Elphicke)]

rose—