Immigration Detention
Debate between Paul Blomfield and Fiona Mactaggart(9 years, 3 months ago)
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Paul Blomfield (Sheffield Central) (Lab)
On behalf of the hon. Members for Bedford (Richard Fuller) and for Enfield, Southgate (Mr Burrowes) and my own behalf I thank all the Members who have contributed to the debate. I am delighted to say that there were too many speakers for me to mention individually. All the speeches were characterised by powerful stories and strong arguments. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) is right: we have stumbled into this situation under the auspices of successive Governments, and we all have a responsibility to resolve the position and sort it out.
We have heard from 25 speakers representing four parties on both sides of the House, and there has not been a dissenting voice on our central recommendation.
Fiona Mactaggart
Does my hon. Friend share my disappointment that, although the Minister referred to Stephen Shaw’s report, we still do not know when it is going to be published, and we do not know what consultation will take place with medical experts and organisations representing people whose mental health is suffering in detention about the consequent conclusions of the Home Office?
Paul Blomfield
Yes I do, and I am also concerned about the fact that the remit of the report is too narrowly drawn.
Our central recommendation is for a statutory limit on immigration detention. The cultural change that that will produce—an end to the presumption to detain, and the development of community-based alternatives—will restore humanity and justice to the system, and it will be more efficient and effective.
I hope that the Government will take account of the debate. The Minister set out the Home Office’s policy and, indeed, the law on indefinite detention. The problem is that the reality does not match it, and I hope that he will acknowledge the need for change.
Let me end by joining others in thanking Sarah Teather for her work. I also thank all the detainees who gave evidence to us, many of whom have watched the debate today. I hope that they will see the difference that their contribution has made, and I commend the motion to the House.
Question put and agreed to.
Resolved,
That this House supports the recommendations of the report of the Joint Inquiry by the All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration, The Use of Immigration Detention in the United Kingdom; has considered the case for reform of immigration detention; and calls on the Government to respond positively to those recommendations.
Modern Slavery Bill
Debate between Paul Blomfield and Fiona Mactaggart(9 years, 9 months ago)
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Paul Blomfield
My hon. Friend makes the point very powerfully: there is enormous pressure on victims not to come forward. The Government’s position is indicative of their whole approach. It puts the responsibility on victims to come forward to secure prosecutions to end trafficking. Unlike Lords amendment 72, which places the emphasis on how best to protect victims, the Government are instead trying, with their amendments, to refocus on the need for victims to do the authorities’ work for them. It almost suggests the victims are guilty of something if they do not want to take this enormous risk. The Minister is shaking her head, but the Government’s approach does not take account of why victims are scared to come forward, nor does it recognise that trafficked people are frequently trapped in a trafficking situation because of a fear—real or perceived—of authorities. Traffickers prey on that fear to hold victims in exploitative situations.
Fiona Mactaggart
Another problem with the Government’s proposed amendments relates to people who are exploited but not enslaved. For example, a woman domestic worker is more vulnerable to sexual exploitation, because she works in the private family home and so on, but she would not benefit from these protections because she could not enter the NRM. She is not enslaved, but she might have been a victim of sexual exploitation or rape. There is no mechanism to protect her.
Paul Blomfield
My right hon. Friend makes a very powerful additional point on why the Government’s approach is flawed.
My overriding concern is that, despite the Government’s stated commitment to tackling modern slavery, the Bill is still far too dependent on the victims rather than the state to identify the perpetrators of trafficking and slavery. That is not only morally wrong; unfortunately for the Government, it is also illegally flawed. The European Court of Human Rights has held that the state has a positive obligation to protect victims of trafficking and to investigate potential trafficking situations. Lords amendment 72 brings us much closer to meeting that positive obligation. It provides victims with a clear safety net: the ability to leave an exploitative situation without hesitation.
We all need to play our part to combat the horrific crime of modern slavery, but the agencies of government are legally obliged to take a proactive role in identifying potential cases. It seems that in the absence of an effective prevention strategy to meet that aim, the Government are depending on victims to pick up the slack when they really need proactive labour inspection and enforcement. That is a point I will make further, if I have the opportunity, in relation to Government amendment 77.
Paul Blomfield
I want to speak briefly to Lords amendment 77. I support it, but I have some concerns about how the consultation relating to the Gangmasters Licensing Authority was described by Ministers in the other place, first in relation to the consideration of changes to enforcement and licensing activity and, secondly, in relation to intelligence sharing and interaction with other agencies. On the first, it is important to emphasise that the interest shown in the role of the GLA throughout the passage of the Bill has been due to its status as a model of best practice internationally. Its strength lies in fulfilling the very letter of the new International Labour Organisation protocol and the recommendation to the forced labour convention—which this Government voted for just last year and intend to ratify shortly—calling for improved labour inspections and enforcement of labour laws as key prevention measures.
Will the Minister assure the House that consultation on changes to enforcement and licensing activity will give due consideration to the success of the GLA’s licensing and enforcement activity in its current form? I emphasise the words “in its current form”. General law enforcement is not a GLA responsibility and, should the GLA’s meagre resources be diverted into criminal investigations and crime control, as was suggested in the other place, its critical licensing and intelligence-gathering role would be compromised.
Much of the GLA’s strength lies in its ability to build relationships of trust with workers during its detailed intelligence-gathering work. Critically, that intelligence is often anonymous and relies on workers trusting that the GLA is independent of the Government. Vulnerable workers have expressed considerable mistrust for the GLA where it is considered to be too close to border security or the police. So will the Minister assure the House that the consideration of a role for the GLA in intelligence sharing will not pose challenges to its intelligence-gathering function?
At the recent GLA national conference in Derby, the Minister said that the review would ensure that the GLA would
“target the ‘right’ businesses, the ones who break the law, the ones who exploit their workers and the ones who subject them to servitude and slavery.”
I think everyone would agree that it is important to target the right businesses, but we want to ensure that the Home Office does not allow its emphasis on prosecution to obscure the complexity of the fight against modern slavery. We do not need another National Crime Agency or a new UK Border Agency; we need the Gangmasters Licensing Authority’s good practice in issuing and monitoring licences and in gathering intelligence extended to other sectors.
Throughout the debate on the Bill, businesses have made the point that many of them want to do the right thing, but that they cannot trade ethically and effectively police their supply chains here in the UK without adequate labour inspection and an enforcement framework. Recruitment agencies try to operate within the law but find their margins impossible and so undermine labour rights to save money. Gangmasters, whose business model depends on paying less than the national minimum wage, are overworking people and taking cuts for substandard accommodation. So we need a labour licensing, inspection and enforcement regime that offers assurances to good business, reduces the temptation to shave away at the corners of workers’ rights and absolutely outlaws the descent into forced labour.
Fiona Mactaggart
The Minister will not be surprised to find that I want to ask for more—I feel like Oliver sometimes—but let me start by saying thank you to all the members of the pre-legislative scrutiny Committee, to the members of the Public Bill Committee and to the Minister, because we have made real progress—I say that to Members from all parties. The Minister has often said that this is the first UK Bill to deal with modern slavery, but it will not be the last. So one thing I should like her to commit to—she has time in this debate to do so—is a review of the effect of this legislation within three years of its commencement. We are passing so much here that we need to test whether some of our anxiety about whether it will work, and some of her confidence that it will work, is well founded. Such a review would be a good foundation for looking to the future.
The second thing I want to ask for relates to Lords amendment 61, where the power to make regulations about victim care is explicit, but it is only a power to make regulations. There is a risk that for many months after this Bill victims of modern slavery in England will be less well cared for than victims of modern slavery in the other parts of the UK, which have passed legislation including powerful mechanisms for victim care. So will the Minister commit now—I believe that she is willing to do so, but it would be helpful if the commitment was made on the Floor of the House—to take the earliest opportunity to introduce regulations to ensure high standards of victims’ care following the review of the NRM.
My final point is about the Connarty-Mactaggart-Bradley issue, which is about supply chains. I really welcome the fact that supply chains are provided for in the Bill. The Minister will have noticed the debate in the House of Lords, which told us to learn from California about having no central spot where supply chain reporting happens. I have been struck by the keenness of companies on having a central spot, because good-quality companies will benefit from this legislation on supply chains. They are keen to ensure that there is proper comparability between the reports of different companies. The Minister could now say—it does not require legislation—that she will work with the commercial and voluntary sectors to try to establish a single repository for those reports, because if we do that, customers will be able to hold companies to account.
Examination Reform
Debate between Paul Blomfield and Fiona Mactaggart(11 years, 11 months ago)
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Fiona Mactaggart
Members on the Government Benches have said a number of times that there is space in the curriculum for these subjects. The problem, which none of them has yet addressed, is that since the introduction of the EBacc, school after school has reduced provision in those subjects. A tool is available, which the Government have chosen not to use. I do not think there is a respectable argument not to include in the EBacc at least one subject in which a young person’s creativity is what is assessed. I am arguing not for the exclusion of anything, but for the inclusion of assessment in subjects such as design and technology, music, art and drama.
Paul Blomfield (Sheffield Central) (Lab)
George Nicholson, a published composer and director of graduate studies at the university of Sheffield, makes precisely the point my hon. Friend has made about the degrading of creative subjects. Would she argue that, at the very least, a sixth pillar must be added to the EBacc, covering such subject areas, as the Henley review recommended?
Fiona Mactaggart
That is precisely the point I am seeking to make: there needs to be an additional pillar that includes these kinds of subjects.
I am worried about the Secretary of State, because in his response to my question about the achievements in Nobel prizes and so on, he said:
“The arts are mankind’s greatest achievement.”
We both share that view, but he went on to say:
“Every child should be able to enjoy and appreciate great literature, music, drama and visual art.”—[Official Report, 3 December 2012; Vol. 554, c. 579.]
That is not enough; it is not sufficient for children just to be able to enjoy and appreciate, and one thing we have to do as part of education is to develop in children the ability to create. I welcome Henley’s report, but Robinson’s report on creativity in education, produced more than a decade earlier, rightly suggested that we should define creativity as
“Imaginative activity fashioned so as to produce outcomes that are both original and of value.”
This is one thing that children should learn in school. It is not sufficient to expect them to learn it outside school. Many of us ensure that our children are able to learn it outside school, but many children do not get that opportunity and it is those about whom I am most concerned.
I am also concerned about the effect on our country’s achievements. There is a reason why we are a world leader in creative industries: our tradition of creativity in education and of requiring these subjects to be part of every child’s entitlement. I am concerned—I have yet to hear an answer on this from Government Members—as to whether there is any tool that ensures what I believe the Secretary of State wants, which is that children should be able to learn the ability to create. The schools that he most admires—Eton, just next to my constituency, and others—provide outstanding creative education. They are not following a set of league tables that make them jump through hoops and be judged just against their EBacc levels.
On this issue, I am reminded of the bit in Dickens’ “Hard Times” where Thomas Gradgrind says to Sissy Jupe, who knows everything there is to know about horses, “Define a horse.” She sits there silent, not knowing how to do it, and then Bitzer says, “Quadruped. Graminivorous. Forty teeth”. That is of course the right answer, because ours is a world determined by facts. The bit of the story that many of us have forgotten is where the inspector speaks later. Dickens has him saying:
“You are to be in all things regulated and governed…by fact. We hope to have, before long, a board of fact, composed of commissioners of fact, who will force the people to be a people of fact, and of nothing but fact. You must”—[Interruption.]
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