Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Richard Fuller Excerpts

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Richard Fuller (North East Bedfordshire) (Con)]

I am enjoying listening to a number of the arguments I have heard being put forward. On this issue of foreign offenders, is not the right answer to deal with their immigration status while they are in prison serving their term, rather than throwing them into a detention system because we have not worked out how to do that in the first place?

[Dehenna Davison]

One could certainly argue that; I would argue the opposite, but I thank my hon. Friend for his point. Let me give a tangible example. Had a 28-day limit been in place in December, it would have resulted in the immediate release of some foreign nationals who were awaiting deportation, including 29 rapists, 27 child sex offenders and 52 violent offenders, including a number of murderers, and more.

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[Alexander Stafford]

I have given way already, so I am not going to do so again. I will make some progress first.

We in Rother Valley are strong supporters of law and order. For that reason, I wish to address lawful immigration detention and highlight why it is necessary to keep the public safe. It has been suggested by some that we should impose a 28-day limit on immigration detention. I strongly reject that assertion, but I understand why hon. Members may suggest it. I also wish to remind the House that anyone wishing to leave immigration detention can do so at any time simply by leaving the country as they are legally obliged to. Nobody is forced to be in detention.

A 28-day limit would result in an immediate release of many foreign nationals who are criminals, as some of my hon. Friends have said. We want to emphasise that rapists, murderers and paedophiles could still be in this country under that system, and I for one—and the people of Rother Valley—do not want that.

[Richard Fuller]

I tried once, and I will try again with another Conservative colleague on this very question. We hear people trot out the stories that the Home Office has put forward about the people who are in detention and their heinous crimes. Does my hon. Friend agree that that is a job for the criminal justice system, not a job for the immigration detention system?

[Alexander Stafford]

I am glad for that intervention. I am not here to say whose job it is, but one thing I can say is that I do not want rapists or paedophiles over here. If they can be deported, let them be deported. Let them be detained. That is what I stand for: strong law and order.

Rather than imposing 28-day limits, we should ensure that the whole asylum and removal system works much faster and more efficiently. Currently, the legal process can take years with protracted appeals. I am pleased that the Government are considering reforms to ensure that genuine asylum claimants can claim asylum faster, that decisions are made more quickly, and that delays will be eliminated. That is the efficiency of a Conservative Government. This will benefit not only communities such as Rother Valley, but those who find themselves in the system. The changes mean that the numbers in immigration detention will drop. I am proud that this Government are taking real action on immigration after decades of mismanagement by Labour. We in Rother Valley and across South Yorkshire know more than most about the Labour party ignoring our wants and needs. We have taken note of the fact that Labour voted against ending free movement and taking back control of our borders, yet again dismissing the will of the British people. Labour voted against our immigration Bill on Second Reading and the Leader of the Opposition, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), has declared that he would bring back freedom of movement if he were ever to become Prime Minister.

Labour cannot be trusted with control of our borders and it has proved that time and again. This Bill marks a new beginning for Rother Valley and for the United Kingdom as we exit the EU transition period and bounce back from coronavirus. We must build back better, build back greener, and build back faster. A sensible robust immigration system that works for Britain plays a central role in this strategy and guarantees a bright new future for my constituency and for our country. This Bill, unamended, does that. We promised this in 2019 and we are delivering. We are a Government who deliver. We are taking back control of our borders while those on the Opposition Benches want open borders.

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[Nadia Whittome]

I will not be taking any interventions; I need to make progress.

The hostile environment, from right-to-rent checks to the immigration health surcharge, is built upon the premise that migrants should be discouraged from coming to the UK. Not satisfied with the disaster of the Windrush scandal, this Government seem determined to press ahead with this unjust, discriminatory and poorly designed piece of legislation. The Home Secretary has yet to set out the details of what will come in place of freedom of movement. This Bill does not do that. Instead, it introduces multiple Henry VIII powers, which remove much needed scrutiny from our future immigration system.

I am afraid that the benefits of a points-based immigration system are a myth. Under such a system of employer sponsorship, workers are heavily restricted in their access to public funds, which puts many at risk of destitution. They are also less likely to join their colleagues in employment struggles for better terms and conditions. Migrants have been blamed for low wages, but it is not them who drive down employment standards—it is exploitative bosses who do, and it is this Government who allow them to do that. We have to make it clear that nobody’s rights should be linked to an employer. A person’s worth is not determined by their economic value.

Instead of removing EU citizens’ rights, the Government should have focused on making up the injustices that they have inflicted on the Windrush generation and other migrant communities. The Windrush compensation scheme is clearly not working. Does the Minister have anything to say to these families waiting in limbo?

This punitive, discriminatory piece of legislation is a slap in the face to the carers, cleaners, drivers and shop assistants who have risked their lives on the frontline to keep this country running throughout the pandemic, and who Members here have applauded every week. The scale of the Government’s hypocrisy is breathtaking—clapping for carers one day and downgrading their status in law the next. This Bill would class many vital jobs as low-skilled and prevent people from getting a new work visa or extension. That would include care workers—people like my colleagues who I worked with before becoming an MP and during the pandemic. The work may be low-paid and badly undervalued by those in power, but it is not low-skilled. Will the Minister, for the avoidance of doubt, clarify whether the Home Secretary still considers care workers to be low-skilled?

A recent report, “Detained and Dehumanised”, is based on interviews with people who experienced detention in UK centres. It was done before the pandemic. The report highlights a disturbing level of despair. One person said:

“I saw people cutting themselves, someone who tried to hang himself, someone who died in detention”.

Another said:

“The most awful thing was an uncertainty: Not knowing whether I will be released and what they’re going to do to me”.

As the right hon. Member for Haltemprice and Howden (Mr Davis) has said, this is a terrible, inhumane position to be in. Ultimately, nobody should be imprisoned because of where they were born, yet the UK is the only country in Europe that does not have a time limit on how long a person can be held in immigration detention. Twenty-eight days is absolutely the longest time allowed in any other context.

I urge the Government to do the right thing, even at this late hour. They should not block the many sensible amendments and new clauses. Carers, shop assistants and cleaners are risking their lives on the frontline looking after us. The least we can do for them is to use our votes today to look after them.

[Richard Fuller]

I am very glad that I sat in on this debate today to learn the origins of the hostile environment. We learned today that the author of the hostile environment was none other than the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), the Labour candidate to be Mayor of the West Midlands. That is right. He is the author of the hostile environment for immigration. We have learned that today.

The second reason I wanted to contribute today was to be able to say thank you to my right hon. Friend the Home Secretary for bringing forward the points-based system for immigration. Like her, I felt that the opportunity to bring forward an immigration system that did not discriminate based on the origins of where someone came from was one of the strong reasons to support Brexit in the referendum. I am pleased that she has confounded her critics by coming forward so quickly in this Parliament with a new Bill that does precisely that. She knows, and many Members here know, that many areas of the Home Office do not work well, and I am pleased she has started there. Now let us turn to some other areas.

I will turn to what I can only describe as a shameful briefing note on immigration detention put out by the Home Office earlier today. In that note, the Home Office claims that 97% of the people in immigration detention were foreign national offenders. Do they think we are stupid? Do they not think we understand that most of the people in immigration detention have been put out of the detention estate during covid-19?

The note goes on to describe in the most lurid details what may be the case about the backgrounds of individuals, forgetting all those other people who have been put through immigration detention who have perfectly legitimate cases to remain in this country and who may have been victims of communal rape or child trafficking. It is a shameful document that was put out by the Home Office today, and that is why I am very pleased to support the new clauses in the name of my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) that deal with 28 days as a limit on detention.

[Tim Loughton]

My hon. Friend gets it absolutely right about the misinformation that has been dispatched this morning. Is it not the case that a six-month grace period would be the result of the new clause? Those people would not be put out on the streets from the detention centre. The problem is that 63% of those in detention centres are released back into the community because the process has failed, and that includes serious sex offenders, rapists and other serious criminals, so it is happening now and not as a result of what the new clause would achieve.

[Richard Fuller]

My hon. Friend is absolutely right, particularly in stressing that the issue is not the people but the process: it is the process that does not work. An immigration detention estate is a manifestation of a completely failed process that fails the person coming to this country right from the start. We should not have an immigration detention estate; we should not have it at all. We only have it because of the accumulated errors of the Home Office going back well over a decade, as my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said.

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[Paul Blomfield]

There is clearly much to comment on in this Bill, but I rise specifically to speak in support of new clause 7 and to commend the right hon. Member for Haltemprice and Howden (Mr Davis) for the powerful case that he made in speaking to it. Back in 2014, I was pleased to serve as vice-chair of a cross-party inquiry into immigration detention. We included parliamentarians from both Houses and all the main parties, many with huge experience, including a former Law Lord and a former chief inspector of prisons. There were more Government Members than Opposition Members, including the hon. Member for North East Bedfordshire (Richard Fuller), who also spoke powerfully on this issue a few moments ago. I pay tribute to Sarah Teather, who chaired the inquiry and who now leads the Jesuit Refugee Service UK, as others have mentioned. After an eight-month inquiry, our recommendations included the limit on detention that is proposed in new clause 7. That was endorsed by the House of Commons in September 2014, so it is disappointing that we are still discussing the issue—but it is important that we are, because, contrary to some suggestions, it is not a particularly controversial proposal.

The truth is that we have become too dependent on detention, which takes place in immigration removal centres. The clue to the purpose of those centres is in the title. They are intended for short-term stays, but the Home Office has become increasingly reliant on them, under successive Governments. Home Office policy states that detention must be used sparingly, but the reality is different.

In our evidence we heard from many organisations, NGOs and so on, but, most powerfully, we heard from those in detention over a phone link. One young man from a disputed territory on the border between Nigeria and Cameroon told us that he was 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 arrival, and he was detained. He told us that he had been in detention for three years. His detention conflicts with the stated aims of the Home Office in three respects—that those who have been trafficked should not be detained, that those who have been tortured should not be detained and that detention should be for the shortest possible period. His case is not the only one. There are more people like him than there are so-called foreign national offenders, which the Home Office briefers urged Members to refer to. Time and again, we were told that detention was worse than prison, because in prison you know when you are going to get out. One former detainee said:

“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.”

A medical expert told us that the sense of being in limbo, of hopelessness and despair is what leads to deteriorating mental health, and that

“those who were detained for over 30 days had significantly higher mental health problems”.

It is not simply the impact on detainees that demands change. A team leader from the prisons inspectorate told us that the lack of a time limit encourages poor case working, saying that,

“a quarter of the cases of prolonged detention that they looked at were a result of inefficient case-working.”

It has become too easy for the Home Office to use administrative detention, and that is what needs to be challenged. The Home Secretary talked about the culture change in the Home Office only a few days ago, in response to the Windrush review. Removing indefinite immigration detention would make a significant contribution to achieving that culture change, because with no time limits, it has simply become too easy for people to be detained, for too long, with no meaningful way of challenging that detention.

Our report gave a number of examples of alternatives to detention, which are being used by countries often held up as hard on immigration, such as Australia. We know that the Home Office is developing pilots on community-based alternatives, including one at Yarl’s Wood, which is a year in and is running well.

[Richard Fuller]

As the hon. Gentleman has raised the point about Yarl’s Wood, does that not show that with experimentation on alternatives, the Government can find ways to do what they want to do, but to do it better?

[Paul Blomfield]

I thank the hon. Gentleman for that intervention. He is absolutely right. It is not simply the case that alternatives to detention are more humane—they are more efficient, more effective and more cost-effective for the Government.

I understand that the Government are shortly to announce a second pilot, and that is to be welcomed— I would be glad to hear anything that the Minister would like to say on that—but the pilot we have already seen and the experience of other countries have already demonstrated the effectiveness of community-based alternatives. We need to move faster. The proposal to end indefinite administrative detention in new clause 7 would be more humane, less expensive and more effective in securing compliance. The time really has come for Members from both sides of the House to get behind the proposals in new clause 7.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Richard Fuller Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Richard Fuller (North East Bedfordshire) (Con)]

It is a pleasure to follow the hon. Member for Nottingham East (Nadia Whittome), who spoke so eloquently about the impact of Lords amendment 1 and the importance of wages for people who do some of the most important work in our country.

I will speak to Lords amendment 6, which would place a time limit on immigration detention and was moved so well by the noble Baroness Hamwee in the other place. Immigration detention is the ghastliest aspect of the failed immigration system we inherited from the last Labour Government. However, we can no longer apportion the blame to them, because it was so very long ago.

This amendment provides an opportunity for the Government to start to modify the worst aspect of immigration detention, which is that we never tell people when they will come out. That is the most atrocious thing to do to anyone. Those of us who have been through the national lockdown or quarantine know how psychologically debilitating it can be. Imagine being in that position and never knowing when you will come out.

This is an opportunity to make change. This is an amendment that the Government could have adopted. It is an amendment that screams, “We can do better. Please accept this.” The Minister said in his opening remarks that 28 days was a very short limit. Of course, the Government had the opportunity to put in their own limit, if they had wished to. They did not do that. It is another indication of the lost opportunity we see with this amendment today.

Unfortunately I do not compliment the Minister on this too often, but I was very pleased that he did not use the usual Home Office trope that putting a time limit on immigration detention would let out the rapists, the murderers and all the other people they like to scare others about. As he well knows, that argument does not hold water. There were 24,500 or so people in detention in 2019, of whom 26% were detained for more than 28 days. That is 6,373 people—a vast number—who were detained for over 28 days. That has nothing to do with failures in the criminal justice system in processing people’s immigration claims while they are in prison.

As the Minister indicated in his speech and as others have said, we are looking towards a new system that promises to speed up application processes and make our asylum system more effective. I say gently to him that the Government cannot speed up a broken immigration system without causing more harm. It is better first to recognise the failures in the system we have before seeking to speed the process up, thinking that that will somehow provide a solution.

It is for that reason that I am so disappointed the Government have not taken this opportunity to put in a time limit or to say, “We understand the psychological problems that come when we detain someone without telling them they can leave.” As the Government come forward with the new system, I want them to say, “When someone comes here to claim asylum, we will provide them with access to the best psychological resources, so that we can understand what underpins why they have sought asylum.” I want people to have the best access to legal aid and legal rights so that their claim can be made with the greatest precision and so that honourable claims for asylum have the best chance of being heard and recognised.