Nationality and Borders Bill

Richard Holden Excerpts

Consideration of Lords message
Tuesday 26th April 2022 Commons Chamber

[Stephen Kinnock]

What I would contend—[Interruption.] I am going to tell him. What I would contend is that with the Rwanda plan the wheels are going to fall off the bus very soon, so we will not need to answer that question. It will completely fail. Rather than chasing headlines, the Minister should be doing the nitty-gritty work of negotiating a returns agreement, giving resources to caseworkers and sorting out safe and legal routes. It is about not the razzle-dazzle of Daily Mail headlines but getting the job done.

At Home Office oral questions yesterday, the Minister could not answer a single question that I asked him about the cost of the Rwanda plan. I asked him: how many refugees does he expect to send to Rwanda each year? The Prime Minister says “tens of thousands”; is that correct? What will the cost be per single refugee going to Rwanda? What will the £120 million sweetener being paid by the UK to Rwanda actually be spent on? How many asylum seekers can Rwanda’s detention centres house at any given time? Finally, given that the top civil servant at the Home Office refused to sign off on the Rwanda plan, citing concerns over value for money, when will the Minister publish a full forecast of the costs?

[Mr Richard Holden (North West Durham) (Con)]

The hon. Gentleman has outlined his opposition to the Government’s proposal, but will he confirm, in answer to the Minister’s question, whether an incoming Labour Government would cancel the plan or go ahead with it?

[Stephen Kinnock]

We have made it absolutely clear that the plan is going to fail, as the Home Office’s top civil servant said, so the question will not arise. We will not need to deal with it; the wheels will fall off the bus. We certainly would not be spending £120 million on a press release.

The Rwanda offloading plan is not only a grotesquely expensive gimmick that is unlikely to deter people smugglers in the long-term, but deeply un-British. Dumping this challenge on a developing country 4,000 miles away, with a questionable record on human rights, raises serious concerns about whether this legislation complies with the UN refugee convention. That is why we will back Lords amendment 5D.

Another deeply un-British part of the Bill was the idea that the rubber dinghies could be pushed back out to sea. Yesterday, we witnessed the Home Secretary’s latest screeching U-turn—this time reversing a particularly unhinged part of the legislation. The Home Secretary’s pushback policy was almost completely unworkable, as she was told by the Border Force, by the French, by the Ministry of Defence and even by her own lawyers. As we learned from court documents published yesterday, she had actually agreed that pushbacks could not be applied to asylum seekers in the channel, but she tried to keep that secret so that she could keep up the bravado and tough talking. We hope that she will correct the record.

I have already pointed out—

Oral Answers to Questions

Richard Holden Excerpts

Monday 28th February 2022 Commons Chamber

[Rachel Maclean]

Let me be as clear as I can for the whole House. If there is a need for a new offence, we will bring it forward.

[Mr Richard Holden (North West Durham) (Con)]

I welcome the Government’s broad support for tackling violence against women and girls, including in public, and for banning virginity testing and hymenoplasty in the Health and Care Bill, which is going through the other place. I also welcome their backing for the private Member’s Bill introduced by my hon. Friend the Member for Mid Derbyshire (Mrs Latham)—the Marriage and Civil Partnership (Minimum Age) Bill—to ban child marriage in England and Wales. Our Police, Crime, Sentencing and Courts Bill will look to extend some of those issues, for example by outlawing breastfeeding voyeurism and ensuring that violent offenders spend more time in prison. Does the Minister agree that, by voting against that Bill, the Opposition are failing to send the right message on protecting the victims of crime?

[Rachel Maclean]

I thank my hon. Friend for highlighting the sheer scope of the work we are doing to tackle these atrocious crimes. Violence against women and girls is appalling, and this Government are focused and united on stamping it out. I would like to see the Opposition voting with us this evening to support the Police, Crime, Sentencing and Courts Bill. Given the very loud comments Opposition Members have made from a sedentary position, I expect to see them in the Lobby with us this evening.

Marriage and Civil Partnership (Minimum Age) Bill

Richard Holden Excerpts

Friday 25th February 2022 Commons Chamber

[Mr Holden]

I am honoured to be able to speak today and I was delighted to serve on the Committee with my hon. Friend the Member for Mid Derbyshire (Mrs Latham) in the earlier stages of the Bill. It is great to follow my hon. Friends the Members for Ynys Môn (Virginia Crosbie), for Devizes (Danny Kruger) and for Hastings and Rye (Sally-Ann Hart) and others who have made great speeches.

As my hon. Friend the Member for Mid Derbyshire knows, the Bill will have to go through the other place as well, so it is great to see Baroness Sugg in the Gallery, who has been great in supporting me in some of the legislation that I have been pushing for on banning hymenoplasty and virginity testing. I know that my hon. Friend has also been working with Payzee, Karma Nirvana and others who are also in the Gallery, who have been supportive in pushing this legislation forwards and in pushing for rights for women and girls in many other areas.

We need to concentrate on the small number of people who are using the exemption at the moment. They are not the children themselves, but their parents and other adults who are pushing them into it. The hon. Member for Ealing, Southall (Mr Sharma), in his superb speech, mentioned the importance of education and how people should be pursuing objectives in their lives before making big decisions such as marriage. It was a powerful speech and it is great that the Bill has fantastic cross-party support.

I am also delighted that the amendments have been made to the Bill, especially on the issue of deceiving a child, and it is great that progress has been made to tighten up the amendments relating to judicial scope. As my hon. Friend the Member for Mid Derbyshire referred to, the Gretna Green amendment, which relates to domiciliary versus habitual residency, is important and plays into what hon. Members have spoken about relating to Scotland and Northern Ireland. I hope that those devolved nations look at the recommendations of the United Nations Committee on the Rights of the Child and at the superb letter from the Joint Committee on Human Rights by the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who emphasised the points that were made and how they support the actions taken in the Bill.

As hon. Members have mentioned, changing the law is one thing but changing attitudes is another. As with my amendments to the Health and Care Bill about virginity testing and hymenoplasty, I hope making this change to the law will actually drive real cultural changes. We are showing leadership by changing the law in this House, but only by embedding those cultural changes will we see changes not only in this country but across the rest of the world.

This is one of the many measures from Back Benchers that this Government have been supporting. I hope that they will do more on women’s rights, which are often one of those things where battles feel that they may have already been won, but that is definitely not the case. As we have seen with various private Members’ Bills and amendments to other Bills over the past year or two, there is still further to go. I congratulate my hon. Friend the Member for Mid Derbyshire on doing what she has done and thank Members from across the House for their support for her. I hope that we can all continue to push forward on some of these issues, because these battles are still to be won.

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[Dr Evans]

I thank the hon. Gentleman for his kind compliments. I am the tender age of 39, so there is still a bit of time to go there. Time does pass fast for those who need to wait two years, although my wife may have wished the seven years had passed more quickly.

To me, there are three parts to becoming married: the legal aspect; the religious aspect; and the declaration to one’s friends and family. I am not religious, and I had a legal wedding held in a registry office, with a celebration with my friends and family two weeks later. When I went into that legal office, I was struck by the interviews and questions, with me and my partner being separated in order to find out what was going on, how we were stepping into this and what thought process we had gone through. This was done to see whether there was any coercion. That is what brought my attention to this Bill, because it struck me that it is so important to do that. I thought, “If this is happening to adults, what must happen to children at this point?” The fact that the legislation was not there to protect people was a huge concern for me.

So I am so pleased to see this legislation being brought forward, especially with the extension to the age of 18. Other Members have made the point that we are coalescing around the age of 18 for education, tobacco, tattoos, alcohol and indeed voting. So this seems sensible to me, because that is where we are defining the end of childhood and moving on to later life.

[Mr Holden]

In the past year or so, we have also increased the age at which people can buy a lottery ticket to 18. So we are moving in this direction right across the piece, and that recognition of adulthood at 18 is at the core of all my hon. Friend is saying and of the Bill.

[Dr Evans]

I entirely agree with my hon. Friend on that. There is a debate as to whether joining the armed forces should move from 16 to 18 as well, in order to join it all up, from voting to tobacco, alcohol and gambling. Eighteen seems a sensible place to call it, and the House should be able to agree on that.

When I came to look at the Bill, there were concerns about it: would we just drive the practice further underground? How will it actually be tackled? And how will it be enforced? I am so pleased to hear that the provision is being extended to cover anyone who has ever lived in the UK, because that is really important in order to cut out that loophole. I was also pleased to hear my hon. Friend the Member for Mid Derbyshire so eloquently make the point about the importance of education on this in schools. I would go one step further, because, as a GP, I know it is really important that social services and healthcare workers, who will often see people at their most vulnerable and have the opportunity to pick up on these things, are aware that this is still a problem. We may be talking only about 150 or so cases, but that still means 150 or so lives that could in theory be ruined. Medical professionals and social services should be able to pick up on that and to have the training to be able to do so. There is a concern about whether this is a chicken and egg situation, but we have to start somewhere. I am pleased that the legislation will lead into changing the culture that my hon. Friend the Member for North West Durham (Mr Holden) has so honestly talked about.

Having a Minister sat in front of me when it comes to talking about the issue of marriage, it would be remiss of me not to lead on to a couple of further points. Here I wish to draw some parallel with what was said by my hon. Friend the Member for Devizes (Danny Kruger), who talked about the institution of marriage. I entirely agree with him that we should be encouraging more people to get married.

The pandemic put a spotlight on marriage and the way in which we do it—how we relaxed the legislation on where it can happen and what it can look like. That is a really important thing, because the culture around marriage is changing, as we have heard in this debate. Going forward, there is an argument for recognising humanist marriages in our current culture, and I was very grateful that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Corby (Tom Pursglove), replied to a letter I wrote about humanist marriages, to say:

“As I expressed during the recent Westminster Hall debate on humanist marriage in England and Wales, marriage will always be one of our most important institutions, and we have a duty to consider the implications of any changes to the law in this area very carefully.

The Government remains committed to considering the case for more comprehensive and enduring reform to marriage law once the Law Commission has completed its fundamental review of the law in this area. The Law Commission will present options for reforms to modernise marriage law, including how marriage by humanist and other non-religious belief organisations could be incorporated into a revised or new scheme that is simple, fair and consistent for all groups. The Government will carefully consider the Law Commission’s recommendations when the final report is published.”

I wholeheartedly agree with that statement, because there is an opportunity here to address some of the religious and cultural aspects of marriage as one of those three pillars that I mentioned. To me, the fundamental part was the declaration in front of my friends and family. That may well be a religious aspect for other people, but we have a chance to create a framework that incorporates all the good work of my hon. Friend the Member for Mid Derbyshire into a wider set of legislation. I hope the Government are listening, because there is a real opportunity to give people the opportunity to enter into marriage and provide that stability for their family, their children, and of course their community. I wholeheartedly support the Bill.

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[Tom Pursglove]

The hon. Gentleman is one of the most decent and incredibly kind Members of this House. I have to say, however, that I do not think that that is a decision I will have to make, as it is highly likely that the Bill will regularly be referred to as the Pauline Latham Bill and rightly so. All of us in this House are incredibly proud of her for the work she has done in advancing this cause. I think that decision may be taken out of our hands, because that will just be the term by which the legislation will be referred to. We are grateful to her—we really are.

I can confirm that the multi-agency guidance which the Home Office produces on forced marriage will be updated to take account of the changes to the law. That contains chapters for different professions, including the police, teachers and social workers, and we will update all of them to reflect the amendments in the law. I am sure that, as they always do, the College of Policing will update operational guidance for the police in line with the changes to our guidance. While it is not for me to promise changes to the CPS guidance, as the CPS is independent, it will always make necessary changes to its guidance to reflect changes in the law, and I see no reason why it would not do so in this case, too. By way of trying to be constructive, I will undertake to ensure awareness among my ministerial colleagues in different parts of Government, so that the conversations they have with those various agencies in the months ahead touch on this issue, and underline the importance we place on it and the need to get these things right.

[Mr Holden]

One issue we are trying to address today is the cultural issue. Will the Minister commit to at least examining having a proper awareness campaign when the law changes, with a good round of media interviews from Ministers, and reaching out into communities where we know this issue is more prevalent than in others? It is important that we ram home the message from this united House not just that there is a change in the law, but that we are trying to drive a broader cultural change in society.

[Tom Pursglove]

Having been his Whip, I know my hon. Friend is always brimming with ideas about initiatives that the Government can take forward. He makes a rather good suggestion and it is certainly something I am mindful of and want to take away and consider. Throughout the passage of the Bill, we have heard extremely difficult testimony from individuals who have suffered the pain and trauma of these sorts of marriages. They have talked bravely about the impact that that has had on them, their families and their lives. It is important that we help them to share their stories in a way that they are comfortable with, to ensure that we drive awareness of these changes. I am always keen to do media interviews about positive announcements, as he will appreciate, but often hearing directly from survivors of this sort of unacceptable abuse is the most powerful testimony and will be inspirational in generating that greater awareness, ensuring that people know exactly the signs to spot and articulating the measures that we are taking to clamp down on this.

On the Scotland and Northern Ireland plea, I must respect that the devolved Administrations are independent. Indeed, we have taken great care to respect the devolution settlement, hence the amendments made today, ensuring that the law covers only those situations where there is a clear link to England and Wales. We in England and Wales are levelling up, tackling the awful practice of child marriage. I have put on the record in the House, and will repeat now, my wholehearted hope that Scotland and Northern Ireland will follow our lead. Colleagues in Edinburgh and Belfast cannot fail to have heard the unanimous backing for these vital measures in the House. We have all committed to eliminating child marriage by 2030 under the UN sustainable development goals. Setting a strong example at home will also help to tackle the issue globally. Leadership by example is crucial in that regard.

I have no doubt that the passionate campaign that we have seen in Westminster will now focus its energies on Edinburgh and Belfast with great vigour. I hope that Scottish and Northern Irish colleagues in this House, from all parties, will want to take this forward and champion the agenda in the devolved areas. That is important advocacy. They ought to consider taking up that baton to help the campaign in any way they can.

In closing, I reiterate my thanks to my hon. Friend the Member for Mid Derbyshire for introducing this important Bill. I also reiterate, wholeheartedly, the Government’s support for it. It is an enormous privilege to be the victims Minister. One reason for that is that I come across exceptional people who have been through so much and show great courage, despite the trauma, distress, sadness, hurt and upset that they feel. Often, they put others first to ensure that the harm, suffering and distress that they feel does not happen to others. A remarkable group of people have been involved in this work and I wish briefly to pay tribute to and thank them. Naomi, Natasha, Farhana, Sara, Payzee, Charlotte, Lubna and Nana—thank you for the work you have done on this issue. Your advocacy has been extraordinary. I have no doubt that the work that you have done, the courage that you have shown and the effort that you have put in will change the lives of thousands of young people in our country for the better.

I am delighted that we are joined in the House today by the Lathams. I thank Derek, Tracey, Poppy and Harry for your superb support for wife, for mum, for grandma who has done something very special. We are hugely grateful to her and incredibly proud of her, and I know that you will be as well. We just all join in that tribute.

This may not be a long Bill, but the impact is far-reaching, and many lives will be changed for the better because of it. On what is a dark day in our world, this is a chink of light and one that all of us in this House and across the country can welcome. With that, I thank my officials for the work that they have done to bring this forward: the Bill manager, Alice Harrison; Andrew Lewis; Rachel Stark; Nichola Henderson; and Joanna Norris as well as those in my private office, particularly Thomas McDonald, and Minister Maclean’s private office as well. Everybody who has been involved in the Bill can be incredibly proud of it. I wish it a speedy passage through the House of Lords and I commend it to the House.

Marriage and Civil Partnership (Minimum Age) Bill

Richard Holden Excerpts

Report stage
Friday 25th February 2022 Commons Chamber

[Mrs Latham]

I am pleased to speak to these amendments, which I am confident will make the Bill clearer and cleaner, and provide more effective, targeted and proportionate safeguarding. Before I come to the details of the amendments, I remind hon. Members of the purpose of clause 2, to which all five amendments relate.

Clause 2 will create a new part of the forced marriage offence within the Anti-social Behaviour, Crime and Policing Act 2014. Currently, it is only an offence to cause a child to marry if violence, threats or another form of coercion are used, or if the child lacks capacity to consent to marry under the Mental Health Capacity Act 2005. It is not an offence to cause a child to marry if coercion is not used and the child is not covered by that Act. As I set out on Second Reading in November, this is a real loophole. To ensure that all children are protected, the Bill needs to ensure that it is always an offence to cause a child under the age of 18 to enter into a marriage, whatever the methods used.

I propose to start by going through the first three broadly technical amendments, beginning with amendment 3. The existing offence of forced marriage contains a subsidiary offence of deceiving someone into going overseas with the aim of forcing them into marriage there. That is an important addition, because such behaviour is far from uncommon. As it stands, the Bill expressly extends that deception offence to encompass the behaviour entailed in the new offence. However, on reflection, Ministers and I feel that it is not necessary. The new offence that we are adding, of causing a child to marry, refers to

“any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday, whether or not the conduct amounts to violence, threats or another form of coercion.”

That would include deceiving a child into going overseas. That means that the provision in the original Bill is unnecessary duplication, and it makes the law less clear than it could and should be. Amendment 3 would remove the express extension of the deception offence to cover the conduct entailed in the new offence of causing a child to marry. I would like to put beyond doubt, on the record, that that new offence does include deceiving a child, be that into going overseas or otherwise.

To reinforce this, amendment 2 adds specific reference to “deception” as one of the types of conduct that it might encompass, as well as specifying that it does not matter whether or not the conduct was carried out in England and Wales. Finally, and purely consequentially, amendment 1 merely moves the new offence of causing a child to marry from before the deception offence to after it, where it more naturally fits.

Amendments 4 and 5 make substantive changes to the nature of the offence, in such a way, I believe, as to improve the Bill. They relate to the jurisdictional scope of the offence—the scenarios that can lead to prosecution, based on where the parties are, where they live, what their nationalities are, and where the marriage is to take place. Currently, the new offence of causing a child to marry essentially inherits the jurisdictional scope of the existing forced marriage offence. It also required a carve-out provision—clause 2(7) of the original Bill—which removed liability where marriages of 16 and 17-year-olds take place in Scotland or Northern Ireland. Hon. Members will be aware that that was necessary because marriage policy is devolved and the age of marriage is different in those countries.

On reflection with Ministers, that presented two problems. First, those wishing to carry out a child marriage in England or Wales would, in many cases, have been able to get around the offence simply by having the marriage take place in Scotland or Northern Ireland—I refer to that as the “Gretna Green” exception. Secondly, the law as drafted would inadvertently include UK nationals resident in Scotland, and Northern Ireland residents who, perfectly legally under their own law and under the law of another country, wished to marry at 16 or 17 in that third country. That could be seen as a lack of respect for the devolution settlement. It is evidently not appropriate for the law to reach that far, but on the other hand, we would like to close the Gretna Green loophole. I am therefore grateful to Ministers for their help and support in reaching a solution that both respects the devolution settlement and removes that dangerous loophole.

Amendment 5, which is the first part of the solution, removes the current exemption in clause 2(7) for marriages of 16 and 17-year-olds taking place in Scotland and Northern Ireland. That will remove the Gretna Green exception. However, the offence would then cover all UK nationals marrying overseas, which could include those living in or domiciled in Scotland or Northern Ireland, where child marriage is—unfortunately—still legal. Amendment 4 will therefore make the jurisdictional provisions more proportionate and targeted while still ensuring maximum safeguarding. That will provide that a person can be prosecuted in one of three situations.

[Mr Richard Holden (North West Durham) (Con)]

Will my hon. Friend, like me, welcome the fact that Northern Ireland is consulting on raising the minimum age of marriage to 18? Will she join me in expressing a desire that the Scottish Government should reflect on that and do the same?

[Mrs Latham]

My hon. Friend makes an important point. Northern Ireland is consulting, and I think that Scotland is about to do so. That is so important, because, if they do not change, they will not reflect the sustainable development goals that they have signed up to along with us. If they want to abide by those goals, they will have to move forward on that. I look forward to us being one nation all doing the same thing. I thank him for that point.

The first situation is if a marriage is to take place in England or Wales. It can never be right for us to allow the marriage of a child to happen within our borders. The second situation is if the perpetrator or victim is habitually resident—they ordinarily live—in England and Wales. That will ensure that we protect children who live in this country and that those people who live here obey our rules and norms. The final situation is if the child is a UK national who has been habitually resident in England or Wales and who is neither habitually resident nor domiciled in Scotland or Northern Ireland. Domiciled is a slightly different concept from habitual residence: it means the place that someone regards as their permanent home, even if they are actually living somewhere else. So, all UK nationals who have at some point lived in England or Wales, unless they live in or have their permanent home in Scotland or Northern Ireland, will be covered.

One of the effects of those changes is, as I indicated, to show respect for the devolution settlement in a more effective and meaningful way than the Bill does currently. The offence would no longer encompass situations where a parent arranges for their 16 or 17-year-old UK national child who lives in Scotland or Northern Ireland to marry outside the UK, so it would not stop such Scottish or Northern Irish children from exercising the rights under the laws of those countries.

We did consider removing the UK national criteria of the offence in its entirety, but that would mean that, when it came to marriages happening outside England and Wales, we would have had to rely solely on habitual residence, which is a fluid property that can be lost if a person has sufficiently severed their ties with England and Wales. The Girls Not Brides UK coalition, who are experts in this area, were concerned that that could cause perverse behaviour, namely that parents might keep their children overseas before causing them to marry until such time as they lost their habitual residence and, therefore, the protection of the law.

We have therefore kept the UK national criteria, but only for a child who has been habitually resident in England and Wales at some point in their life, to ensure intervention in matters overseas only if there is a reasonable connection to England and Wales. Out of respect for the devolution settlement, the offence would apply only if the child were not at that time habitually resident or domiciled in Scotland or Northern Ireland.

The amendments will create a more rounded and focused regime. As such, I commend them to the House.

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[Mrs Latham]

I thank my right hon. Friend for that, and he is absolutely right. I know that he, too, has been passionate about raising awareness about this issue. If it were not for his now being Health Secretary, I would not be doing this today, because he had the private Member’s Bill, which I never got, and he generously gave it over to me. He did that because he knew that I had been working with the charities represented in the Public Gallery for many years. So I thank him for the help he has given in my being able to do this.

It is undeniable that changing this law and making it unequivocally clear that it will be illegal to arrange any child marriage, whether for a boy or a girl, in England and Wales, irrespective of alleged consent, coercion or persuasion, is a huge step in the right direction, because many children are brought up to believe that this is the norm, but it is not the norm in this country to be married as a child. This legislation will send a huge message out and that is the purpose of the Bill. Let me briefly mention the effect of each of its key provisions. First, the Bill will remove the exception that currently allows 16 and 17-year-olds to get married and to enter into a civil partnership with parental or judicial consent in England and Wales. People who are too young to consent for themselves are too young to be married. Getting married is a huge decision, no matter at what age someone decides to marry. The existing law has been in place for more than 70 years and reflects social values from a different time, one in which a school leaving age was 14 and the average age for marriage was just 23. Many girls like my mother left school at 14 and went to work. In that context, a marriage at 16 was not unreasonable. Of course, there were many shotgun weddings before the age of 18 where a pregnancy was involved, because in the eyes of many being pregnant without being married was a sin. This was before contraception and life is completely different now.

Now, the Government have legislated to ensure that all children must be in education or training until 18, providing greater opportunities for academic and professional development for all children. Furthermore, the average age for marriage is now over 30. There are substantially fewer than 200 children utilising this exception every year, which is evidence that as a society we are moving away from this practice. So there is a real need to remove that exception. When I have tried to bring this before the House previously, I have been told by previous Ministers, not the excellent Ministers we have in place today, that it was not relevant, because there were so few cases and it did not really matter.

[Mr Holden]

My hon. Friend says that it is the children using this exemption, but in Committee, where I supported her, she made the point powerfully that it is not children using the exemption, but their family members, who are seeking to pressurise them into marriage. That entirely shows the point of this piece of legislation.

[Mrs Latham]

My hon. Friend is right: this is about coercion, persuasion and accepting that this is the norm in a family. It is not the norm, and should not be, in this country. If a child is unable to sign that piece of paper to say that they are getting married, they are too young to have somebody else do it for them, and to persuade them and make them get married at that stage. So this Bill is very, very important. The impact on those children who wish to take advantage of the exception will be minimal. They will only have to wait a maximum of two years to marry; if they are 16 and a half, it will be only 18 months. So we are talking about only a very short time, although I do accept that when someone is 16, two years seems a very long time—in reality, as all know in this Chamber, that is not true. The impact on victims of child marriage around the world of England and Wales setting its legal aid of marriage unambiguously at 18 will be enormous.



The second key provision will make it a crime to organise any unregistered marriage involving a child in England and Wales. This is a huge part of the problem we are trying to solve. As I set out on Second Reading, the cases of child marriage in the UK that cause the most concern often do not show up in the statistics. Of the cases involving potential child marriage reported to the Home Office-commissioned national honour- based abuse helpline, delivered by Karma Nirvana—representatives of which are in the Gallery today—in the year to September 2021, only four related to civil marriages. There are almost 20 times as many cases that involve only a religious ceremony—more than 95% of all cases—and those are the people who go to Karma Nirvana for help, so Members can imagine how many do not do that and are persuaded to be married.

We know from the experiences of Payzee—who is also in the Gallery—among many others that the religious ceremony is the most important part of the marriage in the eyes of the family and the community of the child. They do not need the registered part: they are not interested in that. It is the unregistered part that makes the difference for them, and currently, there is no age limit on an unregistered marriage. The only requirement is that it is not forced, and we know that under the current law, proving a forced marriage where it involves children is extremely difficult. The Girls Not Brides UK coalition, which has done so much in the campaign to end child marriage, has been involved in shocking cases where the child being married was under 10 years old.

Therefore, my second key provision updates forced marriage legislation to create a new offence of arranging the marriage of a child. This offence will be triggered by any conduct that causes a child under 18 to enter into such a marriage, whether civil or religious. Crucially, unlike with forced marriage, there is no need to prove coercion or control. This takes the onus away from the child to show that their marriage was forced, and will make prosecutions easier and the deterrent that much stronger. I should make it absolutely clear that this criminal offence is not about criminalising the child. The child is the victim in every single case; the criminals are the adults who organised these marriages.

A key provision that I would like to highlight is the provision of extraterritoriality. The Girls Not Brides UK coalition, as well as the Government’s forced marriage unit, have seen plenty of evidence to suggest that very often children who live in the United Kingdom are being taken abroad, often to a country where extended family live, in order to be married. Sometimes, they are taken abroad for just a few weeks, but sometimes they are taken abroad for many months or years—as in the case of Farhana, who is also in the Gallery today. It is crucial that the offence captures that conduct, because it is just as damaging to the future prospects and life chances of the victims as a marriage that takes place in the United Kingdom. If a child is out of education for months or even years, they will find it much harder to enter the workplace and become economically productive, if they ever do so.

I have been working very hard with the Government since the Committee stage to ensure that the Bill is comprehensive and covers as many situations as possible. My thanks go to the Ministers and the teams of officials who have worked so hard to get it right, resulting in the amendments on Report. I did not want to come back next year or the year after with more amendments; I wanted the Bill to be right from the start, because loopholes need to be closed. Therefore, I am delighted that this Bill will cover not just marriages taking place in England and Wales, but marriages anywhere in the world involving a child or a person who lives in England or Wales, as well as those involving UK national children who have at any point lived in England or Wales. That offers a huge amount of protection to all children growing up in this country, and removes any incentive for parents to leave the UK in order to avoid our marriage law.

Having considered the Bill’s key provisions, I shall briefly reflect on its importance. Primarily, the Bill is important because it will offer protection from marriage to every single child who grows up in England and Wales, forever. At a stroke, it will stop both registered and unregistered marriages under the age of 18 and ensure that this protection cannot be avoided simply by someone temporarily leaving the country. I often talk about safeguarding futures, because that is what we are doing: safeguarding children’s futures so that they can have decent lives.

Child marriage is so harmful to the future prospects of the victims and almost always results in their leaving education, thereby reducing their career prospects and overall life chances. Before I came to this place, my political background was in education, which I firmly believe is the most powerful tool we have to create opportunities for young people. It is an enormous disadvantage if young people are deprived of education—an education that we in this House have determined to provide up until the age of 18—because of child marriage.

It is not an understatement to say that the Bill will protect and affect the lives of literally millions of young boys and girls in this country. It will protect them from child marriage and enable them to have the best chance in life, because they will be able to continue in education until the age of 18. It will also strengthen their ability to say to their parents, “I want to go to university” or get an apprenticeship or a job. It will be much easier, because at 16 a young person is totally dependent on their parents and cannot live independently.

The legislation’s implications will be felt not just in the UK. The UK is committed to achieving the UN’s sustainable development goals, target 5.3 of which is to

“eliminate all harmful practices, such as child, early and forced marriage and female genital mutilations”

before 2030. This applies specifically both to religious and to non-religious child marriages. The UN Committee on the Rights of the Child recommends that there should be no legal way for anyone to marry under the age of 18. The Bill will therefore also help the UK to set an example to the rest of the world by prioritising children’s futures. The UK will finally be in a position to take a lead on child marriage around the world and on championing children’s futures. To be able to persuade other countries of the importance of banning child marriage, we must first ban it ourselves. When we have said to countries, “You need to raise the age of marriage,” they have come back to us and said, “Why should we? You don’t—you allow children to marry.”

I have set out the main provisions of my Bill and the enormous impact it will have on children in this country and around the world. Before I conclude, I wish to make an appeal to the Government. I thank the Minister, my hon. Friend the hon. Member for Corby, and his colleague, my hon. Friend the Member for Redditch, who has also worked closely with us on the Bill, for their patience and shared determination that the Bill should be as comprehensive and effective as possible. I am sure, though, that it will come as no surprise to the Minister that I have three final asks of the Government.

First, I impress on the Minister the importance of the Bill’s swift commencement. Clause 7 confirms that the Bill will come into force on the day appointed by the Secretary of State. However, every day before commencement is another day on which child marriage remains possible in this country. Will the Minister please do everything in his power to arrange for commencement to take place as swiftly as possible? In particular, will the Minister give his view on whether, should the Bill make good progress through the other place and pass into law, a commencement before the summer holidays is possible? So many children are taken abroad in the summer and I fear we will be failing in our duties in this place if we do not offer them the protection this summer that we in this House believe is necessary.

Secondly, as I mentioned at the start of my speech, changing the law is only one part of the solution. Changing attitudes and societal norms is the second stage, and I have already raised that with the Department for Education. Will the Minister please confirm that he will work closely with the Department to ensure that both children and teachers are informed about the change in the law in advance of the summer holidays, so that children who are at risk can be spotted? Not only schools will need updated guidance. Will the Minister also please confirm that updated guidance for the police and for the Crown Prosecution Service will be swiftly produced to help in the investigation and prosecution of crimes under this legislation?

Finally, but no less importantly, I would like to note one final point, which is one I regret. Unfortunately, due to marriage policy being devolved, the protections in this Bill extend only to children in England and Wales, or to children with a specific connection to England and Wales. At the moment, the Scottish Government and the Northern Ireland Executive do not have equivalent legislation, so children there will not be safeguarded. They also prevent the UK from completing its international obligations to end child marriage.

However, there are signs of change. The Northern Ireland Executive have launched a consultation on changing their marriage laws, and I hope that the Scottish Government will do the same. Will the Minister join me in a determined lobbying campaign to ensure that our colleagues in the devolved Administrations do the right thing and ban child marriage in their jurisdictions, too? I would be absolutely delighted if, in two years’ time, we were once again debating child marriage in this House to celebrate Scotland and Northern Ireland implementing similar pieces of legislation, so that all UK children would be covered and we would then be able to take out those provisions in this Bill.

In conclusion, I urge all hon. and right hon. Members to support my Bill. It will safeguard young people by establishing 18 as the legal age of marriage in this country, with no exceptions, giving a clear message to all that child marriage is totally unacceptable. Secondly, it criminalises anyone who causes a child to enter a marriage, offering protection from child marriage to all children growing up in England and Wales—a protection that applies both in this country and around the world.

Finally, the Bill helps the UK on its way to living up to its international obligations by banning child marriage in all its forms, and encourages the Scottish Government and the Northern Ireland Executive to follow suit. The Bill has the potential to impact millions of young people, and to prevent untold numbers entering into miserable child marriages. For the sake of children growing up now and yet to come, I commend the Bill to the House.

Registers of Births and Deaths Bill

Richard Holden Excerpts

2nd reading
Friday 26th November 2021 Commons Chamber

[Saqib Bhatti (Meriden) (Con)]

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

Every day that I am a parliamentarian is a day of great pride and privilege, but that is particularly the case today. I pay tribute to the hon. Members who have already introduced Bills, which were equally important. In particular, I pay tribute to my right hon. Friend the Member for North Somerset (Dr Fox) for his Down Syndrome Bill, which shows what can be achieved when we have cross-party support but also passionate Members of Parliament trying to achieve something good. I pay tribute to the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) for two reasons: she introduced an important Bill, but she also ensured that my Bill is not the most technical Bill presented to the House today.

It is a great privilege to speak to this Bill, because I believe it will make a tangible difference to the way we deal with two absolutes in life—births and deaths. The Bill is about modernising the administration of those essential moments in life, by making them more efficient and easier to manage for local authorities and for the public at large, while making cost savings in the process. The Bill reforms the way in which births and deaths are registered in England and Wales, paving the way for a move away from a paper-based system of registration to an electronic system.

Eagle-eyed Members, of whom there are many, will note that this is not the first time that the Bill has been presented to the House. My right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) promoted the Bill in the last Session, and I thank him for his tireless work on this matter. I also thank the Minister for meeting me in the lead-up to the debate and for committing himself to modernising our registration systems so that they are fit for purpose in the 21st century. I am particularly grateful to his team for their support—namely Linda Edwards, who has been extremely helpful in drafting and addressing the issues present in the Bill. It would be remiss of me not to thank my own team—namely Ali Fazel and Ben Rayment—for their support in bringing the Bill to the House.

As in so many cases, covid-19 has had a significant impact on the delivery of registration services across England and Wales, and it has highlighted the need to offer more flexibility in how births and deaths are registered. I believe that the Bill goes a long way in improving the way we process both those pivotal moments in our lives.

Just a few months ago, I became a new father. The birth of my son was one of the happiest, most joyous experiences of my life. When it came to the registration, my wife and I decided to go together with the baby to the registration office. As I am sure Members are fully aware, childbirth and those early weeks are an exhausting experience, and the 20-mile round trip with the baby, when he started crying, felt more like 200 miles. Despite the excellent and kind staff at the registration office, I found the whole process cumbersome. On the way back, I found myself asking one question: surely there is a better way to do things? Of course, I was thinking of the registration process, not parenthood. That question is why I stand in the Chamber today.

For the purpose of clarity, I will run through the existing system and then the changes that the Bill would introduce. Currently, an appropriate informant is required to register all births and deaths that occur in England and Wales with the registrar for the sub-district in which the birth or death occurs. In the case of the birth, the appropriate informant can be the mother of the child or the father—as I recently found on my journey to the registrar’s office.

When they register a birth or death, the registrar will record all the information on an electronic system. Once the registration is complete, the system will generate a paper register page, which is required to be signed by the registrar and by the informant in the presence of the registrar. That paper record is then put into a register that the registrar keeps in a safe, and it is the formal record of the event from which all certificates are then issued.

[Mr Richard Holden (North West Durham) (Con)]

Many parents love the birth certificate they get for their child. Will my hon. Friend reassure me by clarifying that he proposes to do away with not that but just the duplication of the record?

[Saqib Bhatti]

My hon. Friend makes an important point. I can confirm that those certificates—of which I have three, by the way—will not be changed. They are an important thing that parents or, indeed, any informant, whether for a birth or death, treasure and keep safe. The Bill deals only with the administration and the process behind it.

The information is currently held in two places: in the electronic system and in paper form. In other words, as my hon. Friend just reiterated, two systems are running in parallel and creating unnecessary duplication. The changes proposed in clause 1 would remove that duplication of processes by amending the Births and Deaths Registration Act 1953—which implemented a system that had been in place since 1836—to remove the requirement for paper birth and death registers. Under my Bill, registrars would continue, as now, to register all births and deaths in the electronic register, which is a much more efficient and secure system for maintaining records of births and deaths. The electronic system is already in place, has been running in parallel since 2009 and is used on a daily basis. It is important to note, then, that we are not building new infrastructure but simply streamlining what we currently have.

I am sure that Members from all parties, but especially my fiscally-conservative colleagues on the Government Benches, will be pleased to hear that the removal of the need for paper registers and the ending of the requirement to make quarterly returns, to which I shall come in a moment, will save the taxpayer £20 million over the next 10 years. That figure is conservative, though, and the estimated savings to the taxpayer as a result of all the Bill’s measures amount to £170 million.

I have already spoken of the impact of covid-19 on births and deaths registration services. The Coronavirus Act 2020 allowed for an easing of the restrictions on the deaths registration process imposed by existing legislation, enabling the registering of deaths by telephone; however, the Act’s life is time-limited by a sunset clause that takes effect in March 2022. The industry hugely welcomed the remote registration of deaths. In the lead-up to this debate, I met the National Association of Funeral Directors in the Borough of Solihull, just outside the border of my constituency. The association informed me of the efficiency and ease of the registration of deaths via phone. The process was highly successful and showed that it could be done, and done well.

[Mr Holden]

It is interesting that my hon. Friend mentioned the financial savings for the taxpayer and the new system of registration by phone or electronically. Are there also environmental benefits from not printing on tens of thousands of pieces of paper every year? Has my hon. Friend made any assessment of that, or might we consider it at a later stage?

[Saqib Bhatti]

My hon. Friend makes a good point and I would certainly welcome our looking into that at a later stage. It makes sense that the Bill could bring some environmental benefits.

English Channel Small Boats Incident

Richard Holden Excerpts

Thursday 25th November 2021 Commons Chamber

[Priti Patel]

I would like to put on record my thanks to the London Borough of Hillingdon and to many other local authorities across the country, although they are predominantly in London. London is feeling the pressure in terms of accommodation, hotels and housing. My hon. Friend is right in his suggestions for solutions and working together. This is exactly why we are looking to reform the system through the Nationality and Borders Bill. We have to have that differentiation.

[Mr Richard Holden (North West Durham) (Con)]

Lives are tragically being lost in the channel, and the British people want the gangs to be smashed, the crossings to be stopped and people to be processed in the nearest country. Again and again, the Opposition have voted against our measures in the Nationality and Borders Bill to cut down on human trafficking via small boats, and the shadow Home Secretary has called our proposals “unconscionable”. In my area, the local Labour party and the Lib Dems—none of whom I see here today—are even campaigning against an immigration removal centre for foreign criminals and failed asylum seekers. Does the Home Secretary agree that Labour’s failure to support the necessary legislation shows that, when the chips are down, they are not only failing to understand the views of the British people but, tragically, failing to protect those being exploited by criminal gangs whose callous and criminal behaviour means that people are being left to die in the channel?

[Priti Patel]

My hon. Friend makes some important points. We have removal centres for very good and strong reasons. They are for people with no legal right to remain in our country, and we have to put them in the removal centres as part of the process to move them on. The fundamental point here is the reforms that we are trying to bring in, which are being thwarted by the Opposition. By preventing these changes and reforms, they are playing into the hands of the people smugglers and those who are being put into the hands of the traffickers.

Channel Crossings in Small Boats

Richard Holden Excerpts

Monday 22nd November 2021 Commons Chamber

[Mr Richard Holden (North West Durham) (Con)]

In 2019 my constituents rejected Labour’s open door immigration policy. Since then we have been getting on with delivering our new Australian-style points- based immigration system in the teeth of opposition from the Labour party. Will the Home Secretary listen to my constituents in Consett, Crook and across North West Durham, rather than to the Labour party, and agree that we must now adopt an Australian approach to stopping the small boats in the channel? Offshore processing, turning them back—whatever it takes to secure our borders and stop the awful human traffickers.

[Priti Patel]

My hon. Friend is absolutely right. He speaks with passion and conviction on this issue for a very good reason, which of course is that the British public are sick to death of this. They are absolutely, heartily sick of what they are seeing, and that speaks to many of the abuses that take place in our asylum system and the fact that the system is broken. Yes, processing takes too long, and yes, we have had the pandemic; there is a range of reasons why this is the case, but we want to address it and fix it and tackle it long term. There are no simple solutions, which is why the legislation is so important.

Strategy for Tackling Violence Against Women and Girls

Richard Holden Excerpts

Wednesday 21st July 2021 Commons Chamber

[Victoria Atkins]

The right hon. Lady is right to highlight the issue of escalating behaviours. On waiting 10 years, this is the beginning of the journey. If one reads the strategy—I appreciate it only came out today—I hope one will see the immediate-term, medium-term and long-term aspirations. As Chair of the Home Affairs Committee, she will know better than anyone that some of the education work and cultural attitudes work will take time.

We cannot pretend that attitudes will change in a matter of months, but we have immediate-term work. The public communications campaign will be launched later this year. We will begin the appointment process for the national policing lead as soon as possible. The online tool pilot is being launched next month. The what works fund is being set up, and it is an interesting fund because I am trying to mirror the excellent work of the youth endowment fund in tackling serious violence. We want to do the same for violence against women and girls and build the evidence base.

I accept the right hon. Lady’s point that we cannot wait 10 years, but there is a lot of work before that 10-year period ends. I very much want colleagues on both sides of the House to see this as the beginning of the journey.

[Mr Richard Holden (North West Durham) (Con)]

I welcome my hon. Friend’s statement on the strategy for tackling violence against women and girls, and I welcome her personal commitment. I am grateful to her and her ministerial colleagues and officials for meeting me to discuss the new clauses I will address. She is no doubt aware of the campaigners from Karma Nirvana, IKWRO, the Middle Eastern Women and Society Organisation and others who worked with me on my proposed new clauses 1 and 2 of the Health and Care Bill to end so-called virginity testing and hymenoplasty. They, like me, will welcome her statement that we will criminalise virginity testing. We must also look to tackle hymenoplasty, and do it now. Will the Minister examine new clauses 1 and 2 and meet me and colleagues to discuss them again and ensure that further progress can be made in this Session?

[Victoria Atkins]

Yes. I thank my hon. Friend, who has been a diligent campaigner on these issues. I remember meeting him some months ago on precisely these issues and he has dealt with them, if I may say so, in a sensitive and appropriate way, understanding just how delicate some of them are. In terms of virginity testing, I am really pleased that he welcomes that. We will work together, I am sure, with my counterpart in the Department of Health and Social Care to find the appropriate legislative vehicle. On hymenoplasty, we have already spoken to clinicians about that process. Whereas virginity testing has no medical validation, I am told by clinicians that there are circumstances where it is not quite as clearcut—if I can put it that way—as virginity testing, so we have very much undertaken to examine that in great detail with clinicians and the royal colleges to ensure that in relation to that particular practice we arrive at the right result that is medically sound.

Nationality and Borders Bill

Richard Holden Excerpts

2nd reading
Tuesday 20th July 2021 Commons Chamber

[Mr Richard Holden (North West Durham) (Con)]

It is great to see you in your new place today, Madam Deputy Speaker.

I am not against immigration at all. In fact, I have signed the forms for many friends who have decided to make the UK their permanent home after entering it legally and working here for many years. People who want to come to the UK and work legally can do so under the Bill, and I think that that is exactly the position that my constituents want to see. They want to see those people entering the UK legally, along with others who, in desperate straits, are fleeing persecution from abroad. Britain has welcomed such people for centuries.

The UK Government has proudly welcomed many tens of thousands of people—25,000 under the resettlement scheme—who were fleeing persecution: not those who were able to travel halfway across the world, not those who were prepared to pay illegal traffickers, but people in genuine need, coming from refugee camps that were at the heart of the worst action in recent wars. My constituents are proud to have taken those people in. Several asylum seeker families have settled in my constituency recently, and I look forward to their playing a real part in our local community, as others have done before them. However, my constituents are fed up—

[Craig Williams (Montgomeryshire) (Con)]

My hon. Friend is making an excellent point. Will he also reflect on the fact that 25,000 is more than any other European country has taken in? We should be very proud of what we are doing, and should reinforce the legal routes into this country.

[Mr Holden]

I could not agree more. What I keep noticing today is that Opposition Members seem to be pushing the illegal routes more than the legal routes. We have legal routes into this country, and people can take them. I cannot understand why anyone who actually had the interests of people fleeing persecution at heart would promote people travelling in the backs of lorries or fleeing in boats across the channel, sometimes across the Mediterranean sea to get to France or Italy, and then having to travel all the way here. It is deeply irresponsible of Opposition Members to constantly try to promote these routes and to paint Conservative Members as though they are not trying to act in the best interests of those across the world who are facing incredibly difficult circumstances.

Although my constituents are happy to welcome economic migrants who come through the legal channels and want to play their part in our country, especially those who want to settle and permanently make the UK their home, they are fed up of seeing illegal migrants from across the world taking whatever opportunity they can. They are particularly fed up of seeing people being used and abused by illegal gangs, and being forced into this country. That is what really grinds their gears, and I cannot understand why Opposition Members cannot understand my constituents.

My constituency voted Labour ever since its creation. This was an issue that came up time after time on the doorstep, not only at the last general election but at the previous election. The Labour party has totally lost touch with the reality of the communities it has traditionally represented.

[Angela Crawley]

The hon. Member makes a number of points that suggest the view of his constituents is the view of all constituents, and it is simply not the case. In Glasgow, on Kenmure Street, we saw people protect individuals from being deported by the Home Office, and in many instances the message has been loud and clear that we welcome refugees in Glasgow. The message the hon. Member sends is not only toxic; it is not representative of all constituents across the UK.

[Mr Holden]

My constituents are very happy to welcome genuine refugees to the UK. We are taking them now, unlike many constituencies in Scotland where they are not taking asylum seekers, as was pointed out by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Croydon South (Chris Philp). It is quite astonishing really.

My constituents are very happy to take genuine refugees, but they do not want to see an open-door policy, where anybody can just come into the UK and we cannot remove them if they have come here illegally, overstayed their visa or committed a criminal act while they are here, when they should be deported.

If Opposition Members are really interested in ensuring better and safer legal routes for migration, I cannot understand why they are not arguing for that. Why are they not arguing for safer routes? Why are they instead arguing that we should just allow the boats to continue? It seems crazy to me. Totally mad.

As I was saying, people are fed up of seeing people coming to the UK and being used and abused by illegal gangs. They are fed up of seeing them come here illegally. They are also fed up of seeing some lawyers—some lawyers—milking the system. I remember Opposition Members, when I was a special adviser in the Ministry of Defence, defending Phil Shiner, who was saying that British soldiers out in Iraq were doing all the wrong sorts of things. Spurious allegations were sprayed across honourable members of our armed forces. Today we are seeing exactly the same sorts of lawyers doing exactly the same sorts of things to our immigration and asylum system.

[Joanna Cherry]

Will the hon. Gentleman give way?

[Mr Holden]

No, I am not giving way to the hon. and learned Lady. I have already given way twice.

Far too often we see made-up claims. And then, time after time, they come back with different claims put in different ways. “I was this age at that time, and now I’m a different age. I was claiming under those conditions, and now I’m claiming under these conditions.” It is absolutely mad.

I can understand why Opposition Members, who supported people like Phil Shiner in the past, are now defending exactly the same system today. It is absolutely crazy, and it was at the time. I am glad the Government have moved on from those systems under Phil Shiner and we are going to tackle some of the same issues today.

There are three key elements that are particularly great to see the Government tackling. One is boat interceptions. It is interesting to see that we are learning from international examples. We are learning from the Australian system, where they have had terrible issues over the years with people coming. They do not have people arriving by boat in Australia any more, because they have dealt with the system.

We are also looking at the offshore processing of claims, and it is similar to the Australian system. They do not have the same problems that we do today. They do not see people dying in their channel any more—the channel between Australia and Indonesia and Papua New Guinea.

Opposition Members seem to think that this is a price worth paying. I do not think it is. The Government, more than any other Government in Europe, are doing the right thing in supporting legal routes from refugee camps. That is exactly what we need to see here.

Let me turn to immigration offences and enforcement. People are also fed up of seeing those who have come to the UK and been deported coming back again, and it is right that we are enhancing the sentences for such people—not only when they are initially deported, but if they come back again, when the sentences need to be tougher still. How can Opposition Members not support those sensible provisions on illegal migrants who have been deported? Surely constituents, whether they are in Consett or in Glasgow, support those sensible measures. They want a sensible immigration system whereby people come to the UK based not on their ability to get here, but on their need. That is what Conservative Members put forward every time—the need of the people in the refugee camps, not the need of the young men who can just make their way here.

The Bill, in the broader sense, also tackles modern slavery. That is a great step in the right direction on what is a real issue in parts of the country. I remember speaking to some long-standing police officers in my constituency who had dealt historically with cases of trafficked women and the horror that they went through. Often, those people disappeared into the system after being smuggled here illegally, so the Bill is taking a sensible step.

We are including a sensible framework to determine the age of people coming over to this country. We cannot have a system whereby someone can destroy the documentation that proves their age but is then able to claim to be whatever age they wish.

We are also including a good-faith provision. People should act in good faith with the Government when they are determining an application. How can the Opposition oppose good faith? It seems like a really sensible thing to me.

I am delighted to support the Bill on Second Reading. It will deliver exactly what my constituents want—a fair, balanced immigration system.

[Madam Deputy Speaker (Judith Cummins)]

I call Richard Burgon.

--- Later in debate ---

[Kenny MacAskill]

I fully agree, and I am grateful to the hon. Member for his eloquent contribution.

Opposing the Bill is about seeking to protect values, as has been mentioned, as well as opposing actions that, in terms of where people are to be placed and how they are to be treated, I believe are fundamentally wrong. On each of them, I believe that there are clear failures. Foreign venues seem to be mentioned and trumpeted. What we have seen in Australia with the use of Nauru was frankly shameful. Indeed, Australia appears to be backtracking from that because of the failures that have occurred there.

There seems to be little planning and few suggestions. I have recently asked parliamentary questions about what jurisdiction would apply and who would be in charge. We do not know. We are just told to believe that the 1951 convention will be adhered to and all will be well. In Scotland, we would say that all will be hunky-dory. No, it will not. What the Government are seeking to do is to move people to a place away from visibility, where they will be treated appallingly. It has been dreadful in Australia, and it would be shameful if this country were to replicate it.

[Mr Holden]

I do not think that is what the UK Government are proposing at all. The hon. Gentleman opposes offshore detention centres. The Opposition often oppose onshore detention centres. Where does he think that people who have no proven status, some of whom need to be deported, should be kept?

[Kenny MacAskill]

If people have to be detained we have measures for detaining them, but in the main we do not have to detain people. I will again digress, with a story not from my period as Justice Secretary, but from when I was a defence agent. I once represented a young woman who had been detained as an asylum seeker. The crime was working in a restaurant in Orkney. She was detained in Her Majesty’s Prison Aberdeen. There was no Chinese translator. It was an overwhelmingly male prison. She was frightened witless. Those of us who know Orkney will know that someone cannot get off the island without boarding either a ferry or a plane. There was no way for her to escape, and to lock her up when she was no danger was frankly shameful. That was more than 25 years ago and things, sadly, are much worse now.

I always remember an old friend of mine, who was a prison governor and indeed a penologist, saying that if we want to look at who the most vulnerable and weakest members of a society are, we have only to look at who is in prison. In America, it is the black population. In Britain, it is the ethnic minorities. In Australia, it is the aborigines. In Scotland, it is the poor. Equally, we can take the corollary to that in this case, and ask who is coming and from what lands.

Racist Abuse on Social Media

Richard Holden Excerpts

Wednesday 14th July 2021 Commons Chamber

[Victoria Atkins]

I have not seen that report, but my memory of Raheem Sterling is the story he told of growing up in the shadow of the Wembley arch and imagining himself playing under that arch—instead of being outside the stadium, being inside the stadium. Of course, he has done exactly that.

That shows that in this country there is the opportunity and the chance, if you have the talents of Mr Sterling and others, to succeed. I very much hope that is the message that comes out of our debate both this afternoon and more generally in relation to the horrendous hate crimes we saw over the weekend.

[Mr Richard Holden (North West Durham) (Con)]

Does the Minister agree that this should be a matter where both sides of the House and all parties come together to ensure we put an end to racist abuse once and for all? Will she highlight how, through the online safety Bill, this will actually happen?

[Victoria Atkins]

My hon. Friend is absolutely right. By working together, we are so much stronger. Today we have seen that there is great unity of intent and will across the House to ensure that those who express racist views are held to account and brought to justice, and that each part of society plays its part, including online companies.