Draft Immigration (Age Assessments) Regulations 2023

Debate between Robert Jenrick and Kevin Foster
Monday 20th November 2023

(1 year ago)

General Committees
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Robert Jenrick Portrait Robert Jenrick
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We do believe that this change will make a material difference; otherwise, we would not proceed with it. We have taken a great deal of time since the passing of the Nationality and Borders Act 2022 to refine this policy. We took advice from the specialist Age Estimation Science Advisory Committee as to how best to proceed and whether this policy would make a material difference, and we have concluded that it would.

The evidence from the scientific age assessment will be only one element of the ultimate decision. The decision will be made by a social worker. If that social worker believes, despite the scientific age-assessment evidence, that an individual is a minor, it will ultimately be up to them to make the final decision. If there were a risk of a perverse outcome, it would be up to them to use their professional judgment to determine whether the person was actually a minor and not make a mistake.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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Does the Minister agree that the fact that the vast majority of European countries use some form of scientific age assessment speaks volumes for how it can assist in decision making? It will also allow us an opportunity to get empirical evidence when looking to prove whether someone who claims to be an adult is actually a much younger child. If we get this process right, it will remove the extreme cases that are cited regularly in the media.

Robert Jenrick Portrait Robert Jenrick
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My hon. Friend speaks with great experience and is absolutely right: this change will improve the overall evidential standard of decisions, and will be particularly useful to weed out the obviously egregious instances that we all see represented in the media, which in my role I see all too often.

Illegal Migration

Debate between Robert Jenrick and Kevin Foster
Tuesday 24th October 2023

(1 year, 1 month ago)

Commons Chamber
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Robert Jenrick Portrait Robert Jenrick
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It will be an interesting conversation with the leader of Glasgow City Council, because as I recall the council does not want to take any more of our refugees. It put out a statement saying it would not use a barge, even though Glasgow had itself used a barge for Ukrainian refugees. I do not know why a Ukrainian is different from an Afghan or a Syrian; perhaps the hon. Gentleman should explain those double standards.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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Having stood at that Dispatch Box myself discussing this sort of subject, I imagine my right hon. Friend is much happier to come to the House with today’s statement than with some of the things we sometimes end up having to discuss. I must have missed all those Opposition demands to remove more people and take a tougher stance.

I welcome the message regarding the Esplanade in Paignton and my right hon. Friend’s confirmation this morning. It is appreciated. Can he assure me that we will pursue measures such as Greek-style accommodation centres and ensure an adequate supply of dispersed accommodation, fairly distributed across the United Kingdom—including the 31 of 32 areas of Scotland that used to refuse it—so that we do not have to resort to hotels again in the future?

Robert Jenrick Portrait Robert Jenrick
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My hon. Friend is absolutely right that we need a fair and equitable system. That is why he contributed to the creation of the national dispersal model, which we continue to pursue. We have now created the first large sites: we have stood up our site at Wethersfield in Essex and we are proceeding to stand up the site in Lincolnshire, as well as the barge in Portland. Why are we doing that? It is because we do not want the UK to be considered a soft touch. It is not right that someone who might have been sleeping in a camp in France comes across in a small boat and finds himself in a Holiday Inn in Oxford. That makes the UK a laughing stock. We had to change that, which is why we have put in place those larger sites. They are more appropriate, they save the taxpayer money, and they send a signal about the strength of the UK’s resolve to tackling this issue.

Student Visas

Debate between Robert Jenrick and Kevin Foster
Wednesday 24th May 2023

(1 year, 6 months ago)

Commons Chamber
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Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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It is obviously right, when we see emerging trends in the immigration system that cause concern, that action is taken. When discussing net migration, we need to be clear about the factors that contribute to it. For example, British citizens returning to the UK and potentially bringing children with them also count towards the net migration statistics, but that is clearly not related to immigration policy.

On the wider system and the rationale behind this move, I suspect the Minister may have wanted to announce something slightly more comprehensive, rather than just to focus on student dependants. Does he agree that we should make sure the immigration system has the appropriate impact on the labour market and look more widely at things such as the salary thresholds throughout the system, as well as making the change that has been announced today?

Robert Jenrick Portrait Robert Jenrick
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I do think the package of measures that we have announced will make a tangible difference to net migration. Taken together with the easing of exceptional factors, such as Hong Kong BNO individuals coming to the UK over the next year or two, there is good reason to believe that net migration will fall and that we will be better placed to meet our important manifesto commitment.

However, my hon. Friend is right to say that it is critical that we do so, that we should consider further measures and that we have to think carefully about how migration interacts with the British labour market. It is quite wrong to perpetuate an economic model that is overly reliant on foreign labour, with people coming here and taking jobs from British workers, and not to tackle the core issue, which is the number of economically inactive people in our country.

Illegal Migration Update

Debate between Robert Jenrick and Kevin Foster
Wednesday 29th March 2023

(1 year, 8 months ago)

Commons Chamber
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Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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I can understand the Minister’s trepidation coming to the Dispatch Box for today’s statement, having had to make similar statements myself over the years, but he is outlining the right approach today. We can see comparisons, particularly on continental Europe and particularly in Greece, where large-scale accommodation centres have been used as part of a transformation of the asylum system, providing humane and decent accommodation while assisting the process of making decisions. To deal with some of the issues that we have had thrown at us, first, I assume that he will view this accommodation as part of national infrastructure and therefore take it through that planning process. Secondly, I assume that this is all, as he has touched on already, non-detained accommodation. Finally, what sort of timeline is he looking at to get some of these centres up and running, because people will only see this approach making a difference when they see hotels closing down in their local area?

Robert Jenrick Portrait Robert Jenrick
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My hon. Friend and predecessor knows how difficult these decisions can be. Like him, I did not come into politics to deal with clandestine entry or organised immigration crime, but I did come into politics to provide security and stability to the public and to put the interests of my constituents above those of anyone else. That is why we are taking these decisions in the national interest. We will ensure that these sites are non-detained and legally compliant. They will be provided at pace. We will make use of the planning powers that the Government have at our disposal. I am confident that we will be able to get individuals on these sites in the coming weeks.

Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023

Debate between Robert Jenrick and Kevin Foster
Wednesday 1st March 2023

(1 year, 8 months ago)

General Committees
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Robert Jenrick Portrait The Minister for Immigration (Robert Jenrick)
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I beg to move,

That the Committee has considered the draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023.

It is a pleasure, as always, to serve under your chairmanship, Sir Robert. The instrument was laid before Parliament on 2 February. It deals with two important issues. First, I will touch on the deprivation provisions. Maintaining our national security and keeping the public safe are of paramount importance to the Government, and that is why deprivation of citizenship when it is conducive to the public good is deployed for those who pose a threat to the UK or whose conduct involves very high harm.

The power to deprive an individual of their British citizenship has existed in law for over a century, since the British Nationality and Status of Aliens Act 1914; it is currently found in section 40 of the British Nationality Act 1981. When passing deprivation measures in the Nationality and Borders Act 2022, the House agreed that in cases when the Secretary of State intends to make a deprivation order without prior notification, on the grounds that it is conducive to the public good, an application must be made to the Special Immigration Appeals Commission, which will consider the Secretary of State’s reasons not to give notice.

To implement that process, we first made amendments to the Special Immigration Appeals Commission Act 1997 in November last year. Those amendments gave the Lord Chancellor the power to amend procedure rules in relation to those applications. Using that power, we now intend to make the necessary amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003. That will set clear guidelines for the Secretary of State and the Special Immigration Appeals Commission when dealing with applications under the new process.

The instrument will specify the information that must be included in applications and make provision for the Secretary of State to vary or withdraw an application. It also confirms that

“the Secretary of State is the only party to proceedings”,

and makes provision for the Secretary of State to appeal a determination of the Special Immigration Appeals Commission. The instrument also sets out that the Special Immigration Appeals Commission must give a determination within 14 days of receiving the application or its variation. That reflects the fact that the Secretary of State might have to act very swiftly in the interests of national security.

The instrument is the final stage in implementing the safeguards relating to section 10 of the Nationality and Borders Act, which the House agreed to during the passage of the Act.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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The Minister has given an excellent explanation of the safeguards in the process, which will be enhanced by the instrument. Does he recall some of the scaremongering during the Nationality and Borders Act debates about how there would somehow be no oversight of how the deprivation provisions would be used? Actually, this is about dealing with some of the worst threats to our national security—who may literally be in war zones, where it is impossible to serve a notice on them.

Robert Jenrick Portrait Robert Jenrick
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I certainly do. I pay tribute to my hon. Friend, who was my predecessor and played a critical role in the passage of the Nationality and Borders Act. He is right to say that the suggestions made during the passage of that Act were spurious and wrong and also that the power will be used in the most judicious way to tackle some of the gravest threats to our national security. Examples might include an individual who our security services have reliable evidence is a secret agent acting against the interests of the United Kingdom, whose passport and citizenship we would want to remove, but who—for obvious reasons—we might struggle to locate. Therefore, we would have to use this special procedure to remove their citizenship at short notice.

As I hope I have made clear in my opening remarks, my hon. Friend is also right to say that the special procedure comes with a very clear safeguard: before the Secretary of State issues any of these notices, it will go before a specialist tribunal judge, who will make a statement on the case saying it is clearly correct and valid.

I turn to credibility statements, the second element covered by the statutory instrument. Sections 19 and 22 of the Nationality and Borders Act 2022 create additional behaviours that should result in an asylum or human rights claimant’s credibility being damaged. That includes a requirement for decision makers to consider the late provision of evidence without good reason in response to an evidence notice or a priority removal notice as behaviour that should be damaging to a claimant’s credibility.

As part of the suite of measures being introduced to encourage the timely provision of evidence in support of asylum and human rights claims, sections 19 and 22 of the Nationality and Borders Act establish a new requirement in the procedure rules of both the Special Immigration Appeals Commission and the Immigration and Asylum Chamber. When judges dispose of asylum and human rights decisions, and when credibility issues arise, they must include in their decisions a statement of how they have taken into account all the potential credibility-damaging behaviours.

The changes to the procedure rules of the Special Immigration Appeals Commission effectively secure what judges are already required to do according to current case law. However, this instrument and the creation of new procedure rules will make it abundantly clear what judges are required to do, and that will ensure that there is clear and efficient decision making in these important matters. I commend the draft rules to the Committee.

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Robert Jenrick Portrait Robert Jenrick
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I have not heard any suggestion that there are insufficient judges. This type of case would be heard by the most experienced judges in SIAC, as the right hon. Lady would expect, given that these are some of the most complex cases that will ever come before them.

Kevin Foster Portrait Kevin Foster
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The Minister will obviously be aware that these decisions are taken on the basis of extensive files and evidence. On disapplying the notice requirement, for example, there is still a full appeals process so that if someone feels that the decision is incorrect, they can appeal it. To be clear, there are plenty of opportunities for oversight and ensuring that the decisions are proportionate and fair. As the Minister rightly said, this is done only in the most serious cases.

Hotel Asylum Accommodation: Local Authority Consultation

Debate between Robert Jenrick and Kevin Foster
Wednesday 23rd November 2022

(2 years ago)

Commons Chamber
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Robert Jenrick Portrait Robert Jenrick
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Dear me! The reason I had to pull out of the meeting with local authority leaders was that the hon. Gentleman had called an urgent question and I was here answering his questions. The idea that the Labour party knows how to get a grip of this challenge is, frankly, laughable. The last Labour Government left the Home Office in such disarray that their own Home Secretary declared it not fit for purpose and had to split the place up. The backlog of cases was so high that he had to institute an amnesty, where they literally wrote to people and said, “Welcome to Britain. We can’t process your application—you’re in.” That is not the approach that we are taking.

Labour Members have no credible proposals to stop the problem at source. They voted against the Nationality and Borders Act 2022, and they opposed the Rwanda scheme. Their own leader, in his leadership campaign, called for the closure of immigration removal centres—the places where we detain people, often foreign national offenders, while we are trying to get them out of the country. The truth is that, in the last Labour Government, the party was committed to mass migration and uncontrolled immigration. We are only the party that believes in the British public. We are the party that wants to ensure that we secure our borders and have a controlled migration system.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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As always, I have some sympathy for my right hon. Friend in having to deal with an urgent question such as this. Recent examples in Torbay show that previously there was engagement with local authorities, although I must say that the news that we were looking to use accommodation was never welcomed. It would be interesting for him to reflect on how the new standards he has laid out will operate and work. Is he saying that this will be an interim period with a bare minimum of 24 hours’ notice and that he hopes to go back to giving a longer period of notice, both to MPs and to councils, particularly those with responsibility for children’s services, because it is really unacceptable that people are finding out about this from staff working at hotels and residents living next door?

Robert Jenrick Portrait Robert Jenrick
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I can only speak to the situation as I found it when I arrived in the Department, and at that point there were almost 4,000 people at the Manston site. There were serious concerns about conditions at the site and, indeed, about its legality, and there was insufficient accommodation available to us to house the asylum seekers. We have set out, through immense efforts in the last few weeks, to rectify that situation. It is clear to me that insufficient accommodation was procured over a sustained period, and we need to tackle that. We will do it in a number of different ways, including through dispersal accommodation with local authorities; through judicious use of hotels, with good engagement with local authorities; by using larger sites that provide us with decent but not luxurious accommodation; and, of course, by tackling the problem at source. We cannot build our way out of this challenge. We have to reduce the pull factors to the UK and we have to ensure that the backlog of cases is cleared as swiftly as possible.

Migration

Debate between Robert Jenrick and Kevin Foster
Wednesday 16th November 2022

(2 years ago)

Commons Chamber
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Robert Jenrick Portrait Robert Jenrick
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The hon. Lady needs to face the facts. We on the Government Benches will always behave with decency and compassion, because those are our values. But we will not be naive. We are capable of making the distinction between genuine refugees and genuine asylum seekers fleeing persecution and human rights abuses, and Albanian economic migrants coming to this country for all the wrong reasons. We are also perfectly capable of making the distinction between good people who deserve our protection and support, and bad people who are foreign national offenders who need to be removed from the United Kingdom as soon as possible. I am surprised to see her joining in with the Opposition, who want to close down the very detainment centres where we keep those people while we try to get them out of the country.

The hon. Lady says she is disappointed that we are pursuing Rwanda. I think Rwanda is an important part of our efforts to tackle illegal migration because deterrence has to be suffused throughout our entire approach. Everything we do to create further pull factors to the UK ensures more people cross the channel in perilous ways and more pressure is put on our public services. It prevents us from helping the people who genuinely deserve our support, such as those who come from Ukraine, Afghanistan or Syria under our resettlement schemes. I will say again—I have said it before: if the SNP wanted to help with this issue, it would address the fact that proportionately Scotland, in particular SNP local authorities, takes fewer people on those resettlement schemes than any other part of the United Kingdom.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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I do not envy my right hon. Friend having to do this urgent question, having done a few myself. I know he will recognise that system-wide reform of asylum is needed. The deal with France is welcome, but it is only a small part of what needs to be done overall. The particular point I want to focus on is the issue of notification and engagement with local authorities, which seems to have disappeared, as he will be aware from the situation in Torbay. Can he reassure me that that will now be restarted? At the very least, it is common courtesy to notify MPs and local authorities—we should not find out via third parties.

Robert Jenrick Portrait Robert Jenrick
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Yes, and I pay tribute to my hon. Friend for his good service in this role and others previously. He was highly respected and is missed by his former colleagues at the Home Office.

My hon. Friend is absolutely right to say that we need good engagement with Members of Parliament and, crucially, local authorities. When we are bringing groups of migrants to a local area, often with complex needs, we need to ensure the local authority is involved in that, can prepare for their arrival and provide good services. One issue that has been experienced in recent weeks is that the sheer number of individuals crossing the channel has put immense pressure on the Manston facility. As the Minister responsible, my first duty and priority was and is to ensure that Manston operates legally and decently. That has meant that we have needed to procure a lot of accommodation relatively quickly and that has meant some procedures have been weaker than any of us would have wished. I hope we can move forward from that, stabilise the situation, and get into a pattern of engaging MPs and local authorities in the manner that they deserve.

Oral Answers to Questions

Debate between Robert Jenrick and Kevin Foster
Monday 20th June 2022

(2 years, 5 months ago)

Commons Chamber
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Kevin Foster Portrait Kevin Foster
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We have already made clear the actions we are taking. Since April last year we have been advising people to allow up to 10 weeks for an application, although 91% of people get their passport back within six weeks of applying. The hon. Member will also be aware that in some instances, such as school trips, collective passports can be used, subject to those being accepted by the country they are travelling to.

Robert Jenrick Portrait Robert Jenrick (Newark) (Con)
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Earlier in the year, Parliament repealed the antiquated Vagrancy Act 1824. It was an important step in our journey to ending homelessness for good. Imagine my surprise when I reviewed the Levelling-up and Regeneration Bill to see that that repeal was repealed and that the Secretary of State will be given unlimited and unspecified powers to recriminalise homelessness. I know my right hon. Friend the Home Secretary cares about this, and she has been superb in supporting me and other Ministers in this mission. May I ask her to deal with this and ensure that we can get on with the job of ending homelessness?

Ukraine Refugee Visas

Debate between Robert Jenrick and Kevin Foster
Thursday 31st March 2022

(2 years, 7 months ago)

Commons Chamber
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Kevin Foster Portrait Kevin Foster
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First, it is too early to say how many people have arrived under the Homes for Ukraine scheme, but we are now publishing details of visa grants. By 9am today 3,705 visas had been granted, and the trajectory for visa grants is increasing every day. I remind hon. Members that at one point last week we issued nearly 6,000 family scheme visas in two days. Again, that shows the type of capacity available once we get decisions ready to be made, and we would expect to see a similar increase in trajectory on the Homes for Ukraine scheme.

On the accusation that applications are being deleted, what has actually happened is, first, a removal of duplicates, for example where someone applied initially with biometrics and then did so without biometrics. Where someone did not qualify for the family scheme but they have someone in the UK who would be prepared to sponsor them—such as godparents, for the sake of argument—we transfer this over to the Homes for Ukraine scheme. Members will realise why that is a sensible and proportionate approach to take.

On the accusation about “reams of info”, we have cut back on what people are asked to supply. We do not need authorised translations and people can submit in Ukrainian, with the most basic of documentation: any evidence that shows residence in Ukraine. Again, we are not asking people to give us travel history or previous addresses; we are asking purely for something that shows they were resident in Ukraine in December and that there is a basic family link, if relevant, for the family scheme. We are cutting down the information purely to that which is necessary for vital safeguarding checks.

This is the latest in a number of humanitarian interventions and routes we have created over the past year. We saw the determination to help people in Afghanistan, from which we saw the biggest evacuation since Dunkirk; we saw the British national overseas route delivered, with more than 100,000 applications over the past year; and now we see these two routes for Ukrainians set up in record time, with tens of thousands of people already having visas under them. I just compare that with how the shadow Home Secretary got on with her own pledge to rehome one Syrian refugee.

Robert Jenrick Portrait Robert Jenrick (Newark) (Con)
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This is going to be a wonderful scheme and we are all looking forward to welcoming tens of thousands of Ukrainians to this country, but something is going wrong with the scheme right now. Tomorrow, the vast majority of sponsors will have waited two weeks and will not have heard anything at all. We are testing the patience of people in this country who have put themselves forward as sponsors and, much more importantly, we are letting down vulnerable individuals and families in Ukraine. We need to process only about 8,000 households, and we are talking about 20,000 or 30,000 applications in total. That is not a huge or insurmountable task, but it does require the Home Office to make sure that the resources and the leadership are in place to get this sorted. I hope that we have heard today from the Minister that that will now happen in the next few days.

Kevin Foster Portrait Kevin Foster
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My right hon. Friend is right to say that people want to get on and help. Tens of thousands of people throughout the country have made a very generous offer and they want to be able to extend that and for it to be taken up. We are rightly doing vital safeguarding checks. Sadly, we have had some pings on the police national computer in respect of some of the sponsors who have come forward, and we will need to consider them, but the vast and overwhelming majority of people want to do the right thing.

I appreciate my right hon. Friend’s wish that we go faster. As I have touched on, the rate at which visas are being granted is increasing. As we have seen with the Ukraine family scheme, once people have passed through a number of checks, we can quickly start to issue a large number of visas, which is what we plan to do.

Oral Answers to Questions

Debate between Robert Jenrick and Kevin Foster
Tuesday 5th March 2019

(5 years, 8 months ago)

Commons Chamber
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Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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1. What plans he has to allocate additional funding for infrastructure in Devon and Cornwall.

Robert Jenrick Portrait The Exchequer Secretary to the Treasury (Robert Jenrick)
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The Government are increasing our national investment in infrastructure to the highest sustained level since the 1970s. In Devon, this will include £83 million towards the widening of part of the north Devon link road, and in Cornwall £78 million towards the St Austell link road.

Mr Speaker, may I wish Cornish Members gool Peran lowen—a very happy St Piran’s day?

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

I thank my hon. Friend for his answer, although my Cornish is not quite up to his level, given that I am a Devon Member.

The recent announcement of £80 million of funding for major resilience work at Dawlish was very welcome. Can my hon. Friend confirm that this is the first part of the investment plan and that the Government will provide additional investment as further aspects of the plan to secure our key rail infrastructure come forward?

Robert Jenrick Portrait Robert Jenrick
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We are fully committed to rail resilience in the south-west, and the Chancellor restated this as a national priority in the Budget Red Book. As my hon. Friend has said, we are investing up to £80 million in the new seawall to provide greater protection to the railway at Dawlish. Network Rail is providing the further options he mentions to protect the line from extreme weather and improve the rail network for passengers in the south-west, and of course we will consider those proposals when we receive them.

UK Citizens Returning From Fighting Daesh

Debate between Robert Jenrick and Kevin Foster
Tuesday 19th April 2016

(8 years, 7 months ago)

Commons Chamber
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Robert Jenrick Portrait Robert Jenrick
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I could not agree more.

I do not know whether this is a representative sample, so perhaps the Minister will tell us in his remarks how many British citizens have been arrested in these circumstances, but it is clear that there is not a consistent approach. Much, as my hon. Friend has just said, is left to individual police forces. My own police force in Nottinghamshire arrested my constituent on his plane and took him for brief questioning, yet he has awaited news of whether he is to be charged for the past 12 weeks. The outcome has now been postponed once again. I am told that the Crown Prosecution Service has not been given the file or been asked for its advice.

Do police forces know how to handle this situation? Some treat these individuals and their families in exactly the same way and in the same circumstances as they would for those fighting for Daesh, which is particularly rough on the families and loved ones, whose homes are searched and computers taken while neighbours watch on through twitching curtains. Others may well chose not to get involved as some individuals have been in the press, but are never troubled by the police.

Clearly, individuals need to be questioned; we need to understand what they have done. I can appreciate, as the Minister may argue, that a single mistake or an individual wrongly assumed to be fighting on the other side who then returns home and commits a terrorist act, is a risk that we cannot bear. However, I suggest that we should exercise caution before arresting individuals, because that will remain on their records for the rest of their lives. If we do arrest them, it should be done consistently, and police forces should be equipped with guidance so that people like my constituent are not left in limbo for months and months while they decide what to do.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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Will my hon. Friend give way?

Robert Jenrick Portrait Robert Jenrick
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I will give way one last time.

Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

I congratulate my hon. Friend on securing a debate that has proved quite interesting to me. He has described the complexity of a situation in which different militia groups—different forces—are fighting Daesh. Does he agree that guidance is needed because the task of any immigration or police officer who is presented with a case of this kind is to investigate crime rather than looking into international affairs?

Robert Jenrick Portrait Robert Jenrick
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That is absolutely true. This is an unenviable task for anyone who is involved in such investigations.

I do not pretend to have the answers, but let me draw the attention of the House and the Minister to an issue that I think needs careful thought. Given the existence of social media and cheap international flights, it has never been easier for individuals to make contact, to be recruited, and to travel to conflict zones. It might be thought that in this modern age when we are all mollycoddled, people would not dream of doing something of this kind, but people are doing it, and it is becoming easier and easier to do.

Charities (Protection and Social Investment) Bill [Lords]

Debate between Robert Jenrick and Kevin Foster
Thursday 3rd December 2015

(8 years, 11 months ago)

Commons Chamber
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Robert Jenrick Portrait Robert Jenrick (Newark) (Con)
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I welcome the Bill, which is a much needed and sensible Government reform. I am delighted that they have introduced it.

Before entering this place, I practised as a solicitor for several years. I practised corporate governance, among other areas, and over the course of the past year, I think we have all come to realise that the governance of charities is in crisis and it is affecting all charities. The large charities are infecting the small charities, which is why it is so important for this House to act.

As has been said by many Members on both sides of the House, we all support the charities in our constituencies, including those we give to and those of which we are trustees. We want them to thrive and we want public confidence in them to increase, because, undoubtedly, public confidence in charities has been knocked this year. As the head of a charity based in my constituency recently told me, charities are different from many other parts of our society. When large businesses get knocked by scandals, the public turn towards the little guys and confidence in them rises. If there is a horsemeat scandal at Tesco, we all go to our local butchers and sales there start to rise. Charities seem to have the inverse situation. If the big charities get hit by scandals, the little guys suffer as well.

It is essential that we protect the thousands of excellent small charities that we, as Members of Parliament, get to know more than most members of society. It is for them that we must ensure that the larger charities, in particular, have the highest quality of governance. That comes down to trustees. It has been a torrid year in many respects for how the large charities have behaved, whether the scandals have been about the high salaries of chief executives and the management teams of big charities, about the question of politicisation or, above all, about the question of the inappropriate use of fundraising on our high streets. Of course, there has been the tragic case of Olive Cooke.

Kevin Foster Portrait Kevin Foster
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My hon. Friend is making a very strong speech. Does he agree that part of it is about the public having confidence about how much of the pound that they donate ends up going to the good work of the good cause, particularly as with some of the larger charities there have been issues about how much ends up going on overheads and administration?

Robert Jenrick Portrait Robert Jenrick
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My hon. Friend makes a strong point. I want to come on to how we can ensure proper financial management of our charities. That cuts in both directions: how they govern themselves and what percentage of their organisation and resources is deployed on central management.

Kids Company has seen the last and perhaps most prominent scandal, which has raised all manner of questions about the governance of our most high-profile and largest charities, particularly their capacity to handle their finances appropriately. I do not want to dwell on Kids Company, which is an outlier, but it has done huge damage to other charities. That is why those who have been at the heart of it and those parts of Government that have worked with Kids Company have to take it seriously. It is damaging all our charities throughout the country. The powers in the Bill to bar ineffective and inappropriate trustees from acting as trustees will be tested if there are Kids Company-type scandals in future.

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Kevin Foster Portrait Kevin Foster
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My hon. Friend is being extremely generous with his time. Does he agree that it is also important that we ensure that anyone who wants to do the best for their community or to support a good cause does not feel excluded from being a charity trustee merely because they do not have formal qualifications? It is important that the Charity Commission helps to build the skills they need, as I would not want to see trusteeship become a graduates-only zone.

Robert Jenrick Portrait Robert Jenrick
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That is very important, but I do return to the theme of some of our biggest charities. They are major organisations dealing with hundreds of millions of pounds of not only the public’s money, through charitable donations, but the taxpayer’s money. I am nervous to dwell on the case of Kids Company, but its trustees had very little relevant expertise. One was a celebrity hairdresser—there is nothing wrong with that, but I do not expect that person necessarily to have expertise in running a major multinational business, as Kids Company had become. It is therefore essential that those organisations step up and have appropriate trustees. I would like this Bill and the Government to push our biggest charities to have those individuals.

I know that charities are now required in their annual return to confirm whether or not they have reviewed their financial controls. Clearly, that important lesson has come out of recent scandals, and such a provision is essential. Anything we can do to beef it up, without deterring the little guys, is essential.

Another issue is that, unlike as happens in companies, most trustees do not meet in mixed board meetings with their management, and so the interplay between the two is often limited. Those trustees who take their role most seriously and work hardest at it no doubt get to know the senior management of their organisation, but others do not and often rely, crucially, on the chief executive, who may be, as we have seen in other scandals, an overbearing founder. Such a person may be incredibly charismatic, powerful and knowledgeable about the organisation, but it is difficult to scrutinise them, stretch them and hold them to account. That is important, and our larger charities have started to have mixed board meetings involving executive and non-executive directors— I use the corporate setting there.

I would like the Government to think about the role of overbearing founders, because it is an incredibly important issue. Anyone involved in the charitable sector sees examples where someone who may be a brilliant individual founds a charity and then it gets out of control, as they become extremely difficult to scrutinise and perhaps the time comes when they should step aside or hand over to somebody else. Perhaps it would be appropriate for these individuals to have term limits, as we might have for a chairman of a public company, where they have to go through a rigorous procedure at the end of a certain term in order to be reappointed.

A number of our charities, even the largest ones, are riddled with conflicts of interest. We see trustees having friends and relatives employed in the organisation, and trustees sometimes getting benefits that are not appropriate. I do not think the Bill particularly deals with that issue, but it does a lot of damage and undermines confidence in the charitable sector.

Lastly, I wonder whether the Minister really believes that the Charity Commission has the capacity to regulate the vast number of charities. We have thousands of charities in this country, some of which are extremely complex organisations, as we have seen. Does the Charity Commission have the resources to do that work? I suspect it does not, a view shared by many in the sector. Some of our most experienced chief executives believe the time has come for some form of beefing up of the Charity Commission through self-funding, whereby the big charities, which are the holders of public trust and confidence, might contribute some money towards ensuring that trust in the wider sector is maintained through a Charity Commission that has the funding required to see that happen.

I know that the Minister wants to speak, so in conclusion, trustees are absolutely essential and those of our biggest charities are letting down the entire sector. Scandals such as what happened at Kids Company matter, because they are harming the small charities, which are the lifeblood of charitable giving. As a Member of Parliament, I have taken huge pleasure in getting to know and working with these charities in my constituency, and I know other Members feel the same. Those who hold those positions in the big organisations need to step up and behave as if they are non-executive directors of large and important organisations, which they are.