Legal Migration

Baroness Winterton of Doncaster Excerpts

Monday 4th December 2023 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

With permission, Madam Deputy Speaker, I would like to make a statement on legal migration.

Migration to this country is far too high and needs to come down. Today, we are taking more robust action than any Government have before in order to bring it down. Since my first day in the Home Office, just three weeks ago, I have been determined to crack down on those who try to jump the queue and exploit our immigration system. I have been working closely with my right hon. Friend the Immigration Minister on this subject. The recent figures from the Office for National Statistics show a provisional estimate of net migration for the year ending June 2023 of 672,000. While that is lower than the ONS estimate for net migration for the year ending December 2022, it is still far too high.

When our country voted to leave the European Union, we also voted to take back control of our borders. Thanks to this Conservative Government, we now have a points-based immigration system through which we can control who comes to the UK. We prioritise the skills and talent we need to grow our economy and support our NHS, and we have a competitive visa system for globally mobile talent; for example, last year we expanded health worker visa access to address the urgent need for more social care workers. The whole country can be proud that in the past decade we have also welcomed more than half a million people through humanitarian routes—people from Ukraine, Hong Kong and Afghanistan, including 85,000 from Ukraine and Hong Kong in the past year alone.

The British people will always do the right thing by those in need, but they also, absolutely rightly, want to reduce overall immigration numbers. That means not only stopping the boats and shutting down illegal routes, but a well-managed reduction in legal migration. People are understandably worried about housing, GP appointments, school places and access to other public services when they can see their communities growing quickly in numbers.

From January 2024, the right for international students to bring dependants will be removed unless they are on postgraduate courses designated as research programmes. We always want to attract the global brightest and best. We have also stopped international students switching out of the student route into work routes before their studies have been completed. These changes will have a tangible impact on net migration; around 153,000 visas were granted to dependants of sponsored students in the year ending September 2023.

Today, I can announce that we will go even further, with a five-point plan to further curb immigration abuses that will deliver the biggest ever reduction in net migration. In total, this package, plus our reduction in student dependants, will mean that around 300,000 fewer people will come to the UK in future years than came last year.

These measures are possible because we are building up our domestic workforce and supporting British workers. Thanks to the excellent work of my right hon. Friend the Work and Pensions Secretary, our back to work plan will help people stay healthy, get off benefits and move into sustainable employment. It builds on the ambitious £7 billion employment package from the spring Budget to help up to 1.1 million people with long-term health conditions or disabilities, or who have been in long-term unemployment, to look for work, get into work and stay in work. We are also investing heavily in helping adults learn valuable skills and prepare for the economy of the future, and of course we have world-class universities that help in that endeavour.

The first point of our five-point plan will be to end the abuse of the health and care visa. We will stop overseas care workers bringing family dependants, and we will require care firms in England to be regulated by the Care Quality Commission in order to sponsor visas. Approximately 120,000 dependants accompanied 100,000 care workers and senior care workers in the year ending September 2023. Only 25% of dependants are estimated to be in work, which means that a significant number are drawing on public services rather than helping to grow the economy. We recognise that foreign workers do great work in our NHS and health sector, but it is also important that migrants make a big enough financial contribution. Therefore, we will increase the annual immigration health surcharge this year by 66%, from £624 to £1,035, to raise on average around £1.3 billion for the health services of this country every year.

Secondly, we will stop immigration undercutting the salaries of British workers. We will increase the skilled worker earnings threshold by a third to £38,700 from next spring, in line with the median full-time wage for those kinds of jobs. Those coming on health and social care visa routes will be exempt, so we can continue to bring in the healthcare workers on which our care sector and NHS rely.

Thirdly, we will scrap cut-price shortage labour from overseas by ending the 20% going rate salary discount for shortage occupations and reforming the shortage occupations list. I have asked the Migration Advisory Committee to review the occupations on the list because of our new higher skilled worker salary threshold, and we will create a new immigration salary list, with a reduced number of occupations, in co-ordination with MAC.

Fourthly, we will ensure that people bring only dependants whom they can support financially, by raising the minimum income for family visas to the same threshold as the minimum salary threshold for skilled workers, which is £38,700. The minimum income requirement is currently £18,600 and has not been increased since 2012. This package of measures will take effect from next spring.

Finally, having already banned overseas master’s students from bringing family members to the UK, I have asked the Migration Advisory Committee to review the graduate route to prevent abuse and protect the integrity and quality of the UK’s outstanding higher education sector. It needs to work in the best interests of the UK, supporting the pathway into high-quality jobs for the global talent pool, but reducing opportunities for abuse. This package of measures, in addition to the measures on student dependants that we announced in May, will mean that around 300,000 fewer people will be eligible to come to the UK than came last year. That is the largest reduction on record.

Immigration policy must be fair, consistent, legal and sustainable. That is why we are also taking the fight to illegal migration. Our plan to stop the boats is working. Small boat arrivals are down by a third, even as illegal migration across the rest of Europe is on the rise.

Today we have taken decisive action to reduce legal migration with our five-point plan. Enough is enough. We are curbing abuses of the healthcare visa, increasing thresholds, cutting the shortage occupations list discount, increasing family income requirements and cutting the number of student dependants. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Home Secretary.

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[James Cleverly]

My right hon. Friend asks an important question. My right hon. Friend the Immigration Minister and I have crunched the numbers in great detail. What we have seen through this scheme is the displacement of British workers. The total number of people in the sector has not increased by anywhere near as much as the number of people who have entered on the family visa route. We also suspect that, globally, there is significant surplus demand. Although an individual with a family might be dissuaded because of the restrictions on family members, someone who does not have those family commitments will almost certainly be willing to put themselves forward, so we do not envisage a significant reduction in demand because of the changes. It will mean, however, that we have the care workers we need and not the estimated 120,000 other people who have come with them in recent years.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Chris Stephens (Glasgow South West) (SNP)]

The statement will be judged on whether it is pandering to the right wing of the Home Secretary’s party or addressing the needs of the economy—[Interruption.] I see them all cheering.

On the 120,000 dependants figure, can the Home Secretary tell me how many of them are children? Is he suggesting that children should be going into work? He mentioned his discussions with the Department of Work and Pensions, but what discussions has he had with the Health Secretary? The Home Office figures show that 143,990 health and care worker visas were granted in the year ending in September. That is more than double the figure for September next year, which perhaps demonstrates the real impact that creating more barriers and red tape will have on the NHS and care sector. Finally, Professor Brian Bell, chair of the Migration Advisory Committee, recently warned that limits on overseas care worker numbers could see a situation whereby

“lots of people won’t get care.”

Does the Home Secretary recognise that his proposals may cause irrevocable harm to the care sector?

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before we go any further, colleagues will recognise that a large number of people want to catch my eye for this statement. We have another statement afterwards, and then we have an important piece of legislation to which a large number of people want to speak, so I urge colleagues to be brief in their questions so that the Home Secretary can be concise in his answers. I will only be calling people who arrived for the beginning of the Home Secretary’s statement. I am trusting those who were late not to be standing.

[Sir Jacob Rees-Mogg (North East Somerset) (Con)]

Does my right hon. Friend think it would be a good idea to have a cap on the number coming in?

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[Madam Deputy Speaker]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

As the Home Secretary will appreciate, the Home Affairs Committee is keen to scrutinise the policies of the Home Office. At our meeting last week, that proved difficult because we could not get information about, for example, the cost of the Rwanda policy, asylum backlogs or the number of unaccompanied asylum-seeking children still missing from hotels. Can we please have an assurance from the Home Secretary that when the Immigration Minister appears before the Committee next week, we will have the full evidence base and economic impact for the policy announcements made today?

Net Migration Figures

Baroness Winterton of Doncaster Excerpts

Tuesday 28th November 2023 Commons Chamber

[Robert Jenrick]

My hon. Friend raises a number of issues, all of which are worthy of consideration and which the Home Office is working through at present. It is certainly true that a very substantial number of dependants have come to the UK alongside visa holders, whether students, care workers or skilled workers. It is a choice for the country whether we want to continue to pursue that. There is a strong argument that it is unsustainable for the country to continue to take so many dependants, who put pressure on housing, public services, school places and so on. We could base our visa system on different models to stop so many dependants coming into the country. We have seen a very substantial number of care worker visas issued, and those care workers bring dependants with them on almost a one-for-one basis. As my hon. Friend knows, we are actively considering that.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

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[Robert Jenrick]

The great reform that this Government have achieved is taking back control of the levers of migration by leaving the European Union. Now the task falls to us to use those in a judicious and discerning way to bring down the levels of net migration, and that is exactly what we intend to do.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for answering the urgent question.

Criminal Justice Bill

Baroness Winterton of Doncaster Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

Second Reading.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I ask the Home Secretary to move the Second Reading, just another little reminder that as well as being here at the beginning to listen to the opening speeches, it is important that those who are participating not only stay in for the majority of the debate but get back in good time for both the Opposition and Government wind-ups. If anybody feels that they cannot get back in time, they should let me know now so that I can withdraw their request to speak.

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[Priti Patel]

I thank my right hon. Friend for his intervention. He and I spent a great deal of time discussing policing powers and what more we could do to strengthen them in relation to all aspects of criminality. The Bill rightly includes some safeguards, but there are measures in place already. We need to understand how the proposed powers will work—how their use will be authorised, and in what circumstances. The Bill is at an early stage, and it will obviously be scrutinised in Committee, but there are questions that need to be answered. We welcome those discussions.

I will say a few words about the provisions relating to nuisance begging and rough sleeping. I have listened with interest to the comments that have already been made about this issue on both sides of the Chamber. Members will recall that the Police, Crime, Sentencing and Courts Act 2022 contained provisions to repeal the Vagrancy Act 1824, which is nearly 200 years old. I and my colleagues in the Government at the time worked with all Members of the House on that—it was right that the repeal took place—and we spoke about the replacement legislation as it came forward.

No one in the House would dispute that dealing with homelessness is a difficult, sensitive and highly complex issue. I worked with Government, local authorities and charities on these issues as Home Secretary, as did my former ministerial colleagues. In particular, we looked to provide resources and the right kinds of interventions to support those sleeping rough on our streets. Project ADDER was brought in to deal with a lot of the addiction issues that are associated with homelessness. That is an incredibly successful programme that works with local authorities. The Government must invest more in it and roll it out further.

I recall working on this issue with my right hon. Friend the Member for North West Hampshire (Kit Malthouse), who was then Policing Minister. He brought his London experience to the fore regarding problems in central London. There were some specific cases of begging and homelessness on Park Lane, and we were able to address those issues and deal with rough sleeping, which was causing a lot of problems in that community, by bringing in the police and Westminster City Council and taking some proactive measures. There are also some incredible charities doing outreach work in London and across the community, in particular those that engage with rough sleeping.

We should reflect on the fact that this issue involves some veterans with complex needs, including the challenges posed by mental health issues, as well as some individuals who need trauma-informed support. We need to invest time across different Departments and agencies to tackle this problem, rather than looking at it just in the context of a criminal justice Bill. It is right that the Government look at the legislation required to prevent rough sleeping, and it is also essential that they bring in measures from other Departments to provide the right help and support. It will be interesting to hear from Ministers about the work that will take place in this area and to hear some of their reassurances.

I would like to touch on the point my hon. Friend the Member for Gloucester (Richard Graham) made about spiking. Some work on that has taken place already, and we have met victims of this horrendous crime and campaigners against it. I had the privilege of working with the police on spiking issues, and in fact with Assistant Chief Constable Maggie Blyth, who was brought in to support all the work on violence against women and girls in particular.

During my tenure as Home Secretary, we certainly introduced new restrictions on some of the drugs used for spiking, and we brought in tougher sentences. We also reviewed whether a new and specific offence was needed. One has not been brought forward, but it is subject to debate, and the Policing Minister is familiar with all this. As the Bill progresses, it will be interesting to see where the Government take this issue, particularly because it is difficult to track, as we know from policing data. We should recognise that as a House, but we want to do more to prevent further victims of spiking, and we need to come together to look at what practical measures can be put in place.

I look forward to working with Ministers. We have a very strong team, who will be very diligent when it comes to both building on previous measures and looking to strengthen the Bill to bring in proper practical measures. No one would dispute that the country wants robust action when it comes to going after offenders and punishing those who do dreadful things across our communities, leaving victims harmed. It is right that the Government bring in this Bill and it is right that we work collectively to strengthen our laws, but we do need practical measures to make sure that the legislation actually delivers for victims. We want fewer victims of crime, and we want to protect our communities and strengthen our safety.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

Illegal Immigration

Baroness Winterton of Doncaster Excerpts

Wednesday 15th November 2023 Commons Chamber

[James Cleverly]

My long-standing friend and predecessor is absolutely right. We will break the people-smuggling gangs. We will undermine their business model. We will pursue all the various workstreams that my right hon. Friend will be familiar with from her time in this fantastic office. In parallel, just as she suggests, we will work—indeed, we are already working—to address the issues raised by judges in the lower courts to ensure that we can prove what they need to see, which is that we will remove the risk of refoulement.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I congratulate the right hon. Gentleman on his new role. This morning at the Home Affairs Committee, David Neal, the independent chief inspector of borders and immigration, told us that the biggest challenge facing the Home Office is being professional, maintaining objectivity, being fair and understanding human rights. The inspector also said that what keeps him up at night is the question of who is protecting our borders and whether they are doing so to the best of our collective abilities. Could the Home Secretary tell us whether today’s ruling on Rwanda proves or disproves Mr Neal’s concerns?

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I urge colleagues to be brief in their questions so that the Home Secretary can be brief in return. We have a very packed agenda today and I want to make every effort to get everyone in.

[Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

I add my congratulations to the Home Secretary on his new role. It seems to me that the key word is “time”. We cannot keep relitigating this question to achieve what seems an ever-moving target in what the courts want us to achieve. Our constituents sent us here with a very clear message: sort the small boats issue. Parliament has passed legislation to sort the issue. Can my right hon. Friend be specific about the point at which the attempts by the Government to recondition the agreement with Rwanda into treaty form will have elapsed, and a “notwithstanding” clause, of the kind that my hon. Friend the Member for Harborough (Neil O’Brien) has set out, will become the only tool by which we can ensure that the will of this House takes effect? We cannot allow this cycle to continue indefinitely.

[Madam Deputy Speaker]

Order. I remind the House that I did just say “be brief.”

[James Cleverly]

I listened carefully to my right hon. Friend’s comments. We are absolutely determined to maintain the deterrent effect of the Rwanda scheme. To an extent, it is already demonstrating utility by the fact that we know—anecdotally, so I will not over-interpret these figures—that the fear of it as part of our arsenal is already having a deterrent effect, which is exactly what it was designed to do. National Governments cannot just vote themselves out of international commitments. I recognise, as a former Foreign Secretary, that they are incredibly powerful tools as we try to do good around the wider world. I give my right hon. Friend the commitment that we remain relentlessly focused on ensuring that we continue to drive down the small boat crossings using the full range of capabilities at our disposal.

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[James Cleverly]

I am always delighted to meet my right hon. Friend. He will know, of course, that I am now in a position where I have to be careful about the commitments I make, certainly about RAF Wethersfield. I do not intend to abuse my position as Home Secretary, but I am absolutely committed to driving down the need for RAF Scampton and RAF Wethersfield, just as we have driven down the need for hotel accommodation. I am absolutely committed to that, but of course I will meet my right hon. Friend.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We need to speed up if we are to get everybody in.

[Claire Hanna (Belfast South) (SDLP)]

I warmly welcome the Home Secretary to his new role. The UK is absolutely entitled to create bespoke policy, and he referred to his constructive work with Albania, but does he understand—unlike his predecessor—that policy must be compatible with facts and the law, and that it should focus on the chaotic processing he has inherited and on funding the public services that he says are under pressure? Can I confirm that he acknowledges that the ECHR is a fundamental cornerstone of the Good Friday agreement, and that abandoning it would not be compatible with the Government’s commitment to Northern Ireland?

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[James Cleverly]

Again, it is easy to criticise—it is easy to criticise ineffectually. Sadly, that is what I hear from Opposition Members far too often: no credible alternatives, just criticism. The point is that we are pursuing a number of workstreams that are already proving effective, which is why our numbers are going down at a time when all our European partners are seeing illegal arrivals go up. We will continue working on multiple strands and we will continue pursuing the Rwanda plan. When Labour Members finally decide to vote for something rather than against something, we will listen, but that day has not happened yet, and I do not expect it to happen any time soon.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We must be briefer.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I warmly welcome the tone and content of my right hon. Friend’s statement. Does he agree that in addition to the commitment to the ECHR, which is very much treasured by the settled refugee communities in my constituency, this is an opportunity to reinvigorate the work with France that has done so much to bear down on the number of small boat crossings in the way he has described?

Dangerous Drugs

Baroness Winterton of Doncaster Excerpts

Tuesday 12th September 2023 Commons Chamber

[Chris Philp]

I have referred to the ACMD advice before, and the ACMD did note the anecdotal reports of severe paralysis caused by excessive nitrous oxide consumption to which I have referred already. On this occasion—rarely, but not uniquely, disagreeing with ACMD advice—the Government, as we are entitled to do, took a broader view. We thought about the association with antisocial behaviour and about the fact that among 16 to 24-year-olds nitrous oxide is the third most used harmful substance, and that is why we took the step we did. Of course, I acknowledge that, as my hon. Friend said, alcohol can have an adverse effect as well, but we feel that in this particular case the misuse of nitrous oxide merits action. Many Members have raised concerns about the effect it has had in their communities, and we are responding at least in part to the concerns that Members have raised.

Nitrous oxide is currently regulated under the Psychoactive Substances Act 2016. It is not, of course, currently an offence to possess nitrous oxide; it is only an offence under the PSA to knowingly or recklessly sell it for personal consumption. So by controlling nitrous oxide as a class C drug under the Misuse of Drugs Act, it will not just be an offence to recklessly or intentionally sell this substance for personal consumption, but be an offence to possess it except for the legitimate use exemptions I mentioned earlier. As I said in response to my hon. Friend’s earlier intervention, we will be bringing through a further SI to set out the definition of those legitimate uses. As I said a moment or two ago, those will be extremely wide-ranging to make sure we do not inadvertently stymie legitimate commercial, medical or research use.

In summary, it is clear that drug misuse ruins lives. In the case of nitrous oxide, it also contributes significantly to antisocial behaviour. The Government have listened to the public and to parliamentarians who have been speaking for their constituents, and that is why we are taking this action.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

Prevent: Independent Review

Baroness Winterton of Doncaster Excerpts

Thursday 7th September 2023 Commons Chamber

[Suella Braverman]

I could not agree more with my right hon. Friend. He is absolutely right that this is about national security and public safety. It is not about appeasing campaign groups or the fear of offending particular minority groups. It is not about putting community cohesion ahead of the interest of national security. I am absolutely clear that our Prevent professionals in all the relevant agencies must work without fear or favour and in the interest of national security first and foremost.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Scottish National party spokesperson.

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

The Shawcross review has found that the Prevent strategy has failed and lost its way. The very system that aimed to identify would-be terrorists has allegedly funded a group whose head was sympathetic to the Taliban. That failure is why the Home Secretary is coming to the House today to make a statement. I am sure she will agree that public confidence in the Prevent strategy has been shaken to its foundations. We know that those previously referred to Prevent went on to commit terrorist acts and that the terrorist threat across the UK remains substantial, which means that an attack is likely. What long-term work is being done to monitor those who leave prison after serving sentences to ensure that they do not remain a threat to our communities and national security?

Islamist terrorism is the primary terrorist threat, but it is not the only one. The fact that the Wagner group is to be declared a terrorist organisation has to be welcomed, but there must be ongoing concern and vigilance in respect of extreme and far right incel movements. Questions about how to tackle online radicalisation remain. Will the Home Secretary assure us that there will be full co-operation with the devolved nations as we seek to tackle the scourge of terrorism? What guarantees will she provide that Prevent will have the necessary budget and resources to fulfil its central aim and mission of preventing terrorism across the UK?

Finally, the Home Secretary talked about better training for prison officers, but staffing crises in our prisons are rife. Training is all well and good, but it is important that the prison estate has the proper manpower levels to play its part in deradicalising and rehabilitating those who have been convicted of terrorist offences, so that when they are released they can go back to their communities without causing alarm. What action is she taking to address the staffing crisis in our prisons, as part of this strategy?

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[Suella Braverman]

The Prevent duty applies to those working in the prison estate. Sir William identified a particular concern relating to the threat of radicalism and terrorism occurring and evolving within the prison estate, which is why he made a recommendation. I am pleased that we have made significant progress on rolling out the terrorism risks behaviour profile, which will now enable prison officers to have better training so that they can better spot, and are more confident and knowledgeable about, the signs of radicalisation, extremism and terrorism within the prison estate and are thereafter empowered to take steps to mitigate and eliminate that risk.

[Madam Deputy Speaker]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

In ensuring that Prevent is fit for purpose, the Home Affairs Committee looked at the Prevent review and we were concerned about the under-representation of the Islamist threat in Prevent referrals when compared with right-wing extremism referrals. Some 22% of the 4,915 referrals related to Islamist radicalisation and 25% related to right-wing extremism. However, 75% of those who ended up on remand for terrorist offences were categorised as Islamist and 22% were categorised as extreme right-wing. When the Security Minister appeared before our Committee, he said that the Government needed to look at the reasons for that, and that they were going to look at the misallocation and seek to make sure there was better representation of the actual threat. Will the Home Secretary therefore set out what work has been done to ensure that we have that proper representation in those initial Prevent referrals?

Illegal Migration Update

Baroness Winterton of Doncaster Excerpts

Tuesday 5th September 2023 Commons Chamber

[Robert Jenrick]

I am grateful to my right hon. Friend for the co-operation that we have had in respect of that site. I know that she supports the use of large sites, such as disused military bases, for that purpose—it was her policy when she was Home Secretary. We want to use that site for the shortest possible period. We have not put an end date on our use. We have taken advantage of the emergency planning powers that are available in these circumstances; she knows that that has a limited timeframe, after which further action needs to be taken. It is important that we provide the local community with the resources necessary to manage such sites appropriately. That is why we have provided the £3,500 payment. If the site is used for a sustained period, it is correct that we should look again at that and see whether a further payment is appropriate. We have also provided funding for Essex police and for her local NHS services so that the pressure on her constituents, and those of her neighbouring MPs, is as minimal as possible while we deliver this service in their area.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

The Minister comes here again with another statement, but the problem is not the boats; it is the backlogs. He comes here fiddling figures with legacy backlogs, but the flow backlog of people coming into the country continues to increase, and the hidden backlog—those granted asylum by the courts but left waiting for his party to complete the paperwork—grows and grows. In reality, we have a backlog of 175,000 people waiting for a decision from his Department—the highest number since records began— and we local MPs get only boilerplate replies that give no reassurance to our constituents left in limbo by his incompetent Department.

We all want to see an end to the small boats and to people risking and losing their lives in the channel, but that requires safe and legal routes, which do not exist. They certainly do not exist for Iraqis, Iranians, Eritreans or Sudanese people. For Afghans, the Afghan relocations and assistance policy and the Afghan citizens resettlement scheme, which they should be able to access, are not fit for purpose, either. Fewer than 50 people have been settled through pathway 3 this year, but just shy of 2,000 have come on small boats in the past two quarters because the system is broken and the Government are not interested in fixing it.

Has the Minister met the Fire Brigades Union regarding his expensive plague ship moored off Dorset? Has he given any thought to how his Illegal Migration Act will actually work? Many in the sector do not understand and have not had any guidance from the Minister on what will happen to the people left in immigration limbo by his Department.

Finally, Scotland has sought an alternative to this broken system, and in the summer we launched our “Citizenship in an independent Scotland” paper. The Government are more interested in pulling up the drawbridge and courting the Daily Mail, so will the Minister devolve immigration to Scotland and let us get on with the job of being a welcoming country and playing a role in the world?

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. This is a very important statement, but we have the remaining stages of the Energy Bill later, which is not protected time. Many people wish to speak, so I urge colleagues to ask one short question of the Minister on matters for which he has responsibility, as opposed to matters for which he might not, so that he is able to give quick answers. Leading the way will be Sir Edward Leigh.

[Sir Edward Leigh (Gainsborough) (Con)]

When the Prime Minister announced that he was imperilling £300 million- worth of levelling-up investment on RAF Scampton, he said he was going to lead by example by accepting migrants into Catterick camp in his constituency. Home Office officials have now informed us that that is not happening, so where is the leadership in that?

It gets worse. I was informed by West Lindsey District Council that, despite being told that the scheme was value for money and will have to be available for three years not two, the value for money is infinitesimal compared with hotels—it will not even save money for a few days on hotels. Will the Minister now drop this ridiculous scheme, which is derisory and will do nothing for deterrence, and sit down with me and West Lindsey District Council to work out a discreet location for illegal migrants in West Lindsey?

[Robert Jenrick]

I am grateful to my right hon. Friend for his question and our continued co-operation. We believe that this policy is in the national interest. It is right that those coming to this country are accommodated in decent but never luxurious accommodation, so that we do not create a pull factor to the UK. It is through delivering sites such as Scampton—which I appreciate have a serious impact on his constituents—that later this year I hope we will begin to close hotels in earnest and return those facilities to the general public for tourism, business and leisure, which I know is supported by Members across the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

On behalf of the Home Affairs Committee, may I send our thoughts and prayers to all those affected by the loss of life in the channel last month?

The Home Affairs Committee has long urged the Government to clear the asylum backlog, and I am pleased that the legacy backlog is starting to shrink. However, there are important questions about the quality and quantity of decisions. On quality, it was reported in The Sunday Times last week that interviews have been slashed from seven hours to 45 minutes. Could the Minister explain how the Home Office is evaluating and guaranteeing the quality of those decisions?

On quantity, the Home Office has reportedly doubled the rate of decision making on the legacy backlog since the end of June. What resources and support will be offered to local authorities when they start having to deal with the dramatic increase in the number of positive asylum claim decisions?

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[Robert Jenrick]

I can tell the House what would happen if the Labour party was in charge of returns. [Interruption.] No, this is an important point to make. The right hon. and learned Member for Holborn and St Pancras (Keir Starmer), during his campaign to be leader of the Labour party, campaigned to close detention centres. Dozens of Labour MPs have campaigned against immigration removal centres, and numerous Labour MPs have sided with dangerous foreign criminals versus the British public, opposing their removal from this country. The Labour party, including the hon. Member for Chesterfield (Mr Perkins), opposed our reforms to modern slavery legislation—reforms that were essential in order to remove people from this country expeditiously. While we are getting returns up—as I said in my statement, they have already risen substantially—I worry what would happen under the Labour party, because it has absolutely no strategy to tackle that issue.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I re-emphasise the importance of answering on responsibilities that the Minister has.

[Richard Drax (South Dorset) (Con)]

I thank my right hon. Friend for the very helpful telephone calls I have had during the summer concerning the Bibby Stockholm barge, which is in Portland port in my constituency—something that the majority of us oppose, as he knows. We do not have any migrants on board due to the legionella problem, and I understand that the Government are facing various legal actions, not least from the Fire Brigades Union. Could he kindly update me and my constituents on the situation concerning that barge, and when and if the migrants will return?

--- Later in debate ---

[Craig Mackinlay (South Thanet) (Con)]

My right hon. Friend will be aware of an unwritten deal, but a deal based on trust, that east Kent would not be facing any accommodation because of the pressure that Dover is obviously facing and the pressure we have in Manston as a primary dispersal centre. So he can imagine my displeasure that a hotel in Cliftonville, the Glenwood Hotel—a small facility of just 21 rooms—is being readied to be set up on 20 September. I am unhappy about this because of, as I say, the deal based on trust because of the pressure that east Kent is bearing. I would certainly hope my right hon. Friend will intervene to make sure that this pretty insignificantly sized facility will be withdrawn.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just a quick reminder that we must have succinct questions because we have a lot to get through later.

[Robert Jenrick]

I would be very happy to take a look at that, and I completely understand and appreciate the unique pressures that Kent faces.

Retail Crime

Baroness Winterton of Doncaster Excerpts

Wednesday 19th July 2023 Commons Chamber

[Ian Paisley]

On a point of order, Madam Deputy Speaker. I think a point of order is the only way in which I can say this. I want to thank the Minister, because his was one of the most helpful responses I have ever received during an Adjournment debate. I just wanted to put that on the record.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Gentleman for his point of order. It was rather removed from the actual Standing Orders, but there we are; I am sure that the Minister appreciated the hon. Gentleman’s words.

Question put and agreed to.

Illegal Migration Bill

Baroness Winterton of Doncaster Excerpts

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

Lords amendment 103B disagreed to.

[Madam Deputy Speaker (Dame Rosie Winterton)]

In Division No. 304, four Members nodded through the No Lobby were not included. So the result should have been: Ayes 284, and Noes 226.

After Clause 60

Ten-year strategy on refugees and human trafficking

Motion made, and Question put, That this House disagrees with Lords amendments 107B and 107C.—(Robert Jenrick.)

Illegal Migration Bill

Baroness Winterton of Doncaster Excerpts

Tuesday 11th July 2023 Commons Chamber

[Tim Loughton]

I think we may have to, because that is certainly not my understanding. There are Henry VIII paragraphs in clause 10 that still give ultimate discretion to the Secretary of State, with or without what is going to happen to clause 12. I am afraid that is symptomatic of the continuing problems with the Bill. It has become so complicated, there are many double negatives within it and only last night, at about 7.45 pm, did the Government publish their amendments, which we had just a few hours to scrutinise before today’s debate.

This matter needs proper explanation and it has not been properly explained. The assurances that we were promised have not materialised—or, if they have, I am afraid no one understands them. On that basis I am afraid that we, and I hope I speak here for many on the Government Benches, cannot take these amendments in lieu at face value. More work needs to be done. I hope this House will make sure that this matter goes back to the Lords in order for further concessions to be given. Clause 10 certainly needs to be overhauled.

If we go back to the Borders, Citizenship and Immigration Act 2009, there was a clear duty on the Secretary of State. Section 55(3) states:

“A person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Secretary of State”

for that purpose. There is no such undertaking in this Bill about having to observe and abide by guidance. Why not? Perhaps the Minister will come back to that in his response later.

The Minister keeps referring to the Detention Centre Rules 2001. They certainly need an overhaul, but I repeat my earlier point: they are all about things such as clean clothing, access to nutritious food, respect for religion, family visits and so on. Where are the special provisions for support services specifically for children, the child psychologists, access to social workers and other child support? That is what age-appropriate accommodation and support means—not just a suitable house that, without wishing to labour the point again, may or may not have cartoons on the walls.

Also, the Government have to admit that although those detention laws have been in place since 2001, that did not stop young children, and young children with families, being detained, for upwards of two weeks in some cases, at Manston, and certainly not in age-appropriate accommodation. Frankly, I am afraid that the system is not working now, yet we are looking to dilute the age-appropriateness of what is now on offer. That is where we on the Conservative Benches have serious concerns, and it is not just us: many children’s charities are concerned, and the Children’s Commissioner said:

“The Home Office has still not been able to provide me with vital information I have requested about the safeguarding of children in their accommodation. I am therefore unclear about how they can make informed assessments about the impact of the Home Office accommodating children without having this data.”

We were led to believe that there would be clear distinctions for children who are clearly and genuinely children: they would be detained for no more than eight days on the way in as well as, potentially for a few, on the way out; they would have age-appropriate accommodation; and there would be some form of foster care, children’s homes or whatever it may be. There would then be differential accommodation for those for whom there is an age-verification question mark. We do not know if that accommodation exists, what sort of accommodation it will actually be, or how we will separate adults from those who turn out to be children.

The Minister assured us that if age-appropriate accommodation was not available for that subset, they would be treated as children and subject then to the lesser restrictions on genuine children. That is not in the amendment and it is still not in the Bill. What and where is the available accommodation for children and for disputed children? What is the legal status of detained unaccompanied children during that eight-day period, where it applies to them? What local authority duties apply on arrival and for the eight days, and what is the Home Office responsible for in those eight days? Do the children retain looked-after status while detained, or does the Home Office propose that that status ceases, as with a custodial sentence?

Those are, I am afraid, all the questions to which we needed answers, but we are still in the dark with the amendments tabled in lieu, which is why we just cannot support them. This is a far cry from the undertakings in the Immigration Act 2014, which states:

“An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours”.

In the absence of a suitable amendment in lieu covering all those considerations, as promised, I am afraid that we must oppose the amendment in lieu. Although it would revert to Baroness Mobarik’s amendment to return to the 24-hour status quo, which is not practical, I agree—we will have to come up with something more—that is all that is on offer at the moment.

I will be very brief, Madam Deputy Speaker, because I have broken my pledge. I was pleased that we got safe and legal routes on to the face of the Bill, and that some concessions were made in this place on the understanding that they could be beefed up in the House of Lords. That is what the noble Baroness Stroud’s amendment would do. Clause 59 only accepts a duty to produce a report—a work that requires consultation with local authorities. That should be happening now; it should have started months ago, so saying, “Oh it is going to take several months; we need to do the consulting” is nonsense. That work should already have started.

All the clause amounts to is a loose assurance that something will come in by the end of next year, and it is not in the Bill. The Baroness Stroud amendment seeks to make regulations come in within two months of the report. As she said on Report, her amendment

“is designed purely to place a duty on the Government to do what they say they intend to do anyway—introduce safe and legal routes”.—[Official Report, House of Lords, 5 July 2023; Vol. 831, c. 1248.]

That goes beyond just reproducing a report on how they might do it.

That is what we need to see, and it is why I will vote against the amendment in lieu of the child detention. I will vote in favour of the Baroness Stroud amendment on safe and legal routes. I will certainly not repeat everything that was said by my right hon. Friend the Member for Maidenhead (Mrs May), but she made a strong case, and I am tempted to follow her into the Division Lobby on the Randall amendment as well. Those are the three main areas. There is still much more work to be done on the Bill, so that is how I will vote, and I urge hon. Friends to do the same.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I remind Members that the debate has to finish at 5 o’clock, so please bear that in mind when making speeches. I call Dame Diana Johnson.

[Dame Diana Johnson]

Thank you, Madam Deputy Speaker; I will try again.

I want to start by agreeing with the Minister about the vital role that the other place plays as a revising Chamber in asking us to look again, particularly when we have not had pre-legislative scrutiny of a draft Bill and when, as I think most Members would agree, this legislation has been rushed through Parliament. I echo the comments of the hon. Member for East Worthing and Shoreham (Tim Loughton) about how complicated the Bill has got and the fact that we have not had much time to consider the amendments tabled by the Government late last night.

I also want to say at the outset that, in our report on small boats last year, the Home Affairs Committee made it very clear that it was not the number of people coming across in small boats that has overwhelmed the asylum system but the failure to process the asylum applications that have been made over a number of years. The Home Office has allowed the backlog to grow—it is now over 170,000—which has the effect of gumming up the system, and that is why we are spending £7 million a day on hotels. I know that the Home Office has in train plans to deal with the backlog, and the Prime Minister has said that the legacy backlog will be cleared by the end of the year. We all want to see that happen; it is in no one’s interest to see that backlog grow even more.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

It is quite important that we think of others and remember that, as I said, the debate finishes at 5pm. I call David Simmonds

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

Thank you, Madam Deputy Speaker. I will endeavour to be swift and to the point. Like the hon. Member for Westmorland and Lonsdale (Tim Farron), I must draw the attention of the House to my entry in the Register of Members’ Financial Interests as someone who is sponsored by the Refugee, Asylum and Migration Policy project—RAMP—to provide research capacity.

As the Minister outlined, the UK has proved willing to rise to the challenge of the international refugee situation, with 550,000 people settled in the UK through humanitarian routes. In 24 years in a local authority covering the area of Heathrow airport, I certainly have experience of being on the receiving end of many different sets of Government policy—not just from the coalition and Conservative Governments, but from Labour Governments, too—many of which sounded very good when debated in this place but which did not always work in contact with the real world. I would express the concern that until we have a fully comprehensive asylum visa system, we will not have full control of the way in which we interact with the global refugee situation.

I want to see this policy pass through Parliament and be implemented in a way that works operationally to stop the boats and deliver all the other objectives that Members throughout the Chamber broadly support. There are clearly plenty of disagreements about the detail, but none of us wishes to see the continuation of the cross-channel traffic in human misery and criminal activity that the Bill seeks to address. I know that my constituents share the concern, beautifully expressed earlier, about the fact that we, as British people, believe in the fine old British tradition of queueing. When we see people using criminal means to jump that queue at a time when our country is seeking to be more compassionate through resettlement in a global world, we are concerned about that.

I remain concerned about a number of aspects of how the Bill will operate in the real world. It is enormously positive that the courts decided, having considered the matter, that the Rwanda policy was lawful and compatible with the UK’s international human rights obligations, but we cannot provide sufficient evidence of the effectiveness of one element of our agreement with Rwanda. That element is one example of the things that could, operationally, derail what we all agree are worthy objectives in the Bill. I took part in the Joint Committee on Human Rights evidence session that considered modern slavery in detail, and that has convinced me to follow the lead of my right hon. Friend the Member for Maidenhead (Mrs May) this evening.

We need to ensure that we live up to the standards we have set for ourselves in this House, and that the positive obligations that much legislation, including the Modern Slavery Act 2015 and the Children Act 1989, places on our public authorities do not undermine the objectives of the Bill. Detention is a good example of that. I totally agree with what the Minister said about his approach to the detention of unaccompanied minors. A major challenge for Hillingdon Council was the arrival of unaccompanied children at Heathrow airport. The right hon. Member for Hayes and Harlington (John McDonnell) will know that many of them were accommodated in his constituency, at Margaret Cassidy House and at Charville Lane children’s home, both of which I visited.

It was at the point of arrival that those children were at the greatest risk from traffickers. The right hon. Gentleman will remember examples of traffickers arriving on Bath Road to collect girls whom they had targeted for trafficking. We as the local authority were powerless to stop that, because there was no power of detention that we could use to keep those young people safe. In one case that I am aware of, Hillingdon recovered a girl from the sex trade on the continent of Europe, after six months of tracking her from place to place. During that time, she suffered a great deal of abuse, which potentially could have been prevented if we had been able to intervene more swiftly at the beginning.

I am entirely sympathetic to the Minister’s motivations for introducing provisions on that issue, but these questions need to be answered: who will ensure that the places where those children are accommodated and detained are of an appropriate standard? What discussions have taken place with local authorities, such as Hillingdon and Kent, to ensure that a secure estate, based perhaps on secure children’s homes, is available, so that the children coming through the system can be appropriately accommodated? What arrangements have been made with Ofsted—in my view, it is Ofsted, rather than the chief inspector of prisons, that needs to regulate this—to ensure that regulation will give us confidence that the accommodation for children, and for families, is appropriate for children?

Finally, I have asked this question many times, but I do not get the sense that we have reached an appropriate answer. The Bill sets out how individuals are to be dealt with under the asylum and immigration process, but it does not take away the obligations on local authorities under the Children Act, the Children (Leaving Care) Act 2000 or the Modern Slavery Act, or the other many obligations on local authorities. Members will say, “Let us pass this legislation and demonstrate that we are tough, and wish to stop the boats,” but in six months, will we be looking at a slew of judicial reviews that say that the policy was in conflict with the obligations on local authorities and the police under the Modern Slavery Act and the Children Act, and is therefore not effective?

If the Minister wishes to enjoy the full confidence of all Conservative Members, and wishes them to vote with the Government tonight and over the next few days, I urge him to address those points. Literally decades of policies from Governments of all parties have not quite managed to get to the heart of these issues. He must demonstrate that this policy will do that, and that it has properly covered all bases across government. He must demonstrate that the policy does not leave us vulnerable to finding that the boats do not stop coming; that the frustration of the challenges continue; and that people continue to die. This country wishes to show that it will not walk on by and ignore the needs of refugees, that we will be compassionate, and that we will prioritise our resources on international and global resettlement.