Economic Crime (Transparency and Enforcement) Bill

Sammy Wilson Excerpts

2nd reading
Monday 7th March 2022 Commons Chamber

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

We all know that a week can be a long time in politics but, amazingly, it is just 40 days since the resignation of Lord Agnew, who cited, among other things, that he thought the Government would not be willing to bring forward an economic crime Bill this year as his reason for walking out. That statement was of huge concern to many of us. The urgent question that we asked on that matter showed the coalition that exists on both sides of the House which wants real action to be taken on those issues.

Having listened to the Second Reading debate today, I think it is clear that the coalition has assembled again. It should not have taken Ukraine for the Bill to happen, but at least we have the first stage of the legislation. I counted 19 contributions from Back Benchers, all of whom agreed that the legislation should proceed. The Opposition also welcome the Bill and what it contains. There are things that we want to strengthen but we are clear that we will work with the Government to secure its passage today.

As was evident from the beginning of the debate, however, the Bill is not the totality of what is required. Other reforms, such as those to Companies House and to Scottish limited partnerships, must follow. The economic crime Bill promised in the next Queen’s Speech must be presented in the early part of the next Session and must make those reforms. I was in conversation with the Minister for much of last week. I welcome the assurances that have been given and that the Home Secretary gave from the Dispatch Box when she opened the debate.

The Bill covers three main areas: the register of overseas entities, the changes to unexplained wealth orders and the changes to the sanctions regime. I will cover all three. The main part of the Bill deals with the register of overseas entities, on which many hon. Members understandably focused. I very much agree with the hon. Member for Amber Valley (Nigel Mills) that that should be considered a mainstream part of a healthy transparent economy, and that it is not economic warfare to expect that level of transparency—to tell us for the first time who actually owns property in the UK and to make that information publicly available. I have long believed that transparency in this area is essential. Football clubs and luxury yachts get attention because they are visible. What I want to know is who owns the property in plain sight all around us, not just because of oligarchs and their position in the Putin regime, but because of the money launderers and the tax evaders. We have needed transparency in this area for years.

[Sammy Wilson (East Antrim) (DUP)]

Does the hon. Member accept that it is one thing to have a register and insist that people fill in the register and fill it in honestly, but it is another thing to ensure that that register is properly checked? Without the resources, skills and acumen to do that, this could become just another piece of legislation that people can bypass.

[Jonathan Reynolds]

I understand the right hon. Member’s scepticism, and he is of course right to acknowledge, as we have heard many times in this debate, that any measures are only as good as the enforcement mechanisms that exist and the resources behind them. What is significant about a register of property is that, if we do it properly, we can essentially prevent the sale of a property, because we can refuse to register the new ownership unless the measures have been followed. However, his argument about the wider reform required, certainly in relation to Companies House, is absolutely well made, and that is why the second piece of this legislation—the second Bill—is so essential.

Future Immigration

Sammy Wilson Excerpts

Wednesday 19th December 2018 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

I welcome the assurance that those who are already living in the UK will have their rights protected. It is a great pity that the EU was prepared to use those people as a negotiating ploy in the negotiations. Given the cap of £30,000 suggested in the White Paper, what assurances can the Secretary of State give me that areas such as Northern Ireland will have access to labour from outside the United Kingdom if it is required, owing to skills shortages, to keep production going?

[Sajid Javid]

I thank the right hon. Gentleman for welcoming the scheme for the 3 million-plus EU citizens living here, whether in Northern Ireland or anywhere else in the UK. They are welcome to stay and indeed we need them to stay. I said earlier, and I say again, that whether we have a deal or no deal, that scheme and their rights will be protected. On the specific issue of Northern Ireland and regional shortages, we have in the White Paper committed for the first time to a separate shortage occupation list for Northern Ireland, which I think will make a big difference.

European Union (Withdrawal) Act

Sammy Wilson Excerpts

Wednesday 5th December 2018 Commons Chamber

[Sajid Javid]

I always listen carefully to what my right hon. and learned Friend has to say on all matters. It is correct that this is one way to ensure, in that all-important border, completely frictionless trade, but I do not accept that it is the only way to do that. Although it is recognised in the agreement, under the backstop arrangement, that this is a way that clearly has been foreseen by this agreement, there are, as I said a moment ago, potentially other ways that that can be achieved, and it is right that we properly explore all possible alternative arrangements.

[Sammy Wilson (East Antrim) (DUP)]

Rather than listen to the advice of the Father of the House, will the Secretary of State listen to the advice of the Taoiseach of the Irish Republic, Mr Juncker and Michel Barnier in the EU and his own Government, all of whom have said that, in the event of a no deal or of any kind of deal, they would not impose a hard border between Northern Ireland and the Irish Republic, so, quite clearly, it must be possible to do this, despite the comments of the Father of the House.

[Sajid Javid]

What the right hon. Gentleman highlights is that it is important to listen to all voices. Again, it points to the fact that, although this is one arrangement, it is right that we look and continue to explore to see whether there are other arrangements that can lead to a more permanent and more easily acceptable outcome.

--- Later in debate ---

[Joanna Cherry]

I agree, and part of the reason why the language has been so toxic is that we have been talking not about the reality of the situation but about a perceived reality.

A Labour Member who is no longer in his place made a point earlier that I entirely agree with: the Conservatives have through their policies created a great deal of poverty across the UK. Wales and Scotland have to an extent been protected from that because we have had different devolved Governments, but I notice as I travel around provincial England that the infrastructure is not in as good condition as it is in Scotland. No social housing has been built here for years, too; in contrast we are building a lot of social housing in Scotland. Many working-class people in England have been led to believe that the cause of their woes, such as the fact that they cannot get a house or a well-paid job—they can get a job, but not a properly paid job—is the immigrants, when it is the fault of this toxic Conservative Government.

Under the withdrawal agreement, EU citizens who are already here will not continue to enjoy the same rights that they enjoy now; they will continue to enjoy some rights, but not the same rights. They will lose their lifelong right of return, they will not have the same family reunification rights, and they will get no protection from inadvertently becoming undocumented illegal citizens—and, my goodness, the Windrush scandal has taught us what happens to undocumented citizens who are lawful citizens in this country. God help EU citizens who find themselves undocumented illegal citizens. Do not take my word for it; take the word of the National Audit Office and reports of various Committees in this House. And in order to hang on to the rights they already have—not to get a passport, but to get the digital identity that means they can hang on to the rights they already have—fees will be imposed on EU citizens. In Scotland, the Scottish Government have said they will pay those fees for those working in the public sector, but now it appears that there might be a bit of a tax-catch in relation to that, and I am looking forward to the Conservative Government addressing that properly, and perhaps extending the same largesse that the Scottish Government have to people working in the public sector south of the border.

I am going to touch briefly on the security, justice and law enforcement issues. As other Members have said, it is simply impossible for us as a third country to have the same degree of security, justice and law co-operation that we previously had, and, in fairness, the Home Secretary recognised that. But one of the things that has concerned those of us who represent Scottish constituencies—or some of us, at least—and the Scottish Government and commentators in Scotland most about this process has been the abject failure of the British Government to recognise that Scotland has a separate civil and criminal justice system. This is not about devolution; this is about the Act of Union. Scotland has had a separate legal system forever, and it is protected by the Act of Union. Yet our separate criminal justice system, our separate civil law system, and our separate Law Officers have not been consulted properly on the impact of these matters on the Scottish legal system. As we know, there is no mention whatsoever of Scotland in the withdrawal agreement or the political declaration. A lot of other much smaller regions get a mention, but not Scotland. This is not fanciful; I know, because I used to work in the Crown Office and Procurator Fiscal Service, that co-operation across Europe has made a huge difference to law enforcement in Scotland, and if we lose that, we will be worse off as a result.

As I said earlier, today is a day for looking at the bigger picture. Speaking as someone who represents a Scottish constituency and as someone of Irish parentage, I see the bigger picture of the whole Brexit process as a tale of two Unions: the Union that is the United Kingdom and the Union that is the European Union. There are extremely stark differences between the ways in which the members of those Unions treat one another. So far as Ireland, north and south, is concerned, British politicians largely overlooked the threat that Brexit posed to the Good Friday agreement until after the referendum, and even then, many of them—particularly on the Conservative Benches—were and still are unable to accept the reality of the legal obligations that the United Kingdom undertook in that agreement. That old anti-Irish xenophobia that people like my mother remember so well has raised its head again, even to the extent of some on the Conservative Benches talking about the Irish tail wagging the British dog, and other such insulting metaphors. However, because the EU27 got behind the Irish Government’s legitimate concerns, they became central to the Brexit process. Conservative politicians—not all of them, but some—and indeed a few on the Benches behind me, waited in vain for the EU27 to crack and throw Ireland under the bus. That did not happen, and it is not going to happen.

I was at an event recently where the distinguished professor of modern history at University College Dublin, Mary Daly, remarked that the current situation in this House had uncanny echoes of what happened here 100 years ago when the electric politics of Ulster determined what happened at Westminster. It is quite ironic that that should be so, given that we are shortly to celebrate the 100th anniversary of the election of the first female MP to this Parliament. She was of course the distinguished Irish nationalist, the Countess Markievicz, who went on to be the first woman Cabinet Minister in western Europe. The truth is that the problems that arose as a result of partition have come back to haunt this House as a result of the Brexit process, but I believe that something that unites us all is that we want to see peace being kept in Northern Ireland.

[Sammy Wilson]

Does the hon. and learned Lady accept that the Republic of Ireland actually has been thrown under the bus but does not realise that the wheels are running over it? If this agreement goes through, a border down the Irish sea will affect not only Northern Ireland but the Republic of Ireland, whose main market is GB and which takes its goods across GB, using it as a land bridge. It will find checks not just at Holyhead but at Dover.

[Joanna Cherry]

No, I do not accept that. I speak regularly with politicians from all parties in the Republic of Ireland and that is certainly not how they see matters. In fact, politicians, businesses and the wider community in the Republic are broadly very happy with the way in which the European Union has dealt with this. It is sometimes conveniently forgotten in this House that Northern Ireland voted to remain in the European Union. It is forgotten partly because Northern Ireland has not had the democratic voice of its Assembly during this time. It is only the voice of the right hon. Member for East Antrim (Sammy Wilson) that has been heard here in relation to Northern Ireland, but his party, the Democratic Unionist party, does not represent the majority of people in Northern Ireland, who voted to remain. The Prime Minister has refused to meet the Greens, the Social Democratic and Labour party, Sinn Féin or the Alliance, which is quite disgraceful.

Meanwhile, in Scotland, the people voted to remain in the EU by an even more substantial margin than that of Northern Ireland. It was 62%, and polls show that if a vote were held tomorrow, the figure would be nearer to 70%. Despite that, the Scottish Government have concerns. They are a democratically elected Government, although I know that those on the Conservative Benches like to call them the SNP Government and pretend that they have no legitimacy. They were elected democratically, and their legitimate concerns, which are often supported by other parties in the Scottish Parliament—as they will be today when the Liberal Democrats, the Greens and Labour will vote with the SNP to try to protect Scotland from the consequences of Brexit—have been wholly ignored. We can only look on with envy as the concerns of the Irish Government are placed centre stage in Brussels. Unlike Northern Ireland, Scotland has had a strong and functioning Government and Parliament during this process that have been well able to express their views, but that has not protected us. This Brexit process has highlighted the limits of devolved—as opposed to independent—government.

--- Later in debate ---

[Sammy Wilson (East Antrim) (DUP)]

It is an honour to follow the hon. Member for Ludlow (Mr Dunne), although I do not agree with his analysis of this agreement, nor will I be voting in the same manner as him next Tuesday. He talks about the importance of supporting this deal because we have to get on with delivering on the view of the people of the United Kingdom to leave the EU, but this deal does not do that. It does not deliver on the referendum result, nor does it deliver on the promises and the manifestos on which his party, my party and the Labour party stood at the last election, when people gave a second endorsement to the belief that we are better off out of the EU. This deal, because of its concentration on a mythical problem that will exist between Northern Ireland and the Irish Republic when we leave the EU, has tied the United Kingdom into a range of measures that will damage the economy and damage the Union.

[Paul Girvan]

I have just attended an event with a hand-picked group of businesses and organisations that the Secretary of State requested, and they told me to support this deal. Why are they so wrong?

[Sammy Wilson]

I will go through the reasons why they are wrong. This deal emphasises a mythical problem on the border—a problem that does not exist. The current practice means that trade can go across the Irish border, with taxes being collected, with goods being checked for conformity with regulations and with animal health being protected, yet we do not need a hard border. Indeed, all the parties to this agreement have said that they will not, in any circumstances, have a hard border. Only a couple of weeks ago, the EU and the Irish Government were assuring us that even if there is no deal, a hard border will not be imposed, because a hard border is not necessary. What we have in this withdrawal agreement, with the Northern Ireland protocol and the UK protocol, is designed to do only one thing: thwart the wishes of the people of the United Kingdom to leave the EU.

That is because we have only a number of options. The UK as a whole could stay in the single market and the customs union. If the Government wish to free themselves from that, Northern Ireland has to stay within the single market and the customs union. I defy any Member of this House to say that they could go back to their constituents, tell them what the Attorney General told the Cabinet was going to happen to their constituents and find that they would not be chased. First, their constituency would have to regard the rest of the UK as a third country, with the implication that they could not trade freely with the rest of the UK. They would have barriers placed between their part of the UK and the rest of it, and businessmen would face all the impediments. Indeed, the legal opinion makes it clear that there would be friction in trade—in other words, there would be additional costs, delays and barriers, and there would be distortions to trade, yet that is what this agreement entails for Northern Ireland.

We can get out of that only by doing one of two things. First, we could reach a future trade arrangement that the EU says is sufficient to allow us to be out of that arrangement completely. It could even insist that if we reach a free trade arrangement, we still have partly to stay within those restrictions, including more than 300 EU regulations which would be applied to Northern Ireland. Just in case the EU has missed any, it says, “Any future new ones that fall within the scope of this would also have to apply”, so we would have different laws from the rest of the UK.

[James Heappey]

The Northern Ireland national farmers union has made it clear that the Prime Minister’s deal is in the best interests of farmers in Northern Ireland—why is it wrong?

[Sammy Wilson]

This is a surprising thing. If the Ulster Farmers Union read this agreement, it would see that article 12 of the Northern Ireland protocol makes it clear that because state aid rules would apply to Northern Ireland, even if this UK Government decided to subsidise agriculture, the EU could cap any subsidy. The subsidy could apply differently in the rest of the UK from how it could apply in Northern Ireland. I could take Members through a range of other things in this agreement that the UFU conveniently has just dismissed but that will have an impact on its members. That is one reason why many farmers in my constituency are raging with the UFU.

One way of getting ourselves out of this is by having a free trade arrangement, which the EU may or may not deem as allowing us to get away from these shackles. The Attorney General makes it clear that although best endeavours to reach a free trade agreement are required, the EU could still argue, “We have done our best but it is still not in our interests.” Sixteen years later it could still be arguing, “We are doing our best” and still not be in breach of the obligations in this agreement. We know—Scottish Members should be aware of this—that the French Government have already said that they will use this as a cudgel to get further concessions from the UK Government on fishing, aviation and other things. Every other EU country will be doing the same and using the same tactic, so that is not an easy way out and we could still be negotiating this.

Significantly, the other method of getting out is for us to extend the transition period. There is great ambition shown in the withdrawal agreement about extending the transition period. Many people think that when we talk about extending the transition period we are talking about a few months. Well, according to the document it could be extended to “20XX”—we could still be at this in 100 years. This place could be refurbished, or even rebuilt, by the time we have got a free trade arrangement to replace the backstop.

The impact of this agreement on the constitutional integrity of the United Kingdom is that Northern Ireland would be treated differently from other parts of the United Kingdom, which is something the Prime Minister promised would never happen. Northern Ireland industries are more export-oriented than any other region of the UK, because we have a small local market. We produce a third of the world’s aircraft seats. If someone has sat in row C or F, they have probably sat in a seat made in Kilkeel. We produce 40% of the world’s stone-crushing equipment. All that goes to markets mostly outside the EU, yet we would be excluded from participating in any trade deals that our Government might arrange with the rest of the world because we would be permanently part of the customs union unless the backstop were lifted. The backstop can be lifted only if and when the EU decides it is time to lift it.

I say to those on the Government Front Bench that we had an arrangement to keep the Government in power and working between now and the end of this fixed-term Parliament. Promises were made. In December, we sat with the Prime Minister in Downing Street and she said, “I will make sure that Northern Ireland has the final say in this because the Assembly will be the final arbiter as to whether or not these arrangements are put in place.” Those promises were taken out of the agreement. There has been bad faith. The agreement and understanding that we had has been broken. As the right hon. Member for Forest of Dean (Mr Harper) said in his speech, that has caused tensions. Going down this road will create tensions. We want to see our agreement honoured because we want to see the United Kingdom preserved.

Foreign Fighters and the Death Penalty

Sammy Wilson Excerpts

Monday 23rd July 2018 Commons Chamber

[Mr Wallace]

The new Counter-Terrorism and Border Security Bill increases some of the maximum sentences available. On the wider area of my hon. Friend’s point about prevention, that is why we embrace and promote the Prevent policy in Contest.

[Sammy Wilson (East Antrim) (DUP)]

These terrorists sneaked out of the UK to join a bunch of murderers who were at war with this country, and they then publicly boasted about beheading and torturing innocent hostages. Does the Minister not agree that it would be a betrayal of their victims and of this country if he did not supply information to the United States which would enable these people to be brought to justice and held to account, and that our only concern should be that that is what happens and that the US courts hand out whatever sentence they believe these people deserve?

[Mr Wallace]

It is of course a general policy and principle that we will do what we can to help acquire or share evidence with our allies to bring to justice people who have perpetrated violence through terrorism or any other offence against citizens, whether our citizens or those of other countries. I will not talk about this individual case and the United States, but the reality is that we should, of course, work to make sure that people face justice, but that justice must be in line with international law and our values, and with the due process that should be awarded to people who are innocent until proven guilty.

Jamal al-Harith

Sammy Wilson Excerpts

Thursday 23rd February 2017 Commons Chamber

[Mr Wallace]

My hon. Friend makes an important point that the whole way in which we can tackle this threat is by working together both internally in the United Kingdom at our borders between all the agencies—SO15, the intelligence services, the home police, Border Force and everything else—and with our international partners. We do that more and more to ensure that when people threaten to come to this country or to leave and do harm elsewhere, we interdict them, deter them and deal with them to the best of our ability.

[Sammy Wilson (East Antrim) (DUP)]

It is a pity that we have not heard any regret at all from the Labour party, which lobbied intensely to have this dangerous terrorist released in 2004. Given the fact that this man was on the loose, can the Minister explain why and how our security was so slack that he was able to leave the country and to use the funds available to him to finance terrorism and kill people?

[Mr Wallace]

The hon. Gentleman knows, from his own personal experience, the efforts that go into countering terrorism—the resource, the man hours, the risks taken. As a Northern Ireland Member, he will also know that it is an “easier said than done” job. It is very hard to deal with all the threats every day, and people have to make judgments. It is important to understand that we can rarely advertise our successes, whereas unfortunately, in some cases, people choose to focus on other areas that come to light. It is important to remember that people make judgment calls in good faith to keep people safe, and it is not an easy thing to do. I have the highest regard for our intelligence services and police, who have to make life-and-death decisions every day without any reward, recognition or benefit.

Calais Jungle

Sammy Wilson Excerpts

Monday 10th October 2016 Commons Chamber

[Amber Rudd]

The hon. Gentleman, I am sure, will have heard my comment earlier that this is not about the budget; it is about having the absolute determination and focus to make sure that we address the need to take those children out, where there is a legal right to do so. I hope that I have reassured him and the rest of the House that we will be doing that as the French move towards their clearances.

[Sammy Wilson (East Antrim) (DUP)]

I recognise the genuine efforts that the Secretary of State has made to deal with this very difficult issue—an issue that has captured the hearts of many people across the United Kingdom. However, does she not recognise that as long as the criminal gangs who bring these people to our shores are free to operate, the problems we are dealing with today will re-emerge tomorrow? What action is she taking to ensure stiffer prison sentences, the seizing of assets, and co-operation with other Governments to cut down the international network that these gangs have, and to cut off the routes by which they bring people to the United Kingdom?

[Amber Rudd]

The hon. Gentleman is absolutely right: the people really profiting from this are the criminal gangs who deal in this terrible crime of trafficking children and people. We are working internationally, and primarily across the EU, to ensure that we stop these gangs and, where we can, disrupt them, so they stop this heinous crime.

EU Referendum: UK-Ireland Border

Sammy Wilson Excerpts

Tuesday 19th July 2016 Westminster Hall

[Sammy Wilson (East Antrim) (DUP)]

You have probably chosen the wrong person to do that, Mr Hollobone, but thank you for calling me to speak. It is a pleasure to serve under your chairmanship.

Despite the fact that we have blue skies outside and are probably experiencing a heatwave, the hon. Member for Belfast South (Dr McDonnell) has brought clouds of doom and downpours of gloom to this room today. May I say just three things? First, he has made a big play of the fact that the majority of people in Northern Ireland voted to remain in the EU, but the important thing is that the majority of people in the United Kingdom, in a United Kingdom referendum, voted to leave the EU.

Secondly, the hon. Gentleman said that we are already experiencing the shockwaves from that vote. Given that since the day the referendum result was announced, we have had an outpouring of efforts to talk the economy down by the bad losers in this debate, it is surprising that the economy and other things have not been far worse. Let us look at some of the rays of sunlight that are already coming through the gloom that he has brought in today. The biggest investment in financial services by a far eastern company—£24 billion—has been announced this week. Already, Australia, America, New Zealand and other countries are talking about new trade agreements. And rather than jumping ship as he said they were, some of the people who were at the forefront of the referendum debate are now in the lead. They are at the helm of the ship, and I have no doubt that it will be steered to a safe haven.

Thirdly, let me deal with the border, which was one of the scare stories used by those who tried to persuade people in Northern Ireland that leaving the EU was not in their interests. We have heard the same rhetoric today, but there is no substance to it. Here are the facts. The Irish Government have said they do not wish to have border controls. The British Government have said they do not wish to have border controls. The Northern Ireland Assembly has said it does not wish to have border controls. Historically, the common travel area has worked effectively and ensures that there is no need for border controls. The Irish Government chose not to be part of the Schengen arrangements. Why? Because they value the free movement of people between Northern Ireland, the rest of the UK and the Irish Republic.

Why would the Irish Government wish to open their doors and allow people freely to move into the Irish Republic, hoping that if they were economic immigrants, they might move on to the United Kingdom, or if they were coming in to do terrorist deeds, they would not do those deeds in the Irish Republic? It is in the interests of the Irish Government to do checks at ports of entry. Indeed, they already do them, and I believe that that is possible. When the previous Government—the spokesman for the Labour party, the hon. Member for Ealing North (Stephen Pound), may accept this—talked about e-borders, the first thing they did was to negotiate with the Irish Republic about how the e-borders arrangements for the United Kingdom could effectively be policed at points of entry into the Irish Republic, and the Irish Republic Government showed a willingness to do that and to work with those arrangements. We have had such checks historically, and I believe that we can negotiate to ensure that those stay in place.

Investigatory Powers Bill

Sammy Wilson Excerpts

Tuesday 15th March 2016 Commons Chamber

[Joanna Cherry]

The Home Secretary misunderstands my complaint—it is not about the fact that the material has been produced. My complaint is that the material has been produced with a timescale following thereon that is not sufficient for us to scrutinise it properly. I must make something crystal clear before I go any further: the SNP will not be morally blackmailed or bullied by Conservative Members into blind support for a Bill of dubious legality in some respects, which seeks powers that go beyond those of other western democracies. We are not going to tolerate any suggestion that by seeking proper scrutiny of the Bill and full justification for the far-reaching powers sought, we are being soft on terrorism and serious crime. I would associate myself with the other main Opposition party in that respect.

Let me give hon. Members an example of why they can be assured that the SNP is not soft on terrorism or serious crime. We have been in government in Scotland for nine years and we have shown ourselves to be a responsible Government. Although issues of national security are reserved, we have always co-operated closely with the UK Government, for example, when Glasgow airport was attacked by terrorists in 2007. Our record in fighting crime in Scotland is second to none. The Scottish Government have got recorded crime down to a 41-year low and we are committed to a progressive justice policy. We will not, therefore, stand accused of being “soft” on serious crime or terrorism, because that is simply not a fair statement to make.

In the coming years, we confidently expect to be devising the security policy of an independent Scotland, and it will be a responsible security policy that will not only seek to work closely with near neighbours on these islands, but will look to international models from other democracies and strive to take proper cognisance of international human rights norms and the rule of law. That is all we are about in our opposition and in our scrutiny of this Bill.

Our concerns about the Bill are not just our concerns. They are shared by: the parties sitting around me; many Conservative Members sitting opposite me; many of the members of three parliamentary Committees; non-governmental organisations; the technical sector; eminent legal commentators—more than 200 senior lawyers signed that letter in The Guardian today; communications service providers; and the UN special rapporteur on the right to privacy. [Interruption.] I hear somebody shout confidently from the Government Benches that the 200 lawyers who signed that letter are wrong. I suggest that he or she—I think it was probably a he—looks at the list of those who signed it and perhaps accords them a bit more respect; there is room for a difference of opinion here.

[Sammy Wilson (East Antrim) (DUP)]

For clarification, so that the hon. and learned Lady is not seen to be speaking for my party, may I ask whether she accepts that the balances in the Bill that the Secretary of State has outlined are, by and large, supported by people in Northern Ireland, simply because we have gone through the experience of terrorism and know how important such safeguards are for the general public?

[Joanna Cherry]

I always listen carefully to what the hon. Gentleman and his colleagues have to say because, as he says, they have experienced terrorism—indeed, they are, sadly, still experiencing it as a result of the tragic news we heard today. I apologise if I in any way included him in a sweeping statement, but I do not agree with him that the Government have got the balance right, and that is the whole purpose of my speech today.

The point I am seeking to make is that it is the job of a responsible Opposition not only to oppose responsibly and to scrutinise, but to articulate and inform public concerns. The public are concerned about this, and there is greater public knowledge about this Bill than perhaps there was last time around. A survey commissioned by Open-Xchange found that only 12% of the public believe that the Home Secretary has adequately explained the impact of the Bill to the UK public and presented a balanced argument for its introduction. I suspect that it is possibly a little unfair, pinning it all on the Home Secretary, because it is the responsibility of all of us in this House to inform our constituents about this Bill and where it is going.

Immigration Bill

Sammy Wilson Excerpts

Tuesday 13th October 2015 Commons Chamber

[Stuart C. McDonald]

I agree with my hon. Friend that the Bill holds that risk. I will turn in a moment to the criminalisation of working, which might cause that problem.

[Sammy Wilson (East Antrim) (DUP)]

The SNP spokesman is right that there should be a greater emphasis on employers who employ illegal immigrants, but does he accept that even the powers that the Government have at present are not being used against employers? Looking at civil penalty notices, less than half have been paid, a third have been written off and the rest remain unpaid. There does not seem to be enforcement against employers even under the legislation that is available.

[Stuart C. McDonald]

Once again, I agree absolutely with the hon. Gentleman. It has been a habit in the field of immigration to take the approach that if at first you don’t succeed, legislate and legislate again. We need not constant legislation but to use the powers that the Government already have.

The Government must focus on enforcement. We agree that we should look again at further sanctions for those who exploit undocumented labour. We will therefore look sympathetically but carefully at the wording of the proposed amended criminal offence for employers.

We have significant concern about the proposals to criminalise undocumented workers contained in clause 8. The notion of criminalising a person for working is controversial, especially given that prosecutions are already possible for breaches of immigration law under section 24 of the Immigration Act 1971, as the hon. Member for East Antrim (Sammy Wilson) said. The problem is an absence not of criminal sanctions but of proper enforcement measures by Government agencies. We believe strongly that the speculative possibility of shaving a small amount off the net migration target will be outweighed by the significant danger highlighted by organisations that work with victims of trafficking, and that some of the most vulnerable workers will be put in an even more vulnerable position. The Home Secretary and the Government have done good work on trafficking, slavery and exploitation, and it would be sad if that were to be undone by pushing exploited workers even further underground because of the fear of criminalisation. If that is the effect, such measures will make immigration and labour market enforcement harder rather than easier.

Another area where dangers outweigh speculative benefits concerns the right to rent provisions. The shadow Secretary of State referred to the helpful study by the Joint Council for the Welfare of Immigrants. Its findings are absolutely stark, and include poor compliance and widespread ignorance among the unfortunate landlords and landladies who are supposed to police the right to rent. More significantly, those findings suggest that landlords are—perhaps understandably—less likely to consider someone who does not have a British passport, which includes more than one in six of the UK population. There were also increased feelings of discrimination among people who have been refused a tenancy. We therefore object strongly to these proposals as they can only exacerbate such problems. We are equally opposed to the fact that the new more punitive measures—and indeed other measures on licensing—can be extended to Scotland by subordinate legislation without full parliamentary scrutiny in this Chamber, and without the consent of the Scottish Parliament, where decisions on housing should be made.

We have serious concerns about part 3 of the Bill which, in combination with other measures, would deliver a stunning extension of powers to immigration officers and others who are not part of the police force, and not trained or supervised accordingly. Although we intend to support the reasoned amendment, we have some difficulties with this area, and it would be useful if, when winding up the debate, the spokesperson for the official Opposition said a little more about what new enforcement powers they want.

The Bill provides immigration officers with significant new powers to enter premises, search, seize, retain and arrest, and all in the face of serious reported abuses and evidence of the inefficient exercise of existing powers. We agree with Amnesty International that

“the Home Office should be concentrating on improving its performance with the powers it already possesses rather than being handed still more powers”

and we would require the Government to make a strong case for each new power before we could support them.

Equally troubling new powers are provided to the Home Secretary on bail conditions, which we believe undermine the authority of the independent tribunal. We saw in September that there is widespread cross-party support in this Chamber for changes to immigration detention, but those are not the changes in the Bill. That cross-party support included demand for a 28-day time limit for immigration detention. If the Bill receives a Second Reading, we look forward to tabling an amendment that will include such a time limit, and we will happily work with others to secure that.

Continuing the trend towards a limitation of appeal rights, part 4 of the Bill provides for a sweeping extension of powers to require people to leave and appeal from abroad should an application for an extension of leave be rejected. Let us remember that huge numbers of these appeals are successful, yet they will become infinitely more difficult if appellants are moved hundreds, if not thousands of miles away from their lawyers and their appeal hearing—an unfair immigration trial in absentia. UK citizens will be affected, because if this issue principally concerns family life appeal rights, that disruption will be to family life with those British citizens—families will be split apart; valuable jobs and support will be lost.

Finally, we object to the fact that “destitution” is once more the immigration policy of choice in part 5 of the Bill. We share the concerns of British Red Cross that the provisions in this Bill, including an end to section 95 support for families with children who have exhausted their appeal rights, will force families with children into destitution and put them at risk of harm. Such a measure will also increase the risk of families absconding, and pass a significant increase in costs to local authorities who will still have a duty to prevent children from becoming destitute. The shadow Secretary of State rightly acknowledged a similar pilot project by a previous Labour Government, which found that 35 out of 116 families had disappeared, losing all contact with immigration services. Such measures make immigration control harder, not easier. Again, when the evidence is considered, it tends not to support the Bill.

These are not our only concerns with the Bill, and my hon. Friends will add to my criticisms. Declining the Bill a Second Reading is just a starting point, and the Scottish National party believes that we should be rolling back from the mistakes made by the coalition Government. We should go back to the drawing board to consider how we measure a successful immigration system. At the very least we should recognise that it is utterly inappropriate to include refugees, people’s husbands, wives and children, as well as bright young talent and the leaders of tomorrow who want to come here to study. We should get rid of the so-called right to rent provisions, not back them up with criminal sanctions. We should roll back the financial thresholds imposed on spouse and partner visas that are driving couples apart and creating what the Children’s Commissioner for England has called “Skype families”, and we should end the routine use of immigration detention.

We should address the concerns and challenges that can be caused by migration trends, and instead of scrapping schemes such as the migration impacts fund we should look at improved versions. We should consider schemes that encourage new arrivals to live in those parts of the UK that require them and will benefit from them most, including Scotland. Let devolved nations and regions have powers on immigration.

Border Management (Calais)

Sammy Wilson Excerpts

Wednesday 24th June 2015 Commons Chamber

[Mrs May]

As I said in response to a similar question, we are not part of Schengen and any discussions on how the Schengen rules operate are predominantly for those countries within the Schengen area. As my hon. Friend will have seen, the French have taken recent action. This is not the first time such action has been undertaken. I am aware that the Schengen countries have had discussions on the question of internal border controls, should emergency circumstances require them.

[Sammy Wilson (East Antrim) (DUP)]

Is the Home Secretary concerned about reports today that people traffickers are now causing a proliferation of people smuggling by recruiting businessmen, students and day trippers to bring people into the country in their cars, which are subject to less scrutiny than lorry transport? What steps can be taken to deal with this new development without massively disrupting traffic through ports?

[Mrs May]

Sadly, the situation we face is that the people smugglers and the human traffickers will try every way possible to ply their trade. That is why it is so important that our law enforcement agencies, working with law enforcement organisations in Europe and elsewhere, are identifying trafficking routes, traffickers and people smugglers and can take action against them.