Immigration Bill

Debate between Sarah Teather and Jeremy Corbyn

Thursday 30th January 2014 Commons Chamber

[Sarah Teather]

I absolutely agree with the hon. Lady. The law must have the flexibility to look at individual cases. If we draw bright lines in the sand, it becomes difficult for judges to take into account individual circumstances.

Automatic deportation goes slightly wider than the issue of children. Further to the discussion on new clause 15, I want to raise a constituent case. A young man came here as an extremely young child and was given refugee status. His parents then had some difficulties and he was taken into care. His mother had mental health difficulties. The local authority negligently placed him into the foster care of a couple who were drug dealers and continued to engage in significant criminal activity during the course of which the young child was profoundly damaged, as one might well expect. The local authority was found criminally negligent in this case.

By the time the child turned 18 he was convicted of a serious crime. He went to prison. He would have been in prison for long enough to quality for automatic deportation, but he had been in the UK since he was a very young child. He had been given refugee status. There was no family for him to go back to. By all decent recognition of what had happened to him, the state had been negligent in how it treated him. I cannot see any way in which that young man would have protection under new clause 15 as it is drafted.

I come back to the point about what is in the public interest. I do not want to live in a society where judges cannot look at the detail of cases such as that of my constituent. We have had some debate about whether new clause 15 is in accordance with the European convention on human rights. I have had advice from the Immigration Law Practitioners Association that the Home Secretary was unlikely to be able to sign up to saying that the provision was compatible with the Human Rights Act 1998, which would make it difficult for it to go into the House of Lords. There was a mischievous moment when I wondered whether, despite my abhorrence for the new clause, I should support it in order to destroy the Bill completely, given that I do not seem to be able find enough people to vote against the Bill to wreck it, which is what I would really truly like to do, as there is little in it that I like.

We have not had much opportunity to discuss amendment 60. It relates to limits on the use of force by immigration officers and tries to bring it back to the status quo. This seems to be another example of giving a blank cheque, and to an organisation that has hardly covered itself in glory where use of force is concerned. We have had issues with use of force against pregnant women—something on which Her Majesty’s inspectorate of prisons was extremely critical of the Home Office. We have had the death of Jimmy Mubenga. Those are just two recent examples. It seems to me that a failing organisation that is poorly managed should never be given increased power to use force, especially as many of the functions of immigration officers do not properly involve the use of force at all.

[Jeremy Corbyn]

I commend the hon. Lady for tabling amendment 60. Jimmy Mubenga died in horrific circumstances. Is she aware that in many cases the forced removal is undertaken by contractors on behalf of the Home Office and those contractors are not necessarily trained in what they do? Appalling injuries take place and a large number of deportations are stopped because the airlines refuse to take people in an unsafe situation.

[Sarah Teather]

That is exactly the point. The Bill effectively gives all immigration officers retrospective freedom against any Act that has previously come into force, any power that immigration officers have and any future power that they have to use force to do what they want to do. Given the problems that we have already seen in making sure that contractors and immigration officers follow best practice, know what they are doing and are properly trained, how on earth the Home Office will be able to devise a training programme to cover every possible power that immigration officers have is beyond me.

I dare say that in most things that immigration officers can do, the reasonable force that is appropriate will be zero. Will the Home Office issue guidance for every possible power that an immigration officer has? I go back to the point I made earlier. The Bill goes against the agreement that we made in relation to treatment of children and families that we would end child detention. The agreement was much wider, I hasten to add, than families being kept in Yarl’s Wood. It was about working with children and families and the extent to which force would be used throughout the process. The power in schedule 1 is very worrying, and there has been no press scrutiny of it.

Labour amendment 1 would remove the provisions in the Bill that limit the right of appeal.