Immigration Rule Changes
Seema Malhotra Excerpts(2 days, 12 hours ago)
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The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)
My right hon. Friend the Home Secretary is today laying before the House a statement of changes in immigration rules.
Changes to the skilled worker and other work routes as set out in the immigration White Paper
These changes implement the first phase of reforms to work visas set out in the immigration White Paper, “Restoring Control over the Immigration System”, published on 12 May 2025.
The key change is raising the threshold for skilled worker visas from occupations at regulated qualifications framework level 3 and above (approximately A-level skills) to occupations at RQF level 6 and above (mainly graduate professions).
Salary requirements for work visas are being raised in line with the latest Office for National Statistics data, ahead of an upcoming thorough review of salary requirements (including discounts) by the independent Migration Advisory Committee.
The immigration salary list and a new, interim temporary shortage list provide time-limited and conditional access to the skilled worker route for occupations below the new RQF level 6 threshold, but with no ability for applicants to bring dependants. The ISL will be phased out in future and the TSL will be reviewed by the MAC.
Skilled worker entry clearance applications for care workers and senior care workers are being closed, while maintaining in-country switching applications for a transition period until 22 July 2028.
The changes include transitional arrangements, allowing existing skilled worker visa holders to continue to extend their visas, bring dependants, change employment and take supplementary employment in occupations below RQF level 6, while applying the new rules to applicants from overseas and those applying to switch from other routes.
The changes to the immigration rules are being laid on 1 July 2025.
The changes relating to the skilled worker and other work routes will come into effect, as detailed in the statement of changes, from 22 July 2025.
An additional change is also included in this package of rules changes that will close the Afghan relocations and assistance policy to new principal applications. Detail of that change is being announced today in a statement by the Minister for the Armed Forces from the Ministry of Defence.
Alongside the closure of ARAP, we will also be closing the Afghan citizens resettlement scheme. This means that HMG will not launch any further pathways nor accept any further referrals. Over 12,800 people have been successfully resettled under the ACRS since 2021 and over half of these arrivals have been children and a quarter women.
The Home Office will continue to consider those referrals that were made under the ACRS separated families pathway, but that have not yet received a decision. This Government will honour our commitments to anyone found eligible, and to those who have already been found eligible for the ACRS but are not yet in the UK.
[HCWS759]
Refugee Citizenship Rights
Seema Malhotra Excerpts(2 days, 12 hours ago)
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The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)
It is a pleasure to serve under your chairmanship, Ms Butler, and to respond to the debate.
First, I will respond to some of the points made by the Opposition spokesperson, the hon. Member for Stockton West (Matt Vickers). I feel as though, once again, the Conservative party is in a state of amnesia. The Conservatives completely avoid talking about their own record, yet they know—we all know—that there were 800 people arriving by boats in 2018. The Conservative Government completely lost control of our immigration and borders system and allowed criminal gangs to get embedded across our border. They should apologise for that rather than continuing to pass the buck.
Seema Malhotra
I will not, actually, because I want to respond to all the points that have been made in the debate. I also remind the hon. Gentleman that, of the 30,000 returns made between the election and the middle of May, almost 8,000 were enforced returns. That is a staggering 23% increase in enforced returns compared with the same period 12 months previously.
I congratulate my hon. Friend the Member for Alloa and Grangemouth (Brian Leishman) on securing this important debate. We have had a number of discussions on this issue in the House, but, notwithstanding that, I know that this is an important debate here and in the other place and I am grateful for the opportunity to make these remarks.
My hon. Friend and other Members spoke about our long and proud history of offering sanctuary to those who are fleeing persecution, conflict and tyranny, as well as our responsibility towards refugees, which we must take very seriously. Our country is an interconnected and outward-facing nation, and I am incredibly proud of that. Our history and geography mean that for generations British people have travelled overseas to live and work, but also that people have come to the UK to work, study, invest, join families or seek sanctuary. British citizens draw on heritage from all over the world, and that has made us the country that we are today.
However, there is another backdrop to the debate, which is that immigration must be controlled and managed. I think we all know that the last Government completely lost control of our borders and we saw net migration reach record highs. It is important, for public confidence and our nation’s security, that we are able to control our borders and who comes to our country.
We have heard about the importance of making sure that we continue our compassion and support for those who are fleeing persecution, war or other risks to their lives. We should be incredibly proud of the support that we provide to refugees and displaced people, whether it is through our UK resettlement scheme, the Afghan resettlement programme, our route for Hong Kong British nationals or our Homes for Ukraine sponsorship scheme. It is testament to those efforts that the UK is the sixth largest recipient of refugees referred from the United Nations High Commissioner for Refugees, and the third largest in Europe.
Since 2015, some 674,000 individuals have been offered a route into the UK, with just under 30,000 resettled through resettlement schemes and over 34,000 through our Afghan schemes. The invasion of Ukraine, in particular, is an issue close to the hearts of people up and down our country, and I acknowledge the particular welcome that people from Ukraine have received in Scotland, which has its super sponsor scheme, which I was able to discuss on my visit to Scotland in February.
The Government recognise the contribution that people arriving through such schemes make to our economy and our society. The immigration White Paper sets out our intention to review resettlement and community sponsorship models, allowing businesses, universities and communities to sponsor refugees to live, work and study in the UK. Those schemes deliver better outcomes for both refugees and the communities that welcome them. We are taking this approach because we believe in supporting refugees to integrate into British society fully, and we have been clear that every active working-age person with the right to work in our country should be able to work and contribute to the growth of our economy. It is not just the right thing to do; it is in our national interest.
Refugees and displaced people who have had to leave their home country because of persecution often lack the opportunities to apply for jobs or to work in the UK, even where they have the talent and the training to do so. That is why, in the immigration White Paper, we talk about looking to new safe and legal routes—for example, drawing on the experience of the displaced talent mobility pilot—and we will be exploring reforms to allow a limited pool of UNHCR-recognised refugees and displaced people overseas to apply to come to the UK through skilled worker visas and existing sponsor routes where they have the skills to do so, giving them an opportunity to contribute to the UK and rebuild their lives.
In the few minutes remaining, I want to address some of the questions that have been raised, in particular regarding the changes to strengthen the good character guidance. There are already rules that can prevent those who arrive illegally from gaining citizenship. Indeed, from 10 February 2025, anyone who enters the UK illegally, including via dangerous journeys such as small boat crossings, faces having their citizenship application refused. As I have said, the UK must always play its part in supporting those fleeing persecution, but we are also clear that we must do all we can to prevent people from making dangerous small boat crossings, risking their lives as criminal gangs with no thought for their safety profit.
As has been mentioned, British citizenship is a privilege and not a right. The requirement for an individual to be of good character is a statutory one—one that is considered reasonable and proportionate when assessing whether to grant them British citizenship. The good character policy is compliant with our international obligations, including those under the refugee convention. It is important to note that the guidance on the policy is clear that decision makers have the ability to exercise discretion on a case-by-case basis. That includes the ability to disregard immigration breaches if it is accepted that they were outside the applicant’s control—for example, if the person was a victim of modern slavery or trafficking, or if they entered illegally when they were a child.
It is important to say in response, in particular, to the contribution by my hon. Friend the Member for Edinburgh East and Musselburgh (Chris Murray) that we will be looking at new thinking and new models around earned settlement and earned citizenship in the consultation that we will launch later this year.
It is important to recognise that these issues concerning those who come to our country via irregular routes are an international problem, and they require an international solution. Any UK Government—it is disappointing that the previous Government did not do this enough—must work with our international partners to make sure that we have solutions and alternatives for those who seek to come to the UK in this way. The Government are determined to restore order to the immigration system so that every part of it—border security, case processing, appeals and returns—operates swiftly and effectively. That is a necessity for our national security and also a moral imperative.
Legislative Scrutiny: Border Security, Asylum and Immigration Bill
Seema Malhotra Excerpts(1 week ago)
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Alex Sobel
I thank the hon. Member for giving me the opportunity to address that, as I did not include those who have come to this country to seek asylum due to an impingement of their right to practise their faith or religious belief in their home country. We have seen an increase in asylum claims—I do not have the figures to hand—but the Committee’s consideration of that area in its inquiry on the Bill was in relation to the list of safe countries. Countries might be broadly safe, but not safe for individuals who are practising certain beliefs. I mentioned three countries, and of those the one where there are issues in that regard is India.
The Government should review the list of safe countries and have regard for the UN Human Rights Council’s universal periodic review in terms of the ability of an individual to practise their religion or belief in safety. That is an important consideration that the Government should take into account.
The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)
It is a pleasure to make a brief comment. I thank my hon. Friend for his statement and for applying to make it. I also thank the Committee for its work on the report. I assure him that the report is being read in detail and that the Government will respond in due course.
Windrush Commissioner
Seema Malhotra Excerpts(2 weeks, 1 day ago)
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The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)
I am delighted to announce that the Rev. Clive Foster MBE is to be our new and first Windrush commissioner.
This appointment delivers on a manifesto commitment and follows on from the Home Secretary’s statement to the House in October last year. It is a pivotal step in resetting the Government’s response to the Home Office Windrush scandal and delivering the change that the victims of this scandal want and deserve to see.
As Windrush commissioner, he will play a crucial role, providing independent oversight of the Government’s ongoing commitment to address the impact of the Home Office Windrush scandal and ensure that the voices of those affected remain at the heart of efforts to deliver justice. The commissioner will engage with victims, communities and stakeholder organisations, and provide advice directly to Ministers, to help ensure that lasting, tangible change is delivered and that the lessons of the past are truly learned. He will also work alongside the Windrush unit, which was re-established last year, to oversee the Department’s response to the scandal and embed permanent cultural change.
The Rev. Clive Foster is a hugely experienced and capable individual, and well placed to represent the interests of the Windrush communities. With personal connections to the Windrush generation through his parents, who migrated from Jamaica, he brings both lived experience and professional expertise to the role. He is the founder of Nottingham Windrush Support Forum, vice-chair of the Windrush National Organisation and a senior pastor at the Pilgrim Church in Nottingham—demonstrating valuable experience in community leadership and social justice.
We look forward to working closely with the Rev. Clive Foster as we continue our vital work to re-build trust and ensure that dignity is restored and justice delivered to Windrush generations, as is rightfully deserved; that those who have suffered receive the status and compensation they deserve; and that an injustice such as this can never happen again.
[HCWS710]
Windrush Day 2025
Seema Malhotra Excerpts(2 weeks, 3 days ago)
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The Minister for Equalities (Seema Malhotra)
I start by thanking my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) for securing this debate and all Members who have spoken in an incredibly powerful and moving discussion. That includes my hon. Friends the Members for Ealing Southall (Deirdre Costigan), for Liverpool Riverside (Kim Johnson), for Clapham and Brixton Hill (Bell Ribeiro-Addy), for Huddersfield (Harpreet Uppal), for Vauxhall and Camberwell Green (Florence Eshalomi), for Norwich South (Clive Lewis) and for Brent East (Dawn Butler). I also thank the shadow spokespeople, who made powerful contributions.
I will try to refer later in my speech to a number of the points that have been raised, but let me first thank my hon. Friend the Member for Wolverhampton North East (Mrs Brackenridge) for her stories about Professor Chevannes and Paulette Wilson, which, like so many stories told during the debate, were very powerful. I also want to acknowledge Basil Watson’s wonderful sculpture, and the story that it tells to all who come and go through Waterloo station. When my hon. Friend the Member for Brent East spoke about her mother, I think we all recognised a little bit of her mother in all our mothers, and I am sure that her pride in her mother would have been reflected very much in her mother’s pride in her and her contributions.
This Sunday marks 77 years since the Empire Windrush arrived at Tilbury. Along with the thousands of others who came to the United Kingdom from the Caribbean and countries across the Commonwealth in the 1940s, 1950s, 1960s and 1970s, they became known as the Windrush generation. They and their children and grandchildren have enriched our society in myriad ways, and we owe them an enormous debt of gratitude. On Windrush Day, we celebrate them and their extraordinary achievements and contribution to our economy, communities, society and culture; but we also acknowledge the appalling and humiliating treatment to which many members of the Windrush generation were subjected owing to the actions of past Governments.
Let me say, clearly and without equivocation, that the Home Office Windrush scandal was a travesty that caused untold pain and suffering. There has been much talk about righting the wrongs, but words alone are not enough, and this Government are backing up our promises with action. We promised a reset when we were in opposition, and since the general election we have sought to strengthen engagement with victims, their families, communities and stakeholder organisations. I have regularly met many organisations, including the Windrush National Organisation—I pay tribute to Bishop Desmond Jadoo, and I was honoured to join a very powerful vigil with some of my hon. Friends in April—and Windrush Defenders Legal.
From London to Manchester and from Cardiff to Edinburgh, I have heard victims describe how their lives were turned upside down, about the trauma they went through, and about the impact that the scandal is still having on their lives. As we have sought to embed a culture of listening and learning throughout the Department, we have worked to improve training and standards, as well as publishing the report “The Historical Roots of the Windrush Scandal” last September. I am clear about the fact that the lessons we learn should inform our ways of working across Government.
In April, the Home Secretary and I were honoured to host the Windrush Cymru Elders for a special screening in the Home Office, with Professor Uzo Iwobi and Race Council Cymru, of the BAFTA-nominated film “Windrush Cymru @ 75”. Last week we were proud to host the first day of the National Windrush Museum’s annual summit, led by Dr Les Johnson and Denize Ledeatte—a powerful summit addressing the theme of “reframing Windrush and justice for a new Britain”. We will very soon announce the appointment of a new independent Windrush commissioner, underlining this Government’s unwavering determination to ensure that the voices of the Windrush generations are heard, their experiences are acknowledged, and proper compensation is delivered.
We are committed to improving the Windrush compensation scheme to ensure that those to whom compensation is due receive the support that they deserve quickly. In opposition, we frequently heard that the application process was too complicated, with insufficient support for those wishing to make a claim.
The Government are determined to ensure that the victims of the Home Office Windrush scandal are heard, that justice is sped up, and that the compensation scheme is run efficiently and effectively. We have already made changes to the casework processes, reducing waiting times for the allocation of claims from four months to under six weeks. In April, we launched a £1.5 million advocacy support fund to provide dedicated help from trusted community organisations when victims apply for compensation. However, we recognise that there is much more to be done, which is why Ministers are continuing to engage with community groups on improvements to the compensation scheme, and we will ask the Windrush commissioner to recommend any further changes that they believe are required.
I want to address two points that were made in the debate. The first is about people who unfortunately passed away after submitting a claim—we are aware of about 64 claimants. In these very difficult circumstances, the teams continue to work closely with their appointed representative, who is usually a member of the family, to ensure that claims continue and are concluded as quickly as possible. We prioritise those claims where we are notified that individuals are suffering from critical or life-limiting illnesses, and officials are reviewing the current exclusion in the rules on compensation for private and occupational pensions. We are working at pace to consider options for how we can compensate for these losses, and working closely with the Government Actuary’s Department to support this critical work.
The Windrush story has resonance for us all, and for communities across the country. I am pleased to tell the House that this Government have supported this year’s commemorations through the Windrush Day grant scheme, which is chaired by Paulette Simpson and works with my noble Friend in the other place, the Minister for Faith and Communities. We are funding projects to celebrate and commemorate the Windrush, and to educate people about it. We are funding the National Windrush Museum to collect and preserve precious assets for future generations, and as a great educational resource for schools, researchers and the wider public.
Dawn Butler
My hon. Friend the Member for Clapham and Brixton Hill (Bell Ribeiro-Addy) talked about the Government giving a little bit of money for this and that. I am really pleased to hear about the Windrush Museum. Will the Minister consider setting up an emancipation educational trust, so that we can have a building where we can talk not only about the injustice of Windrush, but about the injustice of people being enslaved?
Seema Malhotra
I thank my hon. Friend for her comments, and I am very happy to talk about these issues further. She will know that the Migration Museum documents history through some very powerful exhibitions.
It is so important that Windrush Day events are happening across the country, with community festivals, live music, workshops, talks, films and so much more, and I am looking forward to marking Windrush Day this weekend—both with the Caribbean & African Health Network in Manchester and at the Big Caribbean Lunch in Brixton, where I hope to join my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) in Windrush Square. I pay tribute to the work of Ros Griffiths and the Friends of Windrush Square, based in my hon. Friend’s constituency.
In this debate and those in recent years, we have heard the powerful and vivid accounts of people’s experiences since the 1940s, including on the 75th anniversary, on which His Majesty the King described those who stepped off the Empire Windrush at Tilbury in 1948 as “pioneers”, which is exactly what they were. Through their hard work, sacrifice, togetherness and unbreakable spirit, they endured against a backdrop of racism and discrimination that we know existed at the time. But more than that, they thrived. On the railways, roads and construction sites, in our armed forces, factories and fledgling NHS, and in so many other sectors, they helped Britain get back on its feet. They helped rebuild this country, its infrastructure and our public services.
However, Windrush is not merely a prosaic story of service rendered at a time of national need; it is so much more than that. It is a story of a community that became indelibly etched into the very fabric of our social tapestry, and a story of art, music, literature, language and cultural enrichment. Put simply, it is the story of British life being changed for the better.
To wrap up, I again thank all Members who have spoken. I also pay tribute to those who have been mentioned in the debate, including Baroness Benjamin and my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), who, in this House and the other, have arguably done more than any others to advance the Windrush cause and highlight its importance to our national identity.
This debate has been a powerful and poignant reminder of the countless ways that this country has been strengthened by the Windrush generation and their descendants, and the enormous debt of gratitude that we owe them. Their contributions span every facet of our society. Put simply, Britain would not be Britain without them, and under this Government, they will always get the respect, thanks and support that they deserve.
Licensing Hours Extensions Bill
Seema Malhotra ExcerptsWednesday 4th June 2025
(4 weeks, 1 day ago)
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Andrew Ranger (Wrexham) (Lab)
It is a pleasure to serve under your chairmanship, Sir John. I am pleased to bring the Licensing Hours Extensions Bill before the Committee.
Section 172 of the Licensing Act 2003 enables the Secretary of State to make an order to relax licensing hours in licensed premises in England and Wales for occasions
“of exceptional international, national, or local significance”.
I am sure we all agree that pubs and other hospitality venues hold a special and significant place in our communities. They often sit at the very heart of them. They transcend generations, help to combat loneliness and bring us together. When moments of national importance emerge, many people gravitate towards them to share those moments.
Not only does relaxing licensing hours ensure that communities can mark such special occasions together, but it reduces unnecessary and time-consuming bureaucracy for local authorities and for the hospitality industry. Currently, the relevant legislation requires the affirmative procedure to be followed to implement such extensions. The Bill proposes a simple change that will enable them to be brought about via the negative procedure, thereby freeing up valuable parliamentary time.
What will change? As the Committee will be aware, the affirmative procedure requires that we debate any order to extend licensing hours in both Houses. The Bill will remove the mandatory requirement for such debates. Instead, hon. Members will be able to pray against an extension if they consider it appropriate to do so, which in turn may trigger a debate. Previous orders to extend licensing hours in such circumstances have passed unopposed and with overwhelming support. The Bill will reduce the burden on parliamentary time and resources, while still allowing concerns to be expressed.
The criteria for making an extension will remain unchanged. The Government remain committed to using the power only on a limited basis. The ability to make an order to extend licensing hours lies with the Home Secretary; all such decisions are made on a case-by-case basis. In practical terms, the hope is that the Bill will ensure that the next time we see the next great sporting or other occasion that justifies a relaxing of hours, no pub or hospitality venue will miss out on the chance to open its doors to its local community a little earlier or later and to enjoy everything that comes with such an occasion.
Clause 1 will permit the Home Secretary to make such extension orders when they are deemed appropriate, without having to go through unnecessary parliamentary hurdles. Clause 2 will simply mean that the Bill comes into force on the day of Royal Assent and extends to England and Wales only. As no amendments have been tabled, my hope is that the Committee will agree to both clauses of the Bill.
The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)
It is a pleasure to serve under your chairship, Sir John. I congratulate my hon. Friend the Member for Wrexham on promoting a Bill that has been greeted so warmly by the House, and on laying out the case for it so clearly and succinctly today.
This is a Government-backed Bill that will cut red tape and claim back valuable parliamentary time while bringing benefits in the form of increased revenues for businesses and reducing burdens on licensing authorities. I thank my right hon. Friend the Minister for Policing and Crime Prevention, who has been working on the Bill; I am speaking in her place, as she is unable to be present.
The Bill will make an amendment to the Licensing Act to allow licensing extensions to be made more quickly and simply. Furthermore, it will make it possible to extend licensing hours for significant events at short notice even when Parliament is not sitting. Under section 172 of the Act, the Secretary of State may make an order that relaxes licensing hours in England and Wales for
“an occasion of exceptional international, national, or local significance”.
Decisions to extend licensing hours in such circumstances are considered on a case-by-case basis, as my hon. Friend the Member for Wrexham mentioned. The Government will continue to use the power sparingly.
Currently, the affirmative parliamentary procedure is mandatory—my hon. Friend made that point effectively—in the making of such an order, meaning that it requires the approval of both Houses before coming into force. The Bill will make a very simple alteration to the Licensing Act so that the negative resolution procedure is used instead, allowing extensions to licensing hours to be processed without using up valuable parliamentary time. There has always been agreement across the House that we should move forward in such circumstances, for the reasons that my hon. Friend outlined: it benefits all our constituents when they can come together on very special occasions and spend time in pubs and restaurants in our communities. Objections may still be made, where applicable, under the negative resolution procedure, so Parliament will still have a role.
The negative procedure also has the benefit of allowing licensing hours extensions to be made in the rare event that they are needed during parliamentary recesses or at short notice. Following the affirmative procedure is problematic when an order needs to be made at short notice, such as during a sporting event, when the gap between one of the national teams qualifying for the later stages of the competition and the next match is likely to be only a matter of days. In 2021, an emergency order had to be rushed through Parliament at extremely short notice when the England men’s football team reached the final of Euro 2020. In 2023, when the England women’s team progressed to the world cup final, it was not possible to temporarily extend licensing hours, because the House was in recess.
Licensing hours have previously been relaxed for significant royal occasions, such as the platinum jubilee of Her late Majesty the Queen, and for events of significant national importance, such as the recent VE Day 80th anniversary, as well as for major sporting events. Those extensions received cross-party support in both Houses, as was particularly evident during the recent debate on the VE Day extension, which was warmly welcomed by both Houses.
Extending licensing hours for such occasions means that communities can come together in collective celebration, businesses can reap the benefit of increased revenue and local authorities can be spared the burden of processing high volumes of single extensions. We can all appreciate the welcome boost that that will bring to our local economies: we estimate that it could be up to £500,000 on each occasion.
For businesses, taking advantage of such blanket extensions and remaining open for the additional hours is, of course, optional. The Government will continue to plan ahead for such events as much as we can, not least because it is important to ensure as far as possible that the public can have their say through consultation and that key partners such as the police are engaged and have adequate time to prepare.
The Bill is a simple and modest measure that aims to give back valuable parliamentary time and will undoubtedly benefit our businesses, our local authorities and the communities that they serve across England and Wales; it will be for Scotland and Northern Ireland to bring in their own measures. Keeping our pubs open for longer on such occasions will give people the opportunity to join in celebrations and to raise a glass collectively, as a community. The Government therefore fully support the Bill. I hope that it will continue to have a straightforward passage through the House, and I congratulate my hon. Friend on introducing it.
Andrew Ranger
I thank my hon. Friend the Minister for her remarks, the Government for their support for the Bill, all members of the Committee for their attendance, and officials in the House and in the Home Office for their assistance in getting the Bill to this point. I think we have covered it in sufficient detail. Thank you for your chairmanship, Sir John.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2 ordered to stand part of the Bill.
Bill to be reported, without amendment.
Home Department
Seema Malhotra Excerpts(1 month, 1 week ago)
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Olivia Blake
Does the Minister agree that six weeks is a very short time for that consultation to run? Initially it was two weeks. Would not 12 weeks, as has been the case for various pieces of consultation undertaken by the organisation, fit better with the big issue that we are talking about today?
Seema Malhotra
My hon. Friend will be aware that the consultation on the draft updated code opened today.
[Official Report, 19 May 2025; Vol. 767, c. 259WH.]
Written correction submitted by the Under-Secretary of State for the Home Department, the hon. Member for Feltham and Heston (Seema Malhotra):
Seema Malhotra
My hon. Friend will be aware that the consultation on the draft updated code is expected to open this week.
Gender Self-identification
Seema Malhotra Excerpts(1 month, 2 weeks ago)
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The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)
It is a pleasure to serve under your chairship, Ms Furniss, and to respond to this debate, which has been held with tremendous respect for each other, for trans people and for the issues that we face in navigating through the situation, particularly after the Supreme Court ruling. I thank the hon. Member for South Cotswolds (Dr Savage) for the way in which she opened the debate and for her extremely powerful speech. Bringing the voices of the trans community into these debates is important indeed.
I am speaking of behalf on my hon. Friend the Member for Llanelli (Dame Nia Griffith), who is unable to be in the House due to a visit abroad. We will discuss the debate and the issues raised, and I am sure she will update the House on some of these matters in due course. I also thank all those who signed the petition and all hon. Members who have taken part in the debate.
I am proud to be a member of the party that introduced the Equality Act 2010, which many colleagues have referred to. It is indeed world-leading legislation, which has reflected our commitment to ensuring that every member of our society is treated with dignity and respect, and afforded the same basic rights as each other. Our commitment to those principles remains resolute, and I am sure that everyone who has participated in the debate can agree that they are at the heart of what we want our society to represent.
I will repeat one phrase that really stood out, which is that everyone has a right to be themselves. It is important that we keep in our minds those who, as has been talked about today, are feeling very insecure. While I may not be able to cover all the points, I will do my best to do so. I also want to give assurance that the comments that have been made are on record and have been heard by the Government.
As my hon. Friend the Member for Cannock Chase (Josh Newbury) mentioned, Labour Governments have a very strong history of promoting LGBT+ rights. From the decriminalisation of homosexuality under Harold Wilson’s Government in 1967 through the repeal of section 28 to the introduction of civil partnerships in the early 2000s, we have consistently led the way in advocating for legal equality and social progress for LGBT+ people. It was our then Labour Government that equalised the age of consent, extended adoption rights to same-sex couples, and introduced legislation aimed at combating discrimination and hate crime in the workplace. We laid the crucial groundwork for marriage equality and elevated LGBT+ issues to the forefront of public and political discourse—a legacy that I know Parliament, as well as colleagues in this House, will take great pride in.
The conversation surrounding rights, particularly those related to trans individuals, has sadly become increasingly divided and divisive, as this debate has so importantly highlighted. I think we all agree that it is necessary to approach this debate with honesty, respect and sensitivity to all viewpoints. It is in a similar vein that Lord Hodge, when delivering the Supreme Court judgment that sex means biological sex for the purposes of the Equality Act 2010, underscored the importance of not viewing the judgment as a
“triumph of one or more groups in our society at the expense of another”.
That has been referred to a number of times in this debate.
The entrenchment of division and ever-greater polarisation seeks only to move us away from holding the empathetic, meaningful and productive conversations that holistically address the issues that stem from this debate. That is why we have emphasised the importance of balancing all people’s rights, including those of trans people and of women, acknowledging that both groups have real, important and often shared concerns. On matters such as access to single-sex spaces, we understand these issues must be navigated sensitively. The Government’s position embodies a belief that it is both possible and essential to uphold protections for trans individuals while respecting women’s concerns regarding privacy, safety and dignity. Those points were also made very strongly and powerfully by my hon. Friend the Member for Wolverhampton West (Warinder Juss).
It is also important to recognise—I want to underscore this—that nobody should suffer or feel the fear that so many do today. It is so important to recognise how much words matter. We recognise that, for many trans individuals, the current climate is uncertain and it has become, in too many places, hostile. The Government are committed to ensuring that trans individuals are treated with dignity and respect. The statistics on hate crime and sexual assault that have been shared in the debate, and of which we are aware, must be of concern to all. We are committed to equalising all existing strands of hate crime as aggravated offences, to ensure that all LGBT+ people are fiercely protected under the law. Let me be unequivocal: trans individuals deserve the right to live free from discrimination, violence and fear. There is no place for transphobia in our society, just as there is no place for homophobia or biphobia.
I understand that the recent Supreme Court ruling in the For Women Scotland case has left many trans women feeling worried and concerned for their safety. I want to stress that there are also, rightly, laws in place to protect trans people from discrimination and harassment. That was true before the ruling; the Supreme Court ruling has also underlined that fact.
As has been referred to in the debate, the independent equalities regulator—the Equality and Human Rights Commission—is working to update its statutory code of practice, which will include advice for duty bearers on how to avoid discriminating against groups with protected characteristics, and it has committed to seeking views from all affected stakeholders. The consultation—
Olivia Blake
Does the Minister agree that six weeks is a very short time for that consultation to run? Initially it was two weeks. Would not 12 weeks, as has been the case for various pieces of consultation undertaken by the organisation, fit better with the big issue that we are talking about today?
Seema Malhotra
My hon. Friend will be aware that the consultation on the draft updated code opened today. I recognise the consensus that two weeks was too short, and people have already been contributing their views. Agreement has been reached with the Secretary of State for a six-week period, and I hope that during that longer period, those who have already put together their views and shared them can take forward that consultation. There will be extensive consultation with stakeholders, and everybody, including parliamentarians, will have the opportunity to contribute. We welcome the EHRC’s commitment to ensure that diverse voices are included and will be listened to. It is important to also recognise that the final draft of the updated code will be laid in Parliament and subject to scrutiny and consideration by both Houses in due course.
Seema Malhotra
Some of this depends on the EHRC’s work and the time it takes to respond to the consultation; I know that we all want it to do so effectively. It is a matter on which I am sure the Minister for Equalities, my hon. Friend the Member for Llanelli, who is unable to be here today, will update the House in due course. My hon. Friend the Member for Edinburgh South West will understand that on one hand, we are saying it needs to be longer, and on the other hand we want clarity. What is important is that it is a consultation in which all voices can be heard. I think he will appreciate the assurance that the updated code will be laid in Parliament and will be there for scrutiny and consideration by both Houses. That will be an important part of the process.
Kirsty Blackman
When the Minister encourages the hon. Member for Llanelli to update us on the timelines, will she encourage her to update us with information on what the scrutiny process will be? I might have missed it, but I do not know whether it is subject to the negative or the affirmative procedure. If a statement could be made to the House explaining both those things, that would be helpful for all of us.
Seema Malhotra
That is an important consideration, and I will raise it with my hon. Friend the Member for Llanelli. Laws remain in place to protect trans people from discrimination and harassment, as the Supreme Court pointed out. It is important to state that protections for gender reassignment under the Equality Act have not been affected.
The ruling does not impact how a GRC is issued to change a person’s legal sex for certain purposes, nor does the ruling change its significance. There has been considerable debate on this, so I will make some comments on it, but I am sure hon. Members will understand that this is an ongoing debate. However, as we have heard in this debate, it is important to recognise that trans people deserve the right to get married, to have dignity in death, to access pensions and to live their lives in the same way as anyone else.
We have said that we will look at gender recognition reform. Our immediate priority, as laid out in the King’s Speech, is to make sure that we have a trans-inclusive ban on conversion practices, to strengthen hate crime protections for trans people, and to improve healthcare for trans people. It is also important to recognise that discussions continue with trans organisations and the trans community. My hon. Friend the Member for Llanelli will continue to have those discussions.
Any process that allows people to change something as fundamental as their legal sex must have appropriate and proportionate checks and balances. I have heard the different views today, but it is important for me to say—I do not believe this is new information—that the Government do not support self-identification because, as we set out in our manifesto, we believe in protecting the robustness of the process and its legitimate application. A medical diagnosis of gender dysphoria is important in this process.
We all recognise the challenges in accessing NHS services, and it is important to say that the Government are committed to ensuring that trans people receive the healthcare and support they need when accessing NHS services. We are all aware of the delays, which have been happening for far too long. NHS England has increased the number of adult gender dysphoria clinics in England from seven to 12, but in the light of the Cass report’s recommendations, NHS England also launched an in-depth review of adult services led by Dr David Levy in August 2024. The review will assess not only the quality, effectiveness, safety and patient experience of each service, but their stability and whether the existing model is still appropriate for the patients they care for.
I can also confirm that, as part of our agenda supporting LGBT+ people, the Government will deliver a full trans-inclusive ban on conversion practices. We are clear that conversion practices are abuse. They do not work, and they can and do inflict deep and lasting harm on victims. The continuation of such acts in our society—a society largely accepting of LGBT+ people—must be challenged. The previous Government failed to act, but this Government will not fail.
That is why we committed in the King’s Speech to publish draft legislation for a full trans-inclusive ban on conversion practices. We are working hard to draft measures that offer protection from these harmful practices, while also respecting the important role that teachers, religious leaders, parents and carers can have in supporting those exploring their sexual orientation or gender identity.
Kirsty Blackman
I am looking for an update on the timeline for the conversion practices ban and on what the scrutiny might look like. I understand that it is being published in draft, which is very much appreciated—the Online Safety Act 2023 really benefited from being published in draft—but what scrutiny will happen, and what is the timeline for the initial publication of the draft?
Seema Malhotra
The hon. Member may not be surprised to hear me say—indeed, I pre-empted her question—that there is not much I can update her on, other than to say that it is a priority for the Minister for Equalities, my hon. Friend the Member for Llanelli. When it is possible to update the House, she will very much want to do that. It is a priority and she is continuing to work on it.
I briefly mentioned Dr Levy’s review of adult gender services in NHS England. We want to ensure that all trans people can get the high-quality care they deserve, and my hon. Friend the Member for Glasgow North (Martin Rhodes) referred to that, too. Also, we remain committed to implementing the recommendations set out in the Cass report, working with NHS England as it continues to improve children’s and young people’s gender services, and ensuring that those services provide the right healthcare, safeguarding and support for children and young people. That means making sure that they are based on the best available evidence and expert clinical opinion.
To briefly refer to the Supreme Court judgment again, I recognise that recent years have seen an increasing focus on the definition of sex in the Equality Act and access to single-sex spaces. The Supreme Court has given its judgment on that point, and the Government have been consistently clear that single-sex spaces must be protected, but we also know that trans people must be protected, and their safety and wellbeing is a matter for all of us. It is the role of the Government and Parliament to protect all members of society, and I hope that with the processes we have, we can now work better together to do just that.
A number of hon. Members have mentioned the Rainbow Map, and they were right to do so. We were ranked in first place in 2015 but went down to 22nd place this year, and that is a matter of concern. The UK has long championed the rights of LGBT+ people at home and abroad, and we proudly uphold a clear, robust and expansive legal and legislative framework. We are working to advance the rights afforded to LGBT+ people, including, as we have spoken about, by bringing forward legislation in relation to conversion practices and strengthening protections against hate crime. We recognise that there is always more to do.
As we look forward to the future, the Government’s mission remains constant: to create a fairer, more inclusive society. That entails listening actively rather than imposing viewpoints, and it requires people to stand up for those who are marginalised even when those actions prove politically difficult. This debate has been an important contribution to that. More importantly, it involves remembering the core principle—that equality is not a zero-sum game; it elevates us all. We take pride in our achievements and our values, and we will not let complacency or the intent for division take root. Our commitment is to continue listening, learning and fighting for a society where everyone, regardless of their identity or who they love, can live with safety, dignity and hope.
Draft Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) (England and Wales) Order 2025
Seema Malhotra Excerpts(2 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)
I beg to move,
That the Committee has considered the draft Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) (England and Wales) Order 2025.
I am speaking today on behalf of my right hon. Friend the Minister for Policing and Crime Prevention, who is unable to attend the Committee but who worked very closely with Pooja and other members of Ronan Kanda’s family on this important piece of legislation. The order before us today amends the Criminal Justice Act 1988 (Offensive Weapons) Order 1988, and adds ninja swords to the list of prohibited offensive weapons. I will briefly set out the context.
The Government have already taken robust action to address the menace of knife crime, following the implementation of a ban on zombie-style knives and machetes that came into force in September 2024. We are taking every possible step to strengthen enforcement and the prevention of knife crime as part of our wider ranging safer streets mission, and further new measures are contained in the Crime and Policing Bill currently going through Parliament. None the less, as the public would expect, we are keeping our approach under review, and when there is a clear and compelling case, will not hesitate to take further action.
The order before us today was drawn up in response to concerns expressed by the family of Ronan Kanda, who was just 16 when he was fatally stabbed with a ninja sword in 2022. I am grateful to his Member of Parliament, my right hon. Friend the Member for Wolverhampton South East (Pat McFadden), for being here today and for all the work that he and Ronan’s family have done to enable us to bring forward this legislation today. In doing so, we seek to honour Ronan’s memory and to recognise the extraordinary courage and determination shown by his loved ones, led by his mother Pooja Kanda, alongside her daughter Nikita. We pay tribute to them for their work with parliamentarians to keep us informed and to make sure that this legislation stayed on track. Despite suffering the most unbearable loss, they have campaigned for a change that will make our society safer. I am grateful that Pooja, Nikita and other guests are with us in the Public Gallery today.
To provide further background information on the order, although there have been relatively few fatal attacks involving ninja swords, even one is too many. There is no doubt that such swords can be lethally dangerous when used violently, or that they are becoming increasingly popular. Under section 141 of the Criminal Justice Act 1988, it is an offence to possess, import, manufacture, sell, hire, offer for sale, or expose or possess for the purpose of sale or hire, a weapon specified in an order made under that section. The order before us today will enhance public protection by restricting access to ninja swords and preventing their use as weapons to commit violent crimes and cause harm.
Under the order-making powers in section 141(2) of the 1988 Act, the Government wish to add ninja swords to the list of offensive weapons to which section 141 applies. These weapons are defined as a bladed article, with a blade between 14 inches and 24 inches long, with one straight cutting edge and a tanto-style point. That length was chosen to exclude knives that are designed for legitimate purposes, such as many kitchen knives. To be in scope of the ban, the article should also have the features specified in paragraph 1A, namely a primary cutting edge, a secondary cutting edge and a blunt spine with either a tanto-style point or a reversed tanto-style point.
Although it is right that we take the firmest possible action to prevent violence and to stop dangerous weapons getting into the wrong hands, we are not seeking to criminalise law-abiding citizens. We are confident that this description of ninja swords does not include tools traditionally used in agriculture and farming, gardening or other outdoor activities. We have included in the legislation defences to cover a range of circumstances, including where the article in question is of historical importance, is owned for a permitted activity, or is made by hand. Antiques are already exempted from section 141 of the 1988 Act. We are also making a defence for blunt instruments to protect the legitimate fantasy sword market.
Parts 3 and 4 of the instrument provide for a surrender and compensation scheme through which owners of weapons in scope of the ban will be able to surrender them. In territorial scope, the instrument will apply only in England and Wales. We hope that the devolved Administrations in Northern Ireland and Scotland will take similar action to ensure that ninja swords are prohibited across the whole United Kingdom. To that end, officials have engaged with the Governments in Northern Ireland and Scotland.
To conclude, the Government will not tolerate the risk of these dangerous swords being used to perpetrate violence and cause bloodshed. The tragic loss of so many young lives to knife crime, including that of Ronan Kanda, who is the inspiration for this legislation and for his family’s work, and the resulting trauma that families and communities experience cannot go on. That is why, as part of our safer streets mission, we are aiming to halve knife crime within a decade. It is also why we are bringing forward this order, which I commend to the Committee.
Seema Malhotra
It is a pleasure to wind up this debate, and to respond to some of the comments that have been made. I remind the shadow Minister that under the last Government the police force was largely decimated in terms of neighbourhood policing teams. The subsequent challenges of rising antisocial behaviour and violent crime resulted in this Government having the safer streets mission as a national priority.
The shadow Minister will know that the Home Secretary’s first priority has been to ensure that there is sufficient support for our police, and to deliver on our commitment to have over 13,000 more community support officers on our streets. It is not just the work of the police that makes the difference when tackling knife crime, though. A generation of young people have been left behind by successive Conservative Governments; we see that in school absence figures, in their lack of confidence in themselves and about their futures, and in the rise in mental health issues.
We recognise that it is important to tackle and to halve knife crime, and to deal with the issue coherently. That is why alongside the measures to support the police—giving them new powers, ensuring they are back in our communities, and building relationships and confidence with communities, schools and young people as part of a prevention strategy—it is important to put in place more facilities and support for young people, particularly those at risk of crime in our communities. Our youth hubs, which involve cross-Government working, including the Home Office, the Department for Education and other Departments, are going to be an important part of that. Until we can better support young people to resist the traction into knife crime, often because they believe it is a form of defence, we will struggle to turn the tide. We absolutely must do that, in the interests not just of the lives of young people but of our society and community safety. I hope that that is of some reassurance to the shadow Minister.
It is also important to mention the work of the violence reduction unit, led by the Mayor of London, but these matters do not apply only to London; the strategies need to be nationwide, so that support in communities and for young people at risk of crime reaches into the heart of wherever it is needed. I also want to assure the shadow Minister that we have worked hard on making sure that the definition of ninja sword in the legislation does not include other swords. We recognise the importance of exemptions for swords of historical importance or that are made by hand. I outlined that in my opening remarks.
I would like to comment on the surrender scheme and compensation. For those who wish to be compensated for giving in their ninja sword, we have set the standard compensation rate at £5, based on wholesale costs from manufacturers. That is based on research, rather than retail costs, in order to avoid the possibility of retailers profiting from the scheme. The order also specifies that no compensation will be payable unless the individual is the lawful owner or can show that they owned or had a contract to acquire the weapon on or before the cut-off date of 27 March 2025. Individuals will also need to provide acceptable proof, such as a purchase receipt or other evidence, that they owned the weapon before that date.
We have also provided a defence for blunt items. That will enable collectors of fantasy swords and users of blunt training or re-enactment swords to possess and purchase items that would otherwise be prohibited. Of course, if a blunt item that falls under the definition is subsequently sharpened, it will become illegal, and a charge of unlawful possession of a prohibited offensive weapon could be laid. A defence already exists for those who want to own prohibited swords for sports, martial arts and re-enactment, and we will be extending that defence to ninja swords.
Again, I thank those who have contributed throughout the debate on this subject, and those who have shared their thoughts with me and my colleague the Minister for Policing and Crime Prevention. I also thank my right hon. Friend the Member for Wolverhampton South East and other Members of Parliament in all parts of the House and across the country who have been involved in supporting Pooja, Nikita and their family in their campaign.
We are united in recognising that knife crime is dangerous, abhorrent, and all too often deadly. It leaves families utterly broken and communities devastated. The order represents an important step in the effort to halve knife crime driven by the Home Secretary, for whom that has been a personal commitment. I commend it to the Committee.
Question put and agreed to.
2.49 pm
Committee rose.
Equality Law: Call for Evidence
Seema Malhotra Excerpts(2 months, 3 weeks ago)
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The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)
I am pleased to announce the launch of a call for evidence on equality law, an important step in this Government’s missions to break down barriers and make work pay. This call for evidence aims to gather comprehensive insights from expert stakeholders in order to shape future policy development and potential legislative reform.
Equality is a key factor in delivering long-term and sustainable growth across the UK economy. It is essential that individuals can achieve according to their talents, irrespective of their background. This not only maximises individual opportunity but enables businesses to employ the best person for the job, leading to increased productivity, innovation, and economic resilience, driving up household incomes and putting more money in working people’s pockets.
Our goal is to understand how we can better remove barriers to ambition and success for everyone, to improve the lives of working people and strengthen our country as part of our plan for change.
We are seeking evidence and views on the following areas:
the prevalence of pay discrimination on the basis of race and disability;
making the right to equal pay effective for ethnic minority and disabled people;
measures to ensure that outsourcing of services can no longer be used by employers to avoid paying equal pay;
improving the enforcement of equal pay rights by establishing an equal pay regulatory and enforcement unit, with the involvement of trade unions;
improving pay transparency;
strengthening protections against combined discrimination;
ensuring the public sector equality duty is met by all parties exercising public functions;
creating and maintaining workplaces and working conditions free from sexual harassment;
commencing the socioeconomic duty.
We invite responses from anyone with evidence in these areas. Contributions will be crucial in shaping the steps we take towards achieving a fair, prosperous and equitable society for all. A copy of the call for evidence on equality law has been placed in the Libraries of both Houses and will be available on www.gov.uk.
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