Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018 Detention Centre (Amendment) Rules 2018

Seema Malhotra Excerpts

Wednesday 6th June 2018 General Committees

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

It is a pleasure to serve under your chairship, Mrs Moon. I am grateful for the opportunity to speak. I will make just a few comments because there have already been a number of contributions. This is an important debate, and I am convinced that the issue is an important priority for the Minister. I have had experience of it as a Member of Parliament; I have been struck by the importance of having a system based on the values we believe in. Our immigration policy must be fair and humane, and we must treat people in that way when they are in the care of the state.

I want to talk about detainees with mental health issues, such as schizophrenia, because I am concerned that the current safeguards, and proposed amendments to them, do not address that issue. People who have been through difficult or distressing circumstances, have experienced war or terrorism, have been tortured or whose families have been tortured, are at risk of developing mental health conditions.

A case I have raised with the Minister previously—I am writing to her about it—will illustrate why I think the issue should be part of a wider discussion. I was made aware of this case, which is still ongoing, a few years ago. A family fled their country and sought asylum in the UK. Over the course of a few years all the family members, bar one, received asylum and went on to become British citizens. Only the youngest member of the family did not: there was no explanation of why somebody who was a child when they fled Afghanistan for their life, after being a victim of torture, would be suddenly left in limbo. He was detained a few years ago. He had already started to suffer from medical conditions such as schizophrenia, and the uncertainty about his status—he was unable to continue studying or live independently—contributed to them significantly.

It was a harrowing situation. When he was in police detention, his family was not sure where he was to start with, and he did not have his medication. His family did not know how long it would be before he was deported and where he would go. He was taken to a detention centre, where he was not given the right dosage of medication. He was expected to administer the medication himself, but was not in a position to do that. During his detention, his condition worsened considerably, not least due to the anxiety about being there, the uncertainty about where he would go next, and the strain and stress on his family caused by the possibility that he would be sent back to Afghanistan, where he did not have any family members, where he would be at risk, given what had happened before, and where he had not lived since he was a child. His medical condition meant that he needed significant intervention not just from his family but from a range of health services.

It was extremely unfortunate that that triggered some very distressing episodes. His condition is still a huge challenge for him and his family. He has never fully recovered from that episode. What struck me on my visit to the detention centre at the time when he was there was that the staff were not adequately informed or trained to deal with such a difficult and sensitive matter.

None of us wants to be in a position as politicians, whether as Ministers or the Opposition, where we preside over a system in which something like this could happen. It is not someone’s fault if they have a mental health condition. I know from friends and family members that when somebody is suddenly diagnosed in their teenage years or early 20s, it can bring the family a sense of loss for the person they knew; they also have to cope, day in, day out, with the uncertainty that the condition brings and the change that can happen in a person, day to day. They can be fine one week and then an episode can trigger some sort of psychosis, and then they are out and need almost 24-hour care.

How do we address those wider issues, as part of our consideration of adults at risk as a result of what they and their families have been through? How do we make sure, humanely, that those issues are not contributed to? How should we consider in more general terms the issue of people without settled status? I would be grateful if the Minister answered those points. I thank the Committee again for the opportunity to speak.

Windrush

Seema Malhotra Excerpts

Wednesday 2nd May 2018 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My right hon. Friend is making an excellent speech. Is she as surprised as I am that, despite the national debate over the last two weeks, when my office called the Home Office MP helpline yesterday to support a Windrush-affected constituent and inquire about the process, we were told that the helpline staff had been given no guidance on citizenship applications? My constituent, who has to prove that he has been here since 1965 with two forms of ID for every year, is in despair.

[Ms Abbott]

It does not seem that we have moved away from the Windrush situation altogether if somebody is being asked for two pieces of documentation for every year they have been here, as that was the problem for the Windrush generation—excessively rigid demands for documentation and no proper guidance.

Gender Pay Gap

Seema Malhotra Excerpts

Wednesday 18th April 2018 Commons Chamber

[Victoria Atkins]

My hon. Friend has hit the nail on the head when it comes to cultural change. I very much hope that women employees and shareholders are looking at the performance of their companies and asking themselves, “Is this how we want this company to behave?” Let us be clear: more than 10,000 businesses have been having a conversation about this issue at board level in a way they simply would not have been a year ago. I am keen that we look at this not just in terms of regulations, but in terms of cultural change and cultural ambition.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I thank my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) for asking this urgent question and for starting us off with her characteristic insight, constructive challenge and no-nonsense approach to the issue.

For employers with a particularly large gender pay gap, would the Minister consider exploring a threshold above which an organisation would be required to publish an action plan for closing or reducing that gender pay gap?

[Victoria Atkins]

We have thought about this carefully. At the moment, we are saying that it is best practice for companies to publish action plans, and a lot of companies are doing so. I want to take businesses with us. I do not want to set the Government’s face against them. We want this change to happen and we know that the public will exists, so although we are advising organisations to publish action plans as best practice, that does leave us with options should companies not choose to follow that guidance.

Windrush Children (Immigration Status)

Seema Malhotra Excerpts

Monday 16th April 2018 Commons Chamber

[Amber Rudd]

I am sorry that my hon. Friend’s constituent is having such a challenging time. I urge her to ask the Immigration Minister to take a look at his particular case.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Following her statement, could the Home Secretary clarify whether her Department is still expecting people to prove their rights while they have no recourse to public funds and no right to work? What is her message to those who may need legal advice, but cannot afford it?

[Amber Rudd]

It is my firm belief that the individuals who will be able to access this group in the Home Office will not need legal advice, because the process will be simple and one in which my team will try to assist. We will be able to use information across Government, so that we can help prove their national insurance number or their school records without calling on them to send in so much detail. It will be a shared responsibility, which I think will make a big difference.

Police Funding

Seema Malhotra Excerpts

Wednesday 28th March 2018 Commons Chamber

[Louise Haigh]

If the hon. Gentleman read Labour’s manifesto, he would see that we committed to funding 10,000 neighbourhood officers by reversing the cuts to capital gains tax. That was laid out in our manifesto and forms part of the motion before the House, which we will have a welcome opportunity to vote on.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My hon. Friend is making an excellent speech. Does she agree that crime has a cost? People and businesses are paying the price for the lack of policing to keep them safe in our communities, and it is high time the Government took that seriously.

[Louise Haigh]

Absolutely. If the Government were in opposition they would be crying bloody murder, because there is not only an economic but a human cost to the enormous rise in crime that we have seen as a result of their cuts in police funding.

Draft Police Powers of Designated Civilian Staff and Volunteers (Excluded Powers and Duties of Constables) Regulations 2018

Seema Malhotra Excerpts

Monday 19th March 2018 General Committees

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

It is a pleasure to serve under your chairship, Dame Cheryl.

I welcome the regulations, which amend section 38 of the Police Reform Act 2002. That section enables civilians employed by police forces, or police volunteers, to be designated as having additional police powers. As we have heard, the regulations insert the power to conduct an intimate search into the list of reserved powers in part 1 of schedule 3B, thus prohibiting chief officers from designating it as a power of staff or volunteers. That is important, as the addition of that power to conduct an intimate search to the list will ensure that the most intrusive powers remain available only to police officers.

Will the Minister explain how the way the power is to be designated will be communicated, so that it is clear? Can he include in his answer the regulations on conducting an intimate search, ensuring that there are appropriate safeguards and keeping appropriate records? The wider principles on supporting designated civilian staff and volunteers can be helpful in particular areas of policing in our communities. That approach provides sustainability and continuity of relationship between police and the community.

For all powers in all circumstances, there must be clear safeguards and clear communication, so that there can be no circumstance where volunteers are put in a difficult, distressing or inappropriate situation, and so that constables are also clear as to their role. It is right that the measure also preserves and makes clear that the office of constable is central to the delivery of policing locally.

Hate Crime

Seema Malhotra Excerpts

Monday 12th March 2018 Commons Chamber

[Victoria Atkins]

Any such issue will be an operational matter for my hon. Friend’s local police force, but I know that she is a good advocate for her local community and I am sure that she will be asking searching questions of the police and the police and crime commissioner to ensure that that alleged offence receives the attention it deserves.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The Government are right to say that this is a hate crime that has no place in our modern society. I want to pay tribute to our communities in Hounslow, which have a track record of working together to build understanding between all our communities. Will the Minister confirm that the police will have the resources they need to work together effectively and fast across the country to track where these horrific letters are coming from, who is disseminating them and who is behind them, and will she ensure that our schools and communities have the resources they need to stop this activity in its tracks and to support those communities that will rightly feel at risk and under threat?

[Victoria Atkins]

The hon. Lady has identified the fact that this has an impact not just on the people who receive these letters in their homes but also on the wider neighbourhood. I again ask anyone who has received any of these sorts of communications to please report them to the police. The Home Office is in constant communication with the police to ensure that they have the resources they need to tackle this.

Vote 100 and International Women’s Day

Seema Malhotra Excerpts

Thursday 8th March 2018 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Does the Secretary of State agree that this is a matter not just of social equality, but of economic equality, bearing in mind the estimate this week that, if we closed the gender pay gap, it would mean an extra £90 billion going into women’s income? That is a staggering figure when we reflect on what that means about women being kept poorer as a result of the pay gap.

[Amber Rudd]

The hon. Lady is absolutely right. It is bad not just for the economics of the individual woman and the individual family, but for the country as a whole. As she says, if we can raise pay in a fair way, it would be good for the economy of the country. That is why we have introduced world leading legislation requiring organisations with more than 250 employees to publish their gender pay gap by the end of the tax year. I want businesses to have their pay gap laid bare and then do something about it.

--- Later in debate ---

[Mrs Miller]

Indeed.

[Seema Malhotra]

Does the right hon. Lady agree with me about the value of teachers and the role they can play in encouraging young girls to come forward? I want to tell a slightly different story that I have not often shared. One of the reasons I got involved in politics was that, for our homework one day at school, we were asked to go and work ourselves up about something, and I managed to work myself up about Margaret Thatcher. I can honestly say that the rest is history.

I want to acknowledge the work done by teachers in my schools, such as Cranford school, which has started Cranford Parliament and will be holding International Women’s Day events today and tomorrow. Those initiatives have an impact by making people feel involved in political debate and are important in connecting Parliament with education.

[Mrs Miller]

The hon. Lady is absolutely right. Inspiring people to get involved in politics is such an important part of our job.

I want to talk about inspiring women. I might have been the first woman to be elected to Parliament in North Hampshire, but I am now joined by five other female Conservative Members of Parliament in Hampshire, including my hon. Friend the Member for Eastleigh (Mims Davies). Where one woman treads, others will follow. I am very proud indeed that 60% of my borough councillors in Basingstoke are female, led by the incredibly impressive Councillor Terri Reid. It is important to recognise that as Members of Parliament, we can inspire others to become involved in politics through our work.

Terror Attacks

Seema Malhotra Excerpts

Thursday 22nd June 2017 Commons Chamber

[Amber Rudd]

I understand the hon. Lady’s curiosity about the police funding formula. We are currently still reviewing its position, so I will come back to her when we have made a decision.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I, too, extend our thoughts to the victims of the recent terrorist outrages, those who were hospitalised and their families. The attacks were indiscriminate. People of all faiths were killed and injured. People of all faiths went to help, whether that was on the scene or in our hospitals and throughout the other emergency services. We know that there is a ripple effect of hate crime that carries on afterwards, and that reaches much wider and affects other communities. Muslims in my constituency and throughout the country have told me about how they feel more vulnerable and less secure. Does the Home Secretary agree that it is important for MPs to reiterate the message that Islam is a religion of peace? Can she reassure the House that, in the final days of Ramadan and Eid, if more support is needed for Muslim communities, she will ensure that it is provided?

[Amber Rudd]

I thank the hon. Lady for those comments; she is absolutely right. On her specific request for more support, we already have a £2.4 million fund for places of worship, to which a number of mosques have applied to make sure that they are safe. I can announce that next week I will open up an additional £1 million for places of worship. That addresses the concern from some people, including the shadow Foreign Secretary, that in order for a place of worship to apply for the funds there had to have already been a hate crime in the area. We are now making sure that additional funds are available so that people who are concerned about their mosques can apply for money to support their endeavours to keep those mosques safe.

Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

Seema Malhotra Excerpts

Report stage: House of Commons
Friday 24th February 2017 Commons Chamber

[Dr Whiteford]

No, I will not. The hon. Gentleman has more than enough air time. Everybody recognises that some men will experience gender violence and domestic violence, and that sometimes the perpetrator will be female, but in the real world in which we live the people who experience sexual and domestic violence are overwhelmingly female; women are disproportionately subjected to these forms of violence and abuses on a colossal scale—we cannot ignore that reality. The large majority of perpetrators, although by no means all, happen to be men; no credible, documented source of evidence anywhere in the world suggests otherwise. We do ourselves a huge disservice if we pretend that this is just another case of “the boys against the girls”—we are not in primary 4. It is a grave distortion of a terrible, systemic abuse of human rights to ignore the profound gender inequalities that drive and compound sexual violence and domestic abuse.

It is also important to say that some types of sexual violence are becoming more prevalent. Crime in Scotland is at a 40-year low, yet sexual offences are rising. That could be due to more people reporting what has happened to them, and in the wake of the exposure of the Savile review we know that there has certainly been a spike in the reporting of historic incidents. But I fear that this is also to do with a genuine increase in new types of gender-based violence, which are partly facilitated by this saturated world we live in of violent sexual imagery: the emergence of so-called “revenge porn”, which was not possible until the advent of smartphones; and things such as so-called “date rape” drugs being available. Those things were not problems 20 or 30 years ago but they have become prevalent problems now, and they are driving an increase in sexual assaults in particular. However, women’s inequality is still a key feature of every society in the world, and that is what is really underpinning gender-based violence.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The hon. Lady is making an excellent speech and an important point. I congratulate her on her ongoing work on this issue and I hope everyone will vote in support of the Bill today. We came into this Chamber with the horror of the Helen Bailey story in today’s papers, her partner having been jailed for 34 years for her murder. Does the hon. Lady agree that this highlights how the crime of domestic violence and violence against women hits? Age and background are not relevant, as this is a universal crime. Finding a way of raising awareness among young people will be the best gift we can give them in terms of prevention, and supporting the Bill today will be global Britain in action.

[Dr Whiteford]

The hon. Lady makes a series of salient points in her concise intervention, and of course our condolences go to the friends and family of Helen Bailey, whose dreadful murder made us all pause for thought and for breath. It was a truly horrific crime and I am glad her killer has been brought to justice.

The hon. Lady also anticipated the points I was just about to make on the universality of gender-based violence. I talked a lot on Second Reading about the differential experiences of gender-based violence, and in explaining why I will be opposing amendments that have been tabled, I will reiterate the points I made then. Although this is a universal crime that affects women right across the spectrum, we know that low-income women, disabled women and women under 30 are more likely to experience gender-based violence than others. We know that women from some ethnic and cultural minorities are exposed to greater risk of specific manifestations of violence, such as female genital mutilation or forced marriage. Sexual violence can happen to any of us—it affects people of all economic and social backgrounds and ages—but there are deep structural social inequalities reflected in our likelihood of experiencing sexual and domestic violence, and gender inequality is the cross-cutting factor that underpins and compounds them all.

If we are serious about ending these forms of abuse, we need to understand their manifestations and end the denial—the blind spot—about the far-reaching effects of wider gender inequality. Women may have secured equality before the law—de jure equality—but we are nowhere near achieving de facto equality, or equality in practice. We need just to look around Parliament or to listen to the amount of air time that people get in Parliament, including today, to see that. Until we get that equality in practice, women will continue to face life-threatening, life-changing abuse over the course of their lives.

I now want to turn to the amendments tabled by the Minister, all of which I am happy to accept. I am grateful for the way in which the Government, in proposing some significant changes, have worked to retain the principles, intention, integrity and spirit of the Bill. We are at our best as legislators when we use those areas where there is already a large degree of common ground and consensus to find compromises and push forward together where we are able to do so. Although these Government amendments were not tabled in time for the Committee, the Government were able in Committee to outline their intentions in some detail and to indicate the areas in which they planned to amend the Bill on Report.

Government amendment 1, which removes clause 1, is undoubtedly the amendment over which I still have some reservations, but I am prepared to take in good faith the Government’s commitment that they will move forward with all due haste to make the legislative changes they need to make to bring the UK into compliance with the Istanbul convention. I reject absolutely the assertion from those on the Tory Back Benches that the Government do not care about these issues. I urge anyone who takes that view to speak to some of the women on the Tory Benches, including those who have so courageously spoken about their own experiences of domestic abuse. Tory women are no more immune from gender-based violence than anyone else; all of us are affected. I believe genuinely that there is a shared commitment on this, including a personal commitment from the Prime Minister.