Immigration Bill

Debate between Simon Hoare and David Burrowes

Tuesday 1st December 2015 Commons Chamber

[Simon Hoare]

I do not wish to test your patience, Madam Deputy Speaker, or indeed that of the House, by straying too far, but my hon. Friend has made a valid point. I certainly am aware of that case, but I never think it is right to build a policy on the basis of one incident. Terrible things happen when women are pregnant, whether they are detained or just going about their ordinary business. Medical negligence can happen even to those outside prisons or detention centres. Nasty, upsetting and tragic things happen. He is absolutely right to say that such things should raise questions, and right hon. and hon. Members should continually ensure that those detained can access a range of care that is wide, deep, qualitative and professional. My hon. Friend is absolutely right, but I do not believe that one isolated incident should force us to say that immigration removal centres and the principle of detention are inherently wrong or unethical. As a practising Christian, I find no difficulty in reconciling good quality care in detention with my faith and ethical basis.

[Mr David Burrowes (Enfield, Southgate) (Con)]

My hon. Friend said that the Bill was about fair play. The question of fair play is also at the heart of the amendments relating to pregnant women. I shall cite not an individual case but the Home Office guidance, which states that pregnant women are normally considered to be suitable for detention only in very exceptional circumstances. The issue is whether that guidance is being properly applied or whether it needs further legislative attention. We are concerned about having proper fair play for those people. I am sure that my hon. Friend’s constituents, and mine, are concerned about fair play for those in detention centres as well as about controlling our borders.

[Simon Hoare]

My hon. Friend makes an apposite point. This must all be about fairness, about robust regulations, about proper ministerial oversight and about the scrutiny of ministerial duties by this place. That is absolutely the right chain of command. We all know that things go wrong, whether in the healthcare system, in education, in the police or in the armed forces. Regulations are not necessarily followed to the letter, but—this is a horrible phrase that we all trot out and it sounds frightfully trite—lessons will be learned. I do not say this to be sycophantic, but my right hon. Friend the Minister has humanity and compassion at his core, and he will always ensure that those regulations are fair and that they are applied fairly.

On the subject of fairness, I want to say a few words about workers, employees, employers, landlords and housing. The hon. and learned Member for Holborn and St Pancras and I have discussed the fact that a survey might produce results that suggest x, y and z, and that we can extrapolate data from that, however small or large the sample pool is. The rules and regulations that now govern access to the private rental property market—certainly those that apply to affordable housing—are pretty strict and robust. In conjunction with the clauses in the Bill that introduce new responsibilities for employees and employers, one is tempted to say, not as a cheap, knocking political point, that the quantum has become so large due to the rather shy—nay, potentially deleterious—attitude of Labour when in government.

The Government and their agencies cannot seek to solve all these problems. That is why it is perfectly proper to expect a landlord who is just about to enter into a rental agreement, and his or her agent, to carry out the most forensic tests possible to ensure the legitimacy and qualification of the individual or family seeking accommodation. That will not place a particular onus on them. In order to avoid the scenario that the hon. and learned Member for Holborn and St Pancras has raised, the advice given by the Residential Landlords Association to its members and the advice given to the residential letting agencies will have to make it clear what their duties are. It will be important to stress to both that they are helping the Government and the country by playing an important role in addressing this issue.

That takes me from the right of access to housing to the question of access to work, from the point of view of the employee and the employer. The Bill is absolutely right to address these issues, and the amendments are at best mischievous and at worst devious as they attempt fundamentally to undermine the provisions. I have little doubt that employers, whether large or small, usually seek to kick back from any new regulations or guidance under which they will have to operate, but that should not fetter our need to impose such regulations if we are convinced of their efficacy. I am convinced of the efficacy of the measures in the Bill, and I believe that the amendments would undermine them.

There is no point in hon. Members, irrespective of which side of the political divide they might fall, wringing their hands about trafficking, slavery or forced labour, if, when an opportunity arises to augment previous legislation such as the rules in the Act governing gangmasters, they then say, “Oh no, this is a step too far. This will place too great an onus on the employer. We must seek to resist this.” That sends a mixed and confusing message to those evil individuals who are now benefiting in labour and cash terms from forced and indentured labour. I stress that this is just my judgment of the matter, but if the Bill as amended in Committee does not prevail, it will be holed below the waterline. That is why, if and when the official Opposition or Scottish National party Members press any of their new clauses or amendments to a Division, I shall be trotting into the No Lobby, where I hope many of my hon. and right hon. Friends will join me.