Child Refugees in Europe

John Bercow Excerpts

Monday 25th January 2016 Commons Chamber

[James Brokenshire]

rose—

[Mr Speaker]

Order. If we were playing cricket, which we are not, the hon. Gentleman’s bowling would be a little wide of the wicket, but I am sure the Minister is dextrous enough to deal with it sensitively and pithily.

[James Brokenshire]

I will certainly try to do so, Mr Speaker. As I indicated to the House in response to the urgent question last week, I expect the highest standards from all contractors, including no stigma being attached to those under their care. If there is evidence to suggest that that is not the case, it will be treated with the utmost seriousness.

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[Alison McGovern (Wirral South) (Lab)]

Can I ask the Minister not to listen to the hon. Member for Gainsborough (Sir Edward Leigh), with his separation of rationality and emotion on this issue? My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) laid out the facts and we are merely responding to them—the hon. Gentleman has no monopoly on rationality here. Does the Minister recall—[Interruption.]

[Mr Speaker]

Order. The hon. Lady is asking a question and she has referred to a Member who is listening courteously, but a conversation is taking place between two other Members who think that what they have to say to each other is more important than what she is saying to the House. Mr Bridgen, your remarks can wait for another time, man. We are discussing a very sensitive matter. Your thoughts have been heard: let us hear others.

Ms McGovern, please feel free to start again and go through your question. This issue is important, and courteous attentiveness is also important.

[Alison McGovern]

Thank you, Mr Speaker. I will not detain the House by repeating my entreaties on rationality, but we are talking about the facts. It is a fact that two years ago on 29 January 2014 the Government refused our calls to join the UNHCR scheme for the settlement of refugees, and it took a brave media to change their mind. I simply say to the Minister, “Don’t leave it too long again. Open our doors now.”

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[Tom Brake (Carshalton and Wallington) (LD)]

I thank the seven colleagues from seven different political parties, including the Conservative party, who signed a joint letter to the Prime Minister on this subject. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) also signed it. We obviously welcome the fact that the Government are still considering this issue, although we would like them to do so with a greater degree of urgency. If the Government are considering taking the 3,000 children, I hope that they will not suggest that that should happen over five years, because then some of those children would be at risk of freezing to death for the next four years or falling into the hands of traffickers.

Childcare Bill [Lords] (Programme) (No. 2)

Ordered,

That the Order of 25 November 2015 (Childcare Bill [Lords] (Programme)) be varied as follows:

(1) Paragraphs (4) and (5) of the Order shall be omitted.

(2) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, one and a half hours after the commencement of proceedings on the motion for this order.

(3) Proceedings in Legislative Grand Committee and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion, at today’s sitting, three hours after the commencement of proceedings on the motion for this order.—(Mr Gyimah.)

[Mr Speaker]

As I informed the House on 26 October, before a Report stage begins on a Bill I will seek to identify in advance those changes made in Committee which I would expect to certify, together with any Government amendments tabled for Report stage which, if passed, would be likely to lead me to issue a certificate. My provisional certificate, based on those changes, is available on the “Bills before Parliament” website and in the Vote Office. At the end of the Report stage on a Bill, I am required to consider the Bill, as amended on Report, for certification. As I informed the House on 26 October, I have accepted the advice of the Procedure Committee not, as a rule, to give reasons for decisions on certification during this experimental phase of the new regime. Anybody wishing to make representations to me prior to any decision should send them to the Clerk of Legislation.

Litvinenko Inquiry

John Bercow Excerpts

Thursday 21st January 2016 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

I thank the Home Secretary for the tenor and thrust of her statement. The magisterial report written by Sir Robert Owen says in paragraph 10.16:

“The FSB operation to kill Mr Litvinenko was probably approved by Mr Patrushev and also by President Putin.”

Given the secrecy of the Russian state, I do not think we need to worry too much about the word “probably”. This is way beyond the normal civil legal requirements and what is needed to take economic, political and diplomatic action. What is certain is that the Russian state under President Putin has killed over 100 opponents—lawyers, accountants, journalists and politicians. It is a kleptocratic state that uses assassination as a policy weapon.

May I ask the Home Secretary what we intend to do about Patrushev and Putin? We cannot tolerate their ordering assassinations on the streets of our country. Will she take targeted economic sanctions against them and, where possible, travel sanctions, although obviously those are not possible with a Head of State? Will there be an expulsion of intelligence officers—both FSB and others—from the Russian embassy, which would be entirely appropriate? It has been asked whether we should encourage our allies to help us. Of course we should, but we should also tell countries such as the Bahamas, Switzerland and Cyprus—all the Russian financial boltholes—that there is no hiding place for the money of these people.

[Mr Speaker]

We are extremely grateful to the right hon. Gentleman for what has to be described as a comprehensive question.

[Mrs May]

First, on the results of the inquiry, what Sir Robert Owen has found in relation to the individuals responsible for the murder of Alexander Litvinenko and, indeed, the responsibility of the Russian state will come as no surprise, as I said in my statement, because successive Governments have made the assessment that there was state involvement in this act. That is why the Government at the time took a number of measures, some of which remain in place today, in relation to our relationship with the Russian state. I assure my right hon. Friend that it is in no sense business as usual and that there is not the sort of relationship that we would have with most states.

As I indicated, action has already been taken against Mr Patrushev in his current role in the form of sanctions. As my right hon. Friend himself indicated in his question, relationships with a Head of State are a different matter. As I indicated earlier, the Prime Minister will raise this matter with President Putin.

Proceeds of Crime

John Bercow Excerpts

Wednesday 20th January 2016 Commons Chamber

[The Minister for Security (Mr John Hayes)]

I beg to move,

That the draft Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) (England and Wales and Northern Ireland) Order 2016, which was laid before this House on 17 December 2015, be approved.

[Mr Speaker]

With this, we shall consider:

That the draft Proceeds of Crime Act 2002 (Cash Searches: Code of Practice) Order 2016, which was laid before this House on 16 December 2015, be approved.

That the draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (England and Wales) (No. 2) Order 2016, which was laid before this House on 16 December 2015, be approved.

That the draft Proceeds of Crime Act 2002 (Search, Seizure and Detention of Property: Code of Practice) (Northern Ireland) Order 2016, which was laid before this House on 16 December 2015, be approved.

That the draft Proceeds of Crime Act 2002 (Investigations: Code of Practice) (England and Wales and Northern Ireland) Order 2016, which was laid before this House on 16 December 2015, be approved.

[Mr Hayes]

I am grateful, as ever, Mr Speaker, for your stewardship and indulgence.

The important matters before us are technical and, I anticipate, relatively uncontroversial; they are certainly not partisan. Nevertheless, it is important that we scrutinise them with the diligence for which this House is rightly famed, and I will be happy to deal with any amount of detail with which the House wishes me to engage.

Isaiah Berlin once said:

“Freedom for the wolves has often meant death to the sheep.”

As someone who believes in standing fierce in defence of the gentle, I know exactly what he meant. It may be of some assurance and comfort to the House that the matters under debate relate to the Proceeds of Crime Act 2002 and were largely commenced in England and Wales on 1 June 2015. In order to extend that commencement, as is necessary, to Scotland and Northern Ireland, we are required to make codes of practice that encompass those jurisdictions and bodies using the powers there. So, the codes will largely replicate those that were considered and approved by this House, which is why I described them as technical and largely uncontroversial.

The codes are a safeguard to ensure effective and consistent use of the powers. Once commenced, the new powers will give officers important new tools for the recovery of criminally obtained assets. That is a key pledge of our serious and organised crime strategy and the Government’s commitment to tackling all levels of crime.

The codes build on previous codes. They closely follow those issued more widely to police officers under the Police and Criminal Evidence Act 1984. The codes provide an important safeguard and ensure that the powers are used in a targeted, consistent and effective way, thus providing vital reassurance to the public that the powers in the 2002 Act are being used appropriately and proportionately.

The orders bring into force a number of codes of practice that provide guidance on the use of various powers under the 2002 Act. Four current codes need updating and a new code is required as a consequence of amendments made to the 2002 Act by primary legislation already passed by this House. I draw Members’ attention to the Policing and Crime Act 2009, the Crime and Courts Act 2013 and the Serious Crime Act 2015.

We plan to commence those powers relating to the 2002 Act throughout the UK on 1 March, in so far as they are not already in force. To achieve that, we need to issue the codes of practice that will provide guidance on the use of the powers throughout the UK. The Scottish Parliament and the Northern Ireland Assembly will consider codes that fall within their competence due to devolution.

Some might think that it would be enough for me just to put those technical matters on the record, but knowing this House as you and I do, Mr Speaker, I know that it will want me to say a little more about the amendments to the 2002 Act, which require the codes of practice providing guidance—

[Mr Speaker]

Order. As the Minister of State has already prayed in aid Isaiah Berlin, I had supposed that it would be only a matter of time before he would refer, in an orderly way, of course, to “Four Essays on Liberty”, but perhaps I am being impatient and that will be reached in the course of the right hon. Gentleman’s peroration. We wait to see.

[Mr Hayes]

Mr Speaker, you are encouraging me to stray from the subject at hand, but I will just say this: in a frail and fallen world, liberty has to be handled with great caution, and I have neither the time nor the expertise to delve into those matters at sufficient depth to satisfy you, Sir, or the House as a whole.

I will therefore restrict my remarks to the matters before us and deal briefly with the areas to which the codes of practice relate, namely the power to allow search of vehicles for criminal cash; search and seizure powers to prevent the dissipation of property that may subsequently be used to satisfy a confiscation order; expanded confiscation investigation powers to allow the tracing and identification of assets following a confiscation order; expanded civil recovery investigation powers; and change of court jurisdiction so that the Crown Court rather than the High Court will make investigation orders in relation to cash forfeiture cases.

As you will understand, Mr Speaker, we are not debating the powers themselves, because they have already been approved by the House, as I have described. Importantly, however, we are considering the codes that provide guidance on the use of the powers. This is essentially about the consideration of appropriate safeguards. Such safeguards are required under the 2002 Act in investigations by law enforcement officers. There is a final further code that relates to the use of the investigation powers by prosecutors, and owing to amendments made to the powers new codes are needed to address the new provisions.

The orders will bring all the relevant codes of practice into effect, ensuring that effective safeguards and up-to-date guidance are in place, and enabling full commencement of the amendments to the 2002 Act, which I have described. For the powers that are not yet in force, we are working towards a common commencement date of 1 March. The use of the powers will be rightly guided by the revised codes of practice. I make no apology for repeating that the codes are an important safeguard to ensure the targeted, proportionate and effective use of the powers in the Act, balanced against the entitlements—my brief says “rights”, a word I always hesitate to use, but I mean the lawful entitlements that we often call rights—of individuals and communities. I therefore ask the House to approve the orders to give effect to the codes of practice.

In order not to disappoint you of all people, Mr Speaker, I conclude by quoting my favourite poet—not T. S. Eliot, but W. B. Yeats:

“Do not wait to strike till the iron is hot; but make it hot by striking.”

The Government, with appropriate alacrity and determination, and with the moderation associated with putting in place such safeguards, are indeed striking to make the iron hot. In that spirit, I hope the whole House will agree that the orders are an appropriate way forward, with appropriate checks and balances in the exercise of these vital powers.

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[Several hon. Members rose—]

[Mr Speaker]

The person on my list is not here, but the hon. Member for North West Hampshire (Kit Malthouse) is here. Mr Malthouse, if you wish to give us your views, we wish to hear them.

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[Mr Hayes]

With the eye for detail that my hon. Friend’s scrutiny increasingly shows, and for which she is building a substantial reputation, she draws attention to precisely one of the matters that I discussed with my officials in the conversation I had with them this morning, to which I referred in relation to the comments made by the shadow Minister. It is right that we should clarify that point. She is also right that we need to consider the whole of the explanatory memorandum in a similar spirit, and that is precisely what we intend to do. I am grateful to her for allowing me to illustrate that not only she has an eye for detail, but the Minister has too.

The points made by the hon. Member for Foyle (Mark Durkan) seemed to me to be absolutely on the button. It is important that these things are dealt with consistently and that we take them seriously. I make no comments on his remarks about the previous history in the Province, but I can assure him that we are determined that the powers shall apply across our kingdom and that they will be pursued with appropriate vehemence. There can be no greater mission than to ensure that criminals do not profit from what they do. That is precisely what we intend to achieve. I am grateful for his support and for the comments he made about that.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) spoke about immigration officers’ powers. I take his point; they have been generally expanded so that they are now mainstream law enforcement officers, like the police, the NCA and others. There is appropriate training—he is right that it is very important that that takes place—and appropriate safeguards and oversight, as there always should be in such matters. This is in relation to the 2002 Act, as I said, and I will pass concerns on to the Minister for Immigration so that the people for whom he is responsible are equipped with the information and skills they need. As I said in response to the hon. Member for Foyle (Mark Durkan), it is important that we behave consistently, and I am grateful for his contribution to the debate.

The hon. Member for Strangford (Jim Shannon) spoke about effective enforcement, and not only is it important that these codes are clear, established, transparent and comprehensible, but the powers that they effect or give appropriate safeguards to must be used. As he said, it is right that there has been a determination in this House, but we must ensure that that is seen through to the point of impact. It is all very well having intent, a legislative vehicle and safeguards, but there must also be a determination that this is seen as an important priority in the Province and across the United Kingdom.

This has been a useful debate, and I am grateful for the spirit in which the House has considered these matters. It is perhaps best to end not with Yeats—although I could, and I am tempted to—but with C. S. Lewis, who said in “The Weight of Glory” that

“the art of life consists in tackling each immediate evil as well as we can”.

The proceeds of crime are an evil that this Government are entirely determined to tackle, and these codes will help us to do so. In that spirit, I commend the motion to the House.

[Mr Speaker]

With the indulgence of both the Chair and the House, the Minister has served up both a starter and a pudding, for which I am sure the House is deeply grateful. The main course has, of course, been provided by other hon. Members who have contributed to the debate and whom the Minister has graciously accommodated.

Question put and agreed to.

Oral Answers to Questions

John Bercow Excerpts

Monday 11th January 2016 Commons Chamber

[The Secretary of State for the Home Department (Mrs Theresa May)]

Colleagues across the House will recognise the dedication and commitment of the emergency services in response to the current widespread flooding. It has been a demonstration of public service at its best and a testament to the ability of our police and fire and rescue services to work together to keep the public safe from harm. We believe we must build on this foundation and encourage greater collaboration between local police and fire services—an issue raised in questions previously. On 5 January, the Prime Minister informed the House that responsibility for fire and rescue policy in England had transferred to the Home Office with immediate effect, and I am delighted that the Minister for Policing, Crime and Criminal Justice, himself a former firefighter, is the new fire Minister, in addition to his policing, victims and criminal justice responsibilities.

This machinery of government change is a natural progression of the Government’s work on emergency services collaboration. Police and fire services are sharing control rooms and back-office services, and we will shortly publish legislative proposals to enable police and crime commissioners to take on the governance of local fire and rescue services where a local case is made. I am keen to go further still and apply the lessons of police reform in the last Parliament to the fire and rescue service and ensure that policing learns from the tremendous success of fire prevention in recent years.

[Mr Speaker]

That was extremely informative but far too long. We need to be briefer from now on.

[Mr Burrowes]

The Home Secretary has confirmed that the Government’s relocation programme applies to vulnerable Syrian refugees who are also outside camps, but is the programme sufficient, given their number and vulnerability, and, not least, their risk of exploitation by people smugglers?

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[The Minister for Security (Mr John Hayes)]

My hon. Friend will know that much of this is done online, where there are those who are seeking to corrupt people to inspire them to murder and maim their neighbours. Since February 2010, more than 120,000 pieces of unlawful terrorist material have been taken down from the internet, and our Prevent programme works with communities, schools, colleges and local authorities across the country. Mr Speaker, I am intolerant—intolerant of that wickedness which seeks to do so much harm.

[Mr Speaker]

We are better informed.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

T4. Figures released recently from the Met police show that serious youth violence is continuing to rise across the capital. Since being elected last year, I have lost three of my constituents to serious youth violence. Young people need to be safe on our streets. It is an issue for all of society. Can the Minister not see the link between rising numbers of knife crimes and falling numbers of police officers? London’s Mayor has been letting people down. Is it not time for a Labour Mayor of London?

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[James Brokenshire]

My hon. Friend will be well aware that, in the renegotiation, the Prime Minister is highlighting migration as one of the key elements. There is a sense of the impact that migration has on populations, which is why it remains a key issue.

[Mr Speaker]

Last but not least, Simon Danczuk.

[Simon Danczuk (Rochdale) (Ind)]

T9. The Minister wrote to me saying that 33,000 asylum seekers were spread across 95 local authority areas. If they were spread across 326 local authority areas, there would be 101 in each area. Why does Rochdale now have 1,071 asylum seekers?

[Several hon. Members rose—]

[Mr Speaker]

Order. I am sorry to disappoint remaining colleagues, but pressure was very intense today. Demand usually exceeds supply.

Immigration Bill

John Bercow Excerpts

Tuesday 1st December 2015 Commons Chamber

Brought up, and read the First time.

[Mr Speaker]

I call the spokesperson for the Scottish National party. Mr Kerr?

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Stuart McDonald, Mr Speaker.

[Mr Speaker]

Indeed. I am grateful. I had not received intelligence as to who was going to speak for the SNP, but the hon. Gentleman is here and he will be heard.

[Stuart C. McDonald]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 17—Residential Tenancies: repeal of provisions of the Immigration Act 2014—

‘(1) The Immigration Act 2014 is amended as follows.

(2) Omit sections 20-37, 74 (2)(a) and Schedule 3.”

Repeals the provisions of the Immigration Act 2014 in relation to the right to rent.

Amendment 18, in clause 1,  page 1, line 9, at end insert—

‘(3A) The matters to which the Director must have regard in pursuance of his or her functions include the provision of assistance and support to victims of non-compliance in the labour market, as defined under subsection (3)(1).’

To ensure that the functions of the Director of Labour Market Enforcement are exercised for the purpose of protecting the victims of labour market exploitation and to make this explicit on the face of the Bill, mirroring section 41 of the Modern Slavery Act in respect of the Anti-Slavery Commissioner established by that Act.

Amendment 19, page 5, line 2, leave out clause 8.

To omit the clause on the new illegal working offence and maintain the status quo.

Amendment 20, in clause 8,  page 5, line 9, after “if” insert “without reasonable cause”.

To provide for a defence against the offence of illegal working.

Amendment 33, in clause 9,  page 7, line 11, leave out subsection (1) and insert—

“(1) In section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker), leave out subsection (1) and substitute—

(1) A person commits an offence if he knowingly or recklessly employs an adult subject to immigration control, where—

(a) this adult has not been granted leave to enter or remain in the United Kingdom, or

(b) this adult’s leave to enter or remain in the United Kingdom—

(i) is invalid,

(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or

(iii) is subject to a condition preventing him from accepting the employment.”

To restrict the criminal offence of “employing illegal worker” to where this has been done “knowingly or recklessly”.

Amendment 47, page 7, line 36, in clause 10, leave out “Scotland or”.

Removes the power for the Secretary of State to make regulations relating to illegal working extending to Scotland.

Amendment 48, page 7, leave out line 41.

Prevents the Secretary of State making regulations that confer functions on Scottish Ministers in relation to illegal working.

Amendment 49, page 8, line 5, leave out “an Act of the Scottish Parliament or”.

Definitional change for purposes of amendments 47 and 48.

Amendment 50, page 8, line 6, leave out “under such an Act or”.

Definitional change for the purposes of amendment 49.

Amendment 51, in clause 11, page 8, line 13, leave out “Scotland or”.

Removes the power for the Secretary of State to make regulations relating to illegal working in relation to private hire vehicles extend to Scotland.

Amendment 52, page 8, leave out line 18.

Prevents the Secretary of State making regulations that confer functions on Scottish Ministers in relation to illegal working relating to private hire vehicles.

Amendment 53, page 8, line 25, leave out paragraph (b).

Definitional change for purposes of amendments 51 and 52.

Amendment 35, page 9, line 4, leave out clauses 13 to 16.

Removes the extension of the right to rent legislation in the Bill.

Amendment 46, in clause 13, page 9, line 31, at end insert—

‘(5A) A landlord will not commit an offence under subsection (1) if—

(a) the landlord enters a residential tenancy agreement with an organisation or person who is supporting an adult mentioned in in subsection (2);

(b) the rental payment received by the landlord as a result of this tenancy does not significantly exceed the costs that are incurred by the landlord for having the adult occupy the premises.”.

Ensures that a landlord who has agreed by working with an organisation/charity to provide accommodation to support failed asylum seekers are exempt from committing an offence.

Amendment 22, page 10, line 4, at end insert—

‘(8A) A landlord does not commit an offence under this section during the period of 28 days specified in section 33D (4).”

To protect a landlord/landlady from prosecution for renting to a person without a right to rent during the period for which they are prohibited from evicting the tenant under section 33D(4).

Amendment 23, in clause 14,  page 12, line 1, leave out subsection (2).

To remove the provisions providing for summary eviction.

Amendment 24, page 13, line 18, leave out “Sections 33D and” and substitute “Section”.

See explanatory note for amendment 23.

Amendment 25, page 13, leave out line 24.

See explanatory note for amendment 23.

Amendment 26, page 13, line 26, leave out subsections (5) to (7).

See explanatory note for amendment 23.

Amendment 54, in clause 16, page 17, line 7, leave out “, Scotland”.

Removes the power for the Secretary of State to make regulations in relation to the right to rent scheme extending to Scotland.

Amendment 55, page 17, line 10, leave out “, Scotland”.

See explanatory statement for amendment 54.

Amendment 56, page 17, leave out line 17.

Prevents the Secretary of State making regulations that confer functions on Scottish Ministers in relation to the right to rent scheme.

Amendment 57, page 17, line 27, leave out paragraph (c).

Definitional change for the purposes of amendments 55 and 56.

Amendment 41, in clause 57, page 50, line 4, at end insert—

“(7) Regulations made under—

(a) section 10;

(b) section 11; or

(c) section 16

of this Act shall not come into force in Scotland without the consent of the Scottish Parliament.”

Ensures regulations made under the relevant sections cannot extend to Scotland without the consent of the Scottish Parliament.

Amendment 21, in clause 58, page 50, line 9, at end insert—

‘(2A) Section 13 shall come into force subject to the conditions set out subsection (2B).

(2B) The Secretary of State must prepare and publish an evaluation of the national implementation of provisions contained in sections 20 to 37 and Schedule 3 to the Immigration Act 2014, and must lay a copy of the report before Parliament.

(2C) The report in subsection (2B) must include an assessment of the impact of those provisions on—

(a) individuals who have a protected characteristic as defined in Part 2, Chapter 1 of the Equality Act 2010, and

(b) British citizens who do not hold a passport or UK driving licence.”

This amendment would require the Secretary of State to lay before Parliament an evaluation of the national roll out of the 2014 Right to Rent Scheme before the new offences in clause 13 come into force.

New clause 8—Detention of persons—exempted persons—

In paragraph 16 of Schedule 2 to the Immigration Act 1971, after subsection (4) insert—

“(5) A person may not be detained under this paragraph if they are—

(a) a woman who—

(i) states that she is pregnant, where this is confirmed to be the case or,

(ii) is reasonably suspected to be pregnant by an immigration officer;

(b) a person whose initial claim for asylum to the United Kingdom was based on being a victim of one of the following:

(i) human trafficking;

(ii) torture;

(iii) sexual violence;

(c) a member of any other group as may be prescribed in regulations by the Secretary of State.”

This amendment would provide that pregnant women, people who claimed asylum as victims of trafficking, torture or sexual violence, and any other group prescribed by the Secretary of State, may not be detained pending an examination or decision by an immigration officer.

New clause 9—Time limit on detention—

In paragraph 16 of Schedule 2 to the Immigration Act 1971 after subsection (4) insert—

“(5) Subject to subsection (6), no person shall be detained under this paragraph for more than 28 days.

(6) Subsection (5) shall not apply where the person detained under this paragraph has a criminal conviction with a sentence of imprisonment for three months or more.”

This amendment provides that people shall not be detained pending an examination/a decision by an immigration officer for more than 28 days, unless they have a criminal conviction.

New clause 13—Review of Immigration Detention—

“(1) Before the end of the period of three months beginning on the day on which subsection (1) of section 32 comes into force, the Secretary of State must commission a report on detention under paragraph 16 of Schedule 2 to the Immigration Act 1971 that addresses the following matters—

(a) the process for, and detail of, introducing a statutory maximum limit of 28 days on the length of time an individual can be detained under that paragraph;

(b) how to reduce the number of people detained under that paragraph;

(c) how to minimise the length of time an individual is detained under that paragraph;

(d) the effectiveness of detention in meeting the Secretary of State’s objectives; and

(e) the effectiveness of procedures to review decisions to detain and to continue to detain.

(2) The Report must be published by a panel appointed by the Secretary of State.

(3) The panel appointed under subsection (2) must be independently chaired.

(4) On completion of the report, the Chair of the panel must send it to the Secretary of State.

(5) The Secretary of State must lay before parliament a copy of the report received under subsection (4).”

Reflecting the unanimous agreement of the House of Commons to the recommendations of the joint APPG on Refugees and APPG on Migration inquiry into immigration detention, the new clause requires the Secretary of State to appoint an independently-chaired panel to consider the issues raised therein and report to Parliament within three months of Schedule 7 to the Bill coming into force.

Amendment 32, in schedule 7, page 97, line 22, at end insert—

“(2A) The Secretary of State must grant a person bail if a person is detained under a provision mentioned in sub-paragraph (1) after no later than the 28 day following that on which the person was detained.”

To introduce a 28 day time limit on the amount of time a person can be kept in immigration detention.

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[Patrick Grady (Glasgow North) (SNP)]

Week after week at my constituency surgeries, I am left speechless as I try to explain to people coming from the most difficult of circumstances and wanting to seek a fresh home, make a fresh start and contribute to our society and economy, why this Government refuse to let them in. Does my hon. Friend agree that the net migration target is completely ideological and has nothing to do with what is actually good for the country?

[Mr Speaker]

I could never imagine the adjective “speechless” being applied to the hon. Gentleman.

[Stuart C. McDonald]

I agree with my hon. Friend.

Such an honest debate must include discussion of how we assist communities that face challenges because of significant levels of migration. It must be about how we incentivise migrants to live in the parts of the United Kingdom that most need them and can most easily accommodate them. It should be about whether and how we can properly count those coming in and out, and how we can enforce the rules we already have, rather than create endless new rules. The debate must no longer proceed on the basis of the vicious climate of hostility policy that the Government pursue, and which affects all of us. We need a better approach to migration than the ludicrous one-size-fits-all target, which actually incentivises—my hon. Friend alluded to this—the exclusion of husbands and wives, the persecuted and the bright young students who will be the leaders of tomorrow.

We should reject this flawed Bill, which is designed to pursue a flawed target. Indeed, saying that it seeks to pursue that flawed target is in itself almost certainly being too kind, because it has zero chance of getting us anywhere near the target. This is not pursuit, but pretence. The Bill has been well described as “immigration theatre”. That is the fundamental flaw at the heart of the Bill, but there are so many problems with its pernicious clauses that it is not possible to do them all justice in the time available.

The Government may feel compelled to be seen to do something about net migration, but in reality the Bill will do nothing to resolve the challenges of migration, nor to maximise its benefits, and it will not certainly achieve the bogus target. However we look at it—from the perspective of the rule of law, human rights, the best interests of children, or just simple common decency—the Bill is pretty desperate stuff. I encourage Members to vote against it on Third Reading.

[Keith Vaz (Leicester East) (Lab)]

I will speak only very briefly. Unfortunately, the Home Affairs Committee sitting has prevented me and other members of it from being in the Chamber, though the hon. Gentleman for Cumbernauld and the rest of the places he represents—

[Mr Speaker]

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald).

[Keith Vaz]

I knew you would remember, Mr Speaker. The hon. Gentleman did tell me that he would be in the House to speak on behalf of his party, which of course he does so very eloquently.

I join the shadow Home Secretary and the Home Secretary in welcoming all the good work done by Members on both sides of the House in scrutinising the Bill, particularly the new shadow Minister for Immigration. The shadow Home Secretary has stolen him from the Home Affairs Committee. He says he is the star striker—he is not yet the Jamie Vardy of the team, but he is going that way. Sorry, I could not think of an Arsenal player; otherwise I would have mentioned him.

I think that I have served longer than any other Member in the Chamber at the moment, with the exception of the right hon. Member for Gordon (Alex Salmond), who had a short gap to be the First Minister of Scotland. In the 28 years I have been in the House, we have had about 20 immigration Bills. Every time we have one, the Home Secretary in successive Governments has got up at the Dispatch Box and said that, as a result of passing the Bill, immigration will be kept under control, the system will be much better, illegal migration will be reduced and that is the end of the show as far as such matters are concerned. Unfortunately, it never ends up like that: we pass legislation, and I am afraid that at the end of the day we have to come back again to pass another Bill.

I hope that that will not be the case with this Immigration Bill, because during the next four years until the next election I do not want the Home Secretary—either the right hon. Lady or her successor, although I am sure she will be in office for a long while—to have to come back and tell the House, “Well, it didn’t quite work, so we’re going to try something new.” My concern is not with passing legislation, although that is of course what the House is for, but with the way in which we administer the legislation. As reflected in the reports of the Home Affairs Committee, my concern has always been with the administration of the Home Office.

The Home Secretary has taken great strides. She has abolished the UK Border Agency and replaced it with a much more effective organisation. Sarah Rapson and her team are doing a much better job than their predecessors. However, there are always examples of situations in which illegal migration is not under control. Only yesterday, as a result of work done by the BBC in the south-west, undercover reporters posing as illegal migrants went to various places in Kent and Sussex and offered themselves as employees—[Interruption.] I can send the Home Secretary the video. They offered themselves as employees to work illegally in those two counties, and they were offered jobs at £2.80 an hour. They were also given advice by the employers on how to evade enforcement officers.

So no matter what legislation we pass here, at the end of the day we need an administration that is fit for purpose. I hope that, as a result of passing this legislation, we will get more focus on how we enforce the law, to ensure that those who wish to come to this country legally—students and others who genuinely want to study and work here—can do so, and that those who want to come here illegally will not be allowed to do so and will not be allowed to offer themselves for employment and to be put at risk by unscrupulous employers. There is a huge job of work to be done on the way in which we deal with enforcement, and if we can get the enforcement section of UK Visas and Immigration up to the same standard as the other parts of the organisation, it will make a huge difference. I hope that the Home Secretary will take that message with her as she continues her long journey running the Home Office.

The Select Committee heard today from the head of the UK Border Force, Sir Charles Montgomery, that he had not yet been told what his allocation was to be following the cuts—or should I say the austerity measures —at the Home Office. The Home Secretary fought a good fight with the Chancellor to protect the budget for counter-terrorism and policing, but she obviously did not win the fight in respect of the Home Office’s other functions. I hope that Sir Charles will be given that information as soon as possible, because protecting our borders, especially in the current climate, is one of the key concerns of the House and, I know, of the Government.

Oral Answers to Questions

John Bercow Excerpts

Monday 16th November 2015 Commons Chamber

[Joanna Cherry]

rose—

[Mr Speaker]

The hon. and learned Lady is welcome to have a second bite of the cherry, on the assumption that the bite is small.

[Joanna Cherry]

I am very grateful, Mr Speaker. We are all aware that the Syrian refugees who are coming to the United Kingdom are particularly vulnerable individuals. They will need time and privacy to settle and integrate into the communities that they go to. Will the Home Secretary tell us what work the Home Office is doing to support local communities to give the refugees the time and privacy to integrate?

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. As Members know, it is my usual practice to run exchanges on important ministerial statements very fully, and therefore I simply signal to those who have not been able to catch my eye at this time, on account of constraints of time, that if they are here at 3.30 there will be a very full opportunity to explore these matters at that point.

[Ruth Smeeth (Stoke-on-Trent North) (Lab)]

9. What recent discussions her Department has had with police and crime commissioners on the future of frontline policing.

--- Later in debate ---

[Mr Speaker]

How fortunate that the Minister of State has contributed! I should have been greatly saddened, and the House not inconsiderably impoverished, if a Home Office questions had passed without an intervention from the right hon. Gentleman.

[Mr Douglas Carswell (Clacton) (UKIP)]

Is the Home Secretary confident, given the limited budget, that the security services have the resources they need to keep us safe?

Paris Terrorist Attacks

John Bercow Excerpts

Monday 16th November 2015 Commons Chamber

[Several hon. Members rose—]

[Mr Speaker]

Order. Before I call the shadow Home Secretary, the House will wish to know that on behalf of the House of Commons I will be conveying our heartfelt sympathies to my colleague Claude Bartolone, the President of the Assemblée Nationale. Our thoughts today are with our colleagues in Paris.

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. Accommodating all interested colleagues will require great brevity, in which exercise we can, as so often, be led by Gisela Stuart.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Further to the answer given to my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Home Secretary knows better than most people in this place that successful counter-terrorism depends on information gathered through neighbourhood policing. If she cuts that extremely important link, her increase in intelligence officers will not bring about the result that she desires.

Policing

John Bercow Excerpts

Wednesday 4th November 2015 Commons Chamber

[Lisa Nandy (Wigan) (Lab)]

On a point of order, Mr Speaker. I would be grateful for your advice. The House will be aware that last week a statutory instrument was passed upstairs in Committee that would allow surface-level drilling in national parks and areas of outstanding natural beauty for the purposes of what is commonly known as fracking. It is yet to be taken on the Floor of the House, but today the Government issued a consultation on this very subject on their departmental website, which at the very least causes considerable confusion, but at worst may supersede the statutory instrument itself. Have you received any indication from a member of the Treasury Bench or a Government Minister that they intend to make a statement on the subject to the House?

[Mr Speaker]

I am bound to say to the hon. Lady that I have received no such indication. To date, nothing disorderly has occurred and, as I understand it, the relevant regulation has not been passed. Whether the issue of the consultation paper is to the taste of the hon. Lady or others is a matter for her, but with regard to propriety and order, nothing improper or disorderly has occurred. I must answer factually that, as of now, I have received no such indication, although what might be thought to be a request for such a statement will have been heard on the Treasury Bench. I thank the shadow Secretary of State for what she has said.

Draft Investigatory Powers Bill

John Bercow Excerpts

Wednesday 4th November 2015 Commons Chamber

[Several hon. Members rose—]

[Mr Speaker]

Order. More than three dozen hon. and right hon. Members are still seeking to catch my eye. If I am to have any realistic chance of accommodating them without intruding excessively on subsequent business, brevity is now required.

[Alex Chalk (Cheltenham) (Con)]

Constituents of mine who work at GCHQ are some of the most talented and dedicated public servants anywhere in our country, but they are also conscientious and scrupulous about acting within the law. Does the Secretary of State agree that these measures contain a clear authorisation and oversight framework, including a welcome judicial element, which can command public confidence and, crucially, allow GCHQ employees to do their vital work with professionalism and pride?

--- Later in debate ---

[Several hon. Members rose—]

[Mr Speaker]

Order. I do not wish to embarrass any individual hon. Member, but may I just gently point out that a Member who was not here at the start of the statement or who has gone in and out of the Chamber during the course of it should not be standing and expecting to be called? We have a very long-established practice that a Member must be present at the start of a statement and remain present throughout the exchanges, and I think on the whole the House will think that is a very proper courtesy.

[Richard Graham (Gloucester) (Con)]

I welcome the statement, which will help make the country safer and prevent local authorities from accessing communications data. The Home Secretary rightly condemned the extraordinary claim by the shadow Home Secretary in an otherwise positive response that the Prime Minister had said that the entire Muslim population condoned extremism. Will she confirm that in his speech on 7 October the Prime Minister specifically recognised the value of religious teaching across all religions, but said that the teaching of intolerance or separatism was not acceptable? Does the Home Secretary also agree that many of us know good examples of Islamic teaching in our constituencies and the message today is very clear: we should unite against extremism using all modern tools appropriately, and if there is nothing to hide, there is nothing to fear?

Chief Constable Dismissal Procedures

John Bercow Excerpts

Thursday 29th October 2015 Commons Chamber

[Mr Hayes]

My hon. Friend need make no apology for his bluntness. He makes his case with the kind of passion that we see too infrequently in this House, and I know that you, personally, Mr Speaker, will agree with that sentiment.

[Mr Speaker]

There is never a deficit of passion, or indeed of oratory, from the Minister of State.

[Mr Hayes]

Ah, Mr Speaker, I may be a player, but the stage is yours.

The truth is that, in particular circumstances, with the sensitivities that surround particular cases, there will be strong views held on all sides of the debate, and it is by the nature of this Chamber that my hon. Friend the Member for North East Somerset has been able to bring some of those strong views to our attention. I know that the Minister for Policing, Crime and Criminal Justice, who is sitting beside me, takes these matters very seriously indeed, and I may have some news at the end of my speech that may give some satisfaction to those who have contributed to this short discussion.

The process that I have described includes the PCC obtaining the views of Her Majesty's chief inspector of constabulary in writing and having regard to those views; providing a copy of those written views to the chief constable and the PCP; providing a written explanation to the chief constable and the PCP of the reasons why he or she is proposing to remove a chief constable; notifying the chief executive; and giving the chief constable the opportunity to make written representations. If the PCC still proposes to call upon the chief constable to retire or resign, he or she must give the chief constable and the PCP a written explanation of their reasons, which must also be given to the chief inspector of constabulary. A scrutiny hearing of the PCP will then be held in private, at which the PCC and chief constable are both entitled to attend to make representations, regardless of whether the PCP wishes to call them.

The PCP may consult the chief inspector of constabulary before making a recommendation to the PCC as to whether or not the commissioner should call for the retirement or resignation of the chief constable. Fundamentally —this goes to the heart of the debate—the PCC is missioned to act reasonably and fairly.

It was Disraeli, Peel’s adversary in the corn law debates, who said

“circumstances are beyond human control, but our conduct is in our own power.”

The question of how we conduct ourselves is vital to any relationship, not least that between the police and the public. I thank my hon. Friend for raising these issues and for giving me the opportunity to speak about this relationship today.

The news I want to bring to my hon. Friend and other concerned Members of this House is that, given the representations made by right hon. and hon. Members, well articulated in this debate, and typical of my right hon. Friend the Minister for Policing, Crime and Criminal Justice, he is indeed happy to meet Members of this House to discuss their concerns. He is also prepared to meet the former chief constable as part of that process. It seems to me important that that further check on reasonableness and fairness, personified by this excellent Minister, is vital both as a matter of principle and as a matter of practice in this case. I know that all who have contributed to the debate will recognise the significance of the step that my right hon. Friend has decided to take and I have imperfectly and humbly been able to draw to their attention.

Question put and agreed to.