Refugee Family Reunion (Immigration Rules)

Stella Creasy Excerpts

Tuesday 29th November 2016 Westminster Hall

[Thangam Debbonaire]

I acknowledge that it is a two-way process. That is important, but there is a lot more we can do.

Someone fleeing war, torture or conflict may have lost relatives or been separated from parents or children. They may have been cared for by an aunt or an older sibling. They may have a wider idea of family than the nuclear family of western social policy. As the hon. Member for Rutherglen and Hamilton West said, their children may have reached 18 by the time their status is confirmed, but they may still need protection or be dependent. If refugee family reunion rules in the UK are to ensure the security of refugees’ family members and family unity, they must address relationships of dependence beyond those currently permitted.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

My hon. Friend is making an incredibly powerful case. The reason why people run needs to be at the heart of how we do our refugee policy. Nobody decides to leave their family lightly. We need to counter the idea that one member of a family is at risk but another is not to understand how to have a dignified and humane approach to refugees.

[Thangam Debbonaire]

I agree. I find it difficult to understand why a child who has come from a place that is deemed unsafe for them to go back to cannot simply bring their parents here.

In July, the Home Office published updated guidance on refugee family reunion, which set out details of types of cases where exceptional circumstances may apply—for example, in the case of dependent children over the age of 18. It is important that there are exceptional circumstances, and it is a welcome sign that the Government recognise the importance of family reunion, but it is not enough. People are usually granted leave to remain in exceptional circumstances for only 33 months, and they may be subject to other restrictions to which those granted refugee status are not subject. Those restrictions are left to the discretion of Home Office officials, which does not give them the certainty that a change in the rules would provide.

The Home Affairs Committee, in HC 151, its sixth report of this parliamentary Session, reviewed the work of the immigration directorates:

“It seems to us perverse that children who have been granted refugee status in the UK are not then allowed to bring their close family to join them in the same way as an adult would be able to do. The right to live safely with family should apply to child refugees just as it does to adults. The Government should amend the immigration rules to allow refugee children to act as sponsors for their close family.”

I thank my right hon. Friend the Member for Leicester East (Keith Vaz) for that work.

The same Committee, in HC 24, its seventh report of this Session, on the migration crisis, stated:

“Family reunion of migrants has been shown to have benefits in terms of integration and support networks, in addition to the human rights requirements of allowing families to be together, and there is clear scope for further measures to facilitate women and children joining husbands, fathers and other male relatives who have reached the UK…We also recommend that the UK broaden the scope of family reunion rules”.

I therefore support the Home Affairs Committee, the Refugee Council, Refugee Action, Amnesty International, the British Red Cross and many others, and call on the UK Government to end the discrimination against children, allowing those recognised as refugees the right to be joined in this country by other family members. Further, the definition of “family” should be expanded to include a wider range of family members. I recognise that that is challenging, but those people have come from war zones.

Our system needs to be properly implemented to fulfil our legal and moral obligations. The effect of cuts to legal aid is that refugees and UK citizens struggle to be reunited with their family members. Legal aid for specialist legal help for family reunion was cut by the coalition Government in 2013, on the grounds that it was considered a straightforward immigration matter that did not warrant the need for specialist legal support. The evidence, however, from the British Red Cross, the Refugee Council, Women for Refugee Women and my own caseload shows that many of the cases are far from straightforward—they are complex and require specialist legal advisers. Given what is at stake for families, there should be legal aid provision to assist refugees making family reunion applications.

Furthermore, those refugees who have been granted citizenship cannot sponsor family members in the same way as those only with refugee status. That seems particularly harsh. They are subject to the same minimum income and other requirements of the spousal visa process as other UK citizens. I understand why that has happened, but it is difficult for newly arrived people to meet such conditions—for those who have arrived here from war zones, it seems unnecessarily harsh. I therefore ask the Government, after their review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, to reinstate the provision of legal aid in family reunion cases. Will the Minister comment on that?

I also ask the Government to expand the scope of family reunion so that those who have been granted UK citizenship, or who were born UK citizens, can sponsor family members in the same way as those with refugee status. I further ask that they be granted legal aid in the same way.

Rather than simply turning down an application if there is not enough information, it would be helpful if the Home Office asked for more information. The Refugee Council reported to me that applicants are not being given the opportunity to submit further evidence for their application when their supporting documentation is deemed insufficient. They are simply told that their application has been turned down, which forces them into lengthy and costly appeals processes. During that time, refugees who want to come here continue to live in precarious conditions, often in a third country—for example, if they have fled Syria, they might be in a camp in a neighbouring country such as Lebanon.

That would save the Government money on the appeals process and, most importantly, it would end the practice of leaving families stuck in vulnerable and precarious situations for months on end, waiting for an appeal to be heard. I therefore call on the Government to revise their practice guidance to officials carrying out the process and to move to asking for more information, rather than simply rejecting a family if there is insufficient information.

Demonstrating a relationship involves further complications. In applications for a sponsor’s spouse, whether through marriage or civil partnership, as well as an unmarried partner, the applicant must demonstrate a “subsisting relationship” that preceded the sponsor’s application for asylum, as well as the intention to live together permanently. Again, I understand why that has come about, but I hope that the Minister accepts that relationships and marriages happen, and children are born, while refugees remain in third countries awaiting decisions on resettlement. The rules exclude such families from reuniting, because they are deemed to be post-flight families.

For unmarried and same-sex partners, applications must also demonstrate that the couple

“have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.”

Again, I ask the Government to recognise that resettled refugees are likely to form family relationships during the often lengthy period between their flight from their country of origin and their resettlement in the UK. I ask the Government to revise their rules accordingly.

The process should be safe. The British Red Cross report, “Not So Straightforward”, which I mentioned earlier, described how, although the initial application for family reunion can be made online, the following process requires family members wishing to join relatives here in the UK to travel to their closest visa application centre. The report highlighted examples of families risking their lives to travel to an embassy, crossing conflict zones, or of people being turned away from the embassy when they arrived, even when they had appointments. I therefore ask the Government to change the rules so that the process is safer, by allowing refugees in the UK to submit the family reunion documents, rather than forcing their family members to make journeys that are often costly and dangerous.

In conclusion, I ask the Government to consider eight requests, and I hope that the Minister will be able to give an answer to some, or at least an indication of the direction of travel. If he cannot grant my requests, will he agree to meet me in any case to discuss them further?

First, will the Government allow children recognised as refugees the right to be joined here in the UK by family members? Secondly, will the Government expand the definition of family to include a wider range of family members? Thirdly, will the Government reinstate the provision of legal aid in family reunion cases? Fourthly, will the Government expand the scope of refugee family reunion so that those who have been granted UK citizenship can sponsor family members in the same way as those with refugee status? Fifthly, will the Government grant legal aid to refugees with UK citizenship? Sixthly, will the Government revise the guidance so that officials ask for more information, rather than simply rejecting a family’s application because of insufficient information? Seventhly, will the Government recognise that resettled refugees are likely to form family relationships during the often lengthy period between flight and resettlement, and revise the rules accordingly? Eighthly, will the Government change the rules, so that the process is safer, by allowing refugees in the UK to submit the family reunion documents?

Those people have fled from war, persecution and torture. Many of them have gone through terrible journeys to reach sanctuary in the UK. Many are children. Surely it is not too much to ask that they are allowed to be reunited quickly, safely and easily with their families. After all, is that not what we would want if it happened to us?

[Owen Thompson (Midlothian) (SNP)]

I thank the hon. Member for Bristol West (Thangam Debbonaire) for securing this important debate, and I commend her for it. The topic is important to my constituents, as it is to her and, of course, to the many refugee families and lone children throughout the world.

The UK Government have made some progress in expediting the move of refugee children to the UK from the fallout of the Calais “jungle” camp shutdown. That has to be welcome to an extent, but the lack of speed and organisation has been disappointing. While delays continue, children go missing, fall victim to traffickers, are bought and sold, are damaged, and are alone.

[Stella Creasy]

Does the hon. Gentleman share my concern that the Government seem to be changing the rules retrospectively on the children whom we take from Calais, specifying certain countries rather than persecution as the question at the heart of the issue? Just as this debate is about how to help those being persecuted, it is important that we as a country do not renege on our commitments.

[Owen Thompson]

I very much agree with the hon. Lady. At times, it feels like a feast of moving goalposts, which does not help those in most need of the support that we should be giving them. The Government need to do more to speed up the process of helping.

Lone children wandering Europe, who are now estimated to number in the hundreds of thousands, will not reduce in number if we ignore the situation in Syria. That is why we must take a joined-up approach and not separate the problems. I am confident that the Minister will tell us about how the Government are putting more money into support for refugees than any other country in Europe, but simply throwing money at a problem is not enough. We need to accommodate the points made by the hon. Member for Bristol West and to change our system, taking into account individual circumstances, which would make a real difference to families and, most importantly, those young people who are so often left alone.

I recently raised in the House the case of one of my constituents who had lost their son. He had not been known to the family for more than a couple of years and was sadly thought to be dead. Luckily, we found that he was still alive. However, having had the joy of discovering that, the family then had to battle to bring him to join them in Scotland. At one point, they did not know whether they would ever see him again. I commend the Home Office for the support that it has given the family. Although it took a bit of time to arrive, that support has been productive, and we are hopeful that there will be a positive outcome to that case in the near future. The Home Office must work with all the agencies on the ground that do such an amazing job to help children who are alone in a war zone. We need to do so much more to ensure that the process of bringing those young people back to join their families is much faster.

The humanitarian situation in the region affected by the Syrian conflict is vast and growing. Atrocities happen every minute of every day, and the children caught up in that situation who so often flash up on our TV screens and social media feeds sadly face many more years of conflict, pain and hurt before there is any end in sight to that conflict. It is so sad to consider that children and families are separated.

We must do what we can now. We must act swiftly and with compassion. We must not continue waiting for child refugees to come knocking at our door; doing so leaves them with little option but to make dangerous journeys, often with dangerous people who do nothing but profit and prioritise money over their safety. Where it is safe to do so, we must actively seek out displaced families and children in conflict zones. We must make more of an effort before an entire generation of children is put at risk of losing the care of their families, many of whom have been affected by emergencies and cannot support their children without help.

--- Later in debate ---

[Ms Abbott]

The right hon. Gentleman makes an important point. If we regard these people as people, then gaining refugee status is only the beginning, as has been said. What they need around them, if at all possible, is their family. That is what the unfair and inappropriate state of family reunion rules militates against.

I remind the House of the final act of the United Nations conference of plenipotentiaries on the status of refugees and stateless persons, which provided that signatories—we are one—take

“the necessary measures for the protection of the refugee’s family”,

with particular reference to

“Ensuring that the unity of the refugee’s family is maintained”

and

“The protection of refugees who are minors”.

I think the summation of this debate so far is that we are not taking the necessary measures for the protection of the refugee’s family.

Article 3 of the 1989 UN convention on the rights of the child states that the interests of the child must always be the primary consideration in all actions relating to them. The Home Office guidance from 2009, “Every Child Matters”, says that there is a statutory duty to promote the welfare of children, which must also apply to children overseas. I have dealt with so many cases down the years in which it was quite clear that the welfare of the children overseas was the last thing on the Home Office’s mind. As we have heard, many campaigners, non-governmental organisations and immigration lawyers argue that the current UK legislation and practice may meet the letter of the UN convention but not the spirit. As I think most of us know, there is scope to allow an application outside of the immigration rules, but in my experience that is an extremely rare occurrence.

The then Immigration Minister, the right hon. Member for Old Bexley and Sidcup (James Brokenshire), argued in the House in 2015 both that the UK rules were more fairly drawn than other countries and—this is the essence of the problem in fairly treating refugees—that to widen them would act as a pull factor for more refugees. That is what is behind the Home Office’s thinking. The Dublin III regulations are designed to allow greater access for child refugees, but they are widely regarded as bureaucratic and unwieldy, and the same verdict is widely shared of the application form itself. The Dubs amendment, to which my hon. Friend the Member for Walthamstow (Stella Creasy) referred, was designed to provide access in the interests of the child. However, it now seems very unlikely to meet its designated target of 3,000 child refugees from the encampment in Calais. We have let those children down, and we have let those Members of the Lords and the Commons who supported the Dubs amendment down.

As the Minister will no doubt tell us, there is a series of long-established refugee resettlement schemes, such as the mandate and gateway schemes, and the Syrian vulnerable persons scheme. The Government have also recently announced a vulnerable child resettlement scheme—I dare say we will hear about too. However, the effect of those various ad hoc schemes is to add to the complexity and bureaucracy, as any of us who have dealt with refugees will know, and to exacerbate inconsistencies—Syrian children, but not Yemeni or Afghan children.

I am quite clear that the reason why the existing regime for refugee family reunion seems unfair and incoherent and not in the spirit of the UN conventions that we have signed has to do with the toxic debate on immigration that we are having. In the post-Brexit era, and in the era of Trump, I cannot let the issue of the general debate on migration go past.

[Stella Creasy]

Does my hon. Friend agree that this is not a debate that makes sense in Britain? Actually, we have had a proud tradition of taking and supporting refugees in this country. I am mindful that Creasy, like Farage, is a Huguenot surname, and that all of us come from communities that have benefited from the input of refugees. That is the true British, patriotic tradition that we should be supporting.

[Ms Abbott]

My hon. Friend is completely correct: this is a not a debate that makes sense in the UK any more than it makes sense in the US—a country that was built on immigration, more than any other society that can be named. However, because migrants, refugees, asylum seekers and so on are conflated in the popular narrative, we are where we are.

With Brexit, Trump and the debate about the conditions under which we leave or do not leave the European Union, there is no doubt that the issue of migration is going to come up over and over again. I urge Members who have shown such sympathy and compassion to refugees, and on family reunions specifically, to hold their nerve on the question of immigration. It is so important that as politicians we have a debate on immigration that is based on the facts, not on urban myth. It is so important that we do not propagate notions that immigrants in some general sense drive down wages, when it is in fact predatory employers who drive down wages. It is so important that we do not join UKIP in the gutter when talking about migrants and refugees.

My hon. Friend the Member for Bristol West made eight very important points. I want to leave the Minister plenty of time to respond to each of them—not with waffle, not by trying to change the subject and not by referring to general things the Government may have done in the past. I say to the House that these are difficult times to argue for fair treatment for asylum seekers, refugees and immigrants, but precisely because it is a difficult time, it is so important that those of us who feel able to should stand up and be counted. After all, the point about refugees is that they are not just figures on a Home Office briefing; they are not just images on a television screen; they are not just the subject of Nigel Farage’s speeches—they are people, and they deserve to be treated as people in a fair and humane fashion.

--- Later in debate ---

[Mr Goodwill]

I will make a little progress, otherwise I will not be able to answer the points made during the debate, given the time constraints.

In July, the Home Office published revised guidance on the types of cases that may benefit from a grant of leave outside the rules in exceptional circumstances, including adult dependent sons or daughters over the age of 18 who are not leading an independent life and are living in a conflict zone. The new guidance also provides more clarity for applicants and their sponsors, so that they can better understand the process and what is expected of them. I do not believe that widening the definition of family is practical or indeed necessary, especially as the numbers of people granted a family reunion visa are likely to increase in line with the numbers of recognised refugees in the UK.

A balance has to be struck between reuniting families quickly and not creating a situation where the UK becomes the destination of choice, with family members and children in particular being encouraged or even forced to leave their country and risk hazardous journeys to the UK. They should instead claim asylum in the first safe country they reach.

[Stella Creasy]

More of us might have sympathy for the Minister’s argument about a pull factor were it not for the fact that only the UK and Denmark put this restriction in. Surely if there were a pull factor, it would be coming from other countries. Does he have any evidence that other countries offering this form of family reunification has been a pull factor? If not, I think it is time to put this straw argument to bed.

[Mr Goodwill]

The point was made by the hon. Member for Glasgow North East (Anne McLaughlin) that if children could sponsor parents, it would not be a pull factor. I point out that Eurostat figures show that in 2015, there were 35,250 claims from unaccompanied minors in Sweden and 14,400 claims from unaccompanied minors in Germany. Those are the countries with the highest number of unaccompanied asylum-seeking children and the most welcoming asylum policies.

We must not inadvertently create a situation where parents are incentivised to place their children’s lives in the hands of traffickers or criminal gangs and risk dangerous journeys to Europe. Indeed, I was in Nigeria over the summer and had that precise point made to me by those whom I met there. The Government’s priority is to provide humanitarian aid to those most in need in the regions affected by conflict. We have pledged £2.3 billion in humanitarian aid to Syria and neighbouring countries. We are also providing nearly £65 million in response to the Mediterranean migration crisis.

The Government remain strongly committed to resettlement. We are on track to resettle 20,000 Syrians by 2020, and there will be an update on those figures later in the week. That is in addition to the vulnerable children’s resettlement scheme, which will resettle up to 3,000 children and individuals at risk by 2020, and our long-standing gateway and mandate schemes, which the shadow Immigration Minister mentioned. There is no limit to the number of refugees who can be resettled under the mandate scheme, and individuals with close family ties in the UK may be eligible. That route also allows wider family members to be resettled in exceptional circumstances.

The hon. Member for Bristol West mentioned the time taken to grant asylum claims. I point out to the House that we have turned asylum performance around. Since the end of 2014, we have consistently met our ambition of deciding 98% of straightforward cases within six months. We are committed to improving the process for those applying for family reunion, and my officials have been working with the British Red Cross to ensure that the application process is as smooth as possible and decisions are made in a timely fashion, to ensure that families are separated for the shortest possible time. In 2015, the Home Office was deciding family reunion applications within an average of 40 days.

I have met the chief executive of the British Red Cross, Mike Adamson, to discuss many of the issues we have debated today, and my officials are looking at what more we can do to improve our service to those applying for family reunion, including redesigning the application form. A simpler application form, as well as the improved guidance, will help applicants better to understand the family reunion process.

There have been calls, including today, for legal aid to be made available for family reunion applications, but I do not believe, with the changes we have made and continue to make, that it is necessary. Applications for family reunion are free of charge, and in deciding how to allocate legal aid support, the Government must be mindful that this is all taxpayers’ money.

UK Visas and Immigration is formulating plans to consolidate decision making for family reunion applications into one team based in the United Kingdom. That work was initiated following the inspection of family reunion applications by the independent chief inspector of borders and immigration. I am grateful to David Bolt for conducting such a thorough inspection. I assure the House that the Home Office treats all applications for family reunion with compassion and sensitivity and will continue to do so. The Government have accepted all the recommendations in the chief inspector’s report and work is under way to implement them.

I want to reassure Members that I have listened carefully to the arguments put forward today in favour of widening the family reunion criteria. The Government recognise the important principle of family unity, but our policies must be balanced, and we must not inadvertently and perversely create a situation in which families see an advantage in sending people ahead, in particular children, putting their lives at risk by attempting perilous journeys into and across Europe: tragically, such journeys have cost many lives. I therefore remain of the view that widening the criteria to include many other categories of people is neither practical nor sustainable.

Oral Answers to Questions

Stella Creasy Excerpts

Monday 31st October 2016 Commons Chamber

[Mr Goodwill]

We are assisting with that transfer process, and once those children are in a place of safety away from the people traffickers who would seek to exploit them, we will be able to carry out that work in a more methodical way. We hope to have the process completed within weeks.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Further to the question from my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), we know that there are currently 30 young girls, some as young as under 12, in the container camp in Calais. Can the Minister confirm that the Home Office staff left the site on Saturday? If so, when will they go back and restart the rescue of those children and their transfer to the UK?

[Mr Goodwill]

We must remember at all times that the camp is in France. We must work closely with our colleagues in the French authorities to ensure that children are removed from the container camp and taken to a place of safety where they can be processed in a more orderly way.

Calais

Stella Creasy Excerpts

Monday 24th October 2016 Commons Chamber

[Amber Rudd]

My hon. Friend is right that we are committed to prioritising the most vulnerable, which means the youngest and minors at risk of sexual exploitation. We will always make sure that we do that. We are putting them at the front of the queue in terms of interviewing. Frankly, these are the ones who are most likely to qualify under the Dubs amendment, where it becomes clear that they are better served by being in the UK.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I associate myself with the comments of the new Home Affairs Committee Chair about the progress being made. I want to pick up what the Home Secretary said about the reports from the camp today and the chaos that we are seeing there as it is being closed. I have details with me of 49 children under the age of 13 who the voluntary agencies say could not register at the warehouse today. I would be happy to share those details directly with the Home Secretary and her officials. Will she give me a personal assurance that she will investigate the fate of those 49, including three who are under the age of 11? Will she give an assurance that any child brought here under this legal process will not be put in a detention centre here in the UK?

[Amber Rudd]

I am surprised to hear the hon. Lady talk about a detention centre. We are making sure that all the children who come over here are looked after in a way that we, as a proud and compassionate nation, can rightly call the best way. If she has any additional information, she is welcome to send it to me or to hand it to the Minister for Immigration at the end of this statement. We have 36 staff on the ground who have gone over during the past few weeks specifically to do this. They are engaged with the NGOs as well. There is no “them and us” feeling in the camp. We all have the same aims, and I would ask her to bear that in mind. We want to get the youngest children and the most vulnerable out. There is nothing but good will and good intent on this side to make sure that we can achieve that.

Calais Jungle

Stella Creasy Excerpts

Monday 10th October 2016 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Home Secretary will be aware that there is a great deal of concern in the House today about the numbers. The voluntary sector has identified for her Department 387 children as being eligible to come here under Dublin III and the Dubs amendment, for example, but there is a wait of more than three months before many can even lodge an asylum claim in France; I do not think the hon. Member for Shipley (Philip Davies) is aware of that fact. This country is spending three times as much on building a wall to block those children from coming here as on trying to prevent them from being trafficked. Given the Secretary of State’s welcome commitment to getting things moving, will she reverse that ratio and put more money into the administration needed to process the papers, so that we can get those children out of that hellhole today?

[Amber Rudd]

I understand and share the hon. Lady’s genuine passion and commitment to this subject. However, it is not a lack of finances for dealing with the paperwork that has been slowing things up; this is a question of ensuring that the French engage with us, so that we can commit to getting the numbers through that we want. For instance, we have already referred to the 200 agreed under the Dublin agreement, and to the additional number under the Dubs amendment, but the French have begun to work with us on this only in the past three weeks. They are now focused on wanting us to take children from the camps, because they now want to clear the camps. I can confidently tell the hon. Lady that there will be a remarkable increase in our ability to take those children over and to process their claims, not because of money, but because of the political will to get it done.

Oral Answers to Questions

Stella Creasy Excerpts

Monday 5th September 2016 Commons Chamber

[Amber Rudd]

My hon. Friend is right to refer to the fine line and to the fact that the camp is a place of terror and danger. We will follow up on our obligations, and as I said in answer to an earlier question, we are now managing to move more quickly. I ask him not to underestimate the difficulty sometimes of dealing with French law and EU law. We cannot simply move in and take action; we must act within the law, which is always in the best interests of the child.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I welcome the Home Secretary to her new role. I was in Calais at the weekend for the second time this summer. Both times I met some of the 800 young unaccompanied children in that camp—children who told me that in the many months they have been there they have not spoken to a single Government official. I met a pregnant woman who said that she had tried to claim asylum in France, but the system is so broken that she was told it would be months before they would even begin to process her application. These people are living in hell because of a lack of bureaucracy. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) is absolutely right. They need our safeguarding, because they are sleeping in tents with strange men. Will the Home Secretary meet me and other MPs affected by this issue and concerned about it to discuss how we can change that?

[Amber Rudd]

I would point out to the hon. Lady that the French have already dispersed 5,000 people from the camp. The Interior Minister has already said that he has plans to make sure, by the end of the year, that the camp is phased out so that everybody can be rehoused. It is important for the children to know, as the adults know, that they are not forced to come to the UK to find a bed; they can claim asylum in France, and the French Government are willing to do that. The hon. Lady should have a care not to encourage unwittingly the traffickers to bring more children to the camps.

EU Nationals in the UK

Stella Creasy Excerpts

Wednesday 6th July 2016 Commons Chamber

[Andy Burnham]

I will come on to that point. However, I do not see why, in seeking to secure the position of British nationals overseas, we should undermine people living here, paying taxes here, and working here.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Let us put some real people into this picture. In the past week alone, I have spoken to an Italian grandmother who has been here for 46 years and is devastated at the thought that she may have to return to her home country, a Dutch DJ who makes our street parties in Walthamstow swing, a Danish climate change scientist who is helping to tackle a problem that faces us all, and an Irish artist who makes beautiful but challenging sculptures for our community. At the same time, my community has faced a spike in hate crime. Today we need to send a message, do we not, that this hate crime—this division—is not orderly and has no place in our society, but these people do, and they are very welcome here.

[Andy Burnham]

My hon. Friend makes a very important point. I have read in The Guardian the views of some health professionals talking about how they feel. An Allied Healthcare professional—not a DJ—who is Dutch said this:

“Since the referendum, I wish I had not come to the UK. Half the population does not want me here. I am tearful at times. If I had the chance I would leave now.”

It is not true: half the population does not want these people to leave, but that is obviously how they have been left to feel.

--- Later in debate ---

[James Brokenshire]

The Department for Business, Innovation and Skills has been actively involved in reassuring students who are about to embark on their studies. I was intending to deal with that point later.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Will the Minister give way?

[James Brokenshire]

Of course I will give way to the hon. Lady. I will always be generous to her.

[Stella Creasy]

Is there not a cruel irony in what the Minister is saying? Many of those who fought for Britain to vote to leave the European Union did so on the basis of the concept that we would somehow retain sovereignty over our own decision making, yet at the very point when we could exercise that sovereignty—when we as a House could vote unconditionally to give the EU citizens who are currently in the United Kingdom security about their status here—the Minister is choosing to prevaricate and to link that to decisions in the European Union. If the House votes for the motion, will he not accept that it has made an unequivocal statement about the sovereignty of the UK Parliament, and will he therefore give those people the status that they deserve?

[James Brokenshire]

I reiterate that we will act fairly. It is important for us to take these steps with a cool head, in a calm way, to secure the best possible outcomes for EU citizens who are here, as well as for British citizens overseas.

Further considerations must be taken into account. As I said on Monday, it has been suggested by Members of Parliament and others—and it has been suggested again today—that the Government could fully guarantee EU nationals living in the UK the right to stay now, but where would the right hon. Member for Leigh draw the line? I think that he has drawn it in one place already by suggesting 23 June, but what about 24 June? What about the EU nationals who arrived later that week, or those who will arrive in the autumn to study at our world-class universities? Or should we draw the line in the future—for example, at the point at which article 50 is invoked, or when the exit negotiations conclude?

It must also be recognised that, as well as working to protect the rights of EU nationals in the UK, the Government have a duty to protect the rights of UK nationals who currently reside in countries throughout the EU. Just as EU nationals are making a tremendous contribution to life in the United Kingdom, UK nationals are contributing to the economies and societies of the countries that belong to the EU.

Immigration Bill

Stella Creasy Excerpts

Ping Pong: House of Commons
Monday 9th May 2016 Commons Chamber

I recognise that the Government have moved on this issue to a position of not allowing detention beyond 72 hours, or up to a week with the Secretary of State’s approval. That does not go far enough, but it is better than no limit. The amendment that was eventually accepted in the Lords reflected that concession and introduced other important safeguards. It is worth setting out those safeguards for the House. The first is the overriding principle that pregnant women should be detained only in the most exceptional circumstances. The second is that detention must be at a place where there are facilities for appropriate medical care. The third is that there should be provision for an independent family return panel. That is the amendment that the Lords have put back before the House tonight: a limit of 72 hours, or up to a week with the Secretary of State’s approval; the overriding principle of detention in only the most exceptional circumstances; appropriate medical facilities; and the involvement of an independent family return panel.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Does my hon. and learned Friend agree that we should move to not detaining vulnerable people at all? It is expensive and immoral. In this amendment, we see some movement on that, because after all, we consider pregnant women to be vulnerable, but given that two thirds of the women in places such as Yarl’s Wood are victims of sexual violence in conflict, we really should not detain any of them at all.

[Keir Starmer]

I am grateful for that intervention. On vulnerable individuals as described, I agree. I state again that our position, particularly in relation to pregnant women, is that they should not be in immigration detention at all. However, this is a move in the right direction by the Government, and the limit proposed is better than no limit at all.

Unfortunately, the amendment in lieu undoes a lot of the good work, because it seeks to remove the overriding principle that there should be detention only in the most exceptional circumstances, and seems to remove the provision relating to medical facilities. For those reasons, we will not support the amendment in lieu, but will support the Lords amendment.

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[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I strongly welcome the Government’s huge change in principle and acceptance of the Dubs amendment. I pay tribute to Lord Dubs, Citizens UK, Save the Children, Help Refugees, the Association of Jewish Refugees, countless faith groups, 70,000 people who signed the petition and Members from all parts of the House who have argued strongly for the measure.

I welcome the spirit of the amendment tabled by the hon. Member for Enfield, Southgate (Mr Burrowes) and the hon. Member for South Cambridgeshire (Heidi Allen), and I am glad that the Government have accepted it. I was saddened by the contribution made by the hon. Member for Aldershot (Sir Gerald Howarth), and I do not believe that his views are representative of those of most Conservative hon. Members. I think the hon. Gentleman’s point was that children in Europe are somehow not at risk and are safe, but we know that that is not the case: 10,000 child refugees have simply disappeared.

When the hon. and learned Member for Sleaford and North Hykeham (Stephen Phillips) and I were in Athens last week, we went to a makeshift camp in a hockey stadium, where 1,200 people are staying in rigged-up tents and under blankets. In among them were children and teenagers with no one to look after them. The aid workers talked about the abuse, the risk of domestic violence and the cases of rape that there have been. Children need to be supported. We also met Greek Government Ministers—probably the same ones that the Minister for Immigration met last Friday—who said that they want help, particularly to resettle children quickly because they are at risk and are out of school.

By agreeing to Lords amendment 87B, we will be saying that we are prepared to do our bit. However, I urge the Minister for Immigration to move swiftly on the practicalities. I welcome the steps he has set out, but I urge him not simply to go along with the original objective of the Dubs amendment, which was to help 3,000 children—I hope he will still aim to achieve that by providing support for 3,000 child refugees—but to set a milestone by accepting the proposal put forward by UNICEF, Citizens UK and the group of bishops to help all those currently stuck in limbo in the family reunification system. In particular, we should help the nearly 150 children in Calais and the first 300 children from Italy and Greece to do our bit to speed up the process as rapidly as possible so that we can get them in place and resettled by the beginning of the school year. Some of those children have been out of school for far too long already, and we should do our bit to help. Of course, that will mean giving support to local authorities to enable them to do so.

[Stella Creasy]

My right hon. Friend is making an incredibly powerful speech. She is right to say that this amendment is supported not just by Conservative Members, but by people across the country who think we should help such child refugees. Indeed, people in my own community were so inspired by her work and that of Lord Dubs that they raised over £1,000 in five days to pay for caravans for children to stay in in refugee camps in Calais while waiting to be resettled in this country. There is clearly support for this across the country. It is right that we look at the 3,000 figure as a milestone, but I hope she agrees that we can do a lot more.

[Yvette Cooper]

I agree with my hon. Friend that there is a lot of support and interest in this amendment, and we should be drawing on that. The Government have talked about working with the LGA, but I hope that they will also work with all sorts of other organisations. For example, I had an email only this morning from an independent boarding school local to my constituency that wants to offer two free places from September for child refugees. I will pass that offer on to Ministers, who I hope will take up not only that offer, but those of about 80 places from independent boarding schools across the country, as well as others from other community groups and organisations that want to do their bit to help—from faith groups to Home for Good, which wants to work with the Government to bring forward more places—

Dublin System: Asylum

Stella Creasy Excerpts

Wednesday 4th May 2016 Commons Chamber

[James Brokenshire]

My hon. Friend is absolutely right about the steps that the Government have taken through the vulnerable persons resettlement scheme. Our focus remains on providing safe routes for the most vulnerable in the region. The UK has made an important contribution, which plays a part in the overall work across the EU of providing stability and preventing people from making the journey.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Minister will know that there is a huge amount of concern about the issue in this country, and especially about unaccompanied children in the camps in Calais. It is welcome to hear that the Government now agree with Alf Dubs, but given what the Minister has said today and the problems that we have seen to date with people claiming asylum through the current Dublin arrangements, will he give us some numbers? How many young people does he think the UK will now be able to offer sanctuary to as a result of the decision that the Government have made today?

[James Brokenshire]

The Prime Minister said earlier that we will discuss the matter with local authorities, and we will also continue discussions with the United Nations High Commissioner for Refugees, Save the Children and others. It is right that we assess the issue carefully in that way and come to the right conclusion.

Immigration Bill

Stella Creasy Excerpts

Monday 25th April 2016 Commons Chamber

[James Brokenshire]

I am grateful to my right hon. Friend for highlighting this issue, which we consider carefully. I assure her that we will continue to look at those specific issues as we develop implementation of the policy. Important steps forward have been taken on the healthcare linkages at Yarl’s Wood and in the Bedfordshire healthcare system so that appropriate care and support is provided to pregnant women. I will reflect further on what she has said, particularly on her additional points about transportation.

I was pleased that the amendment to put the adults at risk policy on a statutory footing was accepted in the other place. However, on Third Reading it was amended further by the addition of a subsection placing an absolute exclusion on the detention of pregnant women. The Government do not agree that there should be an outright exclusion of pregnant women from detention. We must retain the ability to detain in certain limited circumstances—for example, where a pregnant woman who does not have the right to enter the UK is identified at the border and can be returned quickly, or where a pregnant woman presents a public risk or has a poor compliance history and the safe and most manageable way forward is a short period of detention prior to removal.

For some time now, I have listened carefully to concerns on the issue of detaining pregnant women pending removal. We had a wide-ranging Backbench Business Committee debate a few months back, and I have listened carefully to the representations made by my hon. Friends the Members for Bedford and for Wealden (Nusrat Ghani), and my right hon. Friend the Member for Meriden. Hon. Members will have noted that the Government’s written ministerial statement of 18 April has clearly set out our position on the detention of pregnant women. The Government have tabled a motion that will place a statutory time limit, broadly in line with that for families with children, which will end the routine detention of pregnant women. It would mean that pregnant women may be detained for up to 72 hours, for example, immediately prior to a managed return; to prevent illegal entry at the border where a return can be quickly arranged; or if a pregnant woman presents a public risk. There would be the ability to extend this up to a maximum of seven days in total in particular circumstances, but only on the basis of ministerial approval.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is important that we are very clear about whom we are detaining, particularly when it comes to detaining pregnant women. We know that the vast majority of people in Yarl’s Wood are victims of rape and sexual torture, and they come to us for sanctuary. The Minister talks about carrying out a review, but will he explicitly consider whether being a victim or a suspected victim of rape and sexual torture can be grounds for denying detention? It is the 21st century, and it is humiliating and not cost effective for us as a nation that we lock these women up, rather than set them free.

[James Brokenshire]

It is important to recognise that the majority of people in our immigration removal centres are not asylum seekers; some people will claim asylum when they have been taken into an IRC. The point the hon. Lady makes about vulnerability is powerful and important, which was why we commissioned Stephen Shaw to make the recommendations he did on these matters of vulnerability. I hope she will see when we publish the adults at risk strategy and those various points that weigh the relevant factors that we are taking precisely those elements into account and that the presumption should not be to detain unless there are overwhelming factors that support detention and mean it is appropriate. I ask her to hold fire perhaps until she sees that policy, and I look forward to engaging with her further once she has had that opportunity.

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The amendment to allow asylum seekers unrestricted access to the labour market after six months would completely undermine the current system and the measures in the Bill. Last year, I visited the refugee camp in Calais with my hon. Friends the Members for Faversham and Mid Kent (Helen Whately) and for Gravesham (Mr Holloway). I spoke with a number of young people who wanted to come to the UK. They told me that they were coming to the UK to work and even told me exactly who they would be working for. However, they would be working illegally. In my mind, therefore, a move to allow asylum seekers unrestricted access to work would do nothing but encourage more young vulnerable adults or minors to come to the UK.

[Stella Creasy]

When I was first elected, an Opposition Member told me that there were two divisions in the House of Commons: one between left and right; and one between those who, as a matter of course in their constituency, have to deal with the UK Border Agency and those who do not. The hon. Lady is making a very compelling argument about some of the problems in our immigration and asylum system. Why then does she wish to penalise the young vulnerable people she talks about by not supporting them tonight and by not saying that the problems she identifies are to do with politicians? Let us not penalise these young people. Let us stand with them tonight and get our act together.

[Kelly Tolhurst]

I am a constituency MP and I represent the people of Rochester and Strood. I have had a lot of representations, over an extended period of time, about what people have seen in my constituency and across the county of Kent. I represent what a large proportion of people in my constituency believe on this matter.

To allow asylum seekers unrestricted access to our labour market after six months would encourage more young men to make their way to the camps and make the perilous journey across the channel. Personally, I do not want to support that or be a party to it.

I am sure my hon. Friends will say I have spoken enough already, but I would just like to say that I believe the Bill, as it stands and as I saw it in Committee, is right. I think it is a great step forward for the Government. It addresses what many people in this country have identified as issues and concerns for them. I will therefore be supporting the Government this evening.

Investigatory Powers Bill

Stella Creasy Excerpts

Tuesday 15th March 2016 Commons Chamber

[Mrs May]

With a degree of prescience, my right hon. and learned Friend refers to the very next issue that I will address in my speech. I was going to point out that I know some right hon. and hon. Members have scrutinised the language in the Bill and have raised exactly that issue. I want to be absolutely clear: under the Bill, it will be for the judicial commissioner to decide the nature and extent of the scrutiny that he or she wishes to apply. Crucially, I can reassure right hon. and hon. Members that commissioners will have access to all the material put to the Secretary of State. The judicial commissioner will look not just at the process, but at the necessity and proportionality of the proposed warrant.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Will the Home Secretary give way?

[Mrs May]

If I may, I want to make a little more progress.

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[Mrs May]

I have to say to my right hon. and learned Friend that that will not be the case. The point is that it is important that the Secretary of State and the judicial commissioner make decisions on the basis of the same information being available to both of them. If the judicial commissioner decides that there is not enough information available, he or she would presumably refuse the warrant. It would be open to the Secretary of State to appeal to the Investigatory Powers Commissioner to look at the warrant again, or if the warrant is refused in such a circumstance, the Secretary of State might themselves say, “Take the warrant back, put in more information and resubmit it.”

[Stella Creasy]

Will the Home Secretary give way?

[Joanna Cherry (Edinburgh South West) (SNP)]

Will the Home Secretary give way?

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[Mrs May]

I will come on to talk about the bulk warrants, but it was clear from the Committee reports that the powers in the Bill are necessary. The ISC raised a question about the bulk equipment interception warrants, but, following that, the Government have produced further information on all bulk cases. We published some case studies and examples of how the powers would be used alongside the redrafted Bill.

[Stella Creasy]

rose—

[Mrs May]

I will give way to the hon. Lady, who has been persistent.

[Stella Creasy]

May I take the Home Secretary to the other end of the telescope, as it were, on this matter? One of the concerns people have about a general access point is not about the warrants, but about the notion that, especially online, we can separate contact and content data. The idea is to allow access to contact data, but that will inevitably be blurred with content data online. Does she accept that there is a challenge in separating contact and content data, which could give rise to some people’s concerns about general access to information? Looking at somebody’s internet correspondence is not the same as looking at a record of their phone calls.

[Mrs May]

I know that that issue was raised when the draft Data Communications Bill was considered and has been raised in relation to the internet connection records power in this Bill, but such a separation is absolutely possible. We have talked at length with companies about being able to separate, for internet connection records, the websites that a particular device has accessed from the content of whatever has been looked at. It is very important for me to make it clear that when we talk about ICRs, we are talking not about looking at people’s web-browsing history, but about looking simply at the initial point of contact.

In relation to the authorisation process, which we have discussed in relation to the questions asked by my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke), I welcome the Joint Committee’s clear endorsement of the double lock regime and, specifically, the language of the Bill on that point. Right hon. and hon. Members who think that the senior judiciary will simply rubber-stamp Government decisions have clearly never dealt with British judges.

In the case of urgent warrants, the provisions have been tightened in response to the pre-legislative scrutiny.

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[Stella Creasy (Walthamstow) (Lab/Co-op)]

A comment often made to explain why political events go on for so long is that, although everything that needs to be said has been said, not everybody has yet said it. In the spirit of trying to offer something different to this debate, I want to speak as a member of the Science and Technology Committee, which we might call Parliament’s geek squad, and raise a third set of concerns about the Bill as it currently stands.

Members have already talked about proportionality and people’s concerns about the balance between security and liberty, about the challenges of extra-jurisdictional legislation and whether, in a global world, we can pass national laws that make sense. I want to add concerns about the technical aspects of the Bill and, frankly, about whether it will work. Is this legislation designed for digital natives who are comfortable with the modern world, or has it in fact been designed by what we might call digital refugees—people who run away from the reality of the modern technical advances with which we are trying to deal?

All of us have had the experience of trying to explain to a person aged under 20 that, no, we could not google our homework when we were at school. Many of us may have jumpers that are older than the internet, which has fundamentally changed our lives. In this country, a third of all divorces contain a reference to Facebook, a technology that came into our lives only in 2007, but has fundamentally transformed that most personal of relationships. When we come to thinking about legislation that takes account of modern technologies and the ways in which they change, such legislation must be based on an understanding of those technologies and of the consequences of such changes to the law.

With that in mind, it was when the Committee looked at the question of surveillance, especially internet connection records, that concerns arose. Concerns arose in particular about the idea that, as the right hon. Member for Sheffield, Hallam (Mr Clegg) said, a dragnet could be used to bring together internet connection records for every single member of the British population for 12 months, and about what that might entail.

There is a fundamental challenge at the heart of the Bill about the idea that it is possible to separate somebody’s contact data from their content data. Many internet companies have made that point and said that they are concerned about such a definition. As yet, the legislation has not completely grappled with that definition. The Bill makes a distinction between identifying IP addresses and being able to know whom people have contacted, and what it calls anything else that

“might reasonably be considered to be the meaning…of the communication”.

That definition makes sense when we are talking about phone records, but the legislation has to cope with the world to come, not the world that has gone. If I send a message through Outlook, others do not need to know the content of the message to know that it is a request for a meeting. When we talk about knowing which websites people have visited, that of course brings with it content analogies: if I visit the Refuge website or the Alcohol Concern website, that is contact data, but because it is online contact, by its very nature it carries content information.

I very much welcome the shadow Home Secretary’s comments about our needing to challenge such definitions. We need a much tighter definition of what it means to have an internet connection record and of what information is held as part of that record. All three of the Committees that have looked at the legislation have called for that. However, to date, we have not heard from the Government an understanding that in the modern world the distinction between content and contact is not viable. The distinction between entity and events, and everything else, must be much tighter in the Bill. If it is not, the question of who can access that information bleeds into the question of who can access the meaning of those content combinations.

Such questions will become starker as the internet develops, and particularly with the internet of things—I see that a few digital refugees on the Government Benches, and perhaps even some Labour Members, are querying what the internet of things is. It is the growing number of physical objects that are connected online. This Christmas I was given a coffeemaker that I can set off using my mobile phone, and it is wonderful to sit in bed and order several cups of coffee. So far, we have online airbags in cars, online burglar alarms, and some Members might even set their home electricity online. All those forms of contact are created through online mediums. We will soon have pacemakers that are electronically set up. People will be able to access their bank accounts in the same way. All such contact is potentially information that could be created in an internet communication record. It could also be useful in an investigation.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

With the internet connection record, we are looking for a past history for a future crime. If someone is investigating a child abuser or a terrorist, is it not relevant to see their past records and whether they have accessed sites with relevant material? We would be able to see that from contact information.

[Stella Creasy]

I am not quite sure about the hon. Gentleman’s point because no one is suggesting that we would not want to access such information. My point is that, from a technical perspective, separating contact data from content data is much more difficult than the Home Secretary suggests. That means that we need more honesty about the powers we are proposing that our police and investigatory authorities should have.

For example, if someone can get information about my use of an electricity meter, they might want to look at the contact between me and that meter. If I were accessing it a lot, they might wonder what I was doing in my home that required so much heat. Drug enforcement agencies might look at such contact patterns, and inevitably that brings with it content about what someone is doing. That does not mean that we do not need methods to access that information; it means that one thing missing from this debate to date is an honesty about the technological complications that will come with this Bill, and we must address those concerns.

[The Minister for Security (Mr John Hayes)]

Perhaps I can reassure the hon. Lady. The Home Secretary emphasised that we continue to have discussions with the providers for exactly the reasons she has described. It is essential that they can do what we oblige them to do, and we are determined to put those mechanisms in place. The right hon. Member for Sheffield, Hallam (Mr Clegg) gave the game away because he said that repeatedly, over time, security services and the police have requested the ability to carry out such work, for the simple reason that they need to do that in order to protect us all.

[Stella Creasy]

I am grateful to the Minister for acknowledging that the idea that one can always separate contact from content data is not viable. We need a much more honest debate about who will be able to access that information and under what circumstances. I hope that that will be discussed in Committee, because as the Bill is currently drafted, we cannot justify to our constituents the fact that their content data may be accessed—however inadvertently—because of the nature of technology. We must address that.

Let me move on to the question of honesty about encryption. A lot of technology companies and the technology industry in our economy are concerned about how the Bill may affect encryption. The Bill gives the Secretary of State the power to serve technical capability notices, and to require companies to remove their electronic protection. Again, it is not yet clear what that means, what protection exists in terms of encryption technologies, and what that might mean for other consumers of services. That is a real concern for many.

We know that encryption is a vital part of security for services. Constituents will mention Ashley Madison and TalkTalk, or they may be aware of hospitals that did not have security measures in place and had their systems hacked. We are talking about whether the Government will require those companies to bring in those backdoor opportunities for accessing information. We need much stronger scrutiny of the Bill and of what the encryption process means, not least because removing some of the encryption requirements would create a security risk. The Government are making that choice in return for the ability to do some of the things they are talking about doing, and we need to be honest with the public about that.

There is also a question relating to the security of data. In 2009, the Conservatives made great play of turning back the “surveillance state”, but it seems to me that they are seeking to privatise the databases they told us they did not want to see developed. The Bill asks companies to hold the data, but the security of that data is not clear. We know that having to hold everybody’s internet records for a whole year will be a honeypot to hackers. That will be a massive security risk unless security processes are in place—even if data are held by private companies. The fact that the Government have not clarified who will pay for that security, what a reasonable cost is and how to resolve disputes about what a reasonable cost will be, leaves open a gap that not just hackers but consumers will be deeply interested in. The Government must be much clearer about how they will make sure they protect consumers from having their information hacked as a result of requiring companies to gather data.

There are similar concerns about bulk interference and encryption data, but my central point is this: there are questions about the proportionality and the judicial extent of the Bill and working overseas, but there are also concerns about technology. We have to be able to answer questions on all three issues to be satisfied that the Bill is appropriate for the 21st century. I hope those issues will be addressed by amendments in Committee. I believe that many members of the Science and Technology Committee share concerns about whether our technology industry is comfortable with the proposed legislation.

For the Government to fail to act on any one of those questions will compromise the others. If we do not get the technology right and do not work with our overseas partners, we will not keep anybody safe. We could, in fact, create more problems. I hope Ministers will listen to those concerns and I hope they will recognise the spirit of what they said in 2009 about the importance of rolling back the surveillance state. I also hope they will be digital natives, not digital refugees. I will not support the Bill on Third Reading if they do not change it.