EU Nationals in the UK

Debate between Stella Creasy and James Brokenshire

Wednesday 6th July 2016 Commons Chamber

[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?

--- Later in debate ---

[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.

Dublin System: Asylum

Debate between Stella Creasy and James Brokenshire

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

Debate between Stella Creasy and James Brokenshire

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.

Healthcare: Yarl’s Wood

Debate between Stella Creasy and James Brokenshire

Wednesday 6th January 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

It is a pleasure to serve under your chairmanship, Sir David. May I congratulate the hon. Member for Edmonton (Kate Osamor) at the outset on securing this debate and on her contribution? I know that she feels strongly about this subject and has been committed to it over a period of time and since she has been in the House. I know how deeply she feels about these issues, as her contribution showed. I am genuinely grateful for the manner in which she has approached this debate.

As the hon. Lady indicated, one of the first things I did following the general election and my reappointment as the Immigration Minister was to visit Yarl’s Wood, recognising a number of the issues raised about the centre, and I specifically visited the healthcare centre at that time. I can certainly assure her and other Members of our focus on this issue and, indeed, the importance that the Home Secretary and I attach to the dignity and welfare of those in detention. That is of the utmost importance, and we take those responsibilities extremely seriously. I hope to talk about some of the generalities of the policy, to focus on Yarl’s Wood specifically and to address rule 35 access to independent medical examinations, as well as some of the other points flagged up, in the time available to me.

Our policy is that vulnerable people should not normally be detained under immigration powers. Our processes are designed generally to prevent vulnerable individuals from being detained unless there are very exceptional circumstances and, when vulnerability emerges after the point of initial detention, we aim to act quickly and appropriately.

Reference has been made to the Shaw review. Indeed, the hon. and learned Member for Holborn and St Pancras (Keir Starmer) highlighted it in his contribution. The Home Secretary commissioned Stephen Shaw to carry out an independent review of welfare in detention—that is, in immigration removal centres, in short-term holding facilities and for detainees under escort. The review considered many of the issues discussed in today’s debate. Mr Shaw was asked to look at current systems and policies, including those in place for identifying vulnerability, managing both the mental and physical health of detainees, providing welfare support, preventing self-harm and self-inflicted death, assessing risk, managing food and fluid refusal, and safeguarding. We have received Mr Shaw’s report and, as I indicated on Report of the Immigration Bill, it is our intention to publish both the report and our response to it before Committee consideration of the Bill in the House of Lords. That remains our intention.

[Stella Creasy]

Will the Minister give way?

[James Brokenshire]

I was just about to address the detention issues raised by the hon. Lady, as well as those raised by the hon. Member for Rotherham (Sarah Champion). The hon. Member for Walthamstow (Stella Creasy) referred to fast track in her contribution. I underline that I made the decision to suspend detained fast track—in other words, where an asylum case is being considered—because I was not satisfied with the safeguarding provisions around vulnerability. I will reintroduce it only when I am satisfied that appropriate processes and procedures are in place to ensure its safe reintroduction.

[Stella Creasy]

Will the Minister confirm whether, when the Government respond to the Shaw report, there will be clarity as to whether they consider women who are victims of rape and sexual torture—that is, two thirds of the residents of Yarl’s Wood—to be vulnerable in and of themselves, and therefore inappropriate for detention?

[James Brokenshire]

I will be careful not to pre-empt the Government’s response, but the hon. Lady will not have long to wait for the Shaw report. I recognise the importance attached to it. Indeed, the Home Secretary commissioned the report because of the importance we attach to it. My comments today will be based on the position as it stands, but the Government will have more to say on these issues shortly.