Immigration and Home Affairs

Stephen Flynn Excerpts

Tuesday 23rd July 2024 Commons Chamber

[Dame Angela Eagle]

I agree with my hon. Friend. The work of the taskforce on child poverty is beginning. All aspects of the mess the Conservatives left us with, including that disgraceful clause, will be looked at.

[Stephen Flynn (Aberdeen South) (SNP)]

Will the hon. Lady give way?

[Dame Angela Eagle]

I am very happy to give way, but could the right hon. Gentleman hurry up? I’m very close to the end of my speech.

[Stephen Flynn]

I thank the Minister for giving way. Can she perhaps clarify to the House why a taskforce is required to delete the appalling and abhorrent rape clause? Can she clarify that any Labour MP who votes for the SNP amendment tonight will not lose the Labour Whip?

[Dame Angela Eagle]

I am not a Whip, so I am not going to clarify what will happen. I am doing a difficult enough job as it is without trying to become the entire Labour Whips Office.

We have to turn the page and move on from the last period that we have all lived through. The Gracious Speech is the first Labour programme for government in 14 years and it is an exciting and ambitious programme. There are 40 Bills on topics ranging from clean energy through to economic stability and the Hillsborough law. It is a programme as ambitious for the country as the British people are, a programme that lays out a vision for a brighter, better future: to establish GB Energy to bring down energy bills; an employment rights Bill to end fire and rehire, and strengthen sick pay for workers; reforms to bus franchising to deliver local transport; regulation of water companies to clean up rivers, lakes and seas; and critical measures to strengthen Britain’s border security and improve policing across the country, two of this Government’s core missions. That is the change for which Britain voted on 4 July. It is a King’s Speech to be proud of, it is a King’s Speech to deliver, and I commend it to the House.

Question put, That the amendment be made.

Asylum Seekers Accommodation and Safeguarding

Stephen Flynn Excerpts

Monday 7th November 2022 Commons Chamber

[Stephen Flynn (Aberdeen South) (SNP)]

Contrary to some of the dangerous, disgusting, dog-whistle, right-wing rhetoric emanating from some members of the Conservative party, asylum seekers are people and we should judge ourselves on how we treat our fellow man. In that regard, the Minister will be aware that many people in hotels in Aberdeen have been in that situation for well in excess of a year, waiting for their asylum applications to be processed. When can we expect that particular issue to be resolved?

[Robert Jenrick]

As I said in answer to an earlier question, we are working hard now to accelerate decision making so that individuals can either be granted asylum or be removed from the country. I would say, however, that there is a marked trend in the data showing that some Scottish local authorities are taking a disproportionately low number of asylum seekers in every respect, so the first useful thing that the hon. Gentleman could do would be to go back to the local authorities that are controlled by the Scottish National party in Scotland and ask them to step up.

Economic Crime (Transparency and Enforcement) Bill

Stephen Flynn Excerpts

2nd reading
Monday 7th March 2022 Commons Chamber

[Yvette Cooper]

My hon. Friend is absolutely right. If we in this House are so confused and cannot follow this chaos, it must be devastating for families who are desperately trying to be reunited. I hope the Home Secretary will deliver on some of the promises she has made, but there is currently a huge gap between the rhetoric and the reality, which is letting Ukrainian families down badly.

[Stephen Flynn (Aberdeen South) (SNP)]

On the topic of confusion, is the right hon. Lady as concerned as I am about the fact that the Home Secretary seemed to indicate that the figure of 50 visas is inaccurate, yet in response to a question from the hon. Member for Rhondda (Chris Bryant) in the Foreign Affairs Committee earlier today, the Foreign Secretary said that she believed the Home Secretary had announced that? Is it 50, or is it not? Does this confusion not cut to the heart of the issue?

[Yvette Cooper]

Clearly we need updated figures, but my understanding is that 50 visas is the figure issued by the Home Office yesterday. I hope we will have a further update, but the problem is that we are now 10 days into the conflict, and the Home Office was warned—

--- Later in debate ---

[Stephen Flynn (Aberdeen South) (SNP)]

I have been listening closely to a lot of the contributions made by Members across the House. It is important to reflect on the fact that this Bill is an important piece of legislation, and one that is clearly long overdue. Will it have an impact on the situation as it stands—the invasion of Ukraine and the mindless slaughter of its people? I sincerely hope it will.

This is also a time for reflection, and for the Government in particular to reflect on how we have found ourselves in this situation. As my hon. Friend the Member for Stirling (Alyn Smith) said, this is not a time for self-congratulation. The issues dealt with in the Bill are not new: they have been spoken about for years upon years, because this Government have wilfully—I repeat: wilfully—presided over this city becoming a laundromat. They have been content to allow that to happen. Despite all the outrage from politicians, civic society and some financiers, not a single finger was lifted. We had the Russia report, the Intelligence and Security Committee report that has been mentioned at length and the promises from Prime Ministers now long gone past, and we had the Panama papers not that long ago—I think it was about four years ago—with 11.5 million documents highlighting corruption and how those with vested interests facilitate it, yet we still had absolutely nothing from this Government. This is not a time for self-congratulation; this is a time for head shaking, reflection and a promise to do better.

Does the Bill do better? Of course it does better than nothing, but will it be the panacea? Will it be the thing that delivers the change we all want to see? Like I said earlier, I sincerely hope that it does, but I am somewhat sceptical. My scepticism sits not just in the fact that this is the very same Government who have overseen much of this laundromat corruption within the City, but in the question of how we make the Bill function, which is raised by some of its details. The hon. Member for Basildon and Billericay (Mr Baron) rightly spoke about this in his remarks. There is nothing in the Bill on funding. Is the enforcement going to be clear? Will it happen swiftly? Will those involved seriously face the wrath of the law in good time and in time enough to have an impact on the situation as it stands at this moment?

There are some positives, such as the situation in relation to sanctions. Subsequent to the initial drafting of the Bill, the Government came forward with additional new clauses that outline how we will be able to sanction in timely collaboration with our partners elsewhere in the world, and we should be grateful for and positive about that step, which is to be encouraged, but that stands alone from a lot of the Bill. I still genuinely believe that individuals—in particular those who are linked to the Kremlin, who have hidden their money and who have stolen their money—will be using the time it has taken for this Government to put these measures in action to hide their money. Much of it will already be gone. That is why time is so crucial in all this. I sincerely urge the Minister to reflect on the fact that not only did his Government think it acceptable for 18 months to pass before people had to acquiesce to what the Government are seeking to do here, but they now think that six months is suitable. I simply ask: will six months help those in Ukraine?

Nationality and Borders Bill

Stephen Flynn Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

15:35

Division 142

Ayes: 231

---

Labour: 168
Scottish National Party: 37
Liberal Democrat: 11
Independent: 4
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alba Party: 2
Alliance: 1
Green Party: 1

Noes: 300

---

Conservative: 292
Democratic Unionist Party: 5
Independent: 1

[Stephen Flynn (Aberdeen South) (SNP)]

On a point of order, Madam Deputy Speaker—

[Madam Deputy Speaker (Dame Eleanor Laing)]

I am not taking your point of order. Sit down—[Interruption.] Sit down! I am not taking any points of order—

[Stephen Flynn]

rose—

[Madam Deputy Speaker]

Sit down! I am not taking a point of order. It would have to be about the Division that we have just had—[Interruption.] Sit down!

Clause 60

Identified potential victims of slavery or human trafficking: recovery period

Amendments made: 64, page 59, line 1, leave out subsection (2).

This amendment removes the requirement that there must be at least 30 days between the making of a positive reasonable grounds decision in relation to an identified potential victim of slavery or human trafficking and the making of a conclusive grounds decision.

Amendment 65, page 59, line 4, at beginning insert “Subject to section 62(2),”.

This is a drafting amendment to make it clear that the prohibition on removal of an identified potential victim does not apply where they are disqualified from protection under clause 62 as a threat to public order or for having acted in bad faith.

Amendment 66, page 59, line 10, leave out paragraph (b) and insert—

“(b) ending with whichever of the following is the later—

(i) the day on which the conclusive grounds decision is made in relation to the identified potential victim;

(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).”—(Rachel Maclean.)

This amendment is consequential on Amendment 64. It ensures that an identified potential victim is entitled to a recovery period (giving protection from removal) of at least 30 days even where a conclusive grounds decision is made within 30 days of the positive reasonable grounds decision.

Clause 61

No entitlement to additional recovery period etc

Amendments made: 67, page 59, line 17, after “person” insert

“, in a case where the reasonable grounds for believing that the person is a victim of slavery or human trafficking arise from things done wholly before the first RG decision was made”.

This amendment corrects a drafting error in the definition of “further RG decision”.

Amendment 68, page 59, line 18, leave out paragraph (c).

This amendment is consequential on Amendment 67.

Amendment 69, page 59, line 21, leave out subsections (2) to (4) and insert—

“(2) If the competent authority considers it appropriate in the circumstances of a particular case, the authority may determine that the person may not be removed from, or required to leave, the United Kingdom during the period—

(a) beginning with the day on which the further RG decision is made, and

(b) ending with whichever of the following is the later—

(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;

(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).

This is subject to section 62(2).”—(Rachel Maclean.)

This amendment removes the disapplication of a requirement to make a conclusive grounds decision following a “further RG decision” and instead provides that, although an identified potential victim is not automatically entitled to protection from removal following a further RG decision, the competent authority may decide that it is appropriate to give them that protection.

Clause 62

Identified potential victims etc: disqualification from protection

Amendments made: 70, page 60, line 1, leave out paragraph (a).

This amendment is consequential on Amendments 64 and 69.

Amendment 71, page 60, line 4, at end insert “, and

(c) any requirement under section 64 to grant the person limited leave to remain in the United Kingdom.”—(Rachel Maclean.)

This amendment provides that if an identified potential victim is disqualified from protection (on the grounds of public order or acting in bad faith) but goes on to receive a positive conclusive grounds decision, any requirement to grant them leave to remain in the United Kingdom that would otherwise arise under clause 64 ceases to apply.

Clause 63

Identified potential victims etc in England and Wales: assistance and support

Amendments made: 72, page 61, line 28, leave out from “any” to “arising” in line 29 and insert

“physical, psychological or social harm”.

This amendment changes the reference to “social well-being” to “social harm” to follow more closely the language of the Council of Europe Convention on Action against Trafficking in Human Beings.

Amendment 73, page 61, line 35, leave out paragraph (b).

This amendment is consequential on Amendment 69.

Amendment 74, page 61, line 43, leave out paragraph (b) and insert—

“(b) ending with whichever of the following is the later—

(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;

(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).”

This amendment is consequential on Amendment 64.

Amendment 75, page 61, line 45, leave out subsection (5).—(Rachel Maclean.)

This amendment is consequential on Amendment 73.

Clause 64

Leave to remain for victims of slavery or human trafficking

Amendments made: 78, page 62, line 23, leave out “give” and insert “grant”.

This amendment and Amendments 81 to 83 make minor drafting changes for consistency with related provisions on the statute book.

Amendment 76, page 62, line 26, after “any” insert “physical or psychological”.

This amendment removes assisting a victim of slavery or human trafficking in their recovery from harm to their social well-being from the list of purposes for which the Secretary of State is required to give a victim limited leave to remain the United Kingdom.

Amendment 77, page 62, line 27, leave out from “exploitation” to end of line 28.

This amendment is consequential on Amendment 76.

Amendment 79, page 62, line 33, at end insert—

“(2A) Subsection (2) is subject to section 62(2).”

This amendment is consequential on Amendment 71.

Amendment 80, page 63, line 3, leave out “as” and insert

“which may be, but does not need to be, an agreement”.

This amendment makes it clear that a trafficking victim may be removed to a country which is not a signatory to the Council of Europe Convention on Action against Trafficking in Human Beings, if the UK has made an agreement with that country.

Amendment 81, page 63, line 9, leave out “give” and insert “grant”.

See the explanatory statement for Amendment 78.

Amendment 82, page 63, line 11, leave out “given” and insert “granted”.

See the explanatory statement for Amendment 78.

Amendment 83, page 63, line 12, leave out “given” and insert “granted”.—(Rachel Maclean.)

See the explanatory statement for Amendment 78.

Clause 81

Extent

Amendment made: 84, page 79, line 4, leave out subsections (4) and (5) and insert—

“(4) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

(5) A power under any provision listed in subsection (6) may be exercised so as to extend (with or without modification) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (6) relates.

(6) Those provisions are—

(a) section 36 of the Immigration Act 1971,

(b) section 15(1) of the Asylum and Immigration Appeals Act 1993,

(c) section 13(5) of the Asylum and Immigration Act 1996,

(d) section 9(3) of the Special Immigration Appeals Commission Act 1997,

(e) section 170(7) of the Immigration and Asylum Act 1999,

(f) section 163(4) of the Nationality, Immigration and Asylum Act 2002,

(g) section 338 of the Criminal Justice Act 2003,

(h) section 49(3) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004,

(i) section 63(3) of the Immigration, Asylum and Nationality Act 2006,

(j) section 60(4) of the UK Borders Act 2007,

(k) section 57(5) of the Borders, Citizenship and Immigration Act 2009,

(l) section 76(6) of the Immigration Act 2014,

(m) section 60(6) of the Modern Slavery Act 2015,

(n) section 95(5) of the Immigration Act 2016, and

(o) section 8(2) of the Immigration and Social Security (EU Withdrawal) Act 2020”.—(Rachel Maclean.)

This amendment will enable the provisions of the Bill to be extended, by Order in Council, the Channel Islands and the Isle of Man.

Clause 82

Commencement

Amendments made: 85, page 79, line 21, leave out “This Part and”.

This amendment, and Amendment 86, make minor drafting changes needed as a result of Amendment 87.

Amendment 86, page 79, line 25, leave out paragraph (b) and insert—

“(b) this Part.”

See statement for Amendment 85.

Amendment 87, page 79, line 26, at end insert—

“(3A) The following provisions come into force on the day on which this Act is passed for the purposes of making (and, where required, consulting on) regulations—

(a) section 13 (requirement to make asylum claim at “designated place”);

(b) section 26 (accelerated detained appeals);

(c) section 41 and Schedule 4 (penalty for failure to secure goods vehicle etc);

(d) section 42 (working in United Kingdom waters: arrival and entry);

(e) section 49 (persons subject to immigration control: referral or age assessment by local authority);

(f) section 51 (regulations about use of scientific methods in age assessments);

(g) section 52 (regulations about age assessments);

(h) section 68 (interpretation of Part 5);

(i) section 77 (pre-consolidation amendments of immigration legislation).”

This amendment brings powers in the Bill to make regulations into force on Royal Assent, so that the regulations can be prepared in advance of the substantive provisions being commenced. The regulations themselves will not be commenced for at least two months after Royal Assent.

Amendment 88, page 79, line 38, leave out paragraph (g).

This amendment is consequential on Amendment 87.

Amendment 89, page 79, line 42, leave out paragraphs (j) and (k).

This amendment is consequential on Amendment 87.

Amendment 90, page 80, line 3, leave out paragraph (n).—(Rachel Maclean.)

This amendment is consequential on Amendment 87.

Third Reading

[The Secretary of State for the Home Department (Priti Patel)]

I beg to move, That the Bill be now read the Third time.

Madam Deputy Speaker, may I echo your remarks—

[Stephen Flynn]

On a point of order—

[Madam Deputy Speaker]

Order. No points of order!

Channel Crossings in Small Boats

Stephen Flynn Excerpts

Wednesday 2nd September 2020 Commons Chamber

[Chris Philp]

Since we last spoke, the French officers operating on or near French beaches have stopped hundreds of crossing attempts—they have stopped about 3,000 crossing attempts so far this year. We have also established the joint intelligence cell that I mentioned earlier, and intelligence passed from the National Crime Agency here in the UK to our French counterparts contributed, I believe, to 84 crossing attempts being prevented this morning alone, so that is good progress. However, there is undoubtedly more that needs to be done, because these crossings are continuing at frankly unacceptable levels, and negotiations and discussions are continuing as we speak with our French colleagues to step up our efforts and activities even more.

[Stephen Flynn (Aberdeen South) (SNP)]

Refugees experience situations that few of us can even imagine, yet in recent months, while sitting aboard overcrowded dinghies in the middle of the English channel, they have been subjected to a voyeuristic media filming them, like some sort of perverse sea safari, while also facing a UK Government intent on enforcing upon them their hostile environment. So I ask the Minister: do either of these things give him any shame?

Oral Answers to Questions

Stephen Flynn Excerpts

Monday 8th June 2020 Commons Chamber

[Priti Patel]

My hon. Friend is absolutely right to highlight that. A great deal of work has taken place with specialist domestic abuse organisations, particularly those that offer bilingual services. A wide-ranging awareness campaign has been launched, the “You are not alone” campaign, which signposts victims to the specific practical support that they need. We have provided £2 million to bolster those services. That is for helplines, and to help organisations to bolster their own technological capacity and provide direct practical skills to ensure that victims remain protected.

[Stephen Flynn (Aberdeen South) (SNP)]

We learn and understand our history in schools and museums, and we build statues of those whom we deem worthy of our adoration. Does the Secretary of State agree that where there is the democratic desire to do so, statues of white men who enslaved and killed black men, women and children can, and should, be removed from our streets?

[Priti Patel]

The hon. Gentleman is right to raise this issue. We live in an open democracy and a free society, where we can do as he suggests through democratic means at a local level, with elected mayors and local councillors. Those processes must be maintained so that people can have their voices heard, exercise their democratic rights and freedoms and, importantly, stay within the rule of law.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Stephen Flynn Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 18th May 2020 Commons Chamber

[Stephen Flynn (Aberdeen South) (SNP) [V]]

Thank you, Mr Deputy Speaker, for the opportunity to take part in these proceedings tonight. As one of the final speakers in the debate, I have had the opportunity—or perhaps the misfortune—to sit patiently and listen closely to the arguments of the Secretary of State and her colleagues behind her on the Conservative Benches, and it is safe to say that I have rarely felt so disappointed or downhearted. I say that because we have heard Member after Member of this House rejoicing at the fact that they are going to end the ability of future generations to enjoy the same freedoms that we have all enjoyed to travel freely across the continent of Europe. Indeed, the Secretary of State listed all the constituencies where she believed that people voted for her Government in order to end free movement. Unsurprisingly, she did not mention a single Scottish constituency, probably because she has finally accepted that the people of Scotland do not support her Government’s actions on this key issue.

Beyond that, we have heard an almost celebratory tone in respect of bringing to an end what the Government refer to as low-skilled migration. Such dog-whistle politics is unbecoming at the best of times, but given the fact that we are in the midst of a global pandemic, it is simply unforgivable. After all, it is those very migrant workers, whom the UK Government class as low-skilled, who have helped to prevent the UK from grinding to a halt. They are the people who have been working on the frontline in our care homes and our hospitals as nurses, cleaners and porters, and the people who have been working in our supermarkets and food processing plants and on our agricultural land. The reality is that they are the glue that has helped to hold our society together. They may be paid less than they deserve, but they deserve our respect and our appreciation.

The damage of this attack on immigration will be felt for generations to come, particularly in Scotland. I say that because, as things stand, Scotland faces a demographic time bomb. Our pension-age population is growing, while our working-age population declines. There are two solutions to this issue. The first is for people to have more children, and quickly. The second and slightly easier solution is that we increase inward migration. On that front, we have been clear that EU nationals are wanted and welcome in Scotland. Indeed, we have actively sought to encourage people to make Scotland their home. Aside from the obvious social and cultural benefits that they bring to our nation, the reality is that the average EU national living in Scotland adds £10,400 to Government revenue and over £34,000 to GDP each year. They contribute far more than they will ever receive.

It is for those reasons that the Scottish Government have sought proactively to engage with the UK Government on immigration to find a solution that meets the needs of Scotland. The clearest example of that was a proposal to introduce a Scottish visa, an additional route through which we could attract workers to Scotland. Such immigration variance has worked in Canada and Australia, yet the proposal was dismissed out of hand in less than 20 minutes. That should not necessarily come as a surprise, as it has been clear for a long time that the policies of this UK Government on immigration are not driven by a desire to meet the needs of Scotland. They are driven by the desire to play the role of little Englander, but the consequences of their actions will be great.

Locally here in Aberdeen, we are proud of our international outlook. There can be no doubt that workers from across the EU have had a key role to play in our economic success. One such success story is John Ross Jr, a company that processes and hand-prepares Scottish smoked salmon using traditional brick kilns. The company exports to over 30 countries and its staff are predominantly Polish, Latvian, Czech and Estonian. Its CEO is Christopher Leigh. On 27 February, he wrote to me about the importance of EU nationals to his company. He stated:

“The reality is that if it were not for freedom of movement afforded by the European Union, John Ross would not be where it is today.”

He went on to say:

“Closing the door on European workers now would be a case of the UK cutting its nose off to spite its face. It would also be disastrous for businesses, devastating for the communities in which they operate and catastrophic for the UK economy.”

“Catastrophic”. Just one word, but a word that should weigh heavily on the minds of the UK Government.

Ultimately—I think we can all agree on this point—the scale of the economic recovery facing all corners of the United Kingdom is going to be unprecedented. If we do not have an immigration system in place that attracts workers and meets the needs of businesses, we clearly run the risk of doing further harm. So I say to the UK Government: continue down this route and the people of Scotland will neither forgive nor forget.

Oral Answers to Questions

Stephen Flynn Excerpts

Monday 10th February 2020 Commons Chamber

[Kit Malthouse]

It is obviously an operational matter for chief constables to address where and how they allocate their resources, but I would certainly hope that an increase in the number of police officers will allow them to spend more time on the sort of crimes that assail both my hon. Friend’s community and mine in the county. They perhaps do not attract the attention of the headlines, but nevertheless cause consternation in the communities we represent.

[Stephen Flynn (Aberdeen South) (SNP)]

6. If she will hold discussions with the Scottish Government on their report “Migration: Helping Scotland Prosper”, published on 27 January 2020.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

Immigration is and will remain a reserved matter. This Government will introduce a points-based immigration system that works in the interests of the whole of the United Kingdom, including Scotland. Applying different immigration rules to different parts of the UK would significantly complicate the immigration system.

[Stephen Flynn]

The Australian Immigration Minister stated last November that regional visas

“can play an important role in helping to address regional skills gaps and grow local economies.”

As migration is the only reason Scotland’s population continues to grow, does the Minister agree that Scotland would benefit from this Australian approach to immigration, rather than the one-size-fits-all one of this UK Government?

[Kevin Foster]

We have asked the independent Migration Advisory Committee on several occasions to look at the case for applying different immigration arrangements to different areas of the UK. It has consistently recommended against this, and I think Members in this House will realise why it would make no sense, for example, for a plumber from Gretna to be unable to take on jobs in Carlisle.