Firearms Bill

Stephen Kinnock Excerpts

2nd reading
Friday 3rd March 2023 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

I congratulate the hon. Member for West Bromwich West (Shaun Bailey) on this important Bill and thank the hon. Member for Clwyd South (Simon Baynes) for presenting it and speaking on his behalf so eloquently.

It is frequently said that the UK has one of the toughest systems in the world for regulating the ownership of firearms. Members on both sides of the House will undoubtedly be thankful that that is the case but will also share the belief that we must never lose sight of the need to ensure that our laws and regulations remain fit for purpose. The licensing system currently in force dates back more than 50 years, having been established by the landmark Firearms Act 1968. While that groundbreaking law was a vital first step, we must never allow ourselves to fall into the trap of complacency. Despite the importance of the 1968 Act, it took the unspeakable tragedies of mass shootings in Hungerford and Dunblane to prompt further action to tighten up our laws in the 1980s and 1990s.

Today, the memories of five people—Maxine Davison, Stephen Washington, Kate Shepherd, Lee Martyn and Lee’s three-year-old daughter Sophie, who were shot dead in Plymouth in August 2021—cast a long shadow over this debate. We must not wait for another equally horrific event before we take the steps needed to bring the law up to date. I pay particular tribute to my hon. Friend the Member for Plymouth, Sutton and Devonport (Luke Pollard) for his passionate advocacy of measures to further restrict the ownership of dangerous weapons and to counter online radicalisation, and to the hon. Member for West Bromwich West for promoting the Bill.

The Bill’s intent is to,

“Make provision about the regulation of certain rifle ranges and shooting galleries; to make provision for an offence in relation to the possession of component parts of ammunition; and for connected purposes.”

I will take each point in turn. Clause 1 would make limited changes to the scope of provisions in the Firearms Act on the use of weapons at shooting ranges and galleries. It is not clear that the changes go far enough. For instance, the Government’s response to a consultation published last July announced plans to introduce a new requirement for operators of miniature rifle ranges to be issued with a firearms certificate. The response noted that that would require changes to primary legislation, but did not give a timescale. Perhaps the Minister could update the House on that point.

Clause 2 would introduce a new offence of possessing component parts of ammunition with intent to manufacture. That is an important step that reflects the widespread recognition that the law as it stands has not kept pace with changes in technology over recent years. Again, the changes do not appear to have gone as far as they could have. For instance, the offence created by clause 2 would apply to ownership of four primary components: bullets, cartridge cases, primers and propellants. Perhaps the Minister could tell us whether he is confident that even with those changes, the law would adequately reflect the application of recent technological developments such as 3D printing and other evolving technologies that make access to deadlier weapons significantly easier for those who seek them.

It is important to note that the new offence envisaged by clause 2 would require evidence of an intent to use components to manufacture ammunition. What can the Minister, or any hon. Member who supports the changes, tell us about the standard of proof that will apply when determining intent? How might attempts to evade detection be addressed as part of efforts to tackle such offences?

Finally, we should give consideration to the many important issues the Bill does not address. Do the Government plan to establish a new independent regulator for firearms licensing? Can we have an update on progress towards implementing the Government’s commitment to a national accredited training scheme for firearms enquiry officers? When will the new curriculum be introduced? What changes, if any, do the Government plan to make to the licensing process at national level? Will changes be made to the application fees for firearms certifications, which are currently £70 and £80, in order to more accurately reflect the actual cost of processing the applications, which can exceed £500? What steps will be taken to address the apparent surge in the number of temporary permits, which, according to recent reports, is a direct consequence of backlogs in the system, in order to fully ensure that weapons do not get into the wrong hands?

Finally, how will wider policy challenges, such as the urgent need for more effective action to tackle online radicalisation, be addressed in the weeks ahead? Will the Minister consider changes to the Online Safety Bill to strengthen the law in that area? All too often in the past, loopholes and weaknesses in our firearms laws were not addressed until it was too late. If there is one thing that Members of all political persuasions can agree on, it is that gun violence must be eradicated. I look forward to hearing more detail on the Government’s plans to achieve that objective.

Equipment Theft (Prevention) Bill

Stephen Kinnock Excerpts

3rd reading
Friday 3rd March 2023 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

It is not every day that we get the chance to debate an issue that commands such a high degree of consensus among Members of the House. I am glad to say that the Opposition continue to support the passage of the Bill sponsored by the hon. Member for Buckingham (Greg Smith), and we of course welcome the Government’s support for it. I congratulate the hon. Member for Buckingham on getting the Bill to this stage. A little bird tells me that it is apparently his birthday today, so I add my congratulations on that as well.

I do not pretend to be an expert in this area—there are not many thefts of tractors or combine harvesters in my constituency. None the less, it is absolutely clear that the theft of vehicles and tools blights our rural communities. These are particularly pernicious crimes, because they attack the very basis on which farmers and tradespeople earn a living for themselves and their families. Although these are clearly long-standing problems, the need for action has perhaps become more pressing in these precarious economic times.

The Bill focuses primarily on the theft of vehicles, specifically all-terrain vehicles and quad bikes, which will be subject to new requirements for immobilisers and forensic markings to be fitted before they can be sold. Despite that relatively narrow focus, debates on Second Reading and in Committee reflected a widespread consensus among hon. Members that the scope of the changes should be expanded under the secondary legislation that the Bill enables.

In particular, tradespeople across the UK are facing serious problems as a result of tool theft, especially those who store their equipment in vans. According to data from surveys carried out by the Direct Line Group, more than half of roofers, electricians, plumbers and carpenters have been victims of such crimes. In Committee, the Minister said:

“my starting position is that if we are going to bring forward statutory instruments under the Bill to deal with ATVs, why not do the other tools at the same time?”––[Official Report, Equipment Theft (Prevention) Public Bill Committee, 1 February 2023; c. 10.]

That sounds like a sensible position, so can the Minister provide some further detail on the progress of the work to address any technical challenges that such regulations might face? Can he tell the House when he expects the relevant secondary legislation to be introduced?

It would be remiss of me not to raise the issue of enforcement. As my hon. Friend the Member for Halifax (Holly Lynch) said on Second Reading:

“The Bill, if introduced, would be a formidable starting point, but there are no two ways about it: the underfunding and under-resourcing of our police forces have undermined their capabilities for more than a decade.”—[Official Report, 2 December 2022; Vol. 723, c. 1093.]

As is so often the case, the legislation will be only as effective as the level of prioritisation and resourcing for law enforcement and implementation is adequate. On that basis, I look forward to hearing from the Minister in more detail about how the Government will ensure that rates of detection and prosecution of such crimes will be improved.

Draft Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2023

Stephen Kinnock Excerpts

Wednesday 1st March 2023 General Committees

[Stephen Kinnock (Aberavon) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Robert. I wish you and all hon. Members present a happy St David’s Day.

On 7 November last year, a Delegated Legislation Committee, of which I was a member, considered regulations that marked the first in a series of steps necessary to implement provisions in the Nationality and Borders Act 2022 on deprivation of citizenship. The provisions relevant to today’s debate address the area of decisions made by the Secretary of State to deprive a UK national of their citizenship without prior notice. During the passage of the 2022 Act, Parliament added safeguards to ensure that the scope of those powers would be restricted to cases where a deprivation order was strictly necessary on grounds of national security, and that appropriate levels of judicial oversight would apply.

Under the legislation, the Secretary of State is required to apply to the Special Immigration Appeals Commission when making an order to deprive someone of their citizenship. That application must, among other things, provide an explanation as to why it is necessary for the order to be made without providing notice to the individual concerned. It is then up to the SIAC to determine whether the Secretary of State’s reasoning is “obviously flawed”.

The process set out in the 2022 Act, and in the Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022, which we approved last November, began with enabling the Lord Chancellor to make rules setting out in detail how that process would work. As the next step in the process, the draft rules under consideration today incorporate that detail, and as such provide a framework for the SIAC to use when considering future cases of that kind.

The Opposition continue to support the implementation of the provisions, subject to the appropriate safeguards being in place and observed. I do not have much to add to the Minister’s comments, beyond a couple of questions. Will the Minister elaborate on what further legislative steps, if any, need to be taken before the relevant sections of the Nationality and Borders Act will fully enter into force? If possible, will he give the Committee a sense of when he expects the first applications for deprivation orders to be made? Alternatively, when does he expect the SIAC to be able to begin considering the substance of any applications that the Secretary of State may decide to submit under these rules?

Oral Answers to Questions

Stephen Kinnock Excerpts

Monday 6th February 2023 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Stephen Kinnock (Aberavon) (Lab)]

In 2019, the then Conservative Home Secretary said that she would end small boat crossings in a matter of months. Since then, the number of crossings has increased from 1,000 to 45,000, with the criminal gangs laughing all the way to the bank. Last year, Ministers promised that the Nationality and Borders Act 2022 would deal with the crisis, but in fact it has caused the asylum backlog to spiral out of control, forcing the British taxpayer to foot the bill for an extra £480 million in six-monthly accommodation costs. Now, Ministers are making all the same empty promises again. The Refugee Council says that the latest Government proposals will cost the taxpayer an extra £1 billion every six months, without anyone being returned anywhere. Does the Minister agree with Albert Einstein that doing the same thing over and over again and expecting different results is a definition of madness?

[Robert Jenrick]

The problem with the hon. Gentleman and his colleagues is that they vote against every step that we bring forward. In an age of mass migration in which millions of people are on the move and want to come to our country, either as economic migrants or asylum shoppers, we have to take the most robust action we can. The system we are building is a simple one in which those who want to come here illegally in small boats will find no way to a life in this country. They will be returned home, or to a safe third country such as Rwanda.

We will fulfil our commitment to those fleeing genuine persecution, war and human rights abuses, such as through the schemes that we have created for Afghanistan, Syria and Ukraine, but we on the Government Benches are capable of seeing the difference between genuine asylum seekers and economic migrants. I hope the hon. Gentleman and his colleagues will join us in voting for that further legislation when we bring it forward shortly.

Immigration Fees for Healthcare Workers

Stephen Kinnock Excerpts

Monday 30th January 2023 Westminster Hall

[Stephen Kinnock (Aberavon) (Lab)]

It is a real pleasure to serve under your chairship, Mr Sharma. I add my tribute to my hon. Friend the Member for Gower (Tonia Antoniazzi) and the rest of the Petitions Committee for initiating this important debate today. I congratulate my hon. Friend on a very eloquent and powerful speech.

I also thank my hon. Friends the Members for Lewisham East (Janet Daby) and for Streatham (Bell Ribeiro-Addy) for their eloquent contributions. They made crucial points. In particular, the points about the Windrush generation were very apposite and also prompted me to think that it was quite disgraceful that the Home Secretary made an announcement under the radar, really, about dropping so many recommendations from the Williams review, without even having the decency to bring that to Parliament. My hon. Friends made important points in that context.

I also thank the hon. Member for Delyn (Rob Roberts), who made a very eloquent and powerful case for the points that he clearly holds dear, both personally and more broadly. Of course, 34,392 members of the public signed this petition, and that is really important in terms of the engagement in our democratic process. I again congratulate the Petitions Committee for selecting this matter; and of course I congratulate Mictin, who is in the Chamber today and has done so much to organise and drive the whole process forward.

The petition before us reflects two important policy considerations within the British Government’s system of work-based migration. The first is the fact that our national health service relies heavily on the vital contribution of migrant workers—a contribution that I am sure we in this room are all very grateful for—but that reliance is of course also a reflection of the Government’s failure to recruit and train home-grown talent here in the UK. Secondly, today’s debate is about whether current policy reflects the level of respect and gratitude that we have towards migrant health workers and ultimately, therefore, whether the fees that migrant health workers are required to pay are fair and just. With your permission, Mr Sharma, I will address that first point by saying a few words about Labour’s approach to work-based migration.

The key point to make is that we support the principle of a points-based system for migrant workers. It was of course the Labour party, a Labour Government, that introduced the points-based system for non-EU citizens back in 2008. Under the incoming Labour Government—when we enter government—there will be no return to the EU’s freedom of movement. In government, Labour will build on the points-based system that is currently in place, but we will make sure that it is a fair, firm and well-managed system that balances the requirements of businesses and public services with the need to provide the right levels of training and support for home-grown talent while recognising the critical role that immigration can play and ensuring that we treat migrant workers with the dignity and respect that they deserve. Labour’s long-term ambition is to make sure that all businesses in every sector, and our public services, recruit and train more home-grown talent to fill vacancies before looking overseas as the default position.

[Rob Roberts]

I appreciate all the things the shadow Minister is saying about home-grown talent. What is his and his party’s opinion about having much more of an emphasis on non-degree-based routes into things such as nursing? Cousins of mine who have been nurses for an awfully long time say, “Thirty-odd years ago, we just learned as we went. You learned on the job. You had a mentor and could learn all the skills that you needed in role, without needing academic qualifications and book smarts to be able to complete a degree.” What is his party’s opinion of that method of training?

[Stephen Kinnock]

The hon. Member raises a very important and interesting point. Of course, on education, it prompts me to think about how mad it was for the Government to cancel the nurses’ bursary. It is very good that it is now being reinstated, but terrible damage was done by that. However, I agree with him that we need a more vocational route into healthcare, health work and, indeed, many other professions. For too long we have not had parity of esteem between academic and vocational routes, and the fact is that we have a vast number of vacancies in our NHS and care system, so we need to take a broader and more inclusive approach. I agree with the hon. Member in principle, but the devil is in the detail. We have to make sure that we have people who are qualified, given that they do such important work looking after the nation’s health. We must make sure that they have the right qualifications, but I agree with the principle behind his point.

As I was saying, Labour’s long-term ambition is to maximise opportunities for home-grown talent, but we recognise that if we simply turn off the tap to foreign labour without the appropriate workforce structures and terms and conditions, and without adequate training in place, our public services will deteriorate further and our businesses will struggle. That is why we as a party will undertake a comprehensive review of the points-based system this year, based on real dialogue with business, trade unions, the public sector, the private sector, communities and other key stakeholders, such as the Migration Advisory Committee, to ensure that we are ready to upgrade the system and make it more fit for purpose when we enter government. The current immigration system exists entirely in isolation from long-term workforce planning, but a Labour Government would seek to connect immigration to wider workforce planning, productivity strategies and training and recruitment strategies, all the way from jobcentre reform to getting people off the record-high NHS waiting list of 7.2 million and back into work.

Presently, healthcare is one of the professions where migrant labour plays an absolutely critical role in filling vacancies, which is why our shadow Health and Social Care Secretary, my hon. Friend the Member for Ilford North (Wes Streeting), has already committed to delivering a long-term workforce plan for the NHS. It will be paid for by scrapping non-domiciled status, which will enable us to double the number of medical school places to 15,000 per year, and to create 10,000 more nursing and midwifery clinical placements each year, as part of setting a long-term NHS workforce plan for the next five, 10 and 15 years to ensure that we always have the NHS staff we need, so that patients can get the treatment they need on time. Not only will that provide good jobs for British workers and fill shortages in our NHS, it will also prevent us from having us to do the morally dubious deals that are going on with some of the poorest countries in the world, which involve recruiting medical professionals from impoverished communities that desperately need that medical knowledge to stay in-country, as is the case in countries such as Nepal, Kenya and, to some extent, the Philippines, where lifesaving talent plays a very important role. There are some morally dubious deals taking place with some of the so-called red list countries, as defined by the World Health Organisation.

Migrant workers’ contribution to and importance in our healthcare system is even more reason to treat them with the highest level of respect and dignity. It is important that their contribution is reflected within the specific policy that we are debating today: the fees charged to healthcare workers who apply for indefinite leave to remain.

As has been said, under the current Government arrangements, introduced in August 2020, healthcare visa applicants pay a fee of either £247 or £479 depending on whether they intend to stay in the UK for up to three or five years, and they are exempt from paying the immigration health surcharge, which is right and fair. However, the petition points out that despite the contribution that our international healthcare workers make, to apply for indefinite leave to remain they still face the eye-wateringly high fee of around £2,404.

Let us not forget that an individual on a skilled worker or tier 2 visa, such as a healthcare worker, who is applying for indefinite leave to remain must already demonstrate that they have lived and worked in the UK for five years, that they meet certain salary requirements and that there is a continued need for them to continue in that role. In effect, the Government are saying, “We still need you, we want you to stay in Britain and your job is critically important to us, but your time is up and you need to pay us £2,404 if you want to stay.”

UK Visas and Immigration transparency data shows the estimated unit cost to the Government for each indefinite leave to remain application is £491 as of November 2022. The data published in February 2022 estimated that cost to be £243, which is the figure referenced in the petition. I am sure the Minister will recognise that even the more recent figures show a huge mark-up in difference between the cost and the charge. That cost has to be shouldered by the hard-working international health and care workers who do so much to support our NHS and our care system. The Government claim the Home Office does not make a profit from those applications and that the money funds part of the wider border and migration system, but the mark-up on the fees is enormous by any benchmark.

We recognise the budgeting implications of any change to the current policy, and therefore Labour will need to look at it closely when we enter government. As a party that believes in the sound management of public finances, we have no choice but to take a cautious approach given the extent of the financial and fiscal mess that we will inherit.

To help us develop our thinking, I am keen to hear from the Minister on the following points. First, does he think that the current system and the fees associated with it are fair, given the extent of the mark-up? Does he have any plans to review that?

Secondly, have the Government undertaken an impact assessment on reducing the fees, not just as regards the border and immigration budget but looking at the wider benefits that a reduced turnover of migrant workers would bring to the healthcare system and community integration more broadly? That would also allow migrant workers more money in their pockets that they would spend in the local economy.

Thirdly, does the Minister feel that some of the language used in recent months by the Home Secretary about certain types of migrant—the use of the word “invasion” springs to mind—will be a help or a hindrance in persuading much-valued, hard-working migrant workers to spend £2,400 to continue supporting our country’s creaking health and social care system?

Fourthly, when will the Government publish their response to the Migration Advisory Committee’s April 2022 report into adult social care and immigration?

Finally, when will the Minister and this Government follow the Labour party’s lead in bringing forward a long-term NHS workforce plan that will encourage nurses to train up and stay in post, ease the burden on staffing, significantly reduce our record high NHS waiting times, reduce our dependence on recruitment from overseas and bring the quality of health and care that the British public truly deserve?

Economic Crime and Corporate Transparency Bill

Stephen Kinnock Excerpts

Report stage
Wednesday 25th January 2023 Commons Chamber

[Tom Tugendhat]

I will not, because I am going to close.

Despite all the areas that we could have gone into, and would like to go into at a different time, the Bill is closely focused on economic crime and corporate transparency for the purpose of passing a series of measures that are essential to ensure that we keep our country safe and our economic jurisdictions clean.

[Stephen Kinnock (Aberavon) (Lab)]

We on the Opposition Benches have been clear that the Bill is long overdue. It has been painful to witness London becoming the world’s laundromat for dirty money with the National Crime Agency calculating that £100 billion of illicit finance flows through the UK every single year. Add to that the Government’s abject failure to properly scrutinise the issuing of golden visas to Russian oligarchs—seven now-sanctioned Russians were awarded such visas even after the invasion of Crimea in 2014—and we see a pattern emerging of Ministers failing to treat economic crime with the seriousness it deserves.

This legislation, which is finally wending its way towards the statute book five years after it was promised—and, let us face it, was only brought forward in response to Putin’s invasion—is a step in the right direction that we on these Benches support. However, it still falls short in a number of areas, as I will cover in my remarks.

[Layla Moran (Oxford West and Abingdon) (LD)]

On golden visas, I think the hon. Member will agree that the response we have had so far is unpalatable. I look forward to speaking to new clause 3, which I hope we will be able to divide on later, so that we can get to the bottom of that.

Does the hon. Member agree that the whole point of sanctions is that they are actually adhered to and that the Government do not in any way allow them and their effect to be diluted? There is the case of current Conservative party treasurer Mohamed Mansour, who owns a company called Unatrac that sells Caterpillar equipment to Russia in contravention, it would seem, of one of the sanctions we have set. Is he aware of that case, and what would he urge the Government to do about it?

[Stephen Kinnock]

I thank the hon. Lady for her intervention. The new clause on golden visas that she mentioned is spot-on, and we are very happy to support it. I am afraid there are a number of examples of the role Russian money is playing in the Conservative party, including the one she mentioned. I do think that that has acted as a constraint on the kind of action the Government could and should have been taking for many years now, and I really hope Ministers will start to wake up to that reality.

The public need to know that the Government and parliamentarians are taking this issue very seriously indeed, and I am proud of the way that Labour Front Benchers—including my hon. Friend the Member for Feltham and Heston (Seema Malhotra), who is alongside me on the Front Bench—and others have sought to work constructively with the Government to improve this legislation. Members of the Bill Committee considered the Government’s proposals in great detail during 19 sittings, covering hundreds of pages of legislation and amendments. Both the quality and the tone of the debates were of the highest standard, reflecting not just the widespread interest in these issues across the House, but the depth of knowledge and expertise in a wide range of areas. In that regard, I must pay tribute to my right hon. Friends the Members for Barking (Dame Margaret Hodge) and for Birmingham, Hodge Hill (Liam Byrne). The Committee benefited greatly from their thoughtful and well-informed contributions, which I have no doubt will be shared more widely in this debate.

It is therefore profoundly disappointing that, in Committee, there was little in the way of movement from the Government, even in areas where they struggled to find fault with our amendments and new clauses. While I welcome the constructive tone that both Ministers brought to our debates in Committee, the disappointing fact remains that every single effort by Opposition parties to strengthen the Bill met with resistance from Ministers, and every Opposition amendment pressed to a vote was defeated. As a result, the Committee stage amounted to little more than a litany of missed opportunities, forcing us to return to these arguments once again in this debate, and no doubt we will have to do so during the Bill’s remaining stages.

That point is illustrated by the first amendment on today’s selection list, Government new clause 14 on information-sharing powers. The new clause seeks to expand access to information relevant to economic crime enforcement efforts, but focuses only on the Law Society and

“any other approved regulators specified by the Lord Chancellor”.

Put simply, local authorities need these powers, too. Tackling economic crime is a huge challenge for councils due to the lack of licence they have to act on their own intelligence about crime in their local areas.

Councils want to play their part in cracking down on illicit wealth as it manifests itself in their areas. For instance, I have heard at first hand from Westminster City Council how it is battling a growing number of shop fronts—so-called American candy stores—on Oxford Street in particular, that are being used to channel illicit finance, but the process for taking meaningful action against these illegal practices is simply too slow, and as a result it is a gift to the criminals. Disappointingly, following opposition from Ministers to amendments we tabled in Committee that sought to expand powers for local authorities to enforce economic crime laws, there are still no specific provisions to enhance the ability of councils to act.

Moving on to the many important amendments tabled by Front and Back Benchers on both sides of the House, my right hon. Friend the Member for Birmingham, Hodge Hill again raises the issue of strategic lawsuits against public participation—or, as they are commonly known, SLAPPs. This has, of course, been a deeply troubling issue for a very long time. SLAPPs are defined as

“a recognisable and pernicious form of litigation which seeks to silence, intimidate, and harass opponents”,

and they

“are designed to silence criticism and investigation conducted in the public interest.”

Those are not my words, but the Government’s own definition. Others refer to this practice as lawfare.

We have in the past seen this practice used by the lawyers of Russian oligarchs against investigative journalists seeking to uncover corruption, but we now know that these tactics have also been used by not one, but two Conservative party chairmen in recent years. In March 2019, I wrote to the right hon. Member for Great Yarmouth (Brandon Lewis) when he was chair of the Conservative party with my concerns regarding the origins of a £1.8 million donation from Ehud Sheleg, who was then the treasurer of the Conservative party, to the Conservative party. I was sent a reply by the right hon. Member threatening to sue me for libel. He might even have got away with it had one of Mr Sheleg’s donations not later been flagged by Barclays bank to the National Crime Agency because, in its view, it originated not from Mr Sheleg’s bank account, but from the bank account of his father-in-law, a former pro-Putin Russian politician. That is lawfare in action.

But there is more—this time from representatives of the current Conservative chair. Members may have heard his name, as he has been in the news quite a bit recently. In July 2022, Dan Neidle, a former head of tax at Clifford Chance who now runs Tax Policy Associates, accused the then Chancellor of the Exchequer of providing unsatisfactory answers about his tax affairs. What happened next? Mr Neidle received a letter from the law firm Osborne Clarke, representing the right hon. Member for Stratford-on-Avon (Nadhim Zahawi), demanding that he withdraw his claims. That was a truly audacious approach and move, one might say, given what we now know about the former Chancellor’s tax returns. The bottom line is that we have a Government who claim to be committed to tackling SLAPPs, while Ministers are actively using the practice to their own benefit. It is little wonder that legislative progress has been somewhat sluggish, and that the speed of action on the part of the Government does not reflect the urgency and gravity of the issue.

New clauses 1 and 2, in the name of my right hon. Friend the Member for Birmingham, Hodge Hill, would provide a much-needed shot in the arm to efforts to resolve the endemic use of SLAPPs in British courtrooms. New clause 21, tabled by my right hon. Friend the Member for Barking with cross-party support, addresses the related issue of costs orders, which clearly form part of the legal architecture that is all too easily exploited by criminals to exert a chilling effect on critics and journalists reporting in the public interest. New clause 7, tabled by the hon. Member for Cheadle (Mary Robinson), would incorporate much-needed protections for whistleblowers into the Bill. All of those Back-Bench amendments have the wholehearted 100% support of the Opposition.

After months of consultation on SLAPPs, the Ministry of Justice published a response, which confirmed that

“the Government intends to pursue legislative reform at the earliest opportunity.”

That was back in July last year. If there has been any meaningful progress since that time, it has not been apparent to me, to my right hon. and hon. Friends or to any other Members who have signed these new clauses, so I ask the Minister: how much longer will it take for the Government to act decisively on this issue?

In new clause 3, as has been mentioned, the hon. Member for Oxford West and Abingdon (Layla Moran) raises the important issue of the tier 1 investor—or golden visa—scheme, which was closed down last year amid much ignominy arising from its extensive use by Russian oligarchs and other kleptocrats. In April last year, I wrote to the then Home Secretary to call for the publication of the Government’s internal review of the scheme without delay. In that letter I said:

“It is simply not enough that the scheme is now closed and a small number of oligarchs sanctioned; politicians and the public alike must be able to understand the findings of the report and learn the lessons.”

Here we are more than nine months later, and that argument still holds true. It is deeply regrettable that the Home Secretary is refusing to publish the report in full.

New clauses 4, 5 and 6 on corporate criminal liability point to another of the Government’s missed opportunities. There is a well-established and proud tradition of groundbreaking UK law on holding company executives to account for misdeeds committed in their names, or in the names of corporations they are responsible for running. A precedent was set by the Bribery Act 2010, which was passed by the last Labour Government. The Government built on that example in the Criminal Finances Act 2017 by introducing new corporate criminal offences related to failures to prevent the facilitation of tax evasion both in the UK and overseas. Extending those “failure to prevent” offences to a wider range of economic crimes is the logical and natural next step. New clause 40 provides a starting point for reforming the law in that area, and would require the Secretary of State to publish a report, setting out the various options by which a new offence might be introduced. New clauses 4 to 6 would go further still, by taking forward specific proposals within the Bill. The Opposition are more than happy to support those measures, and I pay tribute to the right hon. and learned Member for South Swindon (Sir Robert Buckland) and the hon. Member for Bromley and Chislehurst (Sir Robert Neill) for their leadership on this important issue.

Even as we support these reforms, it is important to remind ourselves that new laws will not necessarily be game changers in themselves. These laws, like any others, will be only as useful as the willingness and ability of this or any future Government to enforce them. Legislation without implementation is not worth the paper it is written on—[Interruption.] The Under-Secretary of State for Business, Energy and Industrial Strategy, the hon. Member for Thirsk and Malton (Kevin Hollinrake) is nodding, because we heard that from him frequently in Committee.

[John Penrose (Weston-super-Mare) (Con)]

I thank the shadow Minister for giving way—I have an enormous amount of time for an awful lot of what he does and says. I want to challenge him a little on whether these potential changes about the duty to prevent might be more effective and game changing than he is describing, because not only should they reduce the burden of criminality, which is reducing our economic performance and our productivity as a nation, but they could be quite deregulatory. They sweep away a raft of largely ineffective and deeply costly measures, and replace them with something that is simpler and easier to comply with, but more effective at the same time.

[Stephen Kinnock]

The hon. Gentleman speaks with great knowledge on this issue, and he is right that we need a streamlined, simple approach that clearly places responsibility and liability where they need to be. That is smart regulation. Over-complicating regulation is precisely where the lawyers, fixers and those who so often facilitate this illicit activity find their niche, and how they exploit it is their leverage. Let us make this a game-changing Bill, along the lines that he suggests, and let us hope that the Government’s scale of ambition matches his and that of other hon. Members across the Chamber.

As far as the record of this Government goes, the evidence is hardly encouraging, with just 168 prosecutions and five convictions brought against companies by the Serious Fraud Office between 2016 and 2021, and increasing reliance on US-style deferred prosecution agreements that fall well short of providing full accountability for corporate criminal behaviour. I pay tribute to the work of my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry), who has set out detailed plans to reverse the SFO’s loss of senior staff and expertise, transform the agency’s approach to prosecutions, and allow more of the proceeds of successful cases to be retained by the SFO, as part of a renewed crackdown on corporate malfeasance under the next Labour Government. Labour’s blueprint is there, and Labour Members would be delighted to see the Government adopt it when addressing this issue.

Other new clauses tabled by Back-Bench Members address additional areas that the Government could and should address, but that unfortunately they have not addressed in the Bill. New clause 23, tabled by the hon. Member for Huntingdon (Mr Djanogly) is one example. Its call for a review of the need for further regulations

“to prevent the circulation in the UK economy of the proceeds of economic crime controlled by individuals or entities subject to sanctions”

is welcome, as is new clause 25, tabled by the right hon. Member for Stevenage (Stephen McPartland). If I were to raise any slight criticism, it would be that the new clauses fall a little short of what is needed, but Labour supports them nevertheless. Specifically, both new clauses fail to mention the enormous and central role that is played not just by the UK, but by individual Crown dependencies and overseas territories in enabling—and all too often actively facilitating—global flows of illicit finance, and the ill-gotten assets of kleptocrats and crooks.

--- Later in debate ---

[Liam Byrne]

I am grateful to my hon. Friend for making such a brilliant speech. Among the greatest victims of economic crime right now are the people of Ukraine. One virtue of his own proposal and the amendment tabled by the hon. Member for Huntingdon (Mr Djanogly) is that they propose a shift not just to freezing assets, but to seizing assets and recycling them into the reconstruction of Ukraine. Surely we should legislate for that work now and crack on with it forthwith.

[Stephen Kinnock]

As always, I agree absolutely with my right hon. Friend’s views on the matter. That cannot be beyond the wit of this place or the Government. I know there are legal complications around property and international law, but those are not insuperable. We cannot allow them to be insuperable because, with every day that passes, the people of Ukraine are suffering, and the barbaric acts of Vladimir Putin and his regime are not being held to account in a way that would contribute to the massive reconstruction effort that will be required for Ukraine. It is absolutely right that the person guilty of the crime should pay for the crime and that has to be the fundamental basis of our approach. We need urgency on this in the G20, the G7, and the United Nations. We need Ministers to get a grip of this issue so that we can do justice and deliver for the people of Ukraine, which we must do with great urgency.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kevin Hollinrake)]

New clause 27 is interesting. It is about setting up a fund for compensation of victims of economic crime. We have heard estimates that economic crime costs UK citizens £200 billion to £300 billion a year. How much will this cost and who will pay for it?

[Stephen Kinnock]

The Minister tempts me to write Labour’s manifesto right here at the Dispatch Box. It is an issue of principle: how will we ensure that victims of economic crime are compensated? Clearly, we cannot finalise in the Chamber today the quantum of that amount, but we did raise that in Committee and are open to discussing it with the Government. We hope that they will be open to having that discussion in the fullness of time.

[Kevin Hollinrake]

Will the hon. Member confirm that he is expecting the taxpayer to contribute to the fund? Is that what the new clause would effectively lead to?

[Stephen Kinnock]

No. This is based on a fund that is generated through fines and through accountability for those committing the crimes. It is along the lines of what I said about Ukraine: the people who commit the crime, rather than the victims, should be paying for the crime. How will we address that question now? If the Government think that the current system is absolutely fine and that there is justice and equity in the system, the Minister should come to the Dispatch Box and say that. However, if he thinks that there is a clear, principled and moral argument in favour of ensuring that the people who commit a crime should be made to pay for it, and that that should contribute to the compensation, we can have that conversation.

[Liam Byrne]

Is my hon. Friend scandalised as I am that at the moment only 40% of fines from economic criminals are recycled back into the business of tackling economic crime, whereas in the United States it is 100%?

--- Later in debate ---

[Stephen Kinnock]

That is precisely the point. There is an opportunity to generate revenue that could be deployed to address the causes of the problem. It is a win-win. We have criminals. We need to crack down on those criminals. We need to ensure that the agencies are given the resources to do that. It is the criminals who should be paying for that process. That seems logical to me.

[Dame Margaret Hodge]

Further to that point, does my hon. Friend agree, and I hope that the Government agree, that if they were more assertive in pursuing the people who enable economic crime and those who commit economic crime, more fines could be generated, which they could ringfence for a fund to be used in part to compensate victims of crime? It need not be a burden on the taxpayer and it could be a just way of ensuring that the victims of economic crime do not suffer inappropriately.

[Stephen Kinnock]

Again, my right hon. Friend has hit the nail on the head. We need a war chest and that should be built up on the basis of moneys paid by criminals. That war chest should also be looked at and used, where possible, to support the compensation of innocent victims of economic crime. The new clause is a two-pronged attack on the issue. The opportunity is there because the better we get at going after these criminals, the more we will have coming into the war chest.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I am convinced by my hon. Friend’s argument, but one thing worries me. Having the resources would be good, but having the determination to deliver on the policy is more important. I have had a long-running campaign over the years to improve the efficacy of the Serious Fraud Office. We need a fundamental change in our attitude to how we deliver these policies.

[Stephen Kinnock]

My hon. Friend is absolutely right. As I mentioned earlier, my right hon. Friend the Member for Islington South and Finsbury has set out a clear and detailed blueprint for how we need to boost the institutional capacity, human resources capacity, financial capacity and firepower of the SFO. The blueprint is right there. I very much hope that the Government will look at it and perhaps even adopt it. Of course, if they do not, we will soon have a Labour Government who will.

The Opposition’s new clauses on victims intend to go much further than victims of economic crime in the UK alone. It is our hope—in government, it will be our intention—to work with our allies and partners internationally to provide robust mechanisms for the seizure of proceeds of corruption, kleptocracy and other crimes under international law, and to use such assets to provide funds for the reconstruction and other forms of financial redress to victims—in Ukraine, for instance—of the criminal acts of dictators such as Vladimir Putin.

For months, we have had nothing but warm words from the Government on such proposals. We know that there have been international discussions, including with our G7 partners and our allies in Ukraine, but we need more than warm words and vague promises of jam tomorrow. While Ministers stall on this issue, we are increasingly at risk of being left behind by our allies in the US, Canada and elsewhere, who are already taking the actions that we want to see in the UK. New clause 27 would therefore direct the Secretary of State to publish a strategy for using the proceeds of crime to compensate victims, and to do so within 90 days of the Bill receiving Royal Assent.

We welcome the Bill, but it is a great shame that the Government are failing to take more substantive action in the crucial areas that I mentioned. The Bill is a step in the right direction, but, as it stands, it lacks ambition and is therefore a missed opportunity. I hope that Conservative Members will support our amendments today, so that we can finally begin to clean up our country’s reputation as the go-to destination for dictators, oligarchs, kleptocrats and gangsters, and for their dirty money.

[Sir Robert Buckland (South Swindon) (Con)]

I draw hon. Members’ attention to my entry in the Register of Members’ Financial Interests.

This issue has been a concern of mine not just for months but for many years. Anybody who has even a passing acquaintance with the issue at hand will know that its history is somewhat tortuous. A series of options were set out comprehensively in a Law Commission report published in June last year, which I commend to hon. Members. However, there is much that predates that. Indeed, much that has happened in the last few months in this place—in both Houses—reinforces the thrust of the argument that I seek to advance by way of new clauses 4 to 6, which stand in my name and those of many other right hon. and hon. Members, from all parties in the House, to whom I am extremely grateful.

In 2015, my party’s manifesto rightly committed the Government to make it illegal for companies to fail to put in place measures to prevent economic crime. It would be unfair to say that nothing happened. We had the Criminal Finances Act 2017, which created a new offence of failing to prevent tax evasion. That was a development on the failing to prevent bribery offence contrary to section 7 of the Bribery Act 2010, which opened the door to the development of the principle across a range of criminality in this space.

Subsequent to that, the Ministry of Justice launched a call for evidence in early 2017 on corporate liability reform for economic crime. However, it is right to say that progress on that was exceedingly slow. It was not until November 2020, when I was serving as Secretary of State, that it was agreed across Government that the Law Commission would be given the task of examining the issue and producing a report. It was right to acknowledge at that stage that there were a number of potential models that could be deployed here, and it was important for an independent body such as the Law Commission to look at different jurisdictions, as of course it did. It looked in particular at the United States, Canada and Australia: common law jurisdictions that have long been wrestling with the same challenges that we face. To differing effect, they have brought in and deployed their own particular regimes. More on that slightly later.

What is clear is that there is very much consensus in this place on the need for reform of corporate criminal liability. The Treasury Committee’s report of February last year urged the Government

“to act quickly in bringing forward any legislation flowing from the Law Commission’s review.”

In June, the Foreign Affairs Committee talked about

“reform of outdated and ineffective corporate criminal liability laws”,

and, in October, the Justice Committee spoke in similar terms. Finally, a report from the House of Lords Fraud Act 2006 and Digital Fraud Committee in November said:

“Reform of corporate criminal liability will be essential in order to maximise the impact of the Fraud Act and other legal tools going forward…to hold corporates across all sectors to account and to inspire behaviour change.”

--- Later in debate ---

[Liam Byrne]

I am incredibly grateful to the right hon. and learned Gentleman for his generosity in giving way. We appear to have an overload of rumness here.

[Stephen Kinnock]

Gallons of rum.

[Liam Byrne]

Yes. It is unusual for unity to break out on both sides of the House and on the Front and Back Benches. Given that ubiquity of unity, what, in the right hon. and learned Gentleman’s analysis, is the problem that is preventing these proposals from becoming the law of the land?

--- Later in debate ---

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

I am going to be brief and speak simply to new clauses 1 and 2, which stand in the name of the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), in my name and in the names of a number of other long-standing defenders of justice in Britain. The new clauses, in effect, make SLAPPs near impossible where they are used to protect economic crime. The provisions are far too narrow, by the way, but that is what the Bill demands. I will leave it to him to explain the mechanism, but I want to talk for a couple of minutes about how important this is and how we got to where we are today.

The issue dates back to about 2000, or perhaps a bit earlier, when London had become liberalised and the Putin oligarchs and others, including some Chinese people, were looking for places to hide their ill-gotten gains and behaviour. London was a wonderful target for that. There were vast flows of money in which they could hide the billions they were stealing from the Russian people and others.

At the time, there was pretty slapdash corporate admin—we were talking about that yesterday in respect of Companies House—and, I say this quite brutally, the complete feebleness of the British establishment, by which I mean everybody: both parties; and the agencies tasked with controlling this, the Serious Fraud Office, which has been a waste of space, and the NCA, which has not been good enough. It was created to tackle this but has not been good enough. All those things were happening. I say to the hon. Member for Aberavon (Stephen Kinnock) on the Opposition Front Bench that it goes wider than the Conservative party. It starts with Blair/Brown and goes on to Cameron/ Osborne. All of them made mistakes. The golden visa that the hon. Gentleman talked about was created just as we were rushing into the collapse of western financial capitalism under the previous Government. We were too soft—

[Stephen Kinnock]

The right hon. Gentleman makes a valid point. I agree that the creation of the scheme was under the new Labour Administration, but the point I made in my speech was that a number of those golden visas were given after the Russian invasion of Crimea in 2014. He is right that successive Governments are guilty of naivety and complacency, but there is a point in 2014 when we really needed a different approach.

[Mr Davis]

There is no doubt that the more recent you are, the more salient the case. Frankly, I can remember being ashamed of a British Prime Minister hosting Putin at the Olympics only a few years after Litvinenko was murdered in our country in the most cruel and overt act of state terrorism. Neither Government dealt with that. Cameron’s action was grotesque in the extreme, but neither Government dealt with it. Similarly, both Governments kowtowed to China after Tibet and all the rest of it. That has been done too many times. It is the entire system, not just one Government or another.

London is a fabulously attractive place for the Russians or the Chinese. If you want to be somewhere else than Russia, this is the place to be. We have facilitated that at every turn. Here comes the issue to which SLAPPs relate. We have a legal system that is probably the most brilliant in the world in delivering fair outcomes and good justice, but it is also phenomenally expensive, which means it is one-sided in its operation between an oligarch and an ordinary citizen, journalist or whoever they may be.

In conjunction with that are the things that flow from it, such as the behaviour of solicitors, to some of whom my hon. Friend the Member for Isle of Wight (Bob Seely), who is not in his place, gave a fair old pasting yesterday, but one that was deserved. The private investigators industry, unregulated, undertakes crimes to gather information for use as weapons against other people. Our courts—not uniquely, but outstandingly—allow that information to be used. In each individual case that might be the right decision, but the collective effect of that is to suck criminally based information into our system and therefore engender and help the industry.

All that is why new clause 1 and 2 are vital. That all had the effect of creating a vast, possibly unintentional institutional cover-up for criminal activity: money laundering, fraud and concealment of evil actions abroad. Let us bear in mind that some of the oligarchs we are talking about are murderers. The system murders people. It is evil activity. That is why new clauses 1 and 2 are incredibly important.

What the right hon. Member for Birmingham, Hodge Hill is proposing in new clauses 1 and 2 is a second best option. We already heard the best option in earlier interventions: a freestanding Bill immediately, because this is happening now. There are court cases going on as I stand here in which people are having their lives destroyed by SLAPPs. The next best is to have it in the Bill of Rights, but we know that that is way down the timetable, for all sorts of reasons. We may not see it before the next election, in which case we will have lost two more years.

The new clauses amount to a way of dealing with this criminal—or near criminal—activity in a way that is not susceptible to a finely turned piece of law. I listened with fascination to my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) on that point. Getting that right is difficult; getting this right is not, because the greatest enemy of evil is a free press. In our country in the last couple of decades we have allowed our free press to become gagged and crippled. If we can take that gag away and remove those bonds, we will suddenly expose all the things that we need to deal with. We will see the weaknesses I talked about—the SFO and the NCA—and put them right, one by one. That is why we should support new clauses 1 and 2. I talked before about the weaknesses of the SFO and the NCA. We will see those weaknesses and we will put them right, one by one. That is why we should support this measure today.

--- Later in debate ---

[Tom Tugendhat]

My apologies, Madam Deputy Speaker. For some reason I was under the impression that the hon. Member for Aberavon (Stephen Kinnock) would be speaking first.

[Stephen Kinnock]

No, no!

[Tom Tugendhat]

Oh, are you ducking out? Very well.

[Stephen Kinnock]

I will be back for Third Reading.

[Tom Tugendhat]

It is always a joy to hear from the hon. Gentleman.

--- Later in debate ---

[Stephen Kinnock]

Like the Minister, I am keen to thank colleagues who have done so much and made so many valued contributions both to this Bill throughout its progress and in the debate today. I would very much like to thank the Bill team for the excellent work they have done, as always supporting us through our work and on many occasions helping to shed light where there was more or less total confusion, so we really appreciate that. I also thank our own staff. My hon. Friend the Member for Feltham and Heston (Seema Malhotra) and I are very fortunate to have wonderful teams supporting us—particularly colleagues such as Joe Bishop, Danny Hathaway and Joe Jervis—who have done so much in our teams to help us to get to this point.

It is worth just casting our minds back to October, when the Prime Minister stood on the steps of Downing Street and stated that he wanted a Government of “integrity, accountability and professionalism”. Well, we are almost 100 days into his tenure, so we are bound to take stock of how that is going, and I think it is fair to say that progress has been somewhat mixed. His Home Secretary has committed multiple breaches of the ministerial code, his chairman has just been exposed for tax avoidance on a massive scale and his claims—

[Mr Deputy Speaker]

Order. Mr Kinnock, you are going really wide of the mark on Third Reading. Please could you focus on the Bill that is having its Third Reading?

[Stephen Kinnock]

Thank you very much, Mr Deputy Speaker. I was just about to make the point that the Home Secretary has talked of learning the lessons from the golden visas issue, but she still has not published the full report. Of course, we have seen many oligarchs getting those visas since the invasion of Crimea, so I would contend that that is directly relevant to the debate we are having today.

That is the key point. It is about striving for integrity, professionalism and accountability. Of course the Bill offers an outstanding opportunity to deliver the change we all want to see. As we have said on many occasions, it is a step in the right direction and we are supporting it on Third Reading, but of course it still does not go far enough on SLAPPs, golden visas, information sharing, corporate transparency, corporate criminal liability, compensating victims or, indeed, structures for enforcement.

That final point is critical. We can have all the laws we want, but if we do not enforce them—whether we are talking about economic crime or anything else—they are pointless. These were points that Bill Browder made forcefully during the evidence that he gave to our Committee and, on cryptocurrency, that the expert Aidan Larkin made in a recent meeting with me. So we need to ensure that the agencies and institutions that should be fighting the illicit finance we all want to combat are given the resources they need, and are given the political support and licence to operate they have to have if they are going to be able to deliver on what we want them to deliver.

In conclusion, the fact is that we have left the back door open and allowed our country to become a kind of fixer for the world’s dictators, kleptocrats and gangsters. We cannot go around the world preaching about the rule of law and transparency until we get our own house in order. We should not have to wait for the next “Panama Papers” or the illegal invasion of another country to force us into taking action. I said at the outset of the debate that the Opposition have approached this Bill in a spirit of constructive engagement. That has not changed and it will not change. However, we have not so far seen from Ministers sufficient openness to input from Opposition Members, or even from many of their own Back Benchers, but we welcome the remarks that the Minister made in his winding-up speech. We look forward to the progress that we wish to see being made in the other place as rapidly as possible. It is not too late, there is still time, and I genuinely hope that the remaining stages of the Bill will see the gaps filled, the loopholes closed, and the opportunities seized.

Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2023

Stephen Kinnock Excerpts

Monday 23rd January 2023 General Committees

[Stephen Kinnock (Aberavon) (Lab)]

It is a pleasure, Ms Elliott, to serve under your chairship.

The Home Office has been using e-passport gates to process passengers at UK airports and juxtaposed controls in France and Belgium since 2008. There are 263 e-gates in use at airports in the UK and at juxtaposed controls, according to the explanatory memorandum published with this order. From 2019, the use of e-gates was extended to nationals of the US, Canada, Australia, New Zealand, Japan, Singapore and South Korea.

As explained in a January 2022 report by the Independent Chief Inspector of Borders and Immigration, e-gates

“enable Border Force to process large volumes of ‘low risk’ passengers more quickly and with fewer staff than would be possible via manned immigration control desks. This also makes them attractive to airport operators since queueing times are shorter for arriving passengers.”

The purpose of the order is to enable the Home Office to carry out a limited “proof of concept trial” on the potential reduction of the minimum age for using e-gates from 12 to 10, as the Minister has set out.

The explanatory memorandum says that such a change would be

“in keeping with the Government’s wider ambition of increasing the use of automation (that is, entry to the UK facilitated by technology without manual intervention by a Border Force officer).”

The ICIBI carried out an inspection of the use of e-gates between June 2020 and January 2021. The report was sent to the Home Secretary in June 2021, but it was not published until January 2022. As of January 2023, the ICIBI’s list of live inspections includes

“a re-inspection of ePassport gates”,

but this inspection is currently marked as “paused”, for reasons that are unclear. Perhaps the Minister might want to explain why the reinspection has been paused and give us a sense of how long the pause may last for.

One of the key areas highlighted in the previous ICIBI report was safeguarding. To give some background, in 2017 the Home Office extended the use of e-gates to all children from Britain, the European economic area and Switzerland aged between 12 and 17 if they are accompanied by an adult. Following a review of the original trial, the Home Office found that identifying children

“at risk of trafficking, modern slavery, female genital mutilation, forced marriage and domestic servitude”

was a “challenging” issue for Border Force staff.

The January 2022 ICIBI report stated:

“Concerns have been raised by stakeholders about the Home Office’s ability to identify vulnerable passengers at the gates. Stakeholders told inspectors that the gates make it harder to identify vulnerable passengers.”

The Home Office guidance states that e-gates

“must not be opened or allowed to accept passengers”

without the presence of a monitoring officer, or MO for short, and that the MO should not operate the gates

“for more than 30 minutes of continuous, uninterrupted passenger processing”.

However, the ICIBI found that, in practice,

“this guidance is rarely adhered to”.

Ports with more than five gates should also have a roving officer, an RO, deployed at the gates. Their primary role is

“to prevent trafficking and provide safeguarding assurances by heightening security around the gates.”

According to ICIBI inspectors, these officers

“now have a broader border security role, leaving stakeholders to question whether they are sufficiently resourced to identify child safeguarding concerns and other vulnerable passengers.”

Furthermore, inspectors found that Border Force

“only records the identification of potential victims of modern slavery”

and:

“There is no centrally held record of the identification of other categories of vulnerability.”

The Home Office’s response to the ICIBI said:

“Border Force has a training plan in place, once Coronavirus restrictions impacting some face-to-face training are lifted, to provide further specialist training to both operational managers and our cohort of Safeguarding and Modern Slavery (SAMS) specialists during the remainder of FY 2021/22. Further safeguarding training is in development for all frontline officers with delivery due to commence in 2022.”

The Department added that plans were under way to introduce a new system for electronic recording and monitoring of all incidents where passengers were stopped in relation to safeguarding concerns, and that implementation would take place

“over the course of 2022.”

What progress has been made with those plans, and what assessment have the Minister and his colleagues made of their success?

Further, on security issues, the ICIBI found:

“The UK’s departure from the EU has created a potential new cohort of illegal workers who will continue to enjoy visa-free movement to the UK. The UK has also lost access to EU criminality data systems, creating a risk that high-harm individuals could enter the UK via the gates”.

In the light of those findings, what steps have been taken to ensure that officers have access to all sources of information needed to monitor and track movements of individuals who might pose threats of criminal activity?

[The Chair]

Order. Will the shadow Minister stick to the order, please? He is veering off. This is about lowering the age; be careful.

[Stephen Kinnock]

Sorry, Ms Elliott. I thought safeguarding issues were connected too, and I also take your point on modern slavery, potentially. I am sorry about that.

According to the ICIBI at the time of its inspection, the roll-out of Border Crossing, the Department’s new system for providing the passenger watch list, was well behind the original timetable for roll-out. Will the Minister confirm whether the new system is fully up and running?

As the purpose of the order is to enable the Home Office to carry out a trial of the potential extension of e-gates to 10 and 11-year-olds, does the Department plan to publish full details of that trial once it has reached its conclusion? Can the Minister provide any timescales for the trial and, if appropriate, for the roll-out of the extension once the results of the trial are known? Will he commit to working with independent, third-party inspectors such as the ICIBI and the new Anti-Slavery Commissioner—if the Government ever actually get round to appointing one—to ensure that the highest possible safeguarding standards are built into the systems for operating e-gates?

Windrush Lessons Learned Review: Implementation of Recommendations

Stephen Kinnock Excerpts

Tuesday 10th January 2023 Commons Chamber

[Stephen Kinnock (Aberavon) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on the progress in implementing the recommendations of the Windrush lessons learned review.

[The Parliamentary Under-Secretary of State for the Home Department (Miss Sarah Dines)]

Since the injustices of Windrush came to light, there has been a concerted effort across the Home Office to right the wrongs suffered by those affected. That work continues, and the Department is making sustained progress on delivering on the recommendations of the Windrush lessons learned review of 2020 and the commitments made in the comprehensive improvement plan of 2020. In her report last year, the independent reviewer Wendy Williams concluded that 21 of her recommendations had been met or partially met. She acknowledged that the scale of the challenge she had set the Department was significant and that change on that scale takes time.

We have made progress in delivering against Wendy Williams’s recommendations. In October 2022, the Home Office established the Office for the Independent Examiner of Complaints, and Moiram Ali was appointed as the independent examiner following a public appointment recruitment process. The Home Office has also held over 200 engagement and outreach events across the country, and the Windrush help teams have attended over 120 one-to-one surgeries to help people apply for documentation.

As of the end of October 2022, the Home Office has paid out or offered £59.58 million of compensation to Windrush victims. The “Serving Diverse Communities: Acting on Our Values” learning package was launched across the Home Office in June 2022, starting with recommendation 24 on learning for senior civil servants and recommendation 29 on diversity and inclusion. The learning package for recommendation 6 on the history of the UK and its relationship with the rest of the world has been designed and is undergoing final review prior to implementation.

I am pleased that the independent reviewer of Windrush progress has concluded that there are several areas in which very good progress has been made, but she rightly holds the Home Office to account for areas and recommendations where sufficient progress has not yet been made. She concludes that there can be “no doubt” that the Department has risen to the “daunting challenge” she set us.

We know there is more to do. Many people suffered terrible injustices at the hands of successive Governments, and the Department will continue working hard to right the wrongs and to deliver a Home Office worthy of every community it serves.

[Stephen Kinnock]

The reality is that this Government’s treatment of the Windrush generation is surely one of the most shameful episodes in our post-war political history. The Windrush community played a pivotal role in rebuilding Britain. We all owe them a debt of honour and gratitude but, instead, consecutive Conservative Governments have treated them with utter contempt. First, they were victimised under the hostile environment policy, and then they were let down by a poorly administered compensation scheme, under which just 1,300 people have been awarded compensation when the Government originally estimated that 15,000 should be eligible. Now it is reported that the Government are set to betray the Windrush generation once again by U-turning on their commitment to implementing all 30 recommendations in Wendy Williams’s lessons learned report.

In September 2021, the then Home Secretary, the right hon. Member for Witham (Priti Patel), restated her aim to put right the wrongs of this sorry affair, yet today we find the Government are rowing back on some of their commitments, including by refusing to hand additional powers to the independent chief inspector of borders and immigration and by scrapping reconciliation and community events.

Why are the Government so terrified of scrutiny? Their toxic combination of incompetence and indifference is failing the Windrush generation, just as it is failing the country as a whole. Given that Wendy Williams says that only eight of her recommendations have been implemented, will the Minister tell me today how many of the Williams recommendations have been implemented and how many the Government are ditching, as is widely reported by the media?

Why have thousands of the Windrush generation still not received any compensation at all? On the 75th anniversary of the Windrush landing, are the Windrush generation being betrayed by this Government once again?

[Miss Dines]

This Government are absolutely not betraying the Windrush generation. Successive Governments of all colours have failed to step up to the mark, but this Government are stepping up. The Windrush generation are rightly identified as British and have the right to be in this country, and this remains separate from the many narratives that have been written.

The hon. Gentleman knows that the Government do not comment on leaks. What I can say is that we have matched the scale of Wendy’s challenge with the scale of our ambition and delivery. Wendy acknowledges that our ambition to achieve genuine cultural change requires ongoing reflection, which is what we are doing. The Home Office has provided regular updates on the good progress, and the statistics bear out the hard work that is happening.

I am afraid that the narrative is simply not quite right. I remind the House that 4,558 claims have been received, and the total compensation offered is £59.58 million, of which more than £51 million has already been paid. Fifty-nine per cent. of claims have a final decision and, as a lawyer in my previous profession, I know that that is quite a high number. The Government are absolutely committed to righting this injustice.

Oral Answers to Questions

Stephen Kinnock Excerpts

Monday 19th December 2022 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Stephen Kinnock (Aberavon) (Lab)]

The Nationality and Borders Act 2022 is profoundly counterproductive legislation, as illustrated by the fact that, since it was passed, the number of dangerous crossings has reached a record high. The Act includes the so-called inadmissibility clause, but the fact that the Government have failed to negotiate a returns agreement with a single European country means that just 21 out of 18,000 inadmissible people have been returned. Sending 300 asylum seekers to Rwanda will not even touch the sides of that 18,000. Does the Minister recognise the inadequacy of the legislation? Will he explain why the Government’s utterly self-defeating approach has led directly to the British taxpayer footing an extra bill of £500 million?

[Robert Jenrick]

First, whatever the inadequacies of the current system, they would be far worse if the Opposition were in power—in fact, the backlog of cases was 450,000 when the last Labour Government handed over to us. They have opposed every tough measure that we have taken, including the Nationality and Borders Act. If the hon. Gentleman thinks that Act did not go far enough, I will welcome his support next year when we bring forward further and even tougher legislation. We will make sure that we secure the borders and control migration. He cannot see the difference between people genuinely fleeing persecution and economic migrants. He is testing the will of the British people; we will take action.

Hotel Asylum Accommodation: Local Authority Consultation

Stephen Kinnock Excerpts

Wednesday 23rd November 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Stephen Kinnock.

[Stephen Kinnock (Aberavon) (Lab)]

It seems that we come to the Chamber at least once a week to hear about the mess that the Home Secretary is making of an asylum system that her Government have broken. The root cause of today’s urgent question is the failure of the Government to process asylum claims with anything like the efficiency required. In 2012, the Home Office was making 14 asylum decisions a month; it is now making just five.

Tory Ministers like to blame covid, but the truth is that this is a mess of their own making. They chose to downgrade asylum decision makers from higher executive officer grade to lower executive officer grade, leading to a less experienced workforce on lower wages with lower retention rates and collapsing morale. The inevitable consequences were slower decisions, more decisions overturned at appeal, an increasing backlog and ballooning taxpayer costs.

With the average time to process an asylum claim standing at 449 days, the people smugglers see the backlog as a marketing opportunity—an open invite from this Conservative Government to those who want to melt away into the underground economy. All this catastrophic incompetence has led to the Minister scrambling around to find contingency hotel accommodation, resulting in what the Home Secretary described this morning as “poor communication” between central and local government.

Will the Minister therefore confirm whether he really feels that his undertaking to give local authorities as little as 24 hours’ notice is reasonable? Did he recently pull out of two meetings with council leaders at short notice? What mechanisms is he using to monitor the performance of contractors and subcontractors? I have heard from councils where the public health team was not informed about serious health issues, including pregnancies, so does he accept that he is failing to give local authorities key health-related information? What progress is he making on tackling the crisis of unaccompanied children being placed in hotels— 222 have already gone missing—and will he apologise to the couples who have had to cancel their wedding receptions in hotels at extremely short notice as a result of this Government’s chronic mismanagement?

[Robert Jenrick]

Dear me! The reason I had to pull out of the meeting with local authority leaders was that the hon. Gentleman had called an urgent question and I was here answering his questions. The idea that the Labour party knows how to get a grip of this challenge is, frankly, laughable. The last Labour Government left the Home Office in such disarray that their own Home Secretary declared it not fit for purpose and had to split the place up. The backlog of cases was so high that he had to institute an amnesty, where they literally wrote to people and said, “Welcome to Britain. We can’t process your application—you’re in.” That is not the approach that we are taking.

Labour Members have no credible proposals to stop the problem at source. They voted against the Nationality and Borders Act 2022, and they opposed the Rwanda scheme. Their own leader, in his leadership campaign, called for the closure of immigration removal centres—the places where we detain people, often foreign national offenders, while we are trying to get them out of the country. The truth is that, in the last Labour Government, the party was committed to mass migration and uncontrolled immigration. We are only the party that believes in the British public. We are the party that wants to ensure that we secure our borders and have a controlled migration system.