Immigration Bill

Debate between Stephen Phillips and Fiona Mactaggart

Tuesday 22nd October 2013 Commons Chamber

[Fiona Mactaggart]

Of course I do, Mr Deputy Speaker.

[Stephen Phillips]

The hon. Lady has a reputation for robust debate. I did not hear what she said, but I am grateful—[Interruption.] I will not ask her to repeat it. Indeed, it is quite unusual in this House not to hear what she has to say from a sedentary position. Be that as it may, when the Government took office in 2010, immigration was an issue that we all knew—having fought the general election—needed to be tackled. The Government have in part attempted to tackle it through secondary legislation, but not always effectively, as my hon. Friend the Member for Esher and Walton (Mr Raab) pointed out. It was therefore clear to many Members—certainly Conservative Members—that primary legislation was needed, and it is to be greatly welcomed that the Government have brought forward this Bill to attempt to deal with many of the problems that the broken immigration system we inherited suffers from.

What are the problems and how can they be described? There are two principal problems. The first is the complexity of the regime and the lucrative industry that has grown up among immigration practitioners, which makes a mockery of both common sense and the law. Most importantly, that has resulted in constituents of Members from across the House paying large fees to achieve precisely nothing in terms of immigration advice. The second problem is that in the minds of many people overseas, this country has become a soft touch and an easy immigration route into the European Union. Even worse, it has become that in the minds of its own citizens —the very people who sent us here to represent their interests. Those of us who have pushed the Government in this area know that those issues must be tackled, which is what the Home Secretary and her team intend to do with this excellent Bill.

I will turn briefly to the Bill, but before that—if I may in the time available, Mr Deputy Speaker—I will make a few other comments. As I have said, tough action was necessary and I am pleased that we are seeing that in the Bill. Of course we want to welcome the brightest and best people to this country—we should always recognise that—and we want all that they offer to our economy and society. We want to recognise the contribution of many of those who have come here in the past and who run our NHS, as the hon. Member for Hackney North and Stoke Newington observed, and other public services, and who have given so much to this country. It is interesting, however—we did not hear this point from the hon. Lady or any Opposition Member—that it is those who have come to this country during the past 30 years who most resent the open-door immigration policy pursued by the previous Government. That policy saw a number of people come into this country that was equivalent to the population of a major city such as Birmingham.

What does the Bill do and what must we welcome? The Opposition seem to welcome it since, as I understand it, they are not going to divide the House on Second Reading. First, we all know that the appeal system is not only abused but is broken and not fit for purpose. Unmeritorious appeals are used to delay, obfuscate and prevent that which common sense decrees, where people are here unlawfully. All the provisions in the Bill are therefore to be welcomed.

Why on earth—before the Home Secretary rose to explain I suspect few of us knew this—do we currently have a system in which decisions on immigration status and removal are made separately? Are we really so stupid that we think those who come here illegally will always voluntarily leave without a removal decision? If we have been so foolish in the past, thank goodness we are no longer.

Why did the previous Government countenance a system that permitted bail to be applied for again and again by those to be deported, so that they could abscond? Why are abusive bail applications made day in, day out, which tie up immigration judges, and as a result lead to long periods during which those who have legitimate rights of appeal are denied a hearing in court? What on earth—I will not echo all the points made by my hon. Friend the Member for Esher and Walton—were the courts doing in the past in interpreting article 8 of the European convention on human rights in a way that made a mockery of common sense and immigration policy, as enshrined in law and passed by this House? This is a good Bill. It is necessary, as those on the Opposition Front Benches recognise, and has certainly not been brought forward in haste. If the House divides I will vote to give the Bill a Second Reading. I hope that all right hon. and hon. Members, wherever in the House they sit, will do the same.

Sentencing

Debate between Stephen Phillips and Fiona Mactaggart

Monday 23rd May 2011 Commons Chamber

[Fiona Mactaggart (Slough) (Lab)]

I want to talk about this Government’s record on crime where women are victims or offenders, and to show that the latest attempt to propose a 50% discount for early guilty pleas—which was offered up by the Under-Secretary of State, the hon. Member for Reigate (Mr Blunt), as doing women rape victims a favour—is a desperate ploy that could only be the product of a men-only Department which, to be frank, just does not get it when it comes to women and crime.

It is not just Ministers’ fault, however: when I was a Home Office Minister working with the National Offender Management Service, I discovered that officials believed that women offenders in prisons were basically exactly the same as men and were to be treated the same. The consequence was an appalling deluge of women self-harming and killing themselves in jail. I realised that we needed a comprehensive rethink of the issue, and helped to commission Baroness Corston to look at it. She came up with an excellent report that showed many of the ways that prisons dealt ineffectually and unfairly with women, who are more likely to be jailed for non-violent offences than men, more likely to be remanded when they are later found innocent, and very likely to have been victims of violence themselves before committing any offence.

It seems that we are getting the same kind of cloth-eared view on how women as victims are treated. We need to approach them in the same way that Baroness Corston approached women offenders: by really looking at how to reduce future crime, by ensuring that the children of offending women are less likely to become offenders themselves, by listening to victims and those in the system, and by doing a careful study rather than what I believe we are facing, which is a back-of-the-envelope calculation—“This’ll get me off the hook with the Treasury.”

Let us look briefly at Labour’s record, which Government Members have mentioned extensively. The most striking thing in relation to rape is the increase of sentences served between 2005 and 2009, the period for which we have the most recent figures. Sentences served increased by 14 months over that period because of determined work by my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) and Baroness Scotland, who worked together to start taking unduly lenient sentences back to court and ensure that dangerous rapists were not released early. We then realised that we were not doing enough, so we commissioned Baroness Stern to look at how rape was treated in the criminal justice system. She was impressed by a number of the changes that we had made, including introducing specialist police units—which are now due to be cut by the Home Office—increasing by 15% the number of rapists convicted, improving the way cases were dealt with in court, and introducing specialist prosecutors in all 42 Crown Prosecution Service areas. Of course, the number of CPS areas has now been cut, so although every area might claim to have specialist prosecutors, I doubt whether there will be as many as there were.

The difference between that and what we see now is carefully thinking through what will make a difference. I am genuinely shocked by the Minister, who I do not think is a bad man. I share his desire to reduce reoffending, and I recognise his point that short sentences—those under four years—are ineffectual. That is one of the reasons why I want to ensure that no rapist is in jail for less than four years. He said that there was no loud opposition to the proposal. What that means is that he has not bothered to read the representations that women’s organisations made in response to his Green Paper. I am afraid that we are seeing a cloth-eared, don’t-get-the-women approach from this Department. I want Ministers to think again. We were told that victims’ organisations would really welcome the proposal because victims would not have to go through the horror of a trial. Yes, rape trials are horrible—they are very degrading for the victim—but if the trial does not go ahead, then although the judge hears the plea in mitigation, he never hears how the victim’s life has been destroyed.

[Stephen Phillips (Sleaford and North Hykeham) (Con)]

I wonder whether the hon. Lady has actually read the Green Paper. One of the things that it addresses is the right of victims—a right that they never really had under the Government whom she supported—to give a proper impact statement on how the crime has affected them. If she cares to read the Green Paper, we will not have these silly points made.

[Fiona Mactaggart]

I was one of those Home Office Ministers who introduced the concept of victim impact statements, so I am well aware of that, but the problem is that with early guilty pleas, that has not usually been the case in practice. From my reading of the Green Paper it is not clear to me what will happen: will Ministers automatically ensure that the victim impact statement can fully outline what has happened to the victim?

I do not believe therefore that what is proposed is being done to make the victim’s experience better. There is no evidence of that, because there is no evidence of careful listening to victims’ organisations, which is what I would have expected had that been the case. I would have expected real engagement with women’s organisations that deal regularly with the victims of rape and other sexual violence. According to the British crime survey, one in 250 women were victims of sexual assault in the last year. This is a widespread offence, and we are not taking it sufficiently seriously when the Secretary of State for Justice can say, “Well, there’s rape and then there’s rape.” We need to change the way we deal with this issue. We need to be really serious about these issues. Although there is a case for discounts for early guilty pleas, they should not be universally applied to people who have been responsible for some of the most violent and degrading crimes, and his Green Paper does not stop that—