Draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Debate between Stephen Timms and Afzal Khan

Monday 18th March 2019 General Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hanson.

Labour opposes the draft regulations on four grounds. First, they will make changes to 21 separate pieces of primary legislation—something that should rightly be done through primary legislation. The Immigration and Social Security Co-ordination (EU Withdrawal) Bill, which has just come out of Committee, was surely the perfect vehicle for any necessary changes to primary legislation before exit day. Putting those changes into a Bill would have allowed more time for hon. Members to scrutinise exactly what they will mean for each of the Acts affected, and to table amendments if necessary. We accept that many of the changes are technical, but they could easily have been spelled out in the Bill and nodded through in Committee.

Our second reason for opposing the draft regulations is that on the Bill Committee we spent a lot of time talking about how chaotic and disorganised the current immigration rules are. They are almost impossible for immigration lawyers, judges and Home Office officials to understand, let alone the average person applying for a visa without the help of legal aid. The point of supplementary scrutiny is not just to criticise the Government, but to consider and improve what they are doing. More chances for scrutiny would avoid contradictory rules and bad laws.

Thirdly, the draft instrument puts the cart before the horse. We do not yet know whether the immigration Bill will become law, as it faces significant hurdles before Report in the Commons and has not yet been through the Lords. This statutory instrument makes changes for a post-Brexit immigration landscape that is not yet assured.

Finally, the statutory instrument revokes the Dublin III regulation, which determines which EU member state is responsible for returning an asylum claim.

[Stephen Timms (East Ham) (Lab)]

I am pleased that my hon. Friend raises the question of the Dublin agreement. Is it his understanding, as it is mine, that a significant number of families who can currently be reunited thanks to that regulation could no longer be if there were no deal and we were to exit on the basis of the SI before the Committee?

Acid Attacks

Debate between Stephen Timms and Afzal Khan

Monday 17th July 2017 Commons Chamber

[Stephen Timms]

I completely agree with the hon. Gentleman and his constituent. Katie Piper, an acid attack survivor and founder of the Katie Piper Foundation, which supports victims, has said:

“Tougher sentencing would surely act as a deterrent to further attacks”,

and I agree with her. We need greater consistency in sentencing as well.

I hope that the review announced by the Home Secretary will be carried out quickly, because we need urgent action, and I hope that in her response to the debate, the Minister will be able to tell us about the envisaged timescale.

I want to say a little more about the two specific points that I raised earlier. First, carrying acid without good reason should be a criminal offence, as carrying a knife is already. Of course, there are wholly legitimate reasons for obtaining acid, as there are for obtaining a knife, but we do not want people carrying them around the streets.

The Criminal Justice and Courts Act 2015 has created a minimum custodial sentence for those aged 16 and over convicted of a second or subsequent offence of possession of a knife or offensive weapon. The sentence for an offender aged 18 or above is at least six months imprisonment when convicted, and that for 16 and 17 year olds is a detention order of at least four months. Comparable sentences for possession of acid could combat the apparently growing idea that it is a safe weapon for gang members and others wanting to commit violent crimes.

Secondly, a licence should be required for the purchase of sulphuric acid. Some have complained that that would be an excessive, knee-jerk response, but actually it has been proposed by the British Retail Consortium, whose members have agreed voluntarily to stop selling sulphuric acid products. It points out that, under the Control of Poisons and Explosive Precursor Regulations 2015—which amended the Poisons Act 1972 and were intended to restrict supply of items that could be used to cause an explosion—sulphuric acid is already covered but under the lesser “reportable substance” category. Its proposal is that sulphuric acid should be promoted to the “regulated substance” category so that a licence would be required to purchase it. Regulated substances require an explosives precursors and poisons licence. A member of the public needs to show a valid licence and associated photo identification before making a purchase.

The proposal is supported not only by members of the British Retail Consortium, but by the Association of Convenience Stores, which says:

“We support legislative action under the Explosive Precursors Regulations 2014; for example, reclassifying sulphuric acid from Reportable Substance to Regulated Substance. This will provide retailers clarity and certainty on their obligations for products which contain sulphuric acid.”

It is significant that the shopkeepers themselves are asking for that chance.

[Afzal Khan (Manchester, Gorton) (Lab)]

The whole country has rightly been shocked by the recent acid attacks in London and the increased number of such attacks throughout the country. Many constituents have contacted me because they are horrified by what has been happening and feel that action needs to be taken. It is also important that we acknowledge the bravery of Resham Khan and her cousin, Jameel Mukhtar, in coming forward and sharing their experience so that we can discuss it here. I hope that the Minister will listen to both of my right hon. Friend’s suggestions, which I fully support.

[Stephen Timms]

I am grateful to my hon. Friend and agree with him on both points. I particularly endorse his point about the revulsion and wave of anxiety created by this spate of attacks. As well as shop sales, the issue of online sales will need to be addressed, including of substances other than sulphuric acid.