Nationality and Borders Bill (Second sitting)

Stuart Anderson Excerpts

Committee stage
Tuesday 21st September 2021 Public Bill Committees

[The Chair]

Finally, Stuart.

[Stuart Anderson (Wolverhampton South West) (Con)]

Zoe, I am trying to understand one of the points that you made earlier and your example of the young gentleman from Syria who came over here. You said that, under the legislation, even if he is sent out of the country, he will try to get back in, regardless of the legislation, even though he knows the system. Is that solely because he has family members here, or because, no matter what legislation we put in place, people will still—even when they know the system—try to come back in? Will you expand on that, please?

Zoe Gardner: I certainly would not like to say that I know anything about his intentions individually, but I would say that, as a young person and a refugee, if he were to be sent to another country, anybody in those circumstances would seek to be with their loved ones. That is the natural and human thing that we would all do. As Lucy Moreton explained clearly, once you have taken such a long and dangerous journey, and seen things that we in this room have certainly never seen and hope never to, there is no prospect of going back or of giving up so, yes, people will try to make the journey back again. It already happens. It is factored into the price in some of the smuggling operations that we hear about, that if you are turned back by the French coastguard, you get one extra shot free on us, half-price or whatever.

People who have made the journey this far and believe that the UK is the place where they will be safe and their human rights respected will seek to come here. We cannot make them disappear, so—this goes to Anne’s point—the only credible response is meaningful and good-faith international co-operation. We need to engage with the French, step up to say that we will take our fair share and then speak from a position of moral authority to ask others to do the same. That means taking in people who have connections to the UK.

[The Chair]

Okay, thank you, Zoe. I will bring in the Minister at this point.

--- Later in debate ---

[Stuart Anderson]

Q Could you give us your opinion of what the legislation will do to help you in your role when you deal with illegal immigrants?

Assistant Chief Constable Dave Kirby: Specifically in relation to the clause 45 defence?

[Stuart Anderson]

Yes.

Assistant Chief Constable Dave Kirby: If I can start with the background, what we find—forgive me if I tread over ground that you have already been over—is that the defence can be abused either way and there might be ways to alleviate that. We find instances where people who have a genuine claim to be a victim are admitting principal offences—cannabis cultivation or similar—in order to protect the people who exploit them. It tends to have the effect of limiting an investigation, including limiting the examination of telephones or other digital devices that might show us a broader conspiracy, for example. Again, that is because they are still under that control. We see that in an organised way, which I will come to.

Similarly, we see people we believe are genuinely committing offences, such as the organisers of those cannabis growers or people who are in some way managing them, using the defence—some people might use the phrase “Get out of jail free”—to avoid prosecution. In either case, we have seen a high level of organisation, which it is important to point out. I cannot go into the tactical detail in a public forum, but we can see a level of control that goes beyond one organised crime group, for example. Then we see people who are genuinely being exploited perhaps admitting offences and being prosecuted, or being bailed or released under investigation and then simply going round the cycle.

There are two important points around how the legislation currently sits. One is that the defence can be raised at any time, which makes life quite difficult for investigators because they have the original investigation to consider and then they have the secondary, parallel investigation that is required around status. That has to be conducted even if a person has not claimed to be a victim of modern slavery, because that defence could be brought in at any time. I understand that people might initially be hesitant to do that, given that they are being exploited, so it could be problematic to change. However, a second area of interest is that there is no duty for people claiming to be victims to co-operate with the parallel investigation around their status; that is difficult for investigators because there are quite often a few lines of inquiry, with some exceptions.

[Stuart Anderson]

Q We have heard from previous witnesses that the only people who would benefit from the Bill are the people smugglers. Is that your view?

Assistant Chief Constable Dave Kirby: I would be hesitant to make that statement. There could be benefits for victims, with various revisions. I would not want to make that statement directly.

[Stuart Anderson]

Thank you.

[Bambos Charalambous]

Q Mr Kirby, I want to ask about the issue you raised of people raising a defence and there being a delay. The national referral mechanism is meant to make decisions quite speedily, nut it is not doing that. Do you agree that if the NRM were to make decisions more quickly, that would stop this practice?

Assistant Chief Constable Dave Kirby: I think that would assist hugely. The delay can still be there, because people can choose when to bring the defence, and sometimes that is even at trial. But, yes, more speedy decisions from the civil competent authorities would be helpful, because investigators—we all know that resources are very stretched in every force area—could then focus on the areas they really need to.

Nationality and Borders Bill (First sitting)

Stuart Anderson Excerpts

Committee stage
Tuesday 21st September 2021 Public Bill Committees

[The Chair]

Thank you. This will have to be one final question from Mr Anderson and one final answer.

[Stuart Anderson (Wolverhampton South West) (Con)]

Q I have been listening today in keen trepidation of your answers. When sitting through several of these Bill Committees, we always find people—we will hear it today—who say it goes too far or it is not enough. I represent Wolverhampton, which has certainly stepped up to the plate and done its bit over the last few years. I have heard what you have said from your point of view about the gaps in the Bill. What positives can I take back to Wolverhampton City Council that the Bill will help to alleviate pressures?

Jon Featonby: It is very difficult for me to highlight any positives. That is one of the things that we will continue to raise with parliamentarians and the Home Office, because we do not think the Bill meets those challenges. The Bill is an opportunity to meet some of the challenges, particularly around the move-on period for people when they get refugee status, to make sure that the move from Home Office support to local authority support is as smooth as possible. We hope that as the Bill progresses such issues will continue to be debated. We do not believe that the Bill, as currently drafted, will alleviate any of the current pressures that local authorities face.

[Stuart Anderson]

Q Do you not believe it will alleviate any of the pressures that the council will face?

Jon Featonby: No.

[Stuart Anderson]

Thank you.

[The Chair]

I am afraid that brings us effectively to the end of the time allocated for this morning’s sitting. Mr Featonby, the Committee is indebted to you. Thank you very much for joining us. The Committee will meet again this afternoon. The doors will be locked, so Members may leave papers in the room if they wish to do so. You will continue to take oral evidence this afternoon. Please leave promptly and observe social distancing as you go out the exit door.

Ordered, That the debate be now adjourned.—(Craig Whittaker.)