Family Migration
Baroness May of Maidenhead Excerpts(12 years, 6 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
With permission, Mr Speaker, I would like to make a statement on family migration.
The Government are committed to reviewing all the main routes for immigration to the UK as part of our programme to reform the immigration system. As a result, we anticipate that net migration will fall from the hundreds of thousands to the tens of thousands. We have already announced major changes to the immigration rules by introducing a cap on work visas and reforming student visas to cut out widespread abuse. We now turn to reform of the family route.
In 2010, family immigration accounted for approximately 18% of all non-EU immigration to the UK—around 54,000 people out of 300,000. However, like the rest of the immigration system, family immigration has not been regulated effectively for many years. Sham marriages have been widespread, people have been allowed to settle in Britain without being able to speak English, and there have not been rules in place to stop migrants becoming a burden on the taxpayer. We are changing all that. The UK needs a system for family migration that is underpinned by three simple principles: first, that those who come here should do so on the basis of a genuine relationship; secondly, that migrants should be able to pay their way; and thirdly, that they are able to integrate into British society. If people do not meet those requirements, they should not be allowed to come here.
In July last year, the Government published a consultation on precisely how such a family migration system can be developed. Today I am setting out the new measures that we are introducing, and will shortly lay before Parliament the necessary changes to the immigration rules, to come into effect on 9 July. I shall place in the Library copies of the detailed statement of intent, together with a summary of the responses to the consultation. When I lay the changes to the rules, I will also publish the impact assessments of the new measures.
For too long we have had an immigration system that could be easily exploited by sham relationships. We are stepping up our enforcement activity, but it is important that policy reflects the seriousness of the problem as well. We will therefore increase the minimum probationary period for new spouses and partners from two years to five years. We will also publish new guidance to help caseworkers identify sham marriages.
For too long we have had an immigration system that did not take into account whether people coming here could pay their way. The Government’s reforms will mean that anyone who wishes to bring a foreign spouse or partner, or dependants to Britain will have to be able to support them financially. They must not become a burden on the taxpayer. Following advice from the Migration Advisory Committee, we will set a minimum income threshold of £18,600 for sponsoring a partner to settle in the UK. This is the level at which a sponsor can generally support themselves and a partner without accessing income-related benefits. Children involve additional costs for the state. To reflect this, there will be a higher threshold for each child sponsored: a £22,400 threshold for a partner with one child, with an additional £2,400 for each further child.
It has also been too easy for elderly dependent relatives to join their migrant children here and then potentially become a burden on the taxpayer. Therefore, if someone wants to sponsor a dependent relative to come to Britain who requires personal care, they will have to show, first, that they cannot organise care in the relative’s home country and, secondly, that they can look after the relative without recourse to public funds. We will also limit to close family the people who are able to access that route: parents, grandparents, sons, daughters, brothers and sisters. Aunts and uncles will no longer be eligible to come here through the family route. Future applications will also have to be made from overseas, not while the applicant is here as a visitor.
For too long, people have been allowed to settle in Britain without being able to speak English well enough and without having a proper appreciation of our values. So, from October 2013, all those who wish to live here will need to demonstrate that they are able to participate fully in British life. All applicants for settlement will need to pass the “Life in the UK” test and, because a person cannot integrate if they cannot communicate, we are strengthening the language requirement by introducing a separate English language test at intermediate level.
The family migration system will work best if it is able to operate efficiently. That means simplifying processes and removing unnecessary waste. The cost of administering appeals against family visit visa refusals is around £29 million a year. No other category of visit visa attracts a full right of appeal. So the Crime and Courts Bill will remove the full right of appeal for family visitors, bringing the process in line with the rest of the immigration system. In the meantime, we will lay new regulations to restrict the full appeal right to those applying to visit a close family member who has settled, refugee or humanitarian protection status in the UK.
In developing all the measures that I have outlined, the Government have had article 8 of the European convention on human rights—the right to respect for private and family life—very much in mind. But, as the convention itself makes clear, article 8 is not an absolute right. The convention allows the state to interfere in the exercise of article 8 rights when it is in the public interest to do so, and when the interference is proportionate to the public interest being pursued. In an immigration context, it allows necessary and proportionate interference on public safety grounds, or to protect the UK’s economic well-being.
Article 8 is clearly a qualified right, but Parliament has never set out how it should be qualified in practice. So, for too long, the courts have been left to decide cases under article 8 without the view of Parliament, and to develop public policy through case law. It is time to fill the vacuum and put the law back on the side of the British public, so we are changing the immigration rules to establish that if someone is a serious criminal, and if they have not behaved according to the standards that we expect in this country, claiming a right to a family life will not get in the way of their deportation.
If a foreign criminal has received a custodial sentence of 12 months or more, deportation will normally be proportionate. Even if a criminal has received a shorter sentence, deportation will still normally be proportionate if their offending has caused serious harm or if they are a persistent offender who shows particular disregard for the law. For the most serious foreign criminals—those sentenced to four or more years in prison—article 8 rights will prevent deportation only in the most exceptional of circumstances.
I will shortly ask the House to approve a motion recognising the qualified nature of article 8 and agreeing that the new immigration rules should form the basis of whether someone can come to or stay in this country on the basis of their family life. For the first time, the courts will have a clear framework within which to operate, and one that is on the side of the public, not foreign criminals. I commend this statement to the House.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I thank the Home Secretary for giving us early sight of her statement on family migration, article 8 and foreign criminals. I thank her for giving us early sight of it in The Sunday Times and on “The Andrew Marr Show” as well.
I shall respond first to the Home Secretary’s points about article 8. Foreign citizens who come to Britain should abide by our rules. The Government should be able to deport people who break the law and, as she will know, the number of foreign criminals being deported trebled in the last five years of the Labour Government. However, there continue to be cases in which it is difficult to understand why the courts have allowed the foreign criminals involved to stay in Britain. We therefore agree with the Home Secretary that action is needed.
Article 8 of the European convention on human rights is a qualified right, and the right to respect for family life should be balanced against other issues, including public safety, economic well-being and preventing disorder or crime. Parliament is therefore entitled to set out how those rights should be balanced against those considerations when dealing with foreign criminals, and to provide a framework within which the courts should operate. We should discuss those details, but the way in which Parliament provides that framework must be legally effective.
I am puzzled by the Home Secretary’s decision to use a motion in Parliament that will obviously not change the law or override case law in the way that primary legislation would. Surely that approach will risk creating confusion and legal uncertainty. Would it not be better for her to do this properly, through primary legislation, instead? If that were to happen, we would happily hold discussions with the Government to work on getting that right.
On the measures on family migration, when people travel and trade across borders more than they ever did before, there needs to be a fair framework for those who fall in love and build family relationships across borders, too. We agree that stronger safeguards are needed for the taxpayer on family migration. If people want to make this country their home, they should contribute and not be a burden on public funds, but it is not clear that the best way to protect the taxpayer is to focus solely on the sponsor’s salary. For example, in the current economic climate, someone on £40,000 today could lose their job next month, and then, of course, there is no way to protect the taxpayer. The system does not take account of the foreign partner’s income, which might have a differential impact on women. Will the Home Secretary explain why the Government ruled out consulting on a bond that could have been used to protect the taxpayer if someone needed public funds later on?
There is also a wider problem about the gap between the Government’s rhetoric and reality. The Home Secretary admitted yesterday that these changes to the family visa will not mean “big numbers”, yet she said again today that she anticipates meeting her net migration target of tens of thousands, even though the latest figures show net migration still at around 250,000. Will she tell us when she expects to meet that target? Does she still think it will be met by the end of this Parliament, in line with the Prime Minister’s promise—“No ifs. No buts.”—that it would be met or are she and the Prime Minister making promises that they have no intention of keeping?
There is also a gap between rhetoric and reality on deporting foreign criminals. The number of foreign criminals deported increased every year until the election, but since then it has fallen, year on year. It fell by 18% in the last financial year alone, as nearly 1,000 fewer foreign criminals were deported in 2011-12 compared with the previous year. According to Home Office briefings to the newspapers, the Home Secretary’s measures on article 8 will apply to 185 foreign criminals. Even if every single one of those article 8 cases had been deported, the Government would still have deported hundreds fewer foreign criminals last year compared with the year before, and we would still have more foreign criminals in the community instead.
The truth is that this announcement does not deal with the growing problem under the Home Secretary’s Government. Too many foreign criminals are staying in Britain—not because of article 8, but, in the words of a borders inspector, because of
“difficulty in obtaining travel documentation”
resulting from the Border Agency’s weaknesses in enforcement and administration. This is another example of problems that have got worse for the Border Agency in the last two years.
We will work with the Home Secretary to get the detail right and on some of the sensible points she has made, but statements and parliamentary motions are not enough; she also needs to take action on the practical problems that have got worse on her watch.
Mrs May
I thank the shadow Home Secretary for supporting the action the Government are taking in some areas, and I hope she will be able to carry that support through when the motion comes before Parliament, because a strong voice from this Parliament on article 8 and the rules on family migration will be all the more effective in relation to the courts.
The right hon. Lady asked why we have chosen to work through a motion in Parliament and immigration rules. We will change the immigration rules, and this Parliament will have an opportunity to make its voice heard and to give its clear view on where it feels the framework should sit in respect of article 8. I have every expectation that that will have an impact on how article 8 is interpreted in the courts.
The right hon. Lady asked why we had gone down the route of the income threshold. We asked the independent Migration Advisory Committee to advise us on what we should do and on what income level we should adopt. It gave us a range of income levels from £18,600 up to a higher point, and we chose to adopt the lower point, adding in elements for individual children, rather than go down a route that would be available only to those people who had capital and were able to put up a bond in the first place.
Changes in the numbers were also raised. The right hon. Lady was right to refer to the net migration figure shown in the last published set of statistics from the Office for National Statistics, which includes migration numbers up to September 2011. What she may have failed to look at, however, are the figures for student visas thereafter, as we have seen a significant decrease in the number allocated through to March 2012. [Interruption.] The shadow Immigration Minister, the hon. Member for Rhondda (Chris Bryant), says “That is good”, as though getting rid of abuse in the student visa system were not good. I am not surprised, because for too many years Labour allowed too many people to come to this country claiming to be students when they were not students. We are getting on with dealing with that.
The right hon. Lady talked about the need to deal with deportation. We are increasing the enforcement action that is being taken. All Governments have experienced problems in regard to the acceptance of an individual as being from the country concerned and the granting of the recognised travel documents on that basis, but the right hon. Lady’s claim that this Government are somehow failing in relation to immigration sits ill with the record of her Government over too many years. Her Government failed to control immigration; this Government are controlling immigration. Her Government failed to end the abuse of student visas; this Government are ending the abuse of student visas. Her Government failed to deal with article 8; this Government are dealing with article 8.
Mark Reckless (Rochester and Strood) (Con)
I welcome the series of impressive and, dare I say, Conservative measures that the Home Secretary has announced. Given that thresholds are higher when children are involved, is there not a risk that people entering the country in order to marry will quickly have a number of children, and may therefore need state support although they are above the original threshold?
Mrs May
I understand my hon. Friend’s point, but I think that it would be highly unreasonable for the Government to tell people that they could enter the country but could not have any children. When people first enter the country, they will be able to stay for a limited period, and will then have to undergo a renewal process to establish whether they meet the requirements at all stages before they achieve settlement.
Mr Jack Straw (Blackburn) (Lab)
While, like my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), I do not recognise the parody of the last Administration’s immigration policy, I none the less welcome the decision about guidance on article 8. Young Amy Houston, aged nine, was killed in my constituency by a hit-and-run failed asylum seeker who subsequently invented a family life. Despite the very best efforts of the Home Office, my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson) and me to pursue appeals, the appeal decisions were, I believe, incomprehensible to most people, and that family have been left bereft.
May I ask the Home Secretary two consequential questions? First, if it transpires that the changes in the immigration rules and the resolution in the House do not work as intended, will she introduce primary legislation? Secondly, will she look at the current practice whereby the courts keep their judgments confidential in cases such as that of Mohammed Ibrahim? It was very difficult even for me, as Justice Secretary and the bereaved father’s Member of Parliament, to get hold of the judgment of that immigration court. Whatever the arguments may be for confidentiality on asylum applications, there can, or should, be no confidentiality in cases such as this.
Mrs May
The right hon. Gentleman has made an extremely important point. As he will have noticed, the current Justice Secretary is in the Chamber and will have heard what he has said. I am sure that we can consider the right hon. Gentleman’s point about the confidentiality of judgments.
The right hon. Gentleman referred to the terrible case involving the actions of Mohammed Ibrahim. Obviously, Paul Houston has been campaigning for changes for some time, and we expect the changes that we are introducing to deal with such cases. The House of Lords in 2007, and the Court of Appeal in more recent cases last year and this year, have made clear the need for a statement from Parliament about where the public interest lies. The right hon. Gentleman is right, and I am grateful for his support.
Mr John Redwood (Wokingham) (Con)
I urge the Home Secretary to take the advice that if, peradventure, a motion is not sufficient, this House will be very happy to legislate to deal with the foreign prisoner problem, and will she also explore with the Justice Secretary whether there are more foreign criminals in our jails who could serve their term elsewhere, and not at our expense?
Mrs May
I thank my right hon. Friend for those questions, and they serve to remind me that I did not answer the point made by the right hon. Member for Blackburn (Mr Straw) about the next steps we might take if what we are doing does not lead to a change in the sorts of decisions coming from the courts. If that is the case, we will, indeed, look at further measures, and they could, of course, include primary legislation. I can assure my right hon. Friend that both the Justice Secretary and I have an interest in trying to ensure that as many foreign national prisoners as possible are removed from this country, including being removed to serve their sentence elsewhere.
Keith Vaz (Leicester East) (Lab)
I support what the Government are doing on article 8, which is in keeping with the Select Committee’s recommendations on the removal of foreign national prisoners, but I profoundly disagree with the Home Secretary’s proposals on spousal visas. The effect of that change will be directed against the British Asian community—not against illegal immigrants, but against settled Britons who are here, pay their taxes and contribute to this country. I do not believe that the British Home Secretary should be determining who the spouse of a British citizen should be based on an arbitrary limit—on an arbitrary financial limit. I urge the Secretary of State to look again at these proposals. She should look at the limits and see how this would affect a city like Leicester.
Mrs May
What I think is absolutely right is that the British Government should say that if somebody is bringing somebody in here to be their spouse or partner, they should be able to support that individual and the family life they are going to have. That is important, and that is what the Government are saying. The right hon. Gentleman talks about the income threshold being arbitrary, but it is not arbitrary. The Migration Advisory Committee looked at various levels of income and this was the level it said was the point at which people could generally support themselves without having to be reliant on income-related benefits. It suggested a higher level to us as well, but we chose this level. I think it is right that people should be able to support the individual they are bringing in to be their partner or spouse.
Lorraine Fullbrook (South Ribble) (Con)
I welcome the fact that an English language requirement has been introduced for foreign spouses coming to the UK. What further measures will be put in place to ensure that those coming here legally can be properly integrated into our communities?
Mrs May
My hon. Friend raises an important point. This is not just about numbers; it is also about ensuring that people are able to integrate and participate fully in British society, and speaking the English language is an important part of that. That is why from next year we will raise the required level to intermediate level. We will also require people to take the “Life in the UK” test, to ensure that they have an understanding of life here in the UK, because we want the people who come here to be able to participate fully in British life, and to contribute fully to it, as I am sure they want to do.
Mr Frank Field (Birkenhead) (Lab)
I welcome the Home Secretary’s statement, as I have also welcomed her earlier, allied statements on this theme. The polls show that voters of all parties are concerned that our population is growing primarily because of immigration. When all her policies are in place, what impact will they have on that projected growth?
Mrs May
As I have made clear on several occasions, we are putting in place a number of policies that we anticipate will lead to reducing net migration to the tens of thousands. I have never been somebody who says I expect the population of the UK to be a certain figure by a certain period of time, but I think it is right that, by taking these actions, the Government will be reducing net migration, and that will have an impact on the matter the right hon. Gentleman raises.
Michael Ellis (Northampton North) (Con)
I commend the Home Secretary on this move. Does she agree that some of the judgments by judges hearing cases relevant to this issue have, frankly, been embarrassing and infuriating? Judges must be encouraged to consider the public interest first and foremost. If they are not inclined to consider the public interest first, with this House having passed a motion on the matter, primary legislation must be given a high priority.
Mrs May
As I indicated in a previous response, on a number of occasions the judiciary has, in effect, said to Parliament, “You need to set out what is the public interest and where the balance of public interest lies.” That is why I expect that what we are doing in the immigration rules and the debate in Parliament will help judges in saying, “This is where Parliament believes the balance should be between the public interest and the individual’s rights.”
Pete Wishart (Perth and North Perthshire) (SNP)
What discussions did the Secretary of State have with the Scottish Government about the proposals? Why was she not open to the suggestion of variance in the minimum income threshold, to match the variance of income across the United Kingdom? We in Scotland do not share her little conservative view of immigration; we prefer to do things a bit differently. Does she not think it is now time that we had our own powers over immigration, so that we can match our community needs in Scotland?
Mrs May
A regional variation in the income threshold was looked at by the Migration Advisory Committee and rejected by that committee for a number of reasons. The committee looked at income versus public sector costs in regions and the purely practical point that if we had regional variation, the result could very well be someone initially going to live in a region where the threshold was lower, in order to get into the country, and then moving within the country.
Tom Brake (Carshalton and Wallington) (LD)
The coalition Government must be firm but fair on immigration, so I welcome the income threshold that was eventually agreed. What flexibility or discretion will be available for those who, for example, might not be able to pass the intermediate language test—perhaps for medical reasons—or who, for exceptional reasons, might have to apply for family reunion while they are in the UK?
Mrs May
Obviously we are conscious that some people will find it difficult to deal with the income threshold—perhaps a sponsor here who is disabled and may not have the same expectations of income as others—so there will be some ability to be flexible on that. The English language test is an important part of the scheme we are putting in place. I acknowledge what my right hon. Friend says about people who, for a medical reason, may have difficulty with that, but overall I think it is right that we have the test in the scheme.
Stephen Timms (East Ham) (Lab)
I was contacted by a constituent this morning. He is engaged and he earns £16,000 a year. He says:
“I have never relied on the state…I would like to live a happy life with my wife in my country of birth, why should the amount I earn be a reason not…to”?
How does the Secretary of State answer my constituent?
Mrs May
I say to the right hon. Gentleman what I have said previously. When someone wants to bring a partner or spouse to the UK, it is right that we have an expectation that they will be able to do so without relying on benefits. The income threshold set by the Migration Advisory Committee is the level at which people are generally able to support themselves and a dependant, which is the circumstance that pertains when someone brings in a spouse or partner. The figure has not been plucked out of the air by this Government. The Migration Advisory Committee looked at it very carefully and this is the threshold that it proposed.
Paul Uppal (Wolverhampton South West) (Con)
Some years ago, a prominent immigration lawyer told me that the two main drivers of immigration are, first, the perception—right or wrong—that we have an overtly generous welfare system in the UK; and secondly, lax human rights legislation. Does my right hon. Friend agree that in this statement and through our welfare reforms, we are tackling those issues head-on?
The shadow Home Secretary talked about a bond. Does my right hon. Friend not find that ironic and perhaps politically opportunistic, given that, when in power, Labour considered such a measure but chose to put it to one side, but in opposition they sing a different tune?
Mrs May
My hon. Friend makes an important point, and he is absolutely right: when people look at which country to move to, there are issues to do with their perception of the laxity or otherwise of the regimes operating in that country. What we are doing today on the immigration rules and article 8, our measures on all the other aspects of immigration, and the welfare reform we are putting through, will have an impact.
As for the bond, not only is it ironic that that is something that the previous Government looked at, but of course it would make it even harder for the people to whom the Chairman of the Home Affairs Committee and the right hon. Member for East Ham (Stephen Timms) referred.
Glenda Jackson (Hampstead and Kilburn) (Lab)
It is not unusual for individuals to have been brought to this country as small children by their parents from former British colonies and then to have lived for 40, 50 or, as in one instance in my constituency, 60 years in this country under the misapprehension that they had automatic British citizenship. If one of these individuals—someone who has lived all their life in this country, been educated here, created a family here and, as in many instances, created businesses here—commits a crime and has to serve a prison term, should they be deemed to be foreign and therefore be deported?
Mrs May
I made clear in my statement the thresholds that we believe should pertain in this instance, and that only in exceptional circumstances should somebody who is committed to prison for four years or more, having committed a crime, be able to claim family rights here in the UK and that deportation is normally proportionate for those who have been imprisoned for 12 months or more. I say to the hon. Lady about the individuals concerned: I am sorry but if they do not want to risk the possibility of being deported as a foreign national offender, they should not commit a crime in the first place.
Mrs Helen Grant (Maidstone and The Weald) (Con)
These proposals will help to tackle the scourge of the sham marriage. What other action is my right hon. Friend taking to address such issues?
Mrs May
Sham marriage is a problem and it is right that we should look at it. We are examining some further steps that could be taken to deal with it, such as combining some of the powers of the UK Border Agency and the registrars to ensure that they have greater ability to deal with what they consider to be sham marriages, should they appear. We have also stepped up our enforcement activity. As a member of the Church of England, I am sad to have to say that, as my hon. Friend may have seen, there have been cases where Church of England vicars have been undertaking sham marriages. I think that is appalling, but we have been identifying those cases and taking action.
Jeremy Corbyn (Islington North) (Lab)
May I ask the Home Secretary to think again about the answers she gave to my right hon. Friends the Members for East Ham (Stephen Timms) and for Leicester East (Keith Vaz) on spousal visas and family reunion? When she carries out this impact assessment, will she examine the impact on communities and on families on modest incomes, who have every right to be together as a family? In her impact assessment, will she also give some credibility to the enormous contribution made to the economic success of this country by 60 years of migration to our society and the great benefits given to us? Could she not say something positive about the role of immigrants in our society, rather than always repeating what the Daily Mail says?
Mrs May
If the hon. Gentleman were to look back at the speeches and comments I have made on immigration over the past two years, he would see that I frequently say that immigration has been a positive benefit to this country. But what I think is not good for this country is uncontrolled immigration. That is why this Government are bringing some control into our immigration system. We made it clear two years ago that we would look at every aspect of immigration, and we have done so. We continue to look at issues associated with immigration, and it is absolutely right that we set out clearly what we believe are the parameters within which it is right for someone to be able to bring a spouse or partner here to the UK.
Chris Heaton-Harris (Daventry) (Con)
I congratulate the Secretary of State on making one of the most important announcements of this Session in this House today. It is so important that I am here to ask a question about it instead of watching England against France. [Interruption.] I am doing my bit. There is a distinct lack of public confidence in our immigration system. Is not the best way to tackle that by introducing these sorts of measures, which strengthen public confidence as a result of strong, robust immigration measures?
Mrs May
I thank my hon. Friend for his commitment to this issue, such that he is in the Chamber now. [Interruption.] I have noticed that there have been one or two leavers since the statement started, which may have something to do with what is happening in Ukraine. He is absolutely right to say that the issue of confidence is important, and I think that members of the public will be pleased to see that the Government have taken yet another step to bring some control into our immigration system.
Dame Joan Ruddock (Lewisham, Deptford) (Lab)
Among the two categories of people who come to me most frequently in my constituency are parents seeking to bring often teenage children to this country because the grandparents who are looking after them in Africa have either died or become unwell. Will the right hon. Lady say what the impact of these new measures will be on that kind of family reunion? Am I right in thinking that she has said that very elderly people who may not have had the opportunity to learn English but are dependants of people in this country will have to pass the new intermediate English test?
Mrs May
In relation to the right hon. Lady’s first point, we have made it clear that there is an income threshold for people who want to bring a spouse, a partner or a child to the UK. On her second point, which was on dependent relatives, we are tightening up the system, but making it clear that it may be possible to bring in an elderly dependant who requires a degree of care that is not available to them in the country in which they live. In such circumstances, it must be shown that they will not be a burden on the state and that the personal care can be provided by the family.
Dr Julian Lewis (New Forest East) (Con)
What will be the effect of the package on asylum seekers who come without their spouse or children? In particular, some asylum seekers fail to get asylum but cannot, for one reason or another, be sent back. There are also genuine asylum seekers to whom we are happy to grant asylum. Will they be able to bring their families to join them?
Mrs May
Asylum seekers will have the same rights to apply to be here in the UK as they have currently. The package is for those who want to bring non-EU people as spousal partners; it does not affect people who are here genuinely as asylum seekers and who have been given the protection of this country.
Fiona Mactaggart (Slough) (Lab)
Before the election, the Home Secretary said compellingly that she wanted to be part of a family-friendly Government, but the proposals put a means test on family life for many people and mean that some parents cannot be in the same country as their children or their spouse. She will be aware that, currently, if a spouse applies for a visit visa, they are automatically refused, because it is said that they should be able to get a settlement visa. She is ending the appeal against the refusal of visit visas, but will she change the arrangements so that, for example, fathers can at least come and be at their children’s graduation ceremonies as a visitor when families cannot afford to settle here together?
Mrs May
The hon. Lady refers to ending family visit visa appeals. It is right that we do that. It is the only immigration route that has a full appeal. It will be quicker for people to put in a separate application for a decision rather than appeal. All too often, appeals cases are lost because further evidence is brought forward when it might have led to a different decision had it been available in the first place.
Duncan Hames (Chippenham) (LD)
Young newlyweds in Britain are often supported financially by their parents. Would it not therefore be appropriate to allow the parents of sponsors to demonstrate such financial commitment by contributing to meeting any income thresholds applied under the new rules?
Mrs May
I understand the hon. Gentleman’s point. We are giving some allowance within the rules—with qualifications—for individuals’ savings, but we do not think that it is appropriate to include money that somebody just says they can give to the sponsor. The measures are about the sponsor showing that they can support the spousal partner and/or children that they are bringing into the UK.
Nia Griffith (Llanelli) (Lab)
Many in my constituency working in both the public and the private sector bring up a family on less than the proposed threshold. What equality impact assessment has the Secretary of State carried out on whether the threshold will have a disproportionate effect on groups such as younger people, British women who want to bring in a foreign husband, or those living in less prosperous regions?
Nick de Bois (Enfield North) (Con)
The Home Secretary’s proposals are very welcome, and my constituents will welcome them. Can she confirm whether the English language test will be held under test conditions, and whether identities will be checked, to avoid cases such as those in which people have had other people take tests for them?
Mrs May
We are conscious of the problems that have existed in relation to some tests in the past, which is why we have already tightened up the rules. We will continue to examine the tests to ensure that they genuinely assess whether an individual—and the right individual—fulfils the language requirements that the Government set out.
Alison Seabeck (Plymouth, Moor View) (Lab)
The right hon. Lady may be aware that my constituency has a strong military presence, including overseas servicemen and women. We have a significant number of Fijians serving in the Royal Navy and Royal Marines, for example. What discussions did she have with the Ministry of Defence about the ability of those servicemen, who often sign up for more than 10 years at a time and are obviously on lower incomes, to bring their families here and keep them here?
Mrs May
We have indeed discussed the issue with the Ministry of Defence, and the current rules will continue for the time being for both serving UK personnel and foreign and Commonwealth personnel. We are considering how we can revise what are called the part 7 rules, which relate to foreign and Commonwealth personnel serving in Her Majesty’s forces, and in the coming months we will consider very carefully what arrangement should apply in future. At the moment, transitional arrangements mean that the current situation will pertain for those personnel.
Mr Edward Leigh (Gainsborough) (Con)
I warmly commend the Home Secretary for her statement today. It shows that we can come up with good, strong, Conservative statements and be popular with the British people. Our Liberal friends, take note.
May I say to the Home Secretary that the reality must match the rhetoric? We gave a solemn promise at the last general election that we would get immigration down to tens of thousands, and there has been far too little progress. Will she recommit herself today to appointing officials of sufficient quality and in sufficient numbers to achieve that aim? Otherwise, there will be a huge democratic deficit.
Mrs May
The figure of tens of thousands continues to be the aim that we are working towards. My hon. Friend is right that, as I indicated in response to the shadow Home Secretary, the figures to September 2011 have still not shown a fall. If he looks at the subsequent student visa figures through to March 2012, however, he will see a significant fall in allocations. That should have an impact on net migration figures in due course.
My hon. Friend tempts me down a route that I will not go down, but I make fairly and squarely a point that I should have made in response to an hon. Friend earlier: these proposals have been put forward by the coalition Government.
Jonathan Ashworth (Leicester South) (Lab)
I entirely reinforce the point that my parliamentary neighbour, my right hon. Friend the Member for Leicester East (Keith Vaz), put to the Home Secretary. Even if the threshold has been suggested by the Migration Advisory Committee, surely she must recognise that it is entirely arbitrary and that many people in Leicester and other parts of the country are on earnings of nowhere near £18,000. Does she not recognise that many families who settle in cities such as Leicester make a huge contribution to the economy? What economic modelling has she done of the wider economic implications of these restrictions?
Mrs May
A question that starts off by referring to the fact that the figure has been produced by the Migration Advisory Committee cannot, in the same breath, say that it is “entirely arbitrary”. It is not arbitrary. The committee considered very carefully the level at which people can normally support themselves and not depend on income-related benefits, and that is the figure we selected.
Andrew Bridgen (North West Leicestershire) (Con)
From the Brighton conference reforms to the changes announced today, does my right hon. Friend agree that this Government have done more to address the legal misuse of human rights legislation in the past 13 weeks than the previous Government did in 13 years?
Kate Green (Stretford and Urmston) (Lab)
What discussions has the Home Secretary had with her colleague the children’s Minister, the Minister of State, Department for Education, the hon. Member for Brent Central (Sarah Teather), about the implications of the announcement on the best interests of children? Will the Home Secretary assure me that when she publishes the draft regulations and the Government’s impact assessment there will be a full analysis of the implications for compliance with the UN convention on the rights of the child?
Mr Stewart Jackson (Peterborough) (Con)
I welcome my right hon. Friend’s announcement and believe that her proposals bear comparison with the robust policies pursued by the Labour party in Australia. She will know that notable human rights lawyers such as Geoffrey Robertson QC have already said that in the absence of primary legislation, an indicative motion in this House would not fetter the discretion of or bind the European Court of Human Rights. Is it not therefore right that we should still keep open the option of reviewing our membership of that body, with a possible option of doing what Sweden did and temporarily suspending our membership?
Mrs May
I am aware that there are those who have indicated that they think that the courts will not pay the attention that I expect them to pay to the framework set out by Parliament. We are talking about the decisions that the UK courts will take. On some aspects of the immigration rules—my hon. Friend might not like my saying this—the European Court has taken a tougher view than the courts in the UK. Our intention is that the courts in the UK should now have a clear framework so that they know when and how to operate and how to balance the public interest with individual rights under article 8.
Mel Stride (Central Devon) (Con)
Does my right hon. Friend agree that it would be beneficial if, as a result of her statement, we sent a clear message to the judiciary that the right to a family life is a qualified right that must be qualified in the public interest?
Mrs May
I entirely agree with my hon. Friend. The European convention is absolutely clear that the right to a family life is a qualified right. What we are doing today and will do in due course when Parliament has its debate—and, I trust, supports the motion the Government will propose—is saying very clearly to the judiciary, “Here is the framework and the balance you should be striking between the public interest and that of the individual.”
Neil Carmichael (Stroud) (Con)
I warmly welcome the statement. On the question of sham marriages, is it not conceivable that a forced marriage could fall into that category? What measures does the Home Secretary have to deal with that and what are her thoughts on that subject?
Mrs May
As a Government, we are very concerned about forced marriages. We have decided to take the step of criminalising forced marriage, which we believe will send a clear message to people that it is wrong. It is right that the Government send that clear message because forced marriage is wrong, it leads to abuse and we should ensure that it does not take place.
Family Migration
Baroness May of Maidenhead Excerpts(12 years, 6 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I will later today be making an oral statement to the House on family migration.
G6 Meeting
Baroness May of Maidenhead Excerpts(12 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
The informal G6 group of Ministers of the Interior from the UK, France, Germany, Spain, Italy, and Poland held its most recent meeting in Munich, Germany on 17 and 18 May 2012.
The meeting was divided into three working sessions over one day, with a dinner the previous evening. It was chaired by the German Minister for the Interior, Hans-Peter Friedrich, and I represented the UK. The other participating states were represented by: Manuel Valls (France), Anna-Maria Cancellieri (Italy), Jacek Cichocki (Poland) and Jorge Fernández Diaz (Spain). The US Attorney-General, Eric Holder and the Secretary for Homeland Security, Janet Napolitano, attended as guests for the final session.
The first working session was on north Africa and Syria. Ministers considered the need to work with new Governments in the area to build stability and tackle the risk of terrorism and illegal migration. I emphasised the importance of working with countries in sub-Saharan Africa, and with Turkey, as well as those in the immediate region. I also urged continued support for the Annan plan on Syria, while noting that the Syrian Government were not presently complying with their obligations, and highlighting the need for the opposition to refrain from violence and distance themselves from terrorist elements.
The second session focused on the European Commission’s recent draft directive laying down data protection rules for the police and judicial authorities. Ministers questioned the need for the directive and called for more flexibility in it. They were particularly concerned about proposals that would govern the processing of data within individual member states, and with the proposed requirement to renegotiate existing agreements for the sharing of data with countries outside the EU. I supported these concerns, arguing that member states should seek fully to implement the existing data protection framework decision.
The third session covered the movement of terrorist networks across borders, both within the EU and more widely (e.g. to training camps in Africa or Asia). Member states, and the US representatives, emphasised the importance of exchanging information on suspicious movements effectively, adding that data protection rules, while important, need to recognise the day-to-day reality of law enforcement work. I stressed the need to identify suspicious patterns of movement, and the important contribution that the provision of passenger name records can make to this.
The US representatives explained that their electronic system for travel authorisation (ESTA) had, in their view, been a great success, enabling them to detect a number of potential terrorists seeking to travel to the USA. They also expressed their appreciation for the recent approval of the new agreement on passenger name records between the EU and the USA.
I also held separate bilateral meetings with other heads of delegations.
The next meeting of the G6 is expected to be held in the UK in November.
Report on Corruption in the Police Service in England and Wales
Baroness May of Maidenhead Excerpts(12 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
Today I am laying before the House and publishing the second report by the Independent Police Complaints Commission (IPCC) on their experience of police corruption.
The Government are currently considering the findings of this report.
The document will be available on both the official documents and IPCC websites and copies will be available from the Vote Office.
Putting Victims First
Baroness May of Maidenhead Excerpts(12 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I am later today publishing “Putting victims first — more effective responses to anti-social behaviour”. It sets out the Government’s plans to deliver on the commitment to introduce mote effective measures to tackle anti-social behaviour, and puts them in the wider context of the reforms to the policing and criminal justice landscape and work to turn round the lives of the most troubled families.
The term “anti-social behaviour” masks a range of nuisance, disorder and crime which affects people’s lives on a daily basis: from vandalism and graffiti; to drunk or rowdy behaviour in public; to intimidation and harassment. All have huge impacts on the lives of millions of people in this country. None is acceptable.
Many police forces, local authorities and social landlords are working hard to deal with these problems. However, too often, the harm that anti-social behaviour causes, particularly when it is persistently targeted at the most vulnerable people in our society, is overlooked. At the heart of our new approach is a fundamental shift towards focusing on the needs of victims, rather than the type of behaviour.
We know what victims of anti-social behaviour want. First and foremost they want the behaviour to stop, and the perpetrators to be punished for what they have done. They want the authorities to take their problem seriously, to understand the impact on their lives and to protect them from further harm. They want the issue dealt with swiftly and they do not want it to happen again.
The mistake of the past was to think that the Government could tackle anti-social behaviour themselves. However, this is a fundamentally local problem that looks and feels different in every area and to every victim. Local agencies should respond to the priorities of the communities they serve, not to those imposed from Whitehall. From November this year, directly elected police and crime commissioners will be a powerful new voice for local people, able to push local priorities to prevent anti-social behaviour from being relegated to a “second-tier” issue.
The Government do, however, have a crucial role in supporting local areas. We will do that by:
Focusing the response to anti-social behaviour on the needs of victims—helping agencies to identify and support people at high risk of harm, giving frontline professionals more freedom to do what they know works, and improving our understanding of the experiences of victims;
Empowering communities to get involved in tackling anti-social behaviour—including by giving victims and communities the power to ensure action is taken to deal with persistent anti-social behaviour through a new community trigger, and making it easier for communities to demonstrate in court the harm they are suffering;
Ensuring professionals are able to protect the public quickly—giving them faster, more effective formal powers, and speeding up the eviction process for the most anti-social tenants, in response to recent consultations by the Home Office and Department for Communities and Local Government; and
Focusing on long term solutions—by addressing the underlying issues that drive anti-social behaviour, such as binge drinking, drug use, mental health issues, troubled family backgrounds and irresponsible dog ownership.
It is vital that those who will be affected by these changes, from the professionals who will use the new powers, to victims seeking protection from targeted abuse, can continue to shape the reforms so that we get them right first time. We will therefore publish a draft Bill for pre-legislative scrutiny before introducing legislation.
Copies of “Putting victims first” will be available in the Vote Office.
Equality Strategy (Building a Fairer Britain: Progress Report)
Baroness May of Maidenhead Excerpts(12 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
When I launched the equality strategy “Building a Fairer Britain”, in December 2010, I made a commitment to report back on its progress.
I have today published a progress update, “The Equality Strategy—Building a Fairer Britain: Progress Report”. It sets out how the coalition Government’s new approach to equality, which is based on transparency, local accountability, and reducing bureaucracy, is beginning to make a difference across the five key priority areas set out in the equality strategy.
Copies of the report are available on the Home Office website.
Oral Answers to Questions
Baroness May of Maidenhead Excerpts(12 years, 7 months ago)
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Eric Ollerenshaw (Lancaster and Fleetwood) (Con)
1. What steps she is taking to reduce the burden of administration on police. [108027]
The Secretary of State for the Home Department (Mrs Theresa May)
I have made it clear that police should focus on cutting crime and not on doing paperwork. That is why I have already announced a package of policies that will cut police bureaucracy, saving up to 4.5 million police hours per year, the equivalent of putting more than 2,100 officers back on the beat.
Eric Ollerenshaw
Does my right hon. Friend agree that the election of police commissioners in six months’ time should allow a much more localised focus on lifting these burdens and enabling more police time to be spent on the front line?
Mrs May
I do agree. My hon. Friend makes an important point about the role of police and crime commissioners. They will indeed be the voice of local policing, and I am sure that as such they will want to ensure that police officers are spending as much of their time fighting crime—and not doing paperwork—as they can, and that they will be a powerful force in removing bureaucracy from the police.
Keith Vaz (Leicester East) (Lab)
In evidence to the Select Committee, the chief constables of the West Midlands and Surrey informed the Committee that £5 million had been allocated to work with the private sector in order to cut costs and reduce administrative burdens. Given what happened at the Police Federation conference last week, would it not be a good idea for the Home Secretary to sit down with all the stakeholders to discuss exactly what the role of the police should be in the 21st century, rather than there being a public dispute between the Government and the police?
Mrs May
I have made it absolutely clear that the focus of the police is on fighting crime. I have set them only one target, which is to cut crime. Indeed, it is right that forces up and down the country are now looking—as they have done for several years, including under the last Labour Government—at bringing in the private sector to their forces where they feel that functions can be done more cost-effectively by the private sector. But I have also made it clear—as I did at the Police Federation conference last week—that we will not move the powers of warranted officers from officers to the private sector.
Philip Davies (Shipley) (Con)
One of the most pointless, expensive and time-wasting aspects of the bureaucracy that the police have to deal with is the equality and diversity industry that mushroomed under the last Labour Government, which I saw for myself when I visited West Yorkshire police on Friday. Could I meet the Home Secretary or the Minister for Policing and Criminal Justice to discuss how we can streamline this process so that we can get more resources on to the front line?
Mrs May
It is entirely right that we encourage the police to see more diversity in their ranks. There are many ways in which we do want to see more women and people from black and minority ethnic communities joining the police force and being able to press through the ranks, but my hon. Friend makes the important point that in looking at these issues we do not want bureaucratic processes to take over. Either I or my right hon. Friend the Minister for Policing and Criminal Justice will meet him to discuss this.
Mr David Hanson (Delyn) (Lab)
Even if I accepted what the Home Secretary said about the changes in administrative burdens, the reality is that 16,000 police officers are being lost. Last week at the Police Federation conference, they told me that 20% cuts would lead to administrative workloads increasing, not decreasing. Only today, the chief constable of Dyfed-Powys warned of “an austerity crime wave” as a result of the Government’s approach to policing. Will the Home Secretary now recognise that despite any package of policies she takes forward on administration, there will be fewer police on the beat and more administrative work to do?
Mrs May
No, the whole point of the approach the Government are taking is that we are cutting the bureaucracy for police to enable them to spend more time on the beat. The challenge is this: I was willing to go to the Police Federation conference and be absolutely honest with the police about what we are doing. I trust that the message that the shadow Home Secretary and the shadow policing Minister gave to the police was that Labour Front Benchers support the same level of cuts in funding as the Government are putting through, and the impact that that would have. I wonder if the shadow policing Minister told the police about his view that £600 million should be taken out of police overtime.
Tom Brake (Carshalton and Wallington) (LD)
Exempting the National Crime Agency from the Freedom of Information Act will reduce the administrative burden on the police, but will the Home Secretary set out how the principles of transparency and accountability will be upheld in the way that the NCA operates?
Mrs May
I am happy to give my right hon. Friend what I hope will be reassurance on this issue. We are clear that the NCA, when it is set up, should be transparent about how it operates and we will set out clearly those aspects that we expect it to be transparent about and publish information on. However, given the nature of many of the cases that it will deal with and some of the information behind those cases, it is right that we exempt it from the FOI. It is our intention that, on those matters that it can tell the public about, it is as transparent as possible.
Harriett Baldwin (West Worcestershire) (Con)
2. What assessment she has made of the effectiveness of the permanent cap on non-EU work migrants after its first year of operation.
Anne Marie Morris (Newton Abbot) (Con)
8. What steps she is taking to tackle alcohol-related antisocial behaviour.
The Secretary of State for the Home Department (Mrs Theresa May)
On 23 March, I published the Government’s alcohol strategy, which set out radical proposals to tackle the harms caused by alcohol misuse and builds on the legislative steps we have already taken to give the police and local communities more powers to tackle problem premises and deal with late-night drinking problems.
Jason McCartney
Will my right hon. Friend introduce measures to encourage safe and responsible drinking in community, family-friendly pubs, rather than pre-loading at home on cheap bargain booze?
Mrs May
I know that my hon. Friend has long championed the cause of rural pubs in particular, and pubs that are a key part of their local communities. One of the proposals that we have put forward in the alcohol strategy, on which we are consulting, is the introduction of a minimum unit price, as well as banning bulk discount offers. We believe that both will have a significant impact on preventing people from pre-loading—which is so often a lot of the problem—after buying cheap alcohol from supermarkets. Those measures will have a real impact in helping friendly, local, well-run community pubs.
Anne Marie Morris
Alongside one of my local town councillors, I am working on a Safer Streets campaign in Newton Abbot, which will involve our asking local businesses to become safe havens for those who encounter antisocial behaviour in the town centre. Does the Minister agree that such schemes are effective in creating a safe environment for businesses to thrive, while also helping our attempts to deal not just with alcohol-related incidents but with all forms of antisocial behaviour?
Mrs May
My hon. Friend is absolutely right, and I commend those in Newton Abbot who have put forward the scheme and are putting it in place. I think it will have a real impact. We see responsible businesses coming together with local agencies in a number of towns and cities around the country to provide people with safe drinking places, which will ensure that we can reduce alcohol-related violence and antisocial behaviour. The evidence from many places—including Durham, for example, which put forward such a plan—is that such schemes are good for the local economy, as well as for reducing crime.
Mr Gareth Thomas (Harrow West) (Lab/Co-op)
When those responsible for antisocial behaviour are arrested, they should surely be dispatched to the police cells as quickly as possible. Does the Home Secretary therefore share my disappointment at the Metropolitan police’s decision to close all the cells at Harrow police station, leaving us with no cells at all—we are one of the few London boroughs in that position—and causing significant logistical and administrative problems for the police in Harrow?
Mrs May
It is a matter for the Metropolitan police how it chooses to arrange the provision of cells and operational matters on the ground. It is for the police to decide operational matters because they have operational independence—something that I would have thought the hon. Gentleman supported.
Emma Reynolds (Wolverhampton North East) (Lab)
The Government might talk tough on tackling antisocial behaviour, but their policies do not live up to that rhetoric. Will the Home Secretary explain to my constituents why the Government are weakening powers to tackle antisocial behaviour and, in particular, why their replacement for antisocial behaviour orders does not constitute a breach of a criminal record?
Mrs May
We are not weakening the powers to deal with antisocial behaviour. What we have proposed—I will be publishing a White Paper on this tomorrow—will ensure that it is easier for people at the local level, including the police, local councils and others, to exercise powers on antisocial behaviour. Crucially, for the first time we are also giving individuals and communities an opportunity to trigger action to ensure that when there is long-standing antisocial behaviour that has not been dealt with, action must be taken.
Dr Sarah Wollaston (Totnes) (Con)
Will the Home Secretary join me in paying tribute to the work of special constables in tackling antisocial behaviour associated with alcohol? A group of special constables from Brixton are in the Gallery today. Between them they have put in more than 680 hours of voluntary work, and they are quite clear that the bulk of antisocial behaviour is associated with alcohol and/or drugs.
Mr Speaker
The sentiment is greatly appreciated, but just for future reference, we do not in this place refer to the Gallery, no matter how distinguished or worthy the people in it are.
Mrs May
I value the work done by special constables. There are many examples, like the one my hon. Friend cited, of special constables actively working in the community to reduce antisocial behaviour. Special constables do a good job all the time, so I would encourage more people to become special constables, which is a valuable way of volunteering and giving a great deal back to local communities.
Gloria De Piero (Ashfield) (Lab)
Breach of an ASBO is a serious business. That is why it is a crime. Will Ministers confirm that a breach of their proposed replacement—the crime prevention injunction—will not be a criminal offence?
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)
5. What recent assessment she has made of the effectiveness of UK border controls.
Mr David Evennett (Bexleyheath and Crayford) (Con)
20. If she will bring forward proposals to amend the immigration rules to prevent misuse of article 8 of the European convention on human rights.
The Secretary of State for the Home Department (Mrs Theresa May)
By this summer, we will have in place new immigration rules, which will help to end abuse of article 8. The Government are considering responses to the public consultation on changes to the family migration rules carried out last year, and expect to announce the results shortly. This will include changes relating to article 8.
Sajid Javid
The UK Border Agency recently reported that almost 4,000 foreign criminals are free to walk our streets. My Bromsgrove constituents know that it was the previous Labour Government who put the rights of criminals before the rights of ordinary law-abiding citizens. What steps does my right hon. Friend plan to take to start deporting these criminals?
Mrs May
My hon. Friend rightly raises an issue that causes considerable concern to members of the public. We have changed the way in which we deal with foreign national offenders. We now start deportation action 18 months before the end of the sentence, and in order to speed up the process we are chartering more flights to remove foreign offenders, but we are indeed having to make good a system that was of course put in place by the last Labour Government. When we deal with article 8, we will ensure that it provides less reason for people to claim that they need to remain here in the UK.
Mr Stewart Jackson
The abuse of article 8 undermines faith not only in our own criminal justice system but in human rights generally, as envisaged by the original British jurists who founded the convention in 1946. Will my right hon. Friend confirm that the Government will hold true to the Brighton declaration and make it clear that the sovereignty of our Parliament and our UK courts must be sacrosanct?
Mrs May
As my hon. Friend knows, we are making a number of efforts to ensure that the operation of the European convention in relation to the United Kingdom and the United Kingdom courts is as we believe it should be. That does indeed entail the decisions made at the Brighton conference concerning changes in the operation of the European Court of Human Rights. It also involves what we are doing to clarify the fact that article 8 is a qualified right and not an absolute right.
Mr Evennett
There is real concern in my constituency about appeals being lodged under article 8 allowing people to remain in the UK longer without leave to remain. Does my right hon. Friend agree that changes in article 8 will complement the Government’s changes to the family route of settlement policy, and will prevent further abuse of the system?
Mrs May
Yes. That is why the Government will be making changes in the family migration route along with their changes to article 8. Given that article 8 is about the right to a private and family life, the two are relevant to each other. What is crucial, however, is that article 8 is not an absolute right. It is qualified, and it allows the Government to operate a system under which people do not have an automatic right to stay here for the purposes of a family life. We want our courts to operate article 8 in the way in which it is written in the convention.
Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)
I listened carefully to what the Home Secretary said about changes that might be forthcoming. Does she believe that decisions should be made in a timely manner? My constituent Daniel Omonkhua was told by the UK Border Agency back in October 2010 that his article 8 application would be determined within a month. Why is he still waiting a year and a half later?
Bill Esterson (Sefton Central) (Lab)
9. What assessment she has made of the effect of change in police numbers on the level of crime since May 2010.
Stephen Hammond (Wimbledon) (Con)
T1. If she will make a statement on her departmental responsibilities.
The Secretary of State for the Home Department (Mrs Theresa May)
On 10 May we introduced in the other place the Crime and Courts Bill, which will establish the National Crime Agency. The NCA will be a powerful operational crime-fighting agency which will defend our borders, fight serious and organised crime, tackle economic and cybercrime, and protect children and vulnerable people. I will be further discussing the workings of this important new agency when I meet representatives of the Association of Chief Police Officers later this week.
Stephen Hammond
The weekly e-mail from Commander Williams showed that crime in Merton and Wimbledon was falling again last week. Residents of the Wimbledon constituency rightly attribute that to the Mayor of London ensuring that police numbers were kept up during his first period of office, so what can the Home Secretary say to the residents of Merton who want to ensure that the police can recruit the brightest and the best talent?
Mrs May
That was one of the issues that Tom Winsor looked at in the second part of his review of pay, terms and conditions for police, and he has proposed a number of ways for direct entry at various levels in the police for those from outside the police so that we can see a broader range of experience and skills being brought into policing. Those proposals, like other proposals from the Winsor report part 2, are currently going through the appropriate police negotiating body and other bodies.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The borders inspector has said that the number of people absconding at border control, slipping through without permission, escaping from detention or disappearing after temporary admission has more than doubled since the election, and the number who are later caught has fallen. Can the Home Secretary explain why that has happened?
Mrs May
We take the issue of security at the border extremely seriously. That is why we have been following up the report of the chief inspector of the UK Border Agency, as his title then was, in relation to the Border Force and ensuring that the—sadly—poor situation that had developed over a number of years under the Labour Government is being addressed.
Yvette Cooper
The problem has got substantially worse since the election. At terminal 3 alone the number of absconders was 115 in 2009; in 2011 the report estimates that it was “between 300 and 350, significantly higher than previous years”, and the proportion being caught later has halved. That is what the report says. Time and again, the situation is getting worse month on month, not better. Is not the truth that this is another example of failing border control and weaker action on illegal immigration on the Home Secretary’s watch? We have controls being downgraded hundreds of times, hundreds of staff being cut and at the last minute re-recruited, drugs and gun checks stopped, and more people like Raed Salah managing to walk through, when they should have been stopped. Will the Home Secretary get a grip?
Mrs May
I say to the right hon. Lady that it is this Government who are putting in place controls on our immigration system; it was the previous Labour Government who allowed people to come in without any controls on the immigration system. We are putting in place a policy that will see the number of people coming into this country reduced and in both the UK Border Agency and the UK Border Force, we are putting right the problems that grew up under the previous Labour Government. She talks about the relaxation of controls, but the inspector said that that had been happening since 2007. It is about time that the Labour party accepted responsibility for what it did in government.
Mr David Ruffley (Bury St Edmunds) (Con)
T4. I commend my right hon. Friend’s steely determination in dealing with Abu Qatada and his slippery legal team, but the fact remains that such a situation might happen again. That man has cost the British taxpayer £3.2 million over the past 10 years. In light of that, will she report what progress she has made in investigating how the Italian Government made early deportations of suspected ne’er-do-wells like Abu Qatada?
Mrs May
I have indeed undertaken, as I think my hon. Friend knows, to look at how deportations are managed in other countries, and not just in Italy but in France which, as has recently been mentioned, was able to deport two individuals rather more quickly than we have been able to deport Abu Qatada. I will report to the Commons when that work is complete. We want to be able to deport as quickly as possible people who should not be in the United Kingdom, and I am pleased that we are now closer to deporting Abu Qatada than we ever have been.
Sheila Gilmore (Edinburgh East) (Lab)
T2. Given that the vast majority of international students leave the UK at the end of their courses, why do the Government insist on counting them when calculating net migration figures, which other countries do not do, to the detriment of institutions such as Edinburgh university in my constituency that are competing with other countries for those students?
Debbie Abrahams (Oldham East and Saddleworth) (Lab)
T9. The crimes of the nine Oldham and Rochdale men convicted of the appalling sexual exploitation of vulnerable and young children have been condemned throughout the community. In Oldham, the police are working across agencies and on Operation Messenger to prevent such attacks, which they say exist across the UK in all communities and in all kinds of homes. What is the Home Secretary doing to ensure that such vital work does not suffer under the police cuts, and will she commit to ensuring that the Government’s response to these crimes is based on evidence, not on a knee-jerk reaction?
Mrs May
The hon. Lady raises a very important issue in relation to the terrible situation that we have seen in Rochdale, but, as she and others have said, sadly we see too many such cases throughout the country of grooming and sexually exploiting girls. We have already had a report from the Child Exploitation and Online Protection Centre on the issue, and we will look at it again and at how it is dealt with across the country. We have made sure that in the Police Reform and Social Responsibility Act 2011 there is a specific duty on police forces and on police and crime commissioners in relation to the care of children.
Karen Bradley (Staffordshire Moorlands) (Con)
T8. Will the Minister join me in congratulating Staffordshire police and, in particular, Chief Constable Mike Cunningham on meeting the requirements of the budget reductions in the spending review while maintaining visible front-line policing?
Nick Smith (Blaenau Gwent) (Lab)
Binge drinking by young people is a serious public health issue. “Men in Black 3” will be on our screens soon, and cinemas are important channels for alcohol marketing, so will the Home Secretary take the lead on more effective controls on advertising in cinemas?
Mrs May
The hon. Gentleman makes a very interesting point. I am not quite sure why he felt that “Men in Black 3” had to be promoted in his question, good though the first two films were. We have looked at the issue of alcohol advertising in relation to the alcohol strategy, but I will certainly take on board his point about cinemas.
Jo Swinson (East Dunbartonshire) (LD)
I thank the security Minister for the interest that he has taken in the superfluous security fencing at Milngavie reservoir since I raised the issue with him in 2010. Can he confirm that the Home Office has now acted, along with the Centre for the Protection of National Infrastructure, to give Scottish Water the power to remove any unnecessary and unsightly security fences?
Paul Goggins (Wythenshawe and Sale East) (Lab)
As the Minister responsible for national security, will the Home Secretary provide us with her understanding of the comments made yesterday by the Justice Secretary, who told the BBC that he has revised his proposals for closed material proceedings in civil cases so that judges always have the final say on when they are used?
Mrs May
The right hon. Gentleman will see the Government’s proposals when the relevant Bill is published, but I am sure that with his wealth of knowledge and experience he will know that, on a number of issues such as control orders in the past and terrorism prevention and investigation measures now, the decision to hear such matters in closed proceedings, and the decision on whether they should go ahead, is initially taken by the Secretary of State and then put to the court for the court to agree.
Mr David Davis (Haltemprice and Howden) (Con)
In recent times there have been a number of controversial applications to extradite British citizens to the United States, including that of Mr Christopher Tappin. Some appear to have been based on American police sting operations on British soil. How are they approved, and how many have been approved in recent times?
Heidi Alexander (Lewisham East) (Lab)
In December, the Home Secretary announced a national review of stop and search as used by the police. What progress is being made with that review and when will the report be published?
Mrs May
Initially, I asked the Association of Chief Police Officers to look at good practice in relation to stop and search. It has been doing that, and it is currently putting the results together. Alongside that, similar activity is taking place in a number of police forces, particularly the Metropolitan police, who have been looking at their stop-and-search arrangements and actively working with communities to ensure that this important power remains available to them but that they are operating it in the correct and proper manner.
London Bombings (July 2005)
Baroness May of Maidenhead Excerpts(12 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
On 19 July 2011 the Government provided notification of the publication of their response to the recommendations contained in the coroner’s inquests report on the London bombings of 7 July 2005. In that document, the Government committed to review progress against the commitments they made by the end of March 2012.
This review of progress is now complete and is published today on the Home Office website. A copy of the report will be placed in the Libraries of both Houses.
Specified Proceedings Processes
Baroness May of Maidenhead Excerpts(12 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I am announcing proposals to simplify and extend the processes where the police prosecute specified offences, (which currently cover a range of low level traffic cases), to reduce unnecessary bureaucracy and ensure swifter justice.
Currently, the police have the power to prosecute uncontested, low-level traffic offences, such as speeding, driving without insurance, or failing to produce a driving licence.
As part of the wider reform of the criminal justice system, I have, with the Attorney-General, been examining the procedures in these cases in order to identify ways of removing duplication, giving the police greater discretion and delivering faster justice.
We will introduce changes which enable the police to continue to prosecute these cases when there is no plea or the defendant fails to appear, avoiding unnecessary adjournments and the handing of cases over to the Crown Prosecution Service.
We are working with police forces and prosecution teams on the details of the process. I will also extend this approach to a wider range of low-level offences for which this simpler police-led model would be appropriate and will update Parliament on which offences this will cover in due course.
Equalities/Equality and Human Rights Commission
Baroness May of Maidenhead Excerpts(12 years, 7 months ago)
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The Secretary of State for the Home Department (Mrs Theresa May)
I am today announcing the outcome of the red tape challenge spotlight on equalities, alongside the Government response to the consultation on the reform of the Equality and Human Rights Commission.
The equalities red tape challenge package balances the need to provide important legal protection from discrimination with identifying which measures in the Equality Act 2010 are placing unnecessary or disproportionate burdens on business.
The package aims to reduce these burdens through delaying or repealing the law. We have today published consultation documents on the removal of provisions relating
to:
employer liability for the harassment of an employee by a third party e.g. a customer;
the power of tribunals to make wider recommendations in a successful discrimination case; and the statutory mechanism by which individuals can obtain information where they think an employer, or service provider, has acted unlawfully towards them.
We will:
proceed with the repeal of the socio-economic duty;
delay commencement of the dual discrimination provisions in the Equality Act 2010;
delay commencement of reasonable adjustments to common parts provisions.
We have also looked again at the public sector equality duty (PSED). This Government have a strong commitment to equality of opportunity. But we also have a strong desire to reduce unnecessary bureaucracy where it exists and consider alternatives to legislation. We committed last year to assess the effectiveness of the PSED specific duties. We have decided to bring forward that review and extend it to include both the general and specific duties to establish whether the duty is operating as intended.
A proportionate approach to legislation goes hand in hand with our plans for the EHRC. We want the EHRC to become a valued and respected national institution. To do so, we believe it must focus on the areas where it can add value—as an independent equality body and ‘A-rated’ national human rights institution. And, it must be able to show that it is using taxpayers’ money wisely.
Taking account of the views expressed in our consultation: “Building a fairer Britain: Reform of the Equality and Human Rights Commission”, we have decided to scrap vague, unnecessary and obsolete provisions from the Equality Act 2006 to focus the EHRC on its core functions.
In parallel, we are implementing a strong package of non-legislative measures, including:
recruiting a new chairman, to succeed Trevor Phillips who is retiring, and a new smaller board;
conducting a comprehensive review of the EHRC’s budget;
implementing tighter performance and financial controls set out in a new framework document.
We consider that this package has the potential to deliver the change in the EHRC’s performance that we all want to see, but we will review the EHRC’s progress at its next triennial review in autumn 2013.
Copies of the consultation documents on removal of specific provisions in the Equality Act 2010, and the Government response to the EHRC consultation will be placed in the House Library and can also be found on the Home Office website at the following link: http://www.homeoffice.gov.uk/equalities