Illegal Migration Bill

Debate between Baroness May of Maidenhead and Yvette Cooper

2nd reading
Monday 13th March 2023 Commons Chamber

[Yvette Cooper]

Immigration law is important, but the problem is that, at the moment, a huge amount of immigration law is not even enforced. There has been an 80% drop in the number of people who have been unsuccessful in the asylum system and been returned—an 80% drop since the Conservatives came to office. At the same time, our asylum system, under the Tories, is in total chaos. Only 1% of last year’s cases have had even an initial decision. Home Office decision making has been cut by 40%, the backlog has trebled in the space of just a few years, and thousands of people are in costly and inappropriate hotels.

[Mrs May]

I am grateful to the right hon. Lady for giving way. I am also grateful for the kind comments that she made about me in an interview at the weekend regarding modern slavery work. She has just referred to the backlog in asylum cases. If she thinks that the current figure means that the system is in chaos, what is her description of the system under the Labour Government of which she was a member, which had a backlog in asylum cases of between 400,000 and 450,000?

[Yvette Cooper]

The former Prime Minister and former Home Secretary is experienced enough to know that that is not an accurate characterisation of what happened. By the time the Labour Government left office, the backlog of initial decisions was just a few thousand. Now it is 160,000, and in fact it has trebled in the past few years as a result of the complete failure of the Conservatives.

[Yvette Cooper]

I will give way to the former Prime Minister; she and I have asked each other questions for so many years that I have to let her do so again.

[Mrs May]

I am grateful to the right hon. Lady, but does she not accept that, between the late 1990s and the early 2000s, when Labour was in government, the number of asylum cases that were in the legacy—the backlog—rose to between 400,000 and 450,000?

[Yvette Cooper]

The important point that the former Prime Minister addresses is that in the late ’90s there was an issue about what had happened with the Bosnian refugee crisis and many others. In fact, it was the action that the last Labour Government took that got a grip of the system and addressed some of the challenges. We took action to make sure that we could have both border security and a system that provided for refugees and those in need of asylum. The former Home Secretary will also know, because she was responsible for introducing the modern slavery law, which I support, that the Bill rips up many of the provisions at the heart of that legislation. I hope that she and I would agree that it should be possible for our country to have strong border security, and to have strong, fast, and effective measures, which, at the moment, the Government do not have, to deal with asylum cases swiftly and speedily, but also to make provision for those who have fled persecution and conflict, and provide support for those who have been trafficked and those who are the victims of modern slavery. I hope that she agrees with me that the Bill does the total opposite.

Nationality and Borders Bill

Debate between Baroness May of Maidenhead and Yvette Cooper

2nd reading
Monday 19th July 2021 Commons Chamber

[Mrs May]

I absolutely agree with my hon. Friend. That is why the work being done—I shall refer to this later—to increase the economic development of the countries that people are coming from, and to deal with the criminal gangs, is so important.

I have set out three principles, which I am pleased to say underpin the Bill. First, we must help to ensure that refugees claim asylum in the first safe country they reach. The current trend, where refugees reach a safe country and then press on with their journey, can only benefit criminal gangs and expose refugees to grave danger. The refugee convention does not state that refugees must claim asylum in the first safe country they come to. We were able to exercise that rule in the Dublin regulation as part of the European Union. Obviously that is not applicable to us now, and indeed the EU has since changed the Dublin regulation.

Secondly, we need to improve how we distinguish between refugees fleeing persecution and economic migrants, which will help to target support on those refugees who need it most, as well as encouraging people to support such a measure if they see that the people who are coming are genuinely refugees. Thirdly, we need a better approach to managing economic migration, which recognises that all countries have the right to control their borders. We must all commit to accepting the return of our own nationals when they have no right to remain elsewhere.

Sadly, as the Home Secretary said, the business of people trafficking has increased in recent years. To the criminal gangs, it does not matter whether they deal in drugs, weapons or desperate people—it is all the same; they want to make money. Breaking their business model is essential. That means stopping the routes available to them, but it also means catching and prosecuting them. That requires international co-operation. We have been very strong on international co-operation, and we must encourage more countries around the world to see this as an issue on which they should be working with us, and others.

I recognise that the Bill focuses on differentiating between those who came here legally and illegally, and I understand why the Government have gone down that route, but that in itself does not address the issue of better differentiating between refugees and economic migrants. I hope that the Government will give some thought to how they can work internationally to try to deal with that.

The concept that Britain could process asylum claims outside the UK came up when I was Home Secretary, and there was a lot of discussion on it in the European Union, but we did not go down that route because of practical concerns. It would not automatically remove the criminal gangs’ business model, because they would get people to the centre and still take those rejected by the centre and move them on across the Mediterranean, so there could be an increase in people being picked up and taken into slavery. There is also the problem of what we do with those people who are rejected for asylum but cannot be returned to their country of origin. The concept of allowing asylum to be granted outside the UK is also a major step, and it would have ramifications for any Royal Navy or Border Force vessel operating humanitarian missions in the Mediterranean, for example.

On seeking protection but entering illegally without a valid entry clearance becoming a new criminal offence, we must not send the message that somebody genuinely fleeing persecution whose only route out of that persecution is to the UK will automatically be seen as a criminal. I also echo the comments made by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith).

[Yvette Cooper]

Does the right hon. Lady agree that part of the concern is about ensuring that the modern slavery provisions do not end up being drawn too tightly?

[Mrs May]

I am grateful to the right hon. Lady for her intervention, because I am coming on to that point. I am sure that across the House we are sickened to know that some are abusing our world-leading modern slavery legislation in trafficking people into this country. We need to deal with the problem, but I have two concerns with the Bill. The first is about timing and the issue that the Secretary of State can require information to be provided within a specified period. It takes time for many victims of modern slavery to identify as a victim, let alone be able to put forward the evidence to establish that. I would like reassurance about how that power will be exercised.

Secondly, I would like an explanation about the change from needing reasonable grounds that a person may be a victim of modern slavery to reasonable grounds that a person is a victim of modern slavery. I know we need to toughen up to ensure that the law is not being abused, but again this relates to the degree of information that an individual may be able to provide at an early stage in consideration of their case.

I understand the complexity of the issues with which the Government are dealing in this area of policy. There always seems to be a need for a new immigration Bill because people are always trying to find loopholes that they can use to get here, so we must have legislation that not only strengthens the Government’s ability to deal with illegal immigration but continues to show that the UK is a country that welcomes those who are genuinely fleeing from persecution.

Domestic Abuse Bill

Debate between Baroness May of Maidenhead and Yvette Cooper

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Mrs May]

I absolutely agree with my right hon. Friend. I would also say that some of the local health trusts in my area in Berkshire have put together small videos getting out important messages about the support that is available and the fact that that support is there for people who are the victims of domestic abuse.

I hope the Government are going to publicise this Bill. It is important that victims and perpetrators know the implications of the Bill, particularly the fact that for domestic violence protection orders and notices, for example, it is not up to the victim to apply—others and third parties can apply for those things. Perpetrators need to know that.

Overall, this is a very important Bill. I welcome the cross-party support for it. I hope it will have a swift passage through the other place, because the sooner this Bill is on the statute book, the sooner we can provide extra support and help to the victims of domestic abuse. We will be able to say to them, “We are on your side. We understand. We want to help. It is not your fault”. The sooner the Bill is on the statute book, the sooner we can say to perpetrators, “This has got to stop.”

[Yvette Cooper]

May I begin by welcoming the work that the right hon. Member for Maidenhead (Mrs May) has done on domestic abuse over many years, the personal interest that she has taken in the issue, and her work on coercive control and on getting this Bill started in the first place?

I welcome the Bill and the amendments that the Government have tabled, particularly those around strengthening protections for children, strengthening protections in court and ending the appalling rough sex defence. I welcome the Government’s response to Members right across the House, who have been campaigning so powerfully for added measures and for changes to protect people from this awful crime—this torture in the home. The importance of this Bill and these measures has only grown during the coronavirus crisis, as perpetrators have exploited lockdown to increase their control and abuse, and calls to helplines and concerns have increased. Since the beginning of lockdown, 35 women and children have been murdered by a partner or ex.

I particularly want to speak to new clauses 32 and 33, which have cross-party support. I pay tribute to Laura Richards at Paladin who was behind a lot of this work, and encourage the Government to look at the report that she has published today which shows that there is a serious gap in the way our system responds to the risk from serial perpetrators of abuse. There are systems in place, such as multi-agency risk assessment conferences, to manage the risks to repeat victims, but there are no proper systematic approaches in place to monitor or tackle repeat perpetrators. These are dangerous people—predominantly dangerous men—who may go on to become ever more dangerous.

We need to make sure that when the call comes in about domestic abuse by someone who has been convicted before for abuse against someone else, it is not just treated as a new or one-off offence. We need to ensure that there are systems in place to join up the dots to link police, probation and support services together and to monitor people who have a series of previous domestic abuse or stalking convictions so that if they start a new relationship, the police and local services know that a new family are at risk and can take action. Too often, that does not happen. Clare’s law does not solve the problem because it relies on an individual asking about an offender’s history. What if they do not know to ask? What if they are too scared? Why is it still left to victims to ask for help, rather than having a proper system in place to monitor serial abusers and offenders? As Laura Richards points out,

“professionals load the victim up with actions and a safety plan and rarely do any multi-agency problem solving and risk management regarding the perpetrator.”

New clause 32 calls on the Government properly to review the way in which serial abusers are monitored and managed, and to publish that review swiftly. New clause 33 sets out a stronger way to respond to serial abusers, by bringing them into the process for managing serious offenders—the multi-agency public protection arrangements, or MAPPAs—so that serial domestic abuse perpetrators and stalkers can be properly addressed. So far, the Government have resisted this.

In response to the recommendation in our Home Affairs Committee report on this subject a few years ago, they said, “Well, we will work with the police and with existing information systems.” Those information systems are not working. The police national database is far too sporadic and patchy with regards to the way in which police officers respond to this issue across the country. The Government have said that they do not want a stand-alone register, but this does not have to be a stand-alone register. The whole point is to bring this into the existing MAPPA and violent and sex offender register—ViSOR—processes that are currently used for sex offenders and the most serious violent offenders. We have processes that can work. Why not use them for serial domestic abusers who can escalate that abuse?

Nor is it good enough for the Government to simply say, “Well, there’s a lot of good work under way. We’ve got to respond to pilots.” We have already heard them say in response to the powerful speech from my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), on the need to address the issue of no recourse to public funds for migrant women, that we need to wait for pilots. In that case, it is not enough to respond to pilots. We should be taking some action while we wait for those pilots to conclude.

Similarly, on serial domestic abusers, by all means let us have pilots and different measures in place on how best to respond to perpetrators, but let us get on with having the systems that can join up the information so that the police and probation can work together and know who those dangerous serial abusers are. The tragedy is that Laura Richards’s report lists case after case where that did not happen, where someone has been murdered and the killer had a history—the killer had abused many times before—and the police, probation services and others did not have a system in place to identify that and to respond. It has happened too many times.

If Ministers will not listen to me and will not listen to the Select Committee when we make these recommendations, perhaps they will instead listen to the calls from the families of victims. Perhaps they will listen to the words of John Clough, the father of Jane Clough, who said,

“It’s way past time serial abusers and stalkers were treated with the same gravitas as sex offenders and managed in a similar fashion”,

or those of Celia Peachey, daughter of Maria Stubbings, who said,

“My mum was failed and the lessons have not been learned. Our current system is failing women and children—violent men must be made visible. Men with violent histories must be checked and joined up.”

I urge the Minister not to simply reject these amendments out of hand. Even if the Government are not yet able to accept new clause 33, which would set up the system and process to manage serial offenders, I urge them to at least accept new clause 32, to urgently review the risk management of these serial abusers and offenders across the country and report back, so that we can keep more women safe.