Immigration Act 2016: Section 67

Tim Loughton Excerpts

Wednesday 19th July 2017 Commons Chamber

[Brandon Lewis]

The right hon. Lady’s final point does not do her, this House or this country justice. We—councils, charity groups and individuals—should be proud of the phenomenal work being done across the country, including the £1 million community sponsorship scheme that the Home Secretary announced last night, to welcome the most vulnerable people. It is right that we look to see who are the most vulnerable—who cannot afford to pay human traffickers, and who need our support in the region—rather than those who are in European countries. We are still bringing people over under the agreements with European countries, but I remind the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) and the hon. Member for Westmorland and Lonsdale that we must work according to the rules and laws in these countries—they are nation states. Our position on what will happen once we leave the European Union has been clear. The fact that we are running the biggest humanitarian project this country has seen highlights the Government’s determination to do the right thing. We will continue to seek to do so and to fulfil our moral duty to those who need our help most.

[Tim Loughton (East Worthing and Shoreham) (Con)]

The protestations of Opposition Members would have more credibility if they acknowledged the huge effort and huge resources that the Government have put in to date. I too have been to Athens to see the camps and the fantastic work being done there, but there is a criticism: it is taking too long to process and assess children who have a right to be here. Will the Minister acknowledge that post-Brexit, when presumably we will come out of the Dublin III scheme, there will be a problem with children under the family reunion scheme? Can we ensure that they will still be matched with relatives beyond their parents, because many of them will have lost their parents but will have siblings, uncles and others with whom they may be safely and appropriately placed?

[Brandon Lewis]

My hon. Friend makes a good point, and I appreciate the time he spent explaining to me what he saw at the camps, which I shall visit next week. He is right: all of us in this country should be proud of the finance and focus we provide, but for every 3,000 people we bring over and help we could be helping 800,000 people in the region. We therefore must be very clear about our focus. As I said, we are clear that post-Brexit we shall want to continue to do the right thing for vulnerable people in the region. I shall be happy to work with him to deliver that.

Oral Answers to Questions

Tim Loughton Excerpts

Monday 3rd July 2017 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

Last year, the inquiry attracted some unhelpful headlines on the back of its internal workings and certain personalities, since when, I am glad to say, it has been getting on with its important work. But we were promised an interim report and greater transparency, particularly after the Home Affairs Committee sittings, so when might we expect those?

[Amber Rudd]

I thank my hon. Friend for his question, and I remember well giving evidence about this very matter when he was the acting Chair of that Committee. Like him, I have confidence in the new inquiry chair, Alexis Jay; she is getting on with the job, and as I said to the hon. Member for Wigan (Lisa Nandy), we are seeing real action and real results from the progress that is being made. I have been told that we will get an interim report during 2018.

Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

Tim Loughton Excerpts

2nd reading: House of Commons
Friday 16th December 2016 Commons Chamber

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I beg to move, That the Bill be now read a Second time.

The UK signed the Council of Europe convention on preventing and combating violence against women and domestic violence back in June 2012 but has yet to ratify it. The Istanbul convention, as it is better known, is a unique, groundbreaking international legal instrument that enshrines in law the basic human right of women and girls to live lives free of violence and the fear of violence. Crucially, it provides a comprehensive set of mechanisms to achieve those aims. The provisions of the convention aim to prevent violence against women, protect the victims and survivors of abuse, prosecute perpetrators and hold them to account for their actions. It commits Governments to provide not only properly resourced support services through a strategic policy framework, but robust monitoring, data collection and public scrutiny.

The convention is a formidable package of measures, which Scottish Women’s Aid has described as

“quite simply the best piece of international policy and practice for eliminating violence against women that exists, setting minimum standards for Government responses to victims and survivors of gender based violence… It is a blueprint for how we move from small change at the margins…to a system that is designed to end domestic abuse and violence against women.”

We badly need a step change in efforts to eliminate violence against women. Two women are killed by their partner or their ex every week in England and Wales alone. According to the crime survey for England and Wales, in the past year 1.2 million women were victims of domestic violence. In Scotland last year, more than 58,000 incidents of domestic violence were reported to the police. Across the UK as a whole, the police recorded more than 87,500 rapes and more than 400,000 sexual assaults. Given that many—possibly most—incidents of sexual assault and rape go unreported, we must not underestimate the scale of the challenge we face.

We live in an environment where gender-based violence is so pervasive and normalised that we hardly even notice how much we put up with. Last week, here in Parliament, we heard harrowing accounts from the hon. Members for Edinburgh West (Michelle Thomson), for Eastleigh (Mims Davies) and for Batley and Spen (Tracy Brabin), who so courageously spoke out about their own dreadful experiences. One in three women experience domestic abuse or sexual violence in their lifetimes—and that figure is recognised as likely to be a conservative estimate.

Even those who avoid personal attack are living in a world saturated with images of glorified sexual violence, with a toxic public discourse in which boasting of sexual assault is reframed as locker room talk, women who are raped or assaulted are frequently shamed or blamed, and lives are blighted, and in some cases irreparably harmed. It affects us all. It restricts where we go, what we wear and what we dare to say out loud. In my view, we need to name violence against women for what it is: the most pervasive and systemic human rights abuse in the world today, affecting women in every street in every village, town and city in every country around the world.

We need to understand that violence against women is grounded in and compounds gender inequality. Those of us who are committed to pushing the issue up the political agenda have our work cut out for us. Although domestic abuse and sexual violence primarily affect women, we should acknowledge that they also affect men, non-binary people and especially children—girls and boys.

We need to understand that violence against women is neither natural nor inevitable. We can prevent it and challenge it. We can hold the perpetrators to account. Those of us who have the privilege of shaping and influencing legislation need to acknowledge our responsibility to put our shoulder to the wheel and make the elimination of gender-based violence a political priority.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I congratulate the hon. Lady on the Bill, which I support. She mentions children. Is she aware that, extraordinarily, something like a third of domestic violence against women starts during pregnancy and that in more than three quarters of cases involving children being safeguarded or taken into care domestic violence is the single biggest element? It is a huge challenge for our society.

[Dr Whiteford]

I am grateful to the hon. Gentleman for that point. Many people are very shocked when they hear those statistics for the first time and hear that so much domestic abuse begins when women are probably at their most vulnerable—during pregnancy, when they are bringing new life into the world and yet do not have the protection they should expect from the fathers, often, of their children. He makes a very important point, and I am grateful to him for supporting the Bill.

I want to take a bit of time to set out why the Istanbul convention is so important, why it offers such a powerful vehicle for tackling gender-based violence and why the UK needs to prioritise its ratification. The treaty has global, national and local dimensions. In a globalising world, it recognises that gender-based violence often crosses state borders. States that ratify the convention commit to promoting and protecting the right of all their citizens to live free from violence in the public and private sphere, to working to end discrimination, to promoting equality between women and men, and to working within a co-ordinated, strategic, accountable and adequately resourced framework of policy and practice.

The convention is broad in scope. It covers aspects of criminal, civil and migration law. It sets out minimum standards for the protection of survivors and for access to services. It requires signatories to work to prevent violence and bring about attitudinal change. It explicitly addresses many of the most common manifestations of violence against women, including physical and psychological abuse, stalking, sexual violence, including rape, forced marriage, female genital mutilation and so-called honour crimes—that is not an exhaustive list. It recognises the differentiated risks women face depending on their circumstances. Although we know that women from all backgrounds—all income groups, ages, ethnicities, cultures, religions and political perspectives—are affected by these types of violence, we also know that poorer women are more exposed to risk. We know that disabled women are more likely to experience abuse than able-bodied women and that refugees and asylum seekers are especially vulnerable. In this respect, we see gender inequality cutting across and compounding other forms of disadvantage, and the convention addresses those and other forms of discrimination in its articles.

Several weeks ago, I had a conversation with Dr Lisa Gormley of the London School of Economics, who is one of the UK’s leading experts on the Istanbul convention. She emphasised that the key bit of the convention is found in articles 7 to 11. That surprised me. At first glance, when we turn to them—well, let me read out some of the headings: “Comprehensive and co-ordinated policies”; “Financial resources”; “Non-governmental organisations and civil society”; “Co-ordinating body”; “Data collection and research”. That is pretty dry stuff—we might say it is quite technocratic—but it is the engine that will drive the machine. Those provisions will turn a good critical analysis of violence against women and a collection of useful case studies of policy initiatives into a strategic and dynamic vehicle for real and ongoing change. They will allow us to learn from others’ experience of what works and force us to think more strategically about how we provide support to women across different levels of government—local, national and international. Crucially, those provisions will improve the protection of funding for women’s refuges and helpline services at a time when austerity cuts to local government budgets and voluntary sector funding are placing such lifeline services in jeopardy.

Oral Answers to Questions

Tim Loughton Excerpts

Monday 5th December 2016 Commons Chamber

[Amber Rudd]

We are constantly looking at our immigration rules to ensure that we have the right balance to support vulnerable children on the continent—most of them coming from Calais—whom we are trying to help, but we have other programmes that enable us to give direct help to vulnerable children who are out in the conflict regions.

[Tim Loughton (East Worthing and Shoreham) (Con)]

As the Home Secretary knows, those of us with coastal constituencies in the south of England are feeling particularly vulnerable to the activities of people traffickers who are bringing illegal immigrants across in private boats. What measures have been taken since the review of small ports and airports that was promised by the previous intelligence Minister?

[Amber Rudd]

I share my hon. Friend’s view that we need to be constantly vigilant in case people traffickers are trying to get ahead of us, and if they fall between the cracks of our security and ply their evil trade. We have launched a number of initiatives, including Operation Kraken, which enables us to work closely with voluntary and private sector groups along the coast to ensure that any incidents are reported.

Independent Inquiry into Child Sexual Abuse

Tim Loughton Excerpts

Monday 17th October 2016 Commons Chamber

[Amber Rudd]

I will endeavour to answer the hon. Lady’s questions as fully as possible. She initially asked about my comments to the Home Affairs Committee on why Dame Lowell Goddard had left, so I want to quote from Dame Lowell’s letter, in which she says:

“It was never easy operating in an environment in which I had no familiar networks and there were times when it seemed a very lonely mission.”

It was with reference to that note that I gave my answer to the Committee.

The hon. Lady had several queries about staffing. The independence of the inquiry can be maintained only by it being absolutely clear that such matters are for the chair. It is not for the Home Office to control staffing; it is for the chair to appoint members of staff, and the chair has the operational independence to do so.

The hon. Lady also inquired about whether I had asked Dame Lowell Goddard to appear before the Home Affairs Committee. I have indeed passed on that specific request.

My Department has followed the correct formal procedure at all times and will continue to do so in order to ensure that there is true accountability regarding transparency, which is so important. The fact that the inquiry is independent is absolutely essential to garnering the support that is needed from the expert panel, which is part of the inquiry, and from victims and survivors.

[Tim Loughton (East Worthing and Shoreham) (Con)]

May I support the Home Secretary in emphasising the importance of this inquiry carrying on its important work? Will she also acknowledge that Alexis Jay and other panel members, as well as her own permanent secretary, will be appearing before the Home Affairs Committee tomorrow? Does the Home Secretary agree that it would be very helpful if Lowell Goddard agreed to appear in person in front of us? Finally, while respecting the independence of such an inquiry, there is a duty for the Home Secretary and the Home Affairs Committee, as a scrutinising body, to make sure that it is fit for purpose and is spending public money wisely. Does she agree that it is not sufficient for a chairman to be entirely self-regulating if things are going wrong, as she appears to be suggesting?

[Amber Rudd]

I thank my hon. Friend for that question. He is right to say that we need to point out that the permanent secretary is appearing before the Home Affairs Committee tomorrow, as is the new chair, Alexis Jay. I am sure she will get the confidence she deserves from the Select Committee and from other parties who have listened to her.

My hon. Friend is right that the operational independence of the chair is also dependent on support from the expert panel, and when my permanent secretary was approached by the secretary of the independent inquiry about concerns on 29 July, he rightly referred the secretary to ask the expert panel to take this up with the chair. The relationship between the chair and the expert panel is central to this, and so in that way the chair would not be able to act independently, because she needs the support of the expert panel.

Oral Answers to Questions

Tim Loughton Excerpts

Monday 13th June 2016 Commons Chamber

[Mrs May]

I suspect that the right hon. Gentleman may very well be the longest-serving Chairman of the Home Affairs Committee. I apologise for not having looked in the record books yet, but perhaps that fact can enter them now.

In comparing the number of Italian vessels with the number of Border Force vessels, the right hon. Gentleman is not comparing like with like. In Border Force, we have given consideration to the suitability of vessels and what vessels are required, which is why there will be some changes. In the strategic defence and security review that was published last November it was announced that we would seek to ensure that all maritime assets could be deployed most effectively in dealing with risks and threats of this kind.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Will the Home Secretary publish the internal review by the National Crime Agency which highlighted the weaknesses in patrols at our small ports and marinas? My constituency contains the closest channel port to London. Will the Home Secretary now, as a matter of urgency, tell the House what she will do to reconfigure the way in which Border Force patrols beaches and inlets, particularly those in the south-east of England, which are now very vulnerable to people traffickers coming here directly from the continent?

[Mrs May]

It is important to bear in mind that dealing with the potential threat of people trying to enter the United Kingdom clandestinely through smaller ports is not just about physical policing of the coastline, but about understanding intelligence, and, in particular, about the work that is being done to counter organised criminal gangs. The National Crime Agency has set up an organised immigration crime taskforce, which is working not just here in the United Kingdom but with its French counterparts and elsewhere on the continent to ensure that we can stop those movements before they reach our shores.

Removal of Foreign National Offenders and EU Prisoners

Tim Loughton Excerpts

Monday 6th June 2016 Commons Chamber

[Mrs May]

I am aware of this case, as my hon. Friend came to see me to raise it. Given the circumstances that he has set out, I can fully understand why he chose to do so, and why he has raised the case again today. He referred to criminal records exchange. The tools are there, but operational decisions will be made by those involved at any point in time. As I have indicated, the police have significantly increased the number of criminal record checks that they make, but whether and at what point they make those checks are decisions for them.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Perhaps uniquely, I shall ask a question that does not involve Europe. Notwithstanding the progress that the Home Secretary has alluded to, does she acknowledge that the report shows that it still takes, on average, 149 days to deport a foreign national offender? Will she also acknowledge that the delay is exacerbated by the appalling record of the contracted transportation company Tascor, which regularly fails to show up to transport prisoners from immigration detention centres to the aeroplane, resulting in further detention and the cost of tickets for missed flights? What will she do about that?

[Mrs May]

I assure my hon. Friend that we look constantly at our contracts with those who provide services to the Government. There can be a complex range of reasons why in some cases it is difficult to deport people, or some last-minute problem with deportation, but if someone who expects to be deported is not deported, we make every effort to do so at the earliest opportunity.

Immigration Bill

Tim Loughton Excerpts

Ping Pong: House of Commons
Monday 9th May 2016 Commons Chamber

[Keir Starmer]

Reunification with their family here under the Dublin arrangements. The Minister has made it clear on a number of occasions that he is seeking to improve the reunification rules under the Dublin arrangements. Some 157 children have been identified as falling into that category. This is the time for action, not words. We also challenge the Government to take 300 children most at risk in Greece and Italy before the start of the next school term. There is an urgency to this situation. The debate two weeks ago was dominated by a real and genuine concern about the missing children—those who are at risk of exploitation, trafficking and various other aspects of mischief. That is the challenge. I ask the Minister to say a little more to the House about the numbers and the timetable.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I also pay tribute to the Government for the immense amount they have done to help displaced Syrian refugees. Will the hon. and learned Gentleman also take on board the huge pressures that are already on children in care in this country? Some 70,000 children in England are in care, and there is a shortage of 10,000 foster carers. It is really vital that we are able to offer safekeeping to those children who are coming here and to do it sustainably and not to the detriment of the other children to whom we already have a responsibility.

[Keir Starmer]

I agree that if children are to come to this country under the proposal put forward in this amendment, it must be done properly with the relevant local authorities receiving full support.

I also supported the amendment that sought to enable movement and help to pass from one local authority to another. Kent, in particular, has provided a lot of support. Although there has been voluntary support from other local authorities, the amendment proposed by the Government during the passage of the Bill put in place a provision to allow that to be more meaningful and effective, and I supported that for the very reasons that have been mentioned in this House.

I want to move on to immigration detention, because there are two substantive issues still before—

Immigration Bill

Tim Loughton Excerpts

Monday 25th April 2016 Commons Chamber

[Tim Loughton (East Worthing and Shoreham) (Con)]

We have heard some passionate speeches about unimaginably difficult conditions, but we talk as if the United Kingdom is the only country capable of doing something about the crisis. We forget that the United Kingdom taxpayer has given more than the rest of the European Union together to help Syrian refugees. Does the hon. Gentleman not think that if these circumstances existed in the United Kingdom, our social services would have taken care of those children? Does he not think that other European countries could be doing a rather better job of looking after those children who happen to be within their borders?

[Stuart C. McDonald]

I do not disagree with very much that the hon. Gentleman, my colleague on the Home Affairs Committee, says. I agree that other European countries must step up to the plate. The Save the Children proposal is based on a calculation of what our fair share as a European Union member would be: it was 11.5% of the total number of unaccompanied children at that time. It fully comprehends that other EU member states have to take their share.

I shall move on now to amendment 60, which gives us the chance to protect yet another vulnerable group, overseas domestic workers. Such workers frequently come from backgrounds of extreme poverty and are dependent on their employer for both accommodation and wages. They are often women with limited formal education. Significant numbers of them suffer from mental illness resulting from past traumas, and many have learned or have been conditioned to distrust authorities.

Again, the Lords amendment is modest. The Government asked for an independent review by James Ewins QC. All we are asking for is that Mr Ewins’s recommendations be fully implemented. The Government have moved part of the way, which is very welcome, including what the Minister said today, which is encouraging, but they still have to move further. Their insistence on going through the national referral mechanism as a condition of leave beyond the initial six months is, in our view, wrong, and although provision of information is right and welcome, it is not sufficient in itself.

As well as providing a legal right to change employer, we can and must make that right one that can realistically be exercised by all who are at risk, as Mr Ewins suggested. The right should be dependent not on going through the slow and possibly quite intimidating gamble of the national referral mechanism, but simply on notifying the Home Office, as was said earlier in the debate. As no one will employ an overseas domestic worker with a few weeks or months left on their visa, Mr Ewins was clear that extensions had to be available to all, whether they were going through the mechanism or not, for up to two years beyond the original visa. That was what he described as

“the minimum required to give effective protection to those overseas domestic workers who are being abused while in the UK”.

That is the least we should deliver.

The SNP also fully supports amendment 84, which moves us closer to an effective 28-day time limit on immigration detention. The reasons we need such a limit have been set out at length in recent debates, including an excellent Backbench Business debate, in which Members from both sides of the House spoke with one voice in support of the conclusions reached by the all-party parliamentary groups on migration and refugees. Compulsory judicial oversight is also welcome. Often those with the most to gain from a legal challenge are the least likely to understand or to be able to access judicial processes, whether because of language, educational or mental health issues.

With due respect, the Government’s amendment in lieu is a non-starter. A single, guaranteed bail hearing every six months is simply not an acceptable level of judicial oversight for SNP Members. It is not a worthwhile time limit in any sense of the word, and it seeks to shift the burden of proof back on to the detainee. For these reasons, the Government’s amendment in lieu is simply not in the ballpark of what we would consider appropriate.

Border Force Budget 2016-17

Tim Loughton Excerpts

1st reading: House of Commons
Wednesday 20th April 2016 Commons Chamber

[Mrs May]

The hon. and learned Lady mixes up border security and checks with immigration. They are two different issues. She commented on the appearance of a senior civil servant before the Home Affairs Committee. When asked whether the director general of Border Force had been told what his budget was for this year, the individual replied:

“We know what funds the Border Force needs in order to deliver the plan for this year and Charles has them.”

On a related immigration issue, the hon. and learned Lady referred to the question she has raised previously, as have other Members, about the speed at which children in Calais who have family members here in the UK are being processed. We recognised that there was an issue, which is why we seconded somebody to the Ministry of the Interior in Paris to work on this and why we are now seeing people being processed in weeks, rather than months, and in some cases in days .

[Tim Loughton (East Worthing and Shoreham) (Con)]

There is nothing worse in this House than manufactured rage at a problem such as this, and I note that the shadow Home Secretary made not a single mention of praise for the excellent job our Border Force staff are doing, which members of the Home Affairs Committee saw in our visit to Calais and Coquelles—it is not through a lack of thoroughness that any drugs or people are getting through. Will she also acknowledge the need to be more flexible, given the increasing number of cases of independent vessels coming across the channel to the Sussex and Kent coasts, in particular? We need to be mindful of that, too.