Rwanda Plan Cost and Asylum System

Debate between Tim Loughton and Robert Buckland

Tuesday 9th January 2024 Commons Chamber

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

It is unfortunate that Back Benchers will have under a third of this already truncated debate on what is a very important subject, but I start by praising the Opposition for starting the new year as consistently as they ended the last one: consistently undermining and attacking the Government’s policies to tackle illegal migration and questioning the cost and cost-effectiveness of such measures, while consistently voting against those measures to tackle illegal migration—no fewer than 86 times—and consistently failing to come up with any serious, practical alternative measures to clamp down on illegal migration themselves. When they do produce flimsy and ill-thought-through measures, as they did before Christmas, they are completely opaque about the cost, or any aspect of any effectiveness at all.

Today, the Opposition have excelled themselves with another Opposition day debate that is light on substance, light on comprehensiveness, completely light on viable alternatives, and light on throwing any light on anything at all that they would do. Time and time again, they have been challenged to come up with their own plans, and have failed. As you know, Mr Deputy Speaker, I have been pretty consistent myself—both on and off the Home Affairs Select Committee—in challenging Ministers and officials on the workings and, often, shortcomings of migration policies for more clarity and evidence. That includes the withdrawals figures, on which we challenged the permanent secretary just before Christmas. That is the only part of the motion with which I agree; clearly, the Opposition got the idea from the Home Affairs Committee, and have just cut and pasted it into the motion today.

Having visited Tirana, Paris, Brussels, Calais, Belgian beaches, asylum seeker accommodation, detention centres, Border Force operations and so on with the Home Affairs Committee, I know that illegal migration is a complex and challenging issue that the PM has quite rightly identified as a priority for the British people. However, the Rwanda scheme is just one element of that bigger solution. No one is claiming that the scheme is ideal—as the Supreme Court has judged, it has flaws in its design to overcome, which the Government are now addressing—but essentially, it is there to deal with one major problem, and an unfairness that undermines the generosity of the British public in rightly providing and funding a safe haven for asylum seekers who are genuinely fleeing conflict, persecution and danger.

There is a question here, and until you can answer it, you lack credibility when attacking the Government’s attempts to do so. It is the question I raised earlier with the shadow Home Secretary, to which she did not have an answer: “What do you do with migrants from certain countries who have entered the UK illegally, who do not have credible claims to remain in the UK, yet where it is virtually impossible to return those people to their country of origin?”

[Sir Robert Buckland (South Swindon) (Con)]

On that point, my hon. Friend will know, as I do from my experience with foreign national offenders, how difficult it is for countries of origin to accept people back. Very often, they just will not acknowledge their existence, because it is not in their interests to take back people who they may think are a detriment to them. He mentioned Eritrea and Vietnam, and there are a lot of other countries. This is difficult stuff, and he is right to press the loyal Opposition to come up with something more than the soundbites we have heard.

[Tim Loughton]

I completely agree with my right hon. and learned Friend, because once those people make it into British territorial waters, they are in effect guaranteed to be living in the UK at the UK taxpayers’ expense for the foreseeable future, and that is what the Rwanda scheme aims to address. It is a deterrent to stop people making that dangerous journey in the first place, and it will become a lottery whether they end up in a hotel in Kent or on a plane to Rwanda. As I have said time and again, when the Home Affairs Committee went to Calais in January, we were told by all the officials dealing with the schemes over there, that when the Government initially announced the Rwanda scheme, there was a surge of people at Calais seeking to regularise their migration status in France, because they did not want to risk being put on a plane to Rwanda, so we know that it has a deterrent effect.

Illegal Migration Bill

Debate between Tim Loughton and Robert Buckland

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Sir Robert Buckland (South Swindon) (Con)]

I am grateful to my hon. Friend for giving way. In his point about the interaction with the Children Act and Home Office responsibility, this is where we get to the nub of the problem. The characterisation of this debate has become extremely unfortunate, especially when we talk about issues such as detention, which I am sure that, in practice, the Government do not mean. This is really an issue of safeguarding first and foremost and of identifying genuine cases that require all the safeguarding measures that are underpinned by the Children Act. Does he agree that it is a shame, to say the least, that we are not focusing on children in that context, rather than in the context of detention, internment or whatever we want to call it? That language is not helpful.

[Tim Loughton]

I shall come on to detention in a minute, but I entirely agree with the principle of the point that my right hon. Friend is making, which is that, whatever we think about our immigration and asylum system, a child should be treated no differently, however he or she arrived in this country, than one who was born here and is in the care of parents or whatever. There are times in the Bill where it is unclear that that is the case.

All these terms need to be subject to the child welfare prioritisation in the Children Act 1989 and also have regard to the 1989 UN convention on the rights of the child of 1989. Under article 3.1, it says that

“the best interests of the child shall be a primary consideration”.

That has been upheld in UK legislation, not least in the Borders, Citizenship and Immigration Act 2009.

In giving the Home Secretary the power to remove unaccompanied children when they reach the age of 18—and potentially before—the Bill could see a child arriving alone in the UK aged 10, for example, having fled war and persecution, and be allowed to integrate into UK society, develop friendships and attend school only to be forcibly removed from the UK as soon as they turn 18. There are concerns that a child approaching 18, a 17 and three quarters-year-old, could be encouraged to go under the radar and go underground for fear of that knock on the door when they reach 18. We need to treat that sensitively, because otherwise we are creating a greater problem and putting some of those children at greater risk than they might have been. A decade ago, the majority of unaccompanied children were granted temporary leave to remain, rather than refugee status, until they turned 18, and we know that the fear of removal forced many of those children to go underground and go missing, at extreme risk of exploitation.

My amendment 139 inserts a fifth condition in the Bill that must be met on the duty of the Home Secretary to remove someone from the United Kingdom. Amendment 140 details that the additional fifth consideration is that the person to be removed is either over 18 or a minor in the care of an adult, typically a family member. That would have the effect of ensuring that the Bill does not capture unaccompanied children. Amendments 141 and 142 are consequential amendments, due to the rewording of clauses 3 and 7. Amendment 141 removes subsections 3(1) to 3(4), and the anomalies in subsections (1) and (2) that still give the Home Secretary unrestricted powers.

Now, Ministers—[Interruption.] I am not sure if those on the Front Bench want to listen to this, Sir Roger; it is a little difficult to try to make a speech with people having conversations right in front of me. Ministers claim that there are exceptional circumstances only in which children would be removed from the United Kingdom, and have given examples of those exceptional circumstances, such as to reunite a child with family overseas. Okay—but a child who is to be reunited with family overseas can leave the UK of his or her own accord, or subject to the ruling of a judge, in the same way as we would release a child from care into adoption, for example. I do not see that as a necessary exceptional circumstance.

If the Government are really convinced that there are exceptional circumstances where that needs to be done, there should be more detail on the Bill, or at least explanation in the explanatory notes, because there is none. As things stand, the Home Secretary has the power to remove any child, at her whim, for reasons not specified in this Bill. That is a concern. If the Government have good reason for that, we deserve an explanation of those reasons, and it is for this House to judge on how credible and necessary those reasons are.

Under the amendments, children who arrive in the UK on their own and seek asylum would continue to have their asylum claims heard here, rather than being left in limbo until they reached 18 when, under the Bill, they would face detention and then removal. The amendments do not mean that every child who arrives here on their own will go on to get permission to stay. Instead, they mean that the Home Office must process their claims and, crucially, treat them as children rather than punishing them.

Amendments 143 to 145 deal with the issue of detentions and, along with the amendments I have already described, maintain the safeguards that were put in place under Conservative-led Governments to protect children from the harms of immigration detention. In 2009, more than 1,000 children were detained in immigration removal centres but, following changes made by the then Home Secretary, my right hon. Friend the Member for Maidenhead, over the next decade the average was 132 children per year.

What was more, those children could not be detained for longer than 24 hours if they were unaccompanied, or 72 hours if they were with their family members, extendable to a week if a Minister agreed it was necessary. We then legislated for those limits in the Immigration Act 2014, under a Conservative-led Government. Amendments 143 and 145 ensure that those safeguards continue to apply.

I am not asking for a change in the law; I am just asking that the safeguards that were deemed to be sensible and necessary back in 2014 still apply to the same sort of vulnerable children. They would prevent unaccompanied children from being locked up for more than 24 hours. Amendment 145 would ensure that children who were with their family members could still only be detained for a week at the very most and, when they were, that it would be in specific pre-departure accommodation, rather than anywhere the Home Secretary might wish, as the Bill envisages.

Under clause 11, the Home Secretary has wide powers to detain anyone covered by the four conditions in clause 2, which, without my earlier amendment, still includes unaccompanied children. There is no time limit for how long a child can be detained. That amounts effectively to indefinite detention of children of any age anywhere that the Home Secretary considers it appropriate. Under clause 12, the Home Secretary will have a significantly expanded power to decide what a reasonable length of detention is. It is all subject to the definition of what is reasonably necessary and severely restricts court scrutiny of whether that is reasonable or not. Surely that cannot be right for children. I am not seeking to challenge the increased restrictions on adults, but surely we are not going to throw all that out of the window—particularly after all the controversy on how we age-appropriately detain children who are already in this country—by adultifying migrant children, and some very vulnerable children at that.

There is also a practical consideration. If everyone who crossed the channel last year had been detained for 28 days, on 4 September 2022, no fewer than 9,161 people, including children, would have been detained. That amounts to four times the current detention capacity available in the United Kingdom. Where do the Government intend physically to place them—especially minors who need to be in age-appropriate accommodation?

I am also concerned about how the four Hardial Singh principles from 1983 apply to this part of the Bill. Those principles are that a person may be detained only for a period that is reasonable in all the circumstances, and that, if it becomes apparent that the Home Secretary will not be able to effect removal or deportation within a reasonable period, she should not seek to exercise the power of detention. The Government have to make up their mind about the grounds on which they think they need to detain children. Again, I understand the sensitivities—people claiming to be children may later turn out not to be and may abscond—but the Government need to have a clear idea about what they will do in a short space of time to justify detention when those people arrive. We do not have that level of detail or clarity in the Bill, so it is entirely incumbent on the Minister to give assurances to the Committee that children will not be disadvantaged in that way.

Amendment 143 would remove the provision enabling a person “of any age” to be

“detained in any place that the Secretary of State considers appropriate”,

and would reapply the existing statutory time and location restrictions on the detention of unaccompanied children. That was good enough in 2014; I do not think that the way we should regard and treat vulnerable children has changed so that we need to change the law through the Bill.

Amendment 145 would remove the provisions that disapply the existing statutory time and location restrictions on the detention of children and their families. I do not think that unreasonable, but if the Government want to take issue with me, it is incumbent on them to say why they want to make the changes. I have gone along with most of the rest of the Bill. I have given the Government the benefit of the doubt on what they are going to do, on the detail that they will provide, and on the timing of safe and legal routes, but we need serious assurances by Report, and, I hope, some good signage from the Minister when he gets to his feet shortly, on why law on protections that children have been entitled to—safeguards that we have been proud to give them—needs to be changed in the way that the Government are proposing.

We all want to do the right thing by vulnerable children. Most of us would like to see safe and legal routes that, as I said yesterday, involve something equivalent to a Dubs II scheme, whereby genuinely unaccompanied minors in places of danger are brought to and given safe haven in the United Kingdom. I want to continue in that tradition. I want to ensure that we are offering safe passage and safe haven to genuinely vulnerable children. I do not want them to be penalised by the wording of the Bill in the way that they could be. I am happy to take assurances, but if I do not get them by Report, I do not think that I will be alone in wanting to press various amendments to force those assurances into the Bill.

Illegal Migration Bill

Debate between Tim Loughton and Robert Buckland

Committee stage
Monday 27th March 2023 Commons Chamber

[Tim Loughton]

We are not going to eradicate people coming in boats across the channel totally, unless the French agree to intercept and return them. However, we can limit it to those people who do not stand a credible chance of claiming asylum in the United Kingdom. One problem in the courts at the moment, with the many failed asylum claims that then go through the appeals process, is that there was no other way of getting here, other than on a boat. If the safe and legal route amendment, and everything that goes with it, goes through, that will not be an excuse because anybody could apply through a safe and legal route and, if they are turned down and then turn to a boat, that is not a defence.

[Sir Robert Buckland (South Swindon) (Con)]

Will my hon. Friend indulge me?

[Tim Loughton]

I will be very indulgent, but I know many other people want to speak.

[Sir Robert Buckland]

I am very grateful. My hon. Friend makes the most important point in this debate. Judges and tribunal chairs are looking for factual reasons on which to refuse applications. I cannot think of a better one than the availability of, in a controlled way, more safe and legal routes. At the moment, without further action, and without concurrent action from the Government in passing this Bill and creating safe and legal routes, we are opening ourselves up to the risk of more people making those claims and of not being able to control the situation in the way we all want.

[Tim Loughton]

I am grateful for that intervention from my right hon. and learned Friend, with his huge legal expertise and experience from his former roles. That is the point. We need to isolate the bogus asylum seekers who are paying people smugglers. We do that by making it clear that we are open to genuine cases of people fleeing danger, and there is a legitimate, practical, and usable route for them. If people do not qualify for that, they should not try to get in a boat because they stand no chance of having their claims upheld if they make it across. I am just trying to achieve a balance. If Members want the Bill to go through, we need to have safe and legal routes in it to make it properly balanced. If you do not like the Bill but you want safe and legal routes, you need to support the Bill to get those safe and legal routes. This is mutually beneficial to those on either side of the argument on the Bill.

New clause 19 outlines how a refugee family reunion scheme would work. It includes a wide definition of close family members, including people who are adopted. Again, this is nothing new but it is a generous scheme that would do what it says on the tin.

Amendment 74 is an important consideration. The Government have said that they want the Bill to go through to be able to clamp down on the small boats. I have no problem with that. There are some things in here that are not quite as moderate as I would like, but I think it is necessary for the Bill to go through so I am trying to improve it. However, the Government have said that they will consult on safe and legal routes—we need to consult on safe and legal routes because local authorities, and others, will bear the brunt of how we accommodate many of these candidates—and then come up with some safe and legal routes. That is not good enough. The two sides of the Bill must be contemporaneous. We must not to be able to bring in these tough measures until those safe and legal routes are operational so people can have the option to go down the safe and legal route, rather than rely on people smugglers.

The Government will say, “We need to consult.” Well, start that now because we need to consult with local authorities about how we get more people out of hotels now and into sustainable accommodation for the long term. The Government should be getting on with the consulting now, so that when the Bill eventually goes through—I suspect it may take a while to get through the other place—those safe and legal routes are up and running and ready to go. So amendment 74 is important.

Amendment 75 would add safe and legal routes as one of the purposes of the Bill in clause 1. Clause 1 is all about clamping down on illegal migration—quite right—but it should also be about the balance of providing those safe and legal routes. I want to put that in clause 1, at the start of the Bill. Amendments 72 and 73 are contingent on all of the above.

That is all I am trying to do. Lots of people are trying to misrepresent and cause mischief about the Bill, and in some cases on safe and legal routes. I will end on my own experience when I appeared on the BBC “Politics South East” two weeks ago. I was talking about safe and legal routes and I was challenged, “Why are you supporting this Bill when you were so keen on safe and legal routes and challenged the Home Secretary?” I said, “Because this Bill contains provisions for safe and legal routes.” It does. It talks about “safe and legal routes”, capping numbers and everything else. The following week on the same programme, with no recourse to me, the presenter read out an email from the Home Office, having got in contact with it, unbeknownst to me, to ask about my claim on safe and legal routes. The Home Office apparently replied:

“Nothing in the Bill commits the Government to opening new safe and legal routes or increasing the numbers.”

That was news to me, news to Home Office Ministers—[Laughter.] Hold on, the hon. Member for Aberavon (Stephen Kinnock) may not be laughing in a minute. I was accused of being misleading. When I challenged that, it turned out that the Home Office communiqué actually said that the routes to be included as part of the approach set out for the new Bill would be set out in the regulations, which would depend on a number of factors, including the safe and legal routes that the Government offered at the time the regulations were prepared and, that, as the Prime Minister said, we would “get a grip” on illegal migration and then bring in more safe and legal routes. So actually that is provided for in the Bill.

The BBC completely misrepresented my comments and, I am glad to say, yesterday issued an apology and gave me a right of reply. Let us stick to the facts. Let us not get hung up on all the prejudice about this. We have a problem in this country, which is that last year just under 46,000 people came across in the most inappropriate and dangerous manner. We do not have the capacity to deal with people in those numbers, many of whom have unsustainable claims, and we have to get to grips with it. The Bill is a genuine attempt to get to grips with that issue. It would be much more palatable and workable if it contained a balance that has safe and legal routes written into it that come in at the same stage. I would challenge the Opposition to say that they have a better scheme for how we deal with this dreadful problem. Simply voting against all the measures in the Bill is not going to help anyone.

Mental Health Act 1983: Detention of People with Autism and other Lifelong Conditions

Debate between Tim Loughton and Robert Buckland

Thursday 20th January 2022 Commons Chamber

[Sir Robert Buckland]

My hon. Friend is absolutely right about the waste of resources that I am afraid underlies much of this. I shall come to some of the figures, which are pretty shocking. He is right to highlight the levy that is being introduced in April. It is imperative that the £12 billion that we are told is being earmarked as part of the £36 billion to be raised from the levy is actually used on social care.

The worry we all have is that the money will be eaten up by spending on the health backlog, and that there will be no audit trail at all to make it possible to ensure that it is, in effect, ring-fenced and used in social care. I put that big challenge to Ministers. The Health Secretary knows my strong view; I was writing about it in the national media on Sunday. We have to really laser in on these issues.

The horror of Winterbourne View is still seared into my mind 11 years on, together with other instances of abuse. But in general, we are not in this position because of malice or hostility towards people with autism or a learning disability; we are here because of indifference, frankly. It is all too easy to make the assumption that because the person has been detained for their own safety, the letter of the law has been followed and the clinicians have given their opinion, that will just have to do. That really is not good enough in this day and age.

Recent news coverage of the cases of Tony Hickmott and Patient A has brought these issues into stark relief. I will briefly mention Mr Hickmott’s case, which was highlighted by the media just before Christmas. Ongoing legal proceedings mean that I must limit my remarks, but I read reports that this gentleman has been detained for more than 20 years under this system—nearly half his entire life. That is deeply distressing for his family and should be of grave concern to the rest of us.

Patient A’s case was reported in The Sunday Times just after new year, the result of some excellent investigative journalism. He has been confined for over four years so far in a secure apartment at the Priory Hospital Cheadle Royal. That apartment—I use the word advisedly—is the size of a large living room. He is monitored by CCTV. His food and medication are passed through a hatch. He is now 24 years of age. The story of his life leading up to this incarceration is heartbreaking in itself but also emblematic of failure. The interventions made exacerbated his existing anxiety, creating a descending spiral of deterioration in his health that has resulted in over-medication, more restrictions and even poorer mental and physical health. We are spending money on harming people rather than saving them.

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

It is so good to have my right hon. and learned Friend on the Back Benches in some respects; he is such a champion of this cause and is making a very important contribution. Does he agree that it is a completely false economy not to be thinking smarter, and lazy not to be able to let people out of NHS facilities where there may be better community facilities and better working with the families? It would, of course, mean a much better life for the person involved as well. The chemical cosh that he just referred to and the use of restraint, which in some places is disproportionate, is a sign of failure, and that the person is not being looked after appropriately. That is what needs to change.

I should have declared my entry in the Register of Members’ Financial Interests at the beginning of this intervention.

[Sir Robert Buckland]

My hon. Friend, who has long experience of this matter, having served with distinction as Children’s Minister and as a long-standing campaigner on these issues, makes a hugely important point about the chemical cosh that is medication. I think he and I agree that we are not here to single out or criticise many dedicated care staff and NHS workers who do their very best to care for and support in-patients. They deserve our thanks; they are doing the day-to-day work. I am talking about the system that allows this to happen—that allows, in effect, a standing reproach to us all. This is 2022, not 1922.

There are two strands to the approach that we need. First, as the hon. Member for Strangford (Jim Shannon) said, earlier and better interventions are needed to prevent cases spiralling into crisis in the first place. Secondly, better community-based alternatives to the continued detention of in-patients are needed. It is my firm belief that with the better commissioning of community support, the need for recourse to detention would inevitably fall. That would create a virtuous—rather than vicious—circle, which would benefit all.

There is not only a social, health or moral price being paid for this failure, but a financial one. In 2015 the National Audit Office estimated that, in the year 2012-13, the NHS spent £557 million on in-patient services for people with learning disabilities whose behaviour could be challenging. More than half a billion pounds was spent on services that harm people, and that figure is from nearly 10 years ago. The cost now will be considerably more. That speaks volumes about the failure of the present system.

Although the Mental Health Act was reformed in 1983, it is, in essence, a replication of a regime that was created under the Mental Health Act 1959. That is a 60-year-old framework; to say that it is out of date understates the argument.

Oral Answers to Questions

Debate between Tim Loughton and Robert Buckland

Tuesday 8th December 2020 Commons Chamber

[Robert Buckland]

The hon. Gentleman will be glad to know that both the Law Society and the Bar Council agree that this year’s settlement was encouraging. Of course, it is not the end of the story, and I have talked about us beginning to turn a corner. The good news in the magistrates courts is that receipts are now behind disposals, so we are dealing with the overall number of cases in the magistrates system. In the Crown court, we continue to scale up the number of trials being heard. In fact, in the past week or so, I have been looking at figures of effective trials, crack trials and trials that have been dealt with by way of a guilty plea: the numbers are now in the high 300s. We need to get that up, and I am confident that we can do that in the new year to return us to the pre-covid levels, and then work even harder.

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

Earlier this year, another child was tragically stillborn after a failed forceps birth at an Essex hospital. There were calls for a coroner’s investigation until it was pointed out that coroners have no power. But of course they do under clause 4 of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, which was passed 19 months ago. When will those regulations be laid so that coroners have the power to investigate those tragic stillbirths?

Oral Answers to Questions

Debate between Tim Loughton and Robert Buckland

Tuesday 9th June 2020 Commons Chamber

[Robert Buckland]

The hon. Gentleman makes an important point, but what he has to remember is that the extra courts need to be compatible with social distancing. What we are looking for is space and room so that people can stay safe, which is why in Wales we have been looking particularly at civic buildings near the established court centres in Cardiff, Swansea and, I think, Mold and Caernarfon Crown court, which I know well. I am confident from my close consultation with partners in Wales that work is being done that will allow that capacity to increase and allow justice to be served more swiftly in Wales.

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

It is now more than a year since my Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 passed. Before that, my right hon. and learned Friend’s colleagues did a lot of work on section 4, which would amend the Coroners and Justice Act 2009 to empower coroners to investigate stillbirths. That has still not happened—when is it going to happen?

[Robert Buckland]

I am extremely grateful to my hon. Friend for his work on this matter and I am happy to continue to meet him on it. I had hoped to publish our report on the consultation about now, but covid, I am afraid, has affected things. My aim is to publish later this summer in accordance with his wishes, but I will of course engage with him on the matter.

Oral Answers to Questions

Debate between Tim Loughton and Robert Buckland

Tuesday 25th February 2020 Commons Chamber

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

1. What progress he has made on bringing into force the terms of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 to extend the power to coroners to investigate stillbirths.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

May I welcome my new ministerial colleagues, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer) and my hon. Friend the Member for Cheltenham (Alex Chalk), to their places?

I recently consulted on proposals for introducing coronial investigations of stillbirths, along with a colleague in the Department of Health and Social Care, and we will publish our consultation response in the early summer. I will of course be pleased to meet my hon. Friend about this issue.

[Tim Loughton]

It is good to see my right hon. and learned Friend in his place and I know he is sympathetic to this, but the Civil Partnerships, Marriages and Deaths (Registration etc) Act became law in May last year and the consultation on the terms of how the Coroners and Justice Act 2009 could be changed finished last summer, as he said. The former Justice Minister, my hon. Friend the Member for Charnwood (Edward Argar), did a lot of preparatory work on this, and since then there have been further cases of clusters of stillbirths. What is the hold-up?

[Robert Buckland]

I am very grateful to my hon. Friend and share his strong commitment to this issue. Many Members in this House have been touched directly or indirectly by the tragedy of stillbirth. It is important to note that we are ahead of target in halving stillbirths by 2025. I fully accept, however, that bereaved parents need answers now. We will be publishing the consultation response as soon as possible. I want to move this on as quickly as possible. I give him that assurance.

European Union (Withdrawal) Bill

Debate between Tim Loughton and Robert Buckland

Wednesday 13th June 2018 Commons Chamber

[The Solicitor General]

Please forgive me, but I need to press on.

The Government recognise and share the strength of feeling in this House and beyond on the important matters of asylum and refugees, not least in relation to unaccompanied asylum-seeking children. I should be clear that what we are discussing here is the situation concerning asylum seekers—that is, people who have made an application for international protection and have not yet had their claim decided. That is entirely distinct from the equally important issue of refugees: people who have had their claims considered and been found to be in need of protection.

We as a country can be proud of the role that we have played in supporting children affected by the migration crisis. Since the start of 2010, we have granted more than 51,000 children resettlement, refugee status or alternative forms of protection. Our resettlement schemes have provided protection to more than 6,500 children. These are among the most vulnerable refugees, who the Government, with the UNHCR, have brought directly to the UK from conflict regions, together with their family members, so that they do not have to make appalling, perilous journeys to Europe, often in the hands of traffickers or smugglers.

[Tim Loughton]

I am pleased that the Government have decided to back the amendment tabled by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), which mirrors the amendment that I tabled on Report to extend the provisions on family members in accordance with the Dublin III regulations. Does the Solicitor General also realise that there is a further amendment here that the Government have not yet backed? It would ensure that children seeking asylum could be reunited with their brothers or sisters who might be under the age of 18, who might be their only surviving family members and who might be in good, stable, loving foster care in this country? Under the current terms, those children would not qualify. Surely it must be the intention of the Government to extend this?

[The Solicitor General]

I will deal with that important point in a moment if I may, because I want to do justice to the amendment tabled by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper).

In addition to providing protection through those schemes, we have taken a leading role in international efforts to address the root causes of the global crisis with our £2.46 billion of humanitarian aid in response to the Syrian conflict. We have also pledged £30 million to the Education Cannot Wait fund, to deliver better education to more than 4.5 million children in crisis regions. Leaving the EU will not change our international obligations under the UN convention on refugees and the European convention on human rights. We are absolutely clear that our co-operation with our EU partners on the important issue of asylum will be critical in order to ensure that those in need of international protection are able to access it effectively.

Before I address the substance of the amendment, I must remind hon. Members that we are dealing with the arrangements for negotiating a reciprocal agreement, so nothing in the Bill will directly confer leave to enter or remain in the UK. It is the basis on which we will enter negotiations with the EU, and nothing can be achieved unless and until we reach an agreement. It is the terms of the agreement itself, and if necessary its implementing legislation here, that will dictate who shall enter the UK and on what terms.

I want to place it clearly on record that this Government will seek a new reciprocal agreement with the EU to allow unaccompanied asylum-seeking children present in an EU member state to join close family members here in the UK, and vice versa, where it is in their best interests to do so. Any such agreement will be to allow an unaccompanied asylum-seeking child to reside with family members while their claim is being considered. That will not automatically confer long-term status here, or mean that that person will be granted refugee status. As with all claims, the UK will examine those claims in line with our international obligations and domestic rules and legislation—the due process that is such an important element of this.

Turning to Lords amendment 24, I know that Lord Dubs tabled this amendment with the very best of intentions, and I share the tributes that have been paid to him. However, we wish to ensure that the clause is phrased in such a way as to best enable the Government to deliver the intended outcome. We have a number of issues with the current drafting of the amendment, which is why we have proposed alternative wording.

Oral Answers to Questions

Debate between Tim Loughton and Robert Buckland

Thursday 16th March 2017 Commons Chamber

[The Solicitor General]

My hon. Friend knows that the SFO operates a model of funding that means it can be quite flexible as regards particular investigations. The important point is that we get the right people with the right specific expertise in particular types of serious fraud. Flexibility is the most important principle.

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

Everybody knows that there is a lot of hot money in the London high-end residential market, especially coming from Russia, and there are extensive reporting regulations on financial advisers and agents, so why have there been so few prosecutions for money laundering in this area?

[The Solicitor General]

I share my hon. Friend’s concern about this. He will be glad to know that the provisions in the Criminal Finances Bill, which I hope will become law very soon, will enhance the powers of prosecutors and investigators in going after ill-gotten gains with new measures such as unexplained wealth orders, which will help us to deal with the perpetrators of this type of fraud.

Oral Answers to Questions

Debate between Tim Loughton and Robert Buckland

Tuesday 6th January 2015 Commons Chamber

[The Solicitor-General (Mr Robert Buckland)]

New guidance on handling cases of domestic abuse was announced by the Director of Public Prosecutions on 29 December last year, and that will help the CPS to deal effectively with a projected 20,000 more cases this year than two years ago. The updated guidance sets out the handling of all aspects of domestic abuse offending, including the many ways that abusers can control, coerce and psychologically abuse their victims. The new proposed offence of coercive and controlling behaviour announced by the Home Secretary will be introduced in the Serious Crime Bill.

[Tim Loughton]

I congratulate the Solicitor-General on the progress made so far, but a recent study showed that families experiencing domestic violence are 23 times more likely to abuse their children under the age of five. Does he acknowledge that children, who are more often than not the victims, often inherit those domestic violence traits themselves, and what is he doing to protect children from domestic violence abusers as early as possible?

[The Solicitor-General]

I pay tribute to my hon. Friend’s continuing work in this field, both when he was a Minister and as a Member of Parliament. The CPS guidelines are clear that the presence of children must be treated as an aggravating factor when deciding whether or not to prosecute. Often, criminal justice procedures are difficult for children and young people, who feel that they have to take sides, and special measures are available if they have to give evidence. I will do everything I can to ensure that children are protected within the criminal justice system.

Adult Autism Strategy

Debate between Tim Loughton and Robert Buckland

Wednesday 5th March 2014 Westminster Hall

[Mr Robert Buckland (South Swindon) (Con)]

It is a pleasure to serve under your chairmanship, Ms Clark. Indeed, it is a pleasure to follow the hon. Member for Strangford (Jim Shannon), who made some powerful points on cross-departmental working. I am glad to see the Minister is here with the lead civil servant on autism from the Department of Health, with whom I have had many conversations about cross-departmental working.

I have a quick example of cross-departmental working in relation to the transition period. We have all had casework in recent years involving 17 or 18-year-olds who are moving away from secondary education into further education and who find that their transition period is, frankly, stymied by lack of clarity on the funding of their FE places. I have had a number of such cases. Last year was particularly problematic in certain instances. That was through no-one’s ill will, but it was a result of the lack of genuine communication and cross-working between those responsible for the funding of further education and the other services that work with young people with autism. They are young adults coming into the adult world, and their first experience is negative. That is not a good sign of what is to come, not only for those young people but for their families and carers. There is a fear that I call the 4 o’clock in the morning syndrome, which is when a parent wakes up and thinks, “My child is young now, but what will happen when they grow up?” We keep having to ask ourselves that question. It is the exam question that I set for the Minister in today’s debate and at every opportunity we have to discuss the strategy for adults with autism.

I pay tribute to my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) for her sterling work to help to bring the Autism Act to the statute book, which was before I came to this place. The Act means that the autism strategy, which is now being revised, is the core document for local authorities and all providers and commissioners of services across England in working with and providing a proper strategy and service for adults with autism.

I have the pleasure and honour of chairing the all-party group on autism, and I enjoy working with Members from both sides of the House. The all-party group has had significant success in the years since it was founded in 2000 not only in campaigning but in achieving real change for children and adults with autism and their families. As my right hon. Friend said, the Act has, in certain areas of the country, delivered that real change. I am delighted that in my constituency in Swindon we now have not only an autism partnership board, the meetings of which I have attended, but an efficient adult diagnostic service. Our social enterprise, SEQOL, was commissioned to provide that diagnostic service, which is one of the best in the country. We are now able to identify adults in their 50s, who are getting a diagnosis for the first time. That is important for them and is an acknowledgement not only of the questions and issues that they have been raising over the years but that, for far too long, far too many people have lived without any support or diagnosis. Diagnosis, of course, is only the first stage. What comes next is as much a challenge, and it is a question that we need to answer.

[Tim Loughton]

My hon. Friend is a much greater expert than I am on autism. I was one of the founding officers of the all-party group on autism back in 2000, and it has done important work in this area, among the most important of which was our work with schools and local authorities to encourage early diagnosis, joined-up work and greater consistency in how we detect autism in the first place. If we can do that and tailor the school experience to the special needs of people with autism, we will not end up with people not being detected until as late as their 40s or 50s, which means that they miss out on a whole lifetime of support.

[Mr Buckland]

I entirely agree with my hon. Friend. I am grateful to him not only for his work on the all-party group but for his work as shadow children’s Minister and as children’s Minister in this Government. He played his part in ensuring that early diagnosis is a step closer to reality. The Children and Families Bill, which is shortly to be enacted, now incorporates education, health and care into one plan for young people who previously received statements of special educational needs. I am talking about children, but what my hon. Friend says is relevant. If we fail to take those early steps, the problems that manifest in later life become not only more difficult for the adults and their families but more expensive for the state. One example is that adults with Asperger’s are seven times more likely to come into contact with the criminal justice system than those without the condition. Why? Because Asperger’s is still a relatively unknown condition. It is not understood by many agencies that deal with it, and misunderstanding leads to sad results.

--- Later in debate ---

[Mr Buckland]

In a word, yes. GPs would welcome it and it would, at a stroke, deal with a whole range of unidentified problems. With greater awareness among general practitioners, referrals can take place. Where there are existing diagnostic services, as there are in Swindon, they can be used and, as I have mentioned, SEQOL and other organisations in other areas can get to work, using the pathways and identifying the condition.

What is next? What else is needed? I am a great believer in advocacy services, and I can see their power in some excellent local examples. The Swindon Advocacy Movement has recently had more funding to extend its remit to help people with autism and Asperger’s. It is a wonderful organisation, with a one-stop shop in the centre of Swindon that gives support to adults with learning disabilities. Its motto is that it is not there permanently to do things for people, but to empower people to help themselves. With that little bit of help, support and advocacy, lives can be changed for the better, and I see that happening through its wonderful work.

We also have Discovering Autism Spectrum Happiness, a voluntary organisation set up by a group of like-minded individuals some years ago in Swindon. It is now working from the Pinetrees community centre, offering the Swindon autism information and advice service, which is an invaluable resource. It only started last year, and it has already reached out to more than 150 individuals with autism and their families. By its estimate, there might be a couple of thousand of people in the community who have not yet been identified. Through its support work and its network, it is giving advice and empowering people with autism. I had the pleasure of visiting it only two weeks ago to talk about some of the cases that it is finding and some of the cases that are coming across my desk. There is a lot going on in local communities, but there is much more that we can do on an overall strategy to identify best practice, to knit that together in a co-ordinated and coherent way and to give other commissioning bodies and other authorities a gold standard from which they can work.

The Minister knows that I am not into lowest common denominators or prescriptive measures when it comes to this sort of thing, because I believe in localism. There has to be, however, some standard to which all commissioning bodies should work. Like adults who are neurotypical, adults with autism should not be frightened or worried to move about. If they can move to another part of the country to secure employment, they should reasonably expect that autism services in their new town or city will be of a similar standard to where they have come from. When they have a family support network, the tendency is for people with autism to stay close to home, and in many cases that is not a bad thing at all. Bearing in mind the Winterbourne View example, bringing people with a disability closer to home and to their network is a good thing, but there will be many high-functioning people with autism who want to travel, want to move about and want to take that job at the other end of the country. Why can they not do that? At the moment, there is a fear that the support network that they might enjoy in Swindon would not exist in another part of the country. That is the function that the strategy could fulfil; it is an empowerment strategy, not some prescriptive “We know what is best for you, so we will tell you what to do” strategy.

On community autism awareness, I have talked somewhat about advocacy services and information, but I want to talk about the sense of isolation that many with autism and their families feel. In a survey conducted by the National Autistic Society, 82% of adults with autism said that they have days and 42% said that they have weeks when they do not talk to anybody outside their household. Just think about that for a moment. Some 72% said that they have been bullied or discriminated against. A survey by Ambitious about Autism found that 87% of parents and carers of people with autism felt unsupported by the community. Those are stark statistics, but some of the solutions are simple. Small adjustments are all that is needed to change things. In the supermarket, staff are often not trained to know how best to deal with individuals who have autism. In the hairdressers, a few sensory adjustments would allow someone with hypersensitivity to access those facilities. The cinema at Greenbridge in Swindon regularly hosts autism-friendly screenings for children and young people, which make all the difference in the world. Parents at those screenings do not need have to have eyes in the back of their heads or worry about whether their child will be seen as naughty or misbehaving. They can relax, secure in the knowledge that everybody around them is accompanying someone with autism. Such adjustments make a huge difference in the lives of not only the individuals who have autism but their carers and families.

[Tim Loughton]

My hon. Friend is making an important point. The large DIY chain B&Q made a virtue of employing older people and disabled people, who are sensitive to the needs of their older and physically disabled customers. As a result, more disabled or older people tend to shop there than at other DIY chains, because the staff understand them. There is a commercial advantage in training and employing staff who have greater sensitivity to, and experience of, autism and other learning disabilities.

[Mr Buckland]

That is a powerful point. Employing older people and disabled people is good not only for business but for employment. Doing so is not simply about being a kind employer; it is about being savvy. We have already heard about the huge potential that those with autism, Asperger’s and related conditions offer. They have qualities and gifts that we do not have, and they have incredible resources. If we only empower them, they can show us what they are capable of.