Safety of Rwanda (Asylum and Immigration) Bill

Tommy Sheppard Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Tommy Sheppard (Edinburgh East) (SNP)]

I have been in this House on many occasions when we have discussed migration and it saddens me that invariably the narrative from Conservative Members is negative and pejorative. Immigration is always couched as a problem to be dealt with, rather than an opportunity to be embraced. I long for the day when we can have a positive discussion about the history of people moving from one country to another, which, almost everywhere, has been to the benefit of the country they go to. We can also have a positive discussion about fulfilling our international and humanitarian obligations to people seeking sanctuary, particularly as with our 200 years of imperial history we have a great responsibility for that.

The right hon. Member for Newark (Robert Jenrick) is not in his place, but some of his remarks saddened me; I think he will come to regret talking of immigration as “this great scourge” and suggesting that any alternative to his proposal will result in a tenfold increase in boats coming across the channel. As an attempt to weaponise and politicise a very sensitive subject for political gain, it was very distressing. If there is a problem with migration policy in this country, it is a problem made by this Conservative Government. Let me give three examples of that.

First, the backlog has risen to a shocking level of almost 100,000 people waiting to have their applications determined. That was a simple management failure by the Government of not deploying enough resources to do the job in front of them. That statement is incontrovertible, because the evidence is there that when they did employ more people and more caseworkers, the numbers turned and began to come down. Today, they have 2,500 caseworkers processing claims. The money they have already spent on this expensive Rwanda gimmick would pay for three times the number of caseworkers. Imagine what could be done with that capacity to deal with the problem.

Secondly, everybody agrees that it is completely unsatisfactory that people who claim asylum in this country and want to make their case should be locked away for months on end in hotel accommodation that is not fit for their needs. It is a problem for the communities in which those hotels are located, and it is also a problem for the people who are forced to remain in that substandard and inadequate accommodation while their claims are processed. However, it is a choice made by the Government to treat those people as guilty until proven innocent, and to detain them in this way.

An alternative system would be to look at a claim, and in the event of a determination that it could not be assessed within a number of days, to grant a temporary permit allowing the applicant to remain in the country and to work while he or she was here. What would happen if that were the arrangement? Well, first of all the hotel bill would disappear, but, more important, people would seek the support of their families, friends and communities already in this country and that of funded voluntary organisations, at a much lesser cost to the taxpayer than is currently the case, and—even more important—they would start doing work and paying tax in this country. It has been suggested to me that if we did that, all the people would fall through the system because it would be impossible to control them. I put it to the Home Office that it has already lost 90,000 records, and I rather fear that if people were allowed to work here, the HMRC system might be rather better at enabling us to know where they were than the current regime.

Thirdly, there is the question of the boats. There is talk about disrupting the traffickers’ business plan, but it was gifted to them by the Government, who closed down the legal routes to this country, thereby opening up these business opportunities. The best way to get rid of the traffickers would be to ensure that there is a system in place whereby anyone who wishes to apply for asylum in this country can do so and their application is determined if, efficaciously and swiftly, a judgment is made and the application is either rejected or accepted. We talk as though everyone coming here in these boats were illegal and undeserving. Even according to the latest figures, three quarters of those applicants have been granted asylum because they have a legitimate claim.

On the Rwanda policy itself, I referred to it earlier as a gimmick, but let me deal briefly with the point about deterrence. We know that the Rwanda scheme will make an infinitesimal contribution, with perhaps 100 or 200 places for people being deported to Rwanda. In recent years, 300 people have died making the journey across the channel. Will someone please tell me why, if people are prepared to make that very dangerous journey in spite of the risk of death, they would stop making it because of the much lesser risk of being deported to Rwanda? The truth is that these people have a right and a need to come here and apply to be here, and if we were humanitarian at all, we would respect that.

Oral Answers to Questions

Tommy Sheppard Excerpts

Monday 3rd July 2023 Commons Chamber

[Suella Braverman]

I am delighted with the progress being made to tackle antisocial behaviour in Burnley and Padiham. As my hon. Friend will know, we have allocated almost £1 million to roll out pilots of ASB hotspot response in 2023-24. A new round of safer streets will be announced soon. I take this opportunity to thank Lancashire police, which has launched an ASB problem-solving unit. It ran Operation Propulsion, which involved more officers patrolling locations dealing with motor nuisance and boy racers, and it has had a real good crackdown on residential burglary thanks to Operation Defender. Neighbourhood crime has fallen by 26% in Lancashire. Tribute must be paid to Chief Constable Chris Rowley and the police and crime commissioner, Andrew Snowden.

[Tommy Sheppard (Edinburgh East) (SNP)]

T9. Given the exchanges earlier, I am obliged to ask the Home Secretary whether she understands the difference between using a cruise ship for the temporary accommodation of Ukrainian refugees, with a shared language and experience, and who have the right to work and are being actively relocated in the community, and using it essentially as a prison ship for the indefinite long-term detention of asylum seekers, who have no right to leave, no right to work, no right to benefits and no recourse to public funds. Does the Department appreciate the difference?

[Robert Jenrick]

I am disappointed by the hon. Gentleman’s remarks. He knows perfectly well that the proposition was not a prison ship. This is a ship that will be used in exactly the same way as the SNP Government did in Scotland, and in exactly the same way as the Belgian and the Dutch Governments are doing in their respective areas. If I may say, in Edinburgh today, there are 37 asylum seekers. That is disgraceful. If the SNP cared about this issue, it would step up, support asylum seekers and back our Bill.

Public Order Act 2023

Tommy Sheppard Excerpts

Tuesday 16th May 2023 Commons Chamber

[Tommy Sheppard (Edinburgh East) (SNP)]

On the afternoon of Saturday 6 May, I attended a rally called by the Scottish campaign group Our Republic at Calton Hill, overlooking Princes Street in Edinburgh. It was a well-attended event. People there were passionate and they were purposeful, but they were also extremely peaceful. They were, I think, buoyed up by recent polls showing that the case they were making is now supported by a majority of people in Scotland under the age of 35. They were there to express their opposition to the concept of an hereditary monarchy and to proclaim their support for Scotland becoming a self-governing country with a republican constitution that would allow the people to elect the Head of State.

Less than a mile away, at a different venue, there were people gathered to celebrate the coronation of King Charles III—a slightly smaller number, I have to say, but I am sure that they were just as passionate and just as purposeful. Both events were policed discreetly and minimally, and both events passed off without incident. They allowed people in Edinburgh to express conflicting opinions on what was undoubtedly the biggest historical event of that day and possibly of this year. That is as it should be, but I fear that if the main provisions of the Public Order Act had been in force in Scotland, events might have unfurled rather differently on that day.

Let me be clear why we are concerned about this. We have heard ill-informed opinions expressed from the Government Benches suggesting that there is something untoward about the SNP seeking to repeal a piece of legislation most of which does not actually apply in Scotland. I have the privilege of representing part of our capital city, Edinburgh—an area full of rich and active communities with a lot of engaged citizens who quite often wish to protest about injustices they see around them. As colleagues have said, many of the decisions about those things are made here in this Parliament, so when there is a protest about whether we should be part of the European Union, whether we should be arming ourselves with new weapons of mass destruction or whether we should be invading foreign countries, we can expect busloads of my constituents to come to this city and attend. It concerns me—indeed, it is unacceptable to me—that my constituents have less protection of their right of expression once they cross the border than they have when they are in Scotland. That is why I want this piece of legislation repealed.

The hon. Member for Bury North (James Daly) asked for evidence. The evidence I have to back up my argument is what happened on that same day on the streets of this city, less than a mile from this Chamber. At 7 o’clock in the morning, Graham Smith, the chief executive of the organisation Republic, and five other members of his organising team were arrested by the police. They were arrested on the suspected charge of going equipped under the new Public Order Act. It was 7 o’clock in the morning. I know Graham Smith. He is a man of the utmost seriousness, sincerity and integrity. There is no way that he would be associated with anything other than making a peaceful protest, and his arrest at 7 o’clock in the morning—before people had even come to the city centre—was not done in order to prevent harm being caused to others. It was not done because there was a threat to disrupt the coronation festivities. It was done, I believe, because there are people within Government and within the Metropolitan police who thought it might be embarrassing to the new King and the palace authorities for the demonstration to be successful, and wanted to try to disrupt that protest by removing its capacity—by taking away its key organisers and holding them in detention for 16 hours.

The truth is that the embarrassment that was caused that day was not to the King, but to this Government and the British state, because to all the rest of the world watching on, it looked as if a Government who try to stand up for dissidents in Moscow, Beijing or elsewhere were locking up dissidents on the streets of their own country. Nothing undermines an argument more than the charge of hypocrisy against those who advocate for it. That is why I believe those arrests and the use of the Public Order Act to make them have seriously tarnished the reputation of the United Kingdom as a global defender of human rights around the world.

It was the Public Order Act that was used, and there are provisions in that Act—new offences such as going equipped or conspiracy to order, or the new provisions for serious disruption prevention orders. Those are specific things in specific sections of the Act, but there is a much more insidious and sinister aspect to this issue, which is in the politics and the psychology around the legislation and its introduction. Two things are happening: the first is that law enforcement agencies are being given additional confidence, support and encouragement when they have an altercation with a protester. That allows some more zealous and less considered members of those law enforcement agencies the opportunity to go beyond the capacity of the law—to overstep, and to do some of the things that happened on 6 May. I would have thought that if any institution ought not to be given that encouragement, it is the Metropolitan police, given what has happened in recent years.

The other aspect of the psychological debate relates to citizens who wish to protest, because in debates surrounding this issue, the notion that there is somehow something illegitimate and difficult about people going to protest about something they are concerned about will lead many of them to sit at home and say, “I do not want to get involved. It is too much trouble.” That is not a good place for a democratic society to be. We ought to be making sure that we facilitate and stand up for the rights of people to express their opinions and disagree with others.

[Kit Malthouse]

I have a lot of respect for the hon. Gentleman, but he is giving the impression that north of the border in Scotland, no protester is ever arrested, convicted, or indeed put in prison. However, over the past five or six years, there have been numerous occasions when protesters have been arrested, convicted and imprisoned in Scotland, and indeed when protesters have had restrictions placed on their ability to repeat their protest. I was reading in the paper about a young lady in Glasgow who was restricted from continuing with her protest while on bail, so obviously the Scottish Government are drawing a line somewhere between these two competing rights. That is all the British Government are seeking to do in England and Wales.

[Mr Deputy Speaker (Sir Roger Gale)]

Before the hon. Gentleman replies, I ask him to keep a watchful eye on the clock.

[Tommy Sheppard]

Thank you, Mr Deputy Speaker. I hope to speak for less time than the hon. Member for Bury North.

I take the point made by the right hon. Member for North West Hampshire (Kit Malthouse). Actually, I am on record as having stood up for the people who were arrested at demonstrations last year in my own city of Edinburgh, and I thought Police Scotland did overstep the mark on that occasion. As a consequence, no charges materialised, and the police have more or less accepted that, but they did not have the Public Order Act to turbocharge the possibility of that overreach and overstep. That is why I am concerned about the Act and believe it should be repealed.

One understands that there has been a debate happening inside the right of British politics in recent decades. It is distressing but understandable that legislation such as this Act has gone on the statute book because an argument inside the Conservative party has been won by those of a more populist and authoritarian persuasion, and lost by those for whom human rights is a primary concern. That saddens me, and I know there are Government Members who are also concerned about it, but it is perhaps what one might expect from a party of the right.

What absolutely astonishes me is the reaction of His Majesty’s Opposition in this debate. I do not buy the argument that they do not want to support this motion because they think it is a stunt. One could—and they do—accuse us of that all the time. The truth is that the Labour party is embarrassed to support the repeal of this legislation, and that is a terrible thing to have happened. A once great political party that was born out of resistance and protest, and whose members’ views were framed by campaigning against social injustice, is now prepared to turn a blind eye and accept the constraints being put on our right to protest by this Act. It really is sad. I have friends on the Opposition Benches who are disquieted by that, and I hope very much that they will develop the confidence and the ability to bring their leadership into check.

It does no service to British democracy and no service to the British people when the Labour party—the party of opposition to this Conservative Government—sits on its hands and will not support the repeal of this most oppressive piece of legislation, which is taking away the rights and freedoms that have underpinned society in Scotland and England for centuries.

[Mr Deputy Speaker (Sir Roger Gale)]

Order. I still intend to call the Front Benchers at 6.40 pm.

--- Later in debate ---

[The Minister for Security (Tom Tugendhat)]

It feels slightly churlish for a Conservative to get in the way of a family dispute between the SNP and Labour, but if I may answer on behalf of His Majesty’s Government, I will begin by giving a little praise and thanks to the hon. Member for North East Fife (Wendy Chamberlain). As a serving police officer, she did a huge amount for her community and our country. It is wonderful to have her voice in this Chamber. I must, however, disagree with the points she made.

A lot of the aspects of these debates have been focused on the nature of protest. The reality is that this is not a debate about the nature of protest. It is not a debate about the right of free citizens to associate on the streets to call for or against Government policies. It is not a debate about the ability of individuals, from anywhere across these islands, to protest about whether their fellow citizens should or should not be allowed to do things. It is not even a debate about whether we in this House should or should not encourage, or dissuade fellow citizens from certain actions. No, this is a debate about whether or not a small minority of people should be allowed to use disruption as protest: to use disruption as a way of stopping others from conducting their lives—

[Tommy Sheppard]

Will the right hon. Gentleman give way?

[Tom Tugendhat]

I won’t, thank you. As the hon. Gentleman spoke for as much time as my hon. Friend the Member for Bury North (James Daly), I am sure he will give me the few moments I have to close.

This is about whether a few people can use disruption, instead of allowing many to associate, to express their views and to just go about their business as they have every right to do. It is absolutely essential that we stick to that point because that is exactly why the then Scottish Justice Secretary Keith Brown—I am still rather a fan of his, actually, but I know I am probably unique in that in this Chamber—supported it. He welcomed it and agreed it. As a former royal marine, he knows about order and discipline, so I am delighted that he did so. He welcomed it because he knows that protest is absolutely legitimate, but disruption and the use of disruption to silence others, to stop people going about their business and to dissuade others from expressing their views is not.

That is really quite something, but I suppose the main point of the debate is not really about protest at all, is it? Here, I am slightly drawn to the hon. Member for Croydon—the one opposite me, the hon. Member for Croydon Central (Sarah Jones), rather than the one who sits next to me, the Minister for Crime, Policing and Fire, my right hon. Friend the Member for Croydon South (Chris Philp). She pointed out correctly that this is really—

Illegal Migration Update

Tommy Sheppard Excerpts

Wednesday 29th March 2023 Commons Chamber

[Tommy Sheppard (Edinburgh East) (SNP)]

Rather than treat those seeking sanctuary on these shores as criminals and wasting vast sums of money to build internment camps to house them, would it not be more sensible simply to issue them with temporary work permits, so that they can contribute to the community, earn their own money to cover their own housing costs and pay tax into the Exchequer, rather than being a drain upon it?

[Robert Jenrick]

I understand and acknowledge that that is a legitimate point of view. It is not one I agree with, because I believe that we have to suffuse our approach with deterrence, and if we allow a further pull factor to the United Kingdom in the form of enabling people to work soon after their arrival, I suspect we will just find even more people coming to this country.

Illegal Migration Bill

Tommy Sheppard Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

[Tommy Sheppard (Edinburgh East) (SNP)]

Gary Lineker and others are right to caution about the use of language in this debate, but I think it is important that we also understand why people use the words they do. When the Home Secretary talks about invasion, when she refers to “us and them” continuously and when she tries to characterise this problem as there being millions of people waiting to come to the shores of this country, she does so for a particular reason. She does it because, generally speaking, the people of these islands are compassionate and fair-minded, and in order to get acceptance for proposals that are so inhumane and so brutal, it is first necessary to dehumanise and then demonise the people to whom those words refer. That is why the public are invited to regard migrants as some sort of amorphous collective menace and a threat to our way of life and our wellbeing, rather than the truth, which is that they are an assembly of some of the most wretched people on the earth, who have undergone unimaginable horror and have stories to tell that most of us would never wish to experience.

Let us be honest: the problem of small boats is one entirely of this Government’s making. For years, they have been playing a game of grotesque political whack-a-mole, in which the hammer of Government policy has come down on the heads of the world’s most vulnerable people every time they try to find a route through to the shores of this country. We have got to a situation where the legal routes are now so non-existent or so limited that most people have simply no alternative but to put their lives in the hands of the people smugglers on the shores of France. The truth is that until and unless we open up those safe, legal routes, this problem will continue.

The Government’s novel approach to the increasing number of people claiming asylum is now simply to make it illegal to claim asylum in the first place. That is a grotesque and absurdist logic that Franz Kafka himself would be proud of. I have heard a lot of Conservative Members talk about criminal gangs. Let me tell you this, Madam Deputy Speaker: if I was organising an organised criminal group and I was engaged in people smuggling and modern-day slavery, I would be rubbing my hands in glee at these proposals, because they alter the balance of power between these criminal gangs and the people they oppress by removing the redress and the rights that people have when they come to this country.

Finally, there is a lot of talk about how many millions this is costing. Getting rid of the cost is quite simple: process the applications and allow people to work and pay taxes while they are being considered. That would solve the problem overnight.

Illegal Migration Bill

Tommy Sheppard Excerpts

Tuesday 7th March 2023 Commons Chamber

[Suella Braverman]

My hon. Friend is right, as usual. This is where those on the left just go wrong. They naively believe that everyone on a boat is always fleeing persecution, war and conflict. The reality is that many of these people are young, fit and healthy men. Many have paid thousands of pounds to come here and many of them are economic migrants, abusing our asylum laws and our generosity.

[Tommy Sheppard (Edinburgh East) (SNP)]

This is a most foul and shameful policy, which depends on dehumanising and criminalising some of the most vulnerable people on this earth, and it is most certainly going to be in contravention of the European convention on human rights. The European Court of Human Rights is overseen by the Council of Europe, and if this Government are determined to break the European convention on human rights, I am certain it will lead to a challenge of the credentials of the delegation from this Parliament to the Council of Europe. Will the Government confirm that their policy is to face suspension or exclusion from the Council of Europe in pursuit of this plan?

[Suella Braverman]

The package of measures I have brought forward represents a humanitarian set of measures that will, above all, deter people from making a dangerous and sometimes fatal journey in the wild hope that it will lead to a better life in the UK. People must not take the journey, they must not risk their lives and they must not come here illegally.

Nationality and Borders Bill

Tommy Sheppard Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is a pleasure to take part in this debate and to follow the hon. Member for North East Bedfordshire (Richard Fuller).

Yesterday we badly damaged the UK’s reputation for upholding the refugee convention and the rights of refugees, and today’s clauses risk undermining the protection offered to victims of trafficking and modern slavery. That is particularly frustrating because a lot of good work has been undertaken in Stormont, Westminster and Holyrood to put in place legislative frameworks for tackling trafficking and modern slavery.

Just as yesterday’s clauses failed to address the real failings in the asylum system, the clauses we are debating today do not address the real and significant problems we all face in our efforts to tackle trafficking. They will not lay a glove on traffickers and, in some cases, they will give traffickers extra power and ammunition over their victims and will discourage victims from reaching out for support and assisting prosecutions.

The problems we all face include: the fact we almost certainly identify only a small fraction of trafficking victims and prosecute only a small number of traffickers; the massive delays in the national referral mechanism that see victims sitting in limbo for months and years as they wait for a decision; and the failure to give so many people the stability of the decent period of leave to remain that they need to recover. None of that is addressed in part 5. Instead, it reinforces the impression that efforts to protect victims of trafficking play second fiddle to immigration enforcement, just as decent treatment of asylum seekers and refugees played second fiddle yesterday.

On that note, although I absolutely agree that what we are debating today is distinct and separate from what we debated yesterday—in fact, they should be in separate Bills—it is important that we recognise there is an overlap. Importantly, some of the provisions this House approved yesterday will apply to certain victims of trafficking, including the new criminal offences in relation to arrival in the UK and the discriminatory two-tier asylum system that many trafficking victims will now enter. If I correctly recall our debates in Committee, the offence we put into law yesterday of entering or arriving without permission could result in trafficking victims being excluded from protection.

In particular, I spoke yesterday about this place’s awful habit of passing legislation that tells decision makers how to assess the evidence that they will obviously have in front of them but which we do not have in front of us and that we will never know anything about. Instructing decision makers to make adverse credibility findings in relation to trafficking victims because the evidence or information was provided late is especially pernicious and dangerous. As Members on both sides of the House have pointed out, both today and on Second Reading, it takes time for many victims of modern slavery to identify themselves as a victim, let alone to present the evidence required to establish that fact. As we have heard, there are numerous reasons for that: fear of reprisals, shame, instructions or coaching from traffickers, the impact of trauma and mental health issues, as the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) set out earlier. All the clauses that we debated yesterday requiring negative credibility findings to be made will impact on trafficking survivors who enter the asylum system, and clauses 57 and 58, which we are debating today, will impact on all who seek support as trafficking survivors.

As we argued in Committee, such a trafficking notice might serve a useful purpose if it was just that—a notice that information should be provided. Speaking from personal experience, it could focus the mind of solicitors who might be reasonably well practised in making claims on behalf of clients in relation to the refugee convention, or for immigration status, but who might have had significantly less experience of identifying and taking forward trafficking cases. I am sure lots of colleagues in the legal profession would identify with that.

In Committee, we argued to keep the notices but ditch the threat of sanctions. That approach was rejected by the Government, so we have tabled amendments 127 and 128, which would ditch the scheme altogether. In short, we cannot support a statutory scheme that threatens to punish trafficking victims for late provision of information. Most fundamentally, there can be no doubt that with such a scheme, there is a risk that survivors of trafficking who miss a mandatory deadline will simply withdraw from the whole process. The Bill requires that their credibility be treated as damaged, and all the talk of good reasons as an excuse will make a limited difference. In fact, the whole process risks becoming a vicious circle. I could provide evidence that was late because of the trauma of trafficking, but I would not be able to establish that I had been trafficked because my credibility would be damaged by providing that information late. That is a mess of a provision.

Going further, the scope of the provision is also bizarre, covering as it does not just statements made by the trafficking victim but statements made on their behalf. That could include evidence from their doctor, a counsellor or a social worker. Such reports should be considered on their own merits, not automatically discredited by utterly misguided provisions such as those we are discussing. A victim of trafficking could be in a position of needing to submit more evidence to strengthen their case, but by providing that evidence after a deadline set by the Home Office, they risk having their credibility damaged. They can be disbelieved either for providing not enough evidence, or for providing evidence late. What a Hobson’s choice that is for incredibly vulnerable people. The shadow Minister posed practical questions about the timing. We say, “Let’s take out the punishment through amendment 128,” or, at the very least, support the shadow Minister’s bid to disapply these dangerous provisions to children.

Our third amendment is 148, which probes the Government on the vague and broad provisions in clause 67 to disapply retained EU law deriving from the trafficking directive. In their modern slavery strategy of 2014, the then Conservative Government said that opting into that directive

“demonstrated our commitment to working with other countries in Europe to drive up standards across the continent in tackling trafficking”

and showed

“the UK’s commitment to tackling human trafficking and providing support to victims.”

The Government said that the directive

“paves the way for further engagement with EU-wide organisations and governments to share our prosecution and investigation expertise.”

Clause 67 disapplies that directive, in so far as it would be incompatible with the Bill and any subordinate legislation made under it. Given that the directive is so crucial to prevention, victim identification, protection and support, this proposal is concerning. We should be fully implementing the directive, not moving away from it.

Nothing is said about that provision in the equality impact assessment or the human rights memorandum, so we have no information about which parts of the directive the Home Office considers to be incompatible with this Bill, or which parts would cease to apply. How are anti-trafficking organisations and those who provide support and advice to survivors supposed to know what the law is? Can the Minister spell some of that out today? What other provisions of the directive might the Government want to ditch through subordinate legislation?

Before I address our last amendment, let me express support for amendment 3, which was tabled by the right hon. Member for Orkney and Shetland (Mr Carmichael), to remove the disqualification provisions of clause 62. As all Opposition Members argued in Committee, those provisions are far too wide. For the same reasons, we support the alternative new clause 39, in the name of the hon. Member for North East Bedfordshire, to secure compliance with the trafficking convention and protect children from disqualification. Rather than fixing the clause, the Government seem intent on making it worse through amendment 71, meaning that survivors who are identified as needing leave to remain to seek compensation, or to co-operate with investigations and prosecutions, will not get it.

We give our support to new clause 47, tabled by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), and in particular to the provisions requiring a grant of leave for 12 months, or longer if required because of personal circumstances.

[Tommy Sheppard (Edinburgh East) (SNP)]

My hon. Friend is making an excellent humanitarian case against aspects of the Bill. Does he agree that when the Government reject that argument, it will fuel the case for Scotland to become a politically independent country so that it can build a different immigration system on the basis of fairness and international solidarity, rather than prejudice and paranoia?

[Stuart C. McDonald]

I fully endorse what my hon. Friend says. We will continue to make the case against this Bill, although we all know that that case will be rejected. People who are watching will see our alternative proposals, and they are a strong argument for independence indeed.

In addition to saying yes to new clause 47, we support new clause 3 from the right hon. Member for Kingston upon Hull North. I mentioned at the start of my speech that Stormont, Westminster and Holyrood had all passed important legislation in this area, and that brings me to the key point that we have just touched on. Large parts of this issue are a devolved matter, and that is only partially recognised in the Bill. The same is true of the age assessment provisions in part 4. There are very good arguments for saying that legislative consent motions should be required from the Scottish Parliament for various provisions in parts 4 and 5, and that is why we have tabled amendment 129.

The whole disreputable scheme of trafficking notices, plus most law in relation to the recovery period, is surely within devolved competence, but clause 49 also sees the Secretary of State interfering in how local authorities go about discharging their duties in relation to devolved children’s legislation. I would be happy to share with the Minister a legal opinion by Christine O’Neill QC that has been published by the Scottish Refugee Council and JustRight Scotland, and that makes similar points. I am sure that devolved Administrations in Northern Ireland and Wales will also want to look closely at these points.

Our view is that this is a disaster of a Bill and, as the shadow Minister said, the whole legislative process leading up to it has been a disaster as well. The consequences for many vulnerable people will also be disastrous. That is as true of the provisions in relation to trafficking survivors as it is for asylum seekers and refugees. Although we have tried to ameliorate the worst aspects of the Bill, the whole rotten lot of it needs to be canned.

Misuse of Drugs Act

Tommy Sheppard Excerpts

Thursday 17th June 2021 Commons Chamber

[Tommy Sheppard (Edinburgh East) (SNP)]

I wish to associate myself entirely with all of the comments that my two colleagues have just made from either side of this House. I wonder what it says about our ability to function as a body that makes and reviews legislation that such a significant piece of legislation, dealing with such a major social problem, can lie on the statute book for 50 years without review or amendment. That is all the more incredible when we consider that by any conceivable measure it has been an abject failure in trying to achieve what it set out to achieve. As we have heard, back in 1971 just 1% of the British population said that they used the drugs that the Act would go on to criminalise, whereas today the figure is 34%. We are facing the biggest social policy catastrophe of our generation. Thousands of people are dying every year needlessly because they do not know what they are taking and help is not available for them when things go wrong. Tens of thousands of people every year get a criminal record because of the way in which we try to tackle this problem. Hundreds of thousands, if not millions, of people, living in communities up and down this land, have their lives blighted, not just by the misery of people dependent on those drugs in those communities, but by the brutal violence used by those involved in organised crime to enforce their regulation and supply of these products.

By any measure, this policy and this legislation ought to be reviewed. It is not just the fact that the legislation has not been able to do what it wanted to do; it is worse than that, because the legislation is now an active cause of the problem, because the entire area is looked at not as one of public health and wellbeing, but as one of criminal activity. The centre of the Act is about criminalising people who use drugs, and that does a number of things. First, it immediately means that the state has no role in the supply and regulation of these products, and that responsibility is given to the private sector and to organised crime within it. That is the first consequence of the Act. The second is that if people are getting into trouble and need medical help because of their substance addiction, many of our health and social care staff working in our public agencies are unable or unwilling to put themselves at risk of criminal prosecution by offering that help.

[Dr Mullan]

If that is true, how does the hon. Gentleman account for the fact that we have tens of thousands of heroin users on methadone replacement therapy?

[Tommy Sheppard]

I will come on to look at that concept and drug consumption in a minute, but what I am talking about is the fact that people have no ability to come to a health professional and say, “What is this?” They have no ability to ask for clean needles, because these actions are prohibited under the 1971 Act and the schedules to it.

The third thing, which has already been remarked upon, is that the Act stigmatises, big time, those who use drugs and puts them in a position where they are unlikely, because of social opprobrium, to ask for help. We surely need to have a review and a fresh think about a problem that is so manifestly out of control and where the existing legislation is so manifestly unable to provide any assistance.

I always like to try to see the other side of the argument, so I want to ask: why are people resistant to review? Why do they want to hold on to things as they are? I can only conclude that it is because they fear the consequences of decriminalisation or of changing the law. They must somehow think that if we were to do that, we would open the floodgates and unleash supply into communities where there are not already drugs, and that many more millions of people would get caught up in the problem, because we would not have the criminal mechanisms that we have at the minute. I say to any colleagues who think that: wake up and see what is happening on the streets of your constituencies.

Those colleagues should come with me to any medium-sized town in this country, stand in a bar and make their intentions known as to what they would like. Within one hour they will be offered any drug of their choice. If they do not want the personal contact, they could order in advance. If they go on the internet, they will find a mobile phone number on which, through the county lines network, they can order whatever they want and it will be delivered to their door. Sometimes people will even get a customer service message asking for feedback on the supply. That is the extent of what we have at the moment.

It is just fantasy to suggest that there are loads of people out there who are somehow prevented from getting into drugs by the Misuse of Drugs Act 1971. That is not the case, so we surely need to have a grown-up conversation about what we should do given that potentially a third of our citizens could be made criminals by legislation that is so manifestly unfit for purpose.

I hope that the Home Office and Ministers can begin that process of review with an open mind, rather than just defending the status quo. They should be prepared to look at an evidence-based approach, drawing on international comparisons, and to try to work up a better system that is grounded in protecting public health and wellbeing, rather than trying to criminalise behaviour. I and my party would support—I think there would be support in all parts of the House—any bold Minister who wanted to take that initiative and begin that dialogue. I am not saying prescriptively what should be in such a review; I am not saying how it should be done. I simply want to have the dialogue, the discussion and the debate, because too many people are dying for us not to do so.

While we are doing that, there are some things that ought to be done immediately. I want to turn for a moment to the question of drug consumption rooms—probably better called overdose prevention centres. These are medical facilities, and I have been in them and seen them working in Portugal, Germany and Canada. These are medical facilities where someone can use their own drugs under medical supervision. Such places are not going to make the overall problem any better; what they do is drive a focus into the very sharp end of the problem—the point at which people are dying.

At the moment, people do not voluntarily overdose because they are fed up with life and want to commit suicide. That is not the case at all. People are taking substances and they do not even know what is in them. Sometimes these substances contain a lethal concoction which is much, much stronger than they thought it was going to be. Because it is all criminal activity, it has to be done behind closed doors. It is not something that someone does in the open. By the time someone realises they have a problem—by the time they cannot breathe, they have a heart attack or they need medical help—it is too late to call for assistance. For the limited number of people in those circumstances, being able to satisfy their immediate addiction under medical supervision would literally be a lifesaver. That is what happens in other countries.

It is blindingly obvious that we ought to try to consider having such places here, but the law forbids it. Even pending a change in the law, by regulation the Home Office should allow pilot centres to emerge so that we can see for ourselves whether they would work here. After all, what is there to lose? There is nothing to lose and everything to gain—there are lives to gain.

This idea does not stop people using drugs; it does not get rid of the problem; it does not make people get their life back together; it does not get people the medical help or social services help that they might need; it does not get them a job if they have not got one—of course it does not, but it keeps them alive long enough so that those interventions can take place further down the line. We cannot give help to a dead person, and that is why it is so vital that we have a sensible discussion about drug consumption rooms and supervised facilities. The Scottish Government stand ready and have been pressing the Home Office to allow them to go ahead and do that in Glasgow, which brings me to my final point; I know you did not want people to go on too long, Mr Deputy Speaker, so this will be my final point.

We have a bit of a disjuncture in the interrelationship between the devolution of political authority and Administrative action in the United Kingdom and this particular problem, in that the whole criminal framework—the 1971 Act and others—is a reserved matter for Westminster, which sets the problem, if you like, but dealing with the consequences of that, including the health and social care and the economic fall-out from that policy, is a matter for the devolved Administrations. Without getting into the arguments about Scottish independence or whatever, it seems to me a matter of ultimate sense and grown-up policy to have the same part of government responsible for the regulation as is responsible for mopping up the consequences of the problem. That is why, when the time comes, we need to urgently look at devolution of the controls currently in place in the ’71 Act, and whatever replaces it, to the devolved Administrations, and to locate them within a health and social care context, which is already devolved.

In advance of that, I have spoken with the Minister several times on this matter, and I trust that he is thoughtful about it. I think he is prepared to consider other points of view and evidence, but I think he feels himself mightily constrained by tradition, convention and, perhaps, political pressure elsewhere. However, he has now received a letter from the Drugs Policy Minister in Scotland, Angela Constance, asking for a four nations summit to consider, among other things, establishing pilots of these types of medical facilities. I hope very much that he will today confirm that his reaction to that is positive and that, if we cannot change things overnight across the whole UK, he is prepared to let us employ the apparatus of devolution to allow one part of the UK to go beyond where other parts are perhaps willing to go at the minute and to collate the evidence to point a way to the future, which could then lead to best practice being adopted throughout.

We have a responsibility not to continue to stick our heads in the sand on this matter; there has been a collective exercise of ignoring the blindingly obvious for far too long. We are not voting on this today, but I appeal to colleagues to do what they can through the various structures of this place and within their political parties—this matter should not divide us on party grounds—to consider why we need a review after this half-century and why things are so clearly wrong that we must do something. We cannot continue to stick our heads in the sand and pretend that things are okay. Now, 50 years after the passage of the Act, is the time to admit that it is not working and to do better. The citizens of this country deserve that.

[Mr Deputy Speaker (Mr Nigel Evans)]

I ask every Member to focus on not speaking for more than five minutes, if they could. I will not put a time limit on yet, but I may be forced to in order to protect other business.

Far-right Violence and Online Extremism

Tommy Sheppard Excerpts

Monday 18th March 2019 Commons Chamber

[Mr Wallace]

The hon. Lady has made the incredibly wise observation that some of this funding, and some of the influences on extremism, are coming from outside this country. Some of it is deliberate, and is done by states and groups, and we should definitely explore what more we can do. One of the best ways to deal with it at this level is through transparency on where money comes from and where it is going. I have always campaigned for that, and we need more of it.

[Tommy Sheppard (Edinburgh East) (SNP)]

Social media may well have turbo-charged the far right’s ability to organise and communicate, but it also provides an opportunity to watch that. I know the Minister cannot give details, but can he give the House reassurance that the intelligence and security forces in this country have the capacity to monitor all known members of far-right organisations; that if necessary, that capacity will be increased; and that it will not be compromised through a lack of budget or resources?

[Mr Wallace]

As guided by the Investigatory Powers Act 2016, we will do whatever monitoring and investigation we need to, where that is proportionate and necessary, to head off any terrorism or violent extremism, wherever we see it, whatever its cause. The intelligence services and the police have the resource at the moment. One of the reasons why I am such a supporter of Prevent is that if we do not deal with the next generation and the potential pool that terrorism recruits from, we will not have the resource in years to come.

Drugs Policy

Tommy Sheppard Excerpts

Tuesday 23rd October 2018 Westminster Hall

[Tommy Sheppard (Edinburgh East) (SNP)]

Last year in Scotland there were 934 drug-related deaths. Of those, 137 were in Lothian, which covers my constituency. People fear that in 2018 the figure could top 1,000, so they are right to regard this as a crisis that needs to be addressed. The compelling tragedy of those deaths is that most were avoidable. These people did not die because they overdosed; they died because they were using dirty needles or other paraphernalia and they contracted hepatitis C or HIV from other users. They died because the stuff they were taking was either cut with toxic substances or was far more powerful than they expected it to be. In some cases, they died because they had left treatment too early—the orthodoxy is that success is judged by how many people go through treatment rather than by the number of people who are kept in treatment.

I laud the work of agencies and of many sincere individuals on the ground at the frontline. I have spoken to many of them in recent months, and they all tell me that even without changing the law many drug-related deaths are preventable. As Members have said, we could certainly have safe consumption facilities. We could also have heroin-assisted treatment. The reality is that the best way to get somebody off an addiction is first to manage it so that they can regain some control over their lives and begin to make plans. We could also remove the stigma—there are far too many people in our society who react to these deaths by saying, “They’re only junkies; their lives don’t really matter.” We have to say that those people were once valued members of a community and that they could be again, and we need to reach out to them. Finally, we could shift the emphasis on to harm reduction through a massive publicity programme.

I do not have time to say what I wanted to say, so let me just make an appeal to the Minister. There are cross-party concerns about drugs policy, and there is cross-party support for a new initiative from the Home Office to review the Misuse of Drugs Act 1971. We deal with no other area of public policy where the principal legislation has remained unchanged for nearly half a century. The problem has got dramatically worse and its character has changed. Far too many people are labouring under the misapprehension that prohibition means control, but it does not. There is no control over what substances come on to our streets, there is no control over how much is available, and there is no control over who is using them. There ought to be, and we have a responsibility as legislators to move forward and achieve that. A review is long overdue, and I implore the Minister at least to be receptive to these appeals.