Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Yvette Cooper Excerpts

Consideration of Lords amendments
Wednesday 4th November 2020 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Member for keeping his comments brief. I do not intend to put on a time limit, but if people can keep to roughly Stuart C. McDonald’s length of speech—about four minutes—we will get fairly well everybody in.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

This Lords amendment should not be a point of party political disagreement. I agree with every word that the hon. Member for East Worthing and Shoreham (Tim Loughton) said. He is a fellow member of the Home Affairs Committee, and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) is also a member of the Select Committee. We may disagree on many things, but on this we are in strong agreement, as we are with my hon. Friend the Member for Halifax (Holly Lynch).

When in the past we have helped child refugees, we have done so on a cross-party basis—be it, generations ago, with the Kindertransport or, in more recent years, with the Dubs amendment put forward by Lord Dubs, himself a child of the Kindertransport. We have done so with the investment through the aid budget supporting refugees across the regions, and with the resettlement scheme, which many of us called for and the Government rightly brought forward, to help many Syrian families restart their lives. The same principle should apply here as well.

We have always had cross-party agreement that we should do our bit to help children and teenagers who are alone with no one to look after them, and who have fled conflict and persecution but have family here in the UK who can care for them, put a roof over their head, try to make sure they get back into school, look after them and give them back a future. It is something that every one of us would want for our own families if we, for a moment, just think about walking in others’ shoes and about the awful plight of families in this situation, torn asunder by conflict or by persecution. I have teenage and adult children and, like so many of us, I would want them to be back together or to find others who could care for them from within our family if something terrible happened.

While the Government’s proposed review will, I hope, be important in looking at safe and legal routes to sanctuary, it is not an alternative to the Lords amendment. Reviews take time and consultation takes time. All of those things take time, and we do not know yet where it will end, but at the moment the rules change in January, and therefore it is not an alternative for the children and teenage refugees who may be in need of support to rejoin family now.

The hon. Member for East Worthing and Shoreham set out clearly why the current rules do not suffice to provide that support, but Safe Passage provided us with the reason why there is so much at stake when it described the case of a 14-year-old teenage boy on the streets of Paris, whose brother is here. Safe Passage had worked with him to get him off the streets into secure accommodation, to get him support from social services and to get him into the legal process to apply to rejoin his adult brother, who is in Scotland. However, the boy and his brother became deeply anxious that the rules were about to change at the end of December, and he has now left that accommodation. He has absconded, and nobody knows where he is. The message he left behind said, “I have heard that the law will change. What will happen to me?” The huge risk is that he may now end up in the arms of people smugglers or people traffickers, trying to make a really dangerous journey. We have seen the consequences of those awful, dangerous journeys in flimsy boats, with lives having been lost so recently—children’s lives have been lost as well.

I urge the Minister to think again and go with the spirit of the things he told us this morning about wanting to be compassionate towards child and teenage refugees. I urge him to keep these provisions in place, to accept the Lords amendment and to recognise our continuing obligation to reunite desperate families. If he wants to look at this again once his review is in place, he will have done no further harm to those families in the meantime.

For the sake of these teenagers and young people, whose safety and lives may otherwise be at risk, I urge the Minister to accept the Lords amendment.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I very much welcome the Minister’s restating of the commitment to safe and legal routes, which we all recognise are critical to tackling the risks of trafficking. I also very much welcome the commitment to existing family reunion routes.

One issue that has not received enough attention in the debate around child refugees is the humanitarian issue of what happens to them after they arrive in this country. It is important that I ask the Minister to consider some of those wider implications, because they are enormously significant in making a decision about the UK’s attitude to so many of these questions. They are vital to our care system, to local authorities and, of course, to local communities, because the children and young people we are talking about in the context of this specific amendment and debate are a very small proportion of the number the UK is involved in supporting. Indeed, from 2015, we saw around a doubling of the annual number of unaccompanied children and young people coming into the care of local authorities in the United Kingdom under the terms of the Children Act 1989, partly as a result of the Government’s commitments, but also in recognition of the fact that determining the narrow legal status of a child refugee before they arrive here and ensuring that is sustained after their arrival is something with which this debate and the legislation struggle.

One of the big challenges I have always found, having worked with the noble Lord Dubs on these issues for some time, is that the idea that Dubs created a very specific route that opens up an opportunity often turns into an illusion for these children once they arrive,. I have personally come across many examples of young people who have been lined up to come here to be reunited with a family member only for it to transpire that the family member is in no position to care for them, and that young person is, in fact, simply being lined up to be taken into the United Kingdom care system. That, of course, is the ultimate destination for many unaccompanied child refugees, because that is what our legislation requires.

Although I very much agree with the points raised by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), we need to consider not that Dubs is unique in and of itself but that, actually, it concerns a very small, flexible and variable number within a much larger number of child refugees who are coming into the care of the United Kingdom.

When the Minister looks at the wider capacity picture, he should speak to the 30 councils that have come forward and said they would like to take Dubs children. He should ask them why they are not willing to make those places available to the large numbers of existing asylum-seeking children who are in the care of local authorities while looking for openings under the national transfer scheme. That would enable many of these children, many of whom may turn out to be Dubs eligible anyway, to move into the care of a local authority in a different part of the country. That is a critical question.

In conclusion, I welcome much of what the Minister said. I simply ask him to provide in his response a commitment on the future of global resettlement. We all recognise that this is a very small part of that much bigger picture. A clear commitment from the Government about when the scheme will commence and what its resourcing will look like would provide assurance of what the future framework is for so many vulnerable people around the world and maintain the UK’s reputation as providing a safe and honourable route to a safe haven for those who genuinely need it.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Yvette Cooper Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Kevin Foster]

We have been very clear that we will have a points-based system that will respond to the needs of the United Kingdom’s labour market and workforce, and that our migration system will not provide an alternative to investing in and rewarding those who work in critical sectors such as social care.

As Members will know, I have previously spoken at length about the role of the Migration Advisory Committee, which now has an expanded remit to examine any aspect of the immigration system and to provide annual reports that Parliament can, and almost certainly will, debate. I have also outlined the Government’s continued commitment to keeping all policies, including the skilled worker route, under review. We do have the flexibility to adapt and adjust on the basis of experience and evidence. Hon. Members will have heard me say before that the immigration system cannot be the solution to issues in the social care sector. We must not continue to rely on people coming to the UK when the focus should be on the domestic workforce to address shortages in the sector. As was just touched on, migration policy should not be an alternative for employers to offering the type of rewarding packages that care staff deserve.

To deliver change to the social care sector, we need to make changes to the way that we train, recruit, attract and retain staff. The Government are focused on working alongside the sector, including through Skills for Care, to ensure that the workforce can meet the increasing demands and continue to deliver quality, compassionate care. Immigration must be part of our overall strategy for this sector’s workforce, not a handy alternative for employers to—

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Migration Advisory Committee has effectively recommended a significant increase in the pay of social care staff, which they urgently need—and they have been under immense pressure this year. Will the Minister accept that recommendation from the Migration Advisory Committee?

--- Later in debate ---

[Miss Dines]

No, I will not give way. Our focus needs to be investing in this country for more young people and older people to be retrained to work in this sector and to be valued with proper wages. We have a fantastic resource at home. In Derbyshire Dales, I have spoken to several care workers. They all work incredibly hard and we treasure them. For those reasons, I oppose Lords amendment 1.

Lords amendment 2 would amend clause 4 of the Bill. I cannot go into as much detail as I would like because of time constraints, but the change suggested would provide preferential family reunion rights under EU free movement law indefinitely. The people of this country did not vote to leave the EU to go on to grant such indefinite rights. It would provide an unfair situation for all other UK nationals who wish to live in the UK with family from outside the EU. The suggested creation of a lifetime right for one group of nationals over another—UK nationals living overseas who have families from other parts of the world—would be grossly unfair to our citizens. We are not leaving the EU and taking the EU’s broken immigration rules with us. European Union free movement simply needs to end.

Lords amendment 3 relates to children in care. The proposal is over emotive and simply not necessary. The Government are providing extensive support to local authorities, which have a legal responsibility already for applying on behalf of eligible children in care to get UK immigration status under the settlement scheme. In my practice at the Bar representing guardians, children, parents and local authorities, I witnessed such circumstances frequently. Furthermore, the Government have made it clear that they will accept late applications. The amendment is just political and wholly unnecessary.

I am not going to be able to spend much time talking about Dublin III, but it is worth remembering that this country is now a sovereign country and we can make our own laws. We have a strong record of supporting vulnerable children, refugees and asylum seekers, and we will do that. We have an admirable record internationally, and I do not accept the naysaying and doom that we hear from the Opposition. The fact is that we have an electoral mandate to fix the problems that exist in our broken electoral system, and I very much look forward to the great ideas of the Government for new legislation in that area next year. We will continue to provide a safe haven to those fleeing persecution and oppression and tyranny, but we will not allow organised criminals to continue to exploit people, and we will have to stop what is happening in bringing people who are exploited across the channel.

Briefly on Lords amendment 5, I say that we do not need to rely solely on written documents. Physical documents can get lost, stolen and are often tampered with. The online scheme is safer and more reliable. I therefore oppose the amendment. As I am running out of time, I cannot go into detail, save to say that a time limit is necessary to be able to control immigration, and any suggestion otherwise is fanciful. I have no hesitation in supporting the Government in opposing the amendments today.

[Yvette Cooper]

Can I say to the Government that I am disappointed that they are resisting all of the amendments from the Lords? Clearly, immigration legislation is needed, and new immigration rules are needed in time for January when the transition ends, but the purpose of Lords amendments is to try to improve those rules and the legislation.

I would say to the hon. Member for Derbyshire Dales (Miss Dines) that that is what this debate is all about—for the UK to decide what principles it wants to embed in the immigration system for the future, and many of the Lords amendments are about establishing principles around compassion and drawing on the history the UK has long had of supporting refugees and also supporting the vulnerable.

It is disappointing that the Government are not responding to the mild request to have a social care impact assessment. It is only a limited request, but it is the right response to the Migration Advisory Committee’s recommendation that something needs to be done. It recommended a pay increase, which I would strongly like to see. In the absence of that, it said that social care should be added to the shortage occupation list to make sure that that vital service is not overstretched as we go through another difficult winter. The Government have provided no response to that at all.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Yvette Cooper Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage & Report stage: House of Commons
Thursday 15th October 2020 Commons Chamber

[James Sunderland]

My key point is that the Human Rights Act does provide those protections, but in the context of operational service at the point at which decisions have to be taken I believe that those protections are needed.

Unlike most of our conventional forces, operators often work isolated and alone, making snap decisions that allow them to maintain trust and avoid detection. Rather than isolate them further—this goes back to my previous point—they need to know that their decisions and actions, when made in good faith and often under extreme stress, will be supported when the time comes. It is that discretion that lies at the heart of what they do, and more fool us in this place should we choose to undermine them or hang them out to dry from the sanctity of our courtrooms.

The recent evidence on why the Bill is necessary speaks for itself. Since March 2017, MI5 and counter-terrorism police have thwarted at least 27 terror attacks on home soil. In 2017, covert operations infiltrated a criminal organisation to stop a planned attack on Downing Street. In 2018, the National Crime Agency disrupted more than 30 threats to life, seized over 3,000 kg of class A drugs, safeguarded more than 200 people, and removed almost 100 firearms and 4,000 rounds of ammunition off the streets. Between 2017 and 2019, Her Majesty’s Revenue and Customs has prevented hundreds of millions of pounds of tax loss, with one case alone estimated to have saved the Treasury over £100 million. Such is the wider utility and benefit of our intelligence sources across a range of authorised bodies, what else do we not know?

I am sympathetic to new clause 3 about oversight of the ISC, but I am not convinced that the equality impact assessment cited in new clause 2 or the blacklisting cited in amendment 6 and new clause 5 would be feasible. I am sympathetic to new clause 8 in respect of CCAs being granted to under-18s and vulnerable people, but I think it would be difficult to implement in the field.

It is not always ours to reason why from the privilege of this place, nor to cast judgment on those who face more danger on a daily basis than we can imagine. I cannot agree with those who insist via amendment 7 that a criminal conduct authorisation should only be provided once a warrant has been issued by a judge or that a time limit be given. Similarly, for those who seek to balance the size and scope of the proposed activity against the gravity or the extent of the perceived crime, I regret that our operators will rarely have the luxury of doing so when danger is upon them. Given that our primary responsibility in this place is to keep our people safe and to allow those entrusted to do so to operate as they must, I will vote today for the passage of this Bill.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I welcome the remarks of the hon. Member for Bracknell (James Sunderland) about the important work that our security and intelligence agencies do.

We now have just a few short hours for the Committee stage of this Bill today. We will end up, in effect, with no Report stage. It is only 10 days since Second Reading. Third Reading is likely to be squeezed by how long it takes us to vote at the moment. I say to the Minister that this is an irresponsible way to deal with legislation that is so important. He will know that I say that as someone who strongly supports the vital work of our security and intelligence agencies, and our senior police, who deal with serious and organised crime, terror threats, and child abuse. They work with great bravery to keep us safe, and we owe them our thanks.

The Minister will also know that I have long supported much of the counter-terror work that the Home Office does, as well as its work with the police and intelligence agencies. I agree with the core purpose behind this Bill, which is to provide a legal framework for the difficult work that our Security Service, counter-terror police and National Crime Agency need to be able to do in order to keep us safe. But that is why we should take care to get the details of the legislation right. That is important because it is not only about the rule of law and safeguards for our democracy, but about the interests of the Security Service and the police. It in their interests to have the proper safeguards in place for the vital work they do. It protects them and it also protects individual officers, who have to take very difficult decisions under pressure with great integrity.

I find it difficult to believe that the court timetable has necessitated this condensed timetable. The Investigatory Powers Tribunal reported in December last year. Preparations were under way at that time for legislation, in case it might be needed. We could have had more consideration of this. We could have continued with it for a further couple of weeks in this House and then accelerated the timetable had it proved necessary at the last minute, given the court timetable and the potential for an imminent court decision.

We will therefore have an accelerated discussion of a whole range of different, important and very sensible amendments that have been put forward, such as those on pinning down the safeguards for human rights considerations and putting them more explicitly into the Bill. I strongly support the words of my hon. Friend the Member for Walthamstow (Stella Creasy) about the need to ensure that there is proper protection for children. There are measures to protect children in the use of covert human intelligence, but there should be additional safeguards in case there are ever circumstances in which children are being asked to break the law. Such safeguarding is important and does need to be seriously responded to. I also support the reinforcement of existing protections against things such as blacklisting and interference in trade union activity—protections that have been secured by work by Labour MPs on previous legislation.

The two key issues that I wanted to focus on—and the amendments that reflect those—are first around independent checks and secondly around the scope of the legislation. The Bill as it stands does not include sufficient independent checks. There is no independent check in advance and the independent checks in retrospect are very limited; all we have is the retrospective oversight of the Investigatory Powers Commissioner. Those are permissive provisions rather than clear requirements on the commissioner, which means that we will have no idea in the House, in retrospect, whether the IPC has been forensic, looking at every individual case, or whether it has had to focus on other issues that year as part of its report.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Yvette Cooper Excerpts

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[James Brokenshire]

I can certainly say that there are clearly ongoing inquiries in relation to this important and sensitive issue. I have highlighted the lack of any retrospection, and I point the hon. Gentleman to what has happened since then and what the police themselves have underlined in this regard. There is an enhanced regime of what are known as relevant sources—in other words, undercover police officers—and the criminal conduct authorisation is in addition to the regime to authorise and approve a CHIS covert source in the first place.

It has never been acceptable, as the police have said, for an undercover operative to form an intimate sexual relationship with those they are employed to infiltrate and target, or who they may encounter during their deployment. This conduct will never be authorised, nor must it ever be used as a tactic in deployment. That is made clear through the code of ethics for the police as well as the updated law enforcement agency undercover operative authorised professional practice.

I hope that I have explained what the Bill does and what it does not do, and therefore how it is quite specific. On the point about what is on the face of the Bill, it is about locking in the existing regime and other safeguards on the authorisation of a source in the first place. That has to happen first, and then, if it is warranted, justified and fits within the boundaries of the Bill, there is the criminal conduct authorisation that sits alongside it, which has to be subject to the earlier authorisation.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Does the Minister agree that sexual assault and rape are clearly prohibited by article 3 of the Human Rights Act? Does he recognise that the importance of the Human Rights Act in providing a safeguard to this Bill means that it would be helpful to hear wider support for the purposes of the Act from across his Government, not just from him on the Front Bench?

[James Brokenshire]

Obviously there is the specific reference on the face of the Bill that I have alluded to, and therefore there is that requirement. As the right hon. Lady will know what the convention rights say, for operational and other reasons I will not go beyond what the convention says. There are very clear issues that I will now, I hope, come on to in that regard that will help to draw this out.

--- Later in debate ---

[James Brokenshire]

I am very conscious that I am now eating into the time of others who may wish to speak, so I will perhaps make some more progress, and we will see where we get to.

The Investigatory Powers Commissioner, and his judicial commissioners, have all held high judicial office. The current IPC, Sir Brian Leveson, was most recently president of the Queen’s bench division and is entirely independent of Government. The commissioners are supported by expert inspectors and others, such as technical experts, qualified to assist the commissioners in their work.

The IPC conducts wide-ranging inspections of public authorities and publishes an annual report on the findings from those inspections. The IPC himself sets the frequency of those inspections, and public authorities are required to provide unfettered access to documents and information. The Bill strengthens the IPC’s role by providing that the IPC must explicitly keep CCAs under review and include information on the use of them in his annual report. The most recent report from the IPC found that in all instances MI5’s authorisations of CHIS participation in criminal conduct were proportionate to the anticipated operational benefits and met a high necessity threshold.

Further, the Intelligence and Security Committee of Parliament has statutory responsibility to oversee the UK intelligence community. Hon. and right hon. Friends on the Committee have a vital role in scrutinising the work of the intelligence agencies, and I am grateful to the Committee for its support for the legislation and welcome its expertise as the House considers the Bill in detail. I also note that Select Committees will equally play an important role in scrutinising the work of law enforcement and wider public authorities.

[Yvette Cooper]

rose—

[James Brokenshire]

On that note, I give way to the Chair of the Home Affairs Committee.

[Yvette Cooper]

I am very grateful to the Minister, who has been very generous with his time. Clearly he makes the case that we need to continue with covert intelligence, particularly on extremist groups that may be proscribed. Associating with them in any way is currently a crime, so clearly he makes a strong case for legislation to ensure that such intelligence can continue in the interests of national security. I know that he recognises, though, that having safeguards is also in the interests of national security and of the intelligence agencies and the police.

The safeguards in place on the Investigatory Powers Commissioner in the Bill are still very vague. It is very broad and very much retrospective, as opposed to concurrent assessments. Will the Minister look again at the potential for amendments on authorisation and very timely oversight, and on strengthening the measures on Investigatory Powers Commissioners, so that it is possible to get the details of the legislation right?

[James Brokenshire]

Obviously, we will have continued debate during the passage of the Bill. I believe that it provides strong oversight and governance, but I will continue to reflect. Judicial approval is an important safeguard for the operation of some of our investigatory powers; however, it is not the only way to provide a robust oversight of a power. It is important to recognise the context of this: we are talking about human beings. Some challenging issues operate around this space, which is why we judge that robust retrospective oversight is the right approach, but I will keep the timeliness of that, and how it operates, under reflection so that perhaps further reassurance can be provided, specifically on the point of how soon oversight can occur after an authorisation has been made.

Oral Answers to Questions

Yvette Cooper Excerpts

Monday 28th September 2020 Commons Chamber

[Priti Patel]

I welcome the hon. Lady’s question and also the report that she is referring to. We have seen the report and I will absolutely commit to a meeting with her and her colleagues. It is quite clear that we as a Government and we as individuals are committed to tackling the harm and exploitation that is associated with prostitution. Of course our priority is to protect those who are exploited and to protect vulnerable people, and there are certainly some very practical ways in which we can do that.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I join the tributes to Sergeant Matt Ratana. No one should ever underestimate the bravery of police officers and the risks they take to keep us all safe.

Last week, the Select Committee heard evidence from the counter-extremism commissioner and the national counter-terror chief on the way in which extremists have exploited the covid crisis, and they called for new, co-ordinated action against extremism to be set up through a taskforce led by the Home Secretary. That is something that was first recommended over a year ago. Does the Home Secretary agree that we need this co-ordinated action as part of the vital work to protect our national security, and if so, why has the taskforce not yet been set up? Why has it not yet met?

[Priti Patel]

I met Sara Khan last week and had a very constructive discussion with her about ways of working—not just the work of the taskforce but the entire field of counter-extremism, the work that is associated, and the lessons to be learned from the past. Obviously we are using the expertise of the Committee itself to look at learnings and how we can address the threat spectrum across the board. We have many experienced practitioners in this field and I am working with Sara Khan and others to develop learnings and look at the approach that we are going to take.

Birmingham Attacks and Extinction Rebellion Protests

Yvette Cooper Excerpts

Monday 7th September 2020 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee, Yvette Cooper.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I join both Front-Bench spokespeople in sending a strong message from this House about the importance of a free press in our democracy. Stopping newspapers being distributed in this way was completely wrong.

The Minister obviously needs to work with police and crime commissioners. I know that he will not want to misrepresent them in any way. We should all across this House send our sympathies to the families of those affected by not only the awful attack in Birmingham but the shocking shooting in Suffolk. The Minister will know that there is serious concern about the rise in violent crime. We have heard reports of some violent crimes being downgraded, to be treated with community resolutions and out-of-court settlements instead, as a result of long court delays during the covid crisis. Can he tell me what the Home Office is doing to monitor that, and could he send the latest figures to the Select Committee?

Intelligence and Security Committee: Russia Report

Yvette Cooper Excerpts

Wednesday 22nd July 2020 Commons Chamber

[Mr Speaker]

I am not quite sure that that fits in with our subject, so what I am going to do is move on to Yvette Cooper, the Chair of the Home Affairs Committee.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I served on the ISC in the late ’90s. We had a big Labour majority in Parliament and a Conservative Chair, the much-respected Tom King. There is a long tradition of Members of both Houses putting aside party politics to engage in independent scrutiny of the vital work that our intelligence agencies do and, crucially, to work in support of the national interest. The Government put that at risk at their peril, so can the Minister answer the question put by the current ISC Chair, the right hon. Member for New Forest East (Dr Lewis)? Will he now rule out any attempt at Government interference in the work of the ISC, any political appointments to its secretariat and any special advisers to be appointed by him? Will he rule that out now, yes or no?

Windrush Lessons Learned Review

Yvette Cooper Excerpts

Tuesday 21st July 2020 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee, Yvette Cooper.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

What happened to the Windrush generation at the hands of the British Home Office was deeply shameful. I welcome the Home Secretary’s commitment to fundamental reform of the culture and the processes in the Home Office, and her commitment to change the way the Home Office works. I also welcome the openness to scrutiny to which she referred. We on the Home Affairs Committee will welcome further details from her of her plans.

The Home Secretary referred to the Home Office needing to have a humane face, and that must start with those who have been most badly wronged. As she will know, there are still huge delays in the compensation process. I have had two more cases given to me this afternoon of people who have been waiting for over a year. They are still waiting, but are unable to get any response from the Home Office about what is happening to their cases. We are hearing of case after case where that is happening. Will she now urgently review the operation of the compensation scheme, so that initial payments can be made far, far more quickly? This is an ageing generation. It is urgent that they get support.

Oral Answers to Questions

Yvette Cooper Excerpts

Monday 13th July 2020 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee on Home Affairs, Yvette Cooper.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Thank you, Mr Speaker. The Select Committee has repeatedly called on the Government to include care workers alongside NHS medical staff with regard to this year’s free visa extension following covid-19. By refusing to do so, Ministers have cost those frontline workers thousands of pounds. Does the Home Secretary’s decision to exclude social care workers from the health and care visa mean that they will also have to pay the immigration surcharge up front? If so, why is it fair for them to have to find many more thousands of pounds up front as well?

[Kevin Foster]

To be clear, the health and care visa will, by definition, include various areas in the care sector. As I touched on in response to the shadow Home Secretary, our vision for the future of the care sector is about providing rewarding opportunities to UK-based workers, not basing it purely on immigration.

Domestic Abuse Bill

Yvette Cooper Excerpts

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

We need to address those evidence gaps before we are in a position to take well-grounded decisions on how best to protect these victims in the long term. That is why the Government are launching a £1.5 million pilot: the support for migrant victims scheme. As I announced on Second Reading, the purpose of the pilot is to determine how we can ensure that victims can obtain immediate access to support, and that any future strategy meets the immediate needs of victims and is fit for purpose.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I welcome the points that the Minister has made on other topics, but on this one, if she wants to do further research and investigation why not just lift the provisions and requirements on no recourse to public funds in the meantime, until the research is completed and she has more information about what she wants to do next?

[Victoria Atkins]

The right hon. Lady makes a point that I know would, at first blush, be attractive, but the problem is that we do not have that bedrock of evidence. We are coming to the Dispatch Box with an open heart, and I hope that it is acknowledged across the House that that has been our approach throughout the Bill proceedings. I do not know whether she has had a chance to read the report that we published last week into the work that the Home Office has done. There has been some very good work by charities, through the tampon tax funding and so on, but we are unable to put in the figures that we need to in order to undertake the sort of reform that she is urging upon us. We must have the data to ensure that anything that we are putting forward in the longer term best meets the needs of victims and is sustainable.

A person who comes to this country on, for example, a six-month visitor visa falls under one of the categories that one of the witnesses gave evidence to the Joint Committee on, in the evidence that was given to us as part of this review—the Southall Black Sisters. The right hon. Lady will know that people on visitor visas, who may be here for six months, will have made representations to the Home Office specifically on their financial circumstances, and we want to ensure that we can treat such people fairly and give them access to the help that they need. It is why we are very keen to focus on support rather than to follow the urgings of others that we deal with immigration status before we look at support. We want to help these victims to access help first and foremost as victims.

The pilot programme is to determine how we ensure that victims can obtain immediate access to support, and that any future strategy meets the immediate needs of victims and is fit for purpose. Support for migrant victims is a very important issue for all of us. We recognise that, which is why we are committed to launching the pilot project as quickly as possible. We are currently reviewing the options for implementing the pilot and expect to make further announcements in the summer, ahead of its launch in the autumn. We must resist the urge to act before we have the evidence on which to base comprehensive proposals, to ensure that measures are appropriate.

As I say, I want to give plenty of time to Members to debate the Bill at this important stage of its scrutiny. Before I do, I thank hon. Members—I hope I do not speak too soon—for the very constructive, collegiate approach we have taken, all of us, on this Bill. I know some very different viewpoints may be held on particular issues that will be debated in this Chamber this afternoon, but I know that the House will keep at the forefront of its mind that we are debating this Bill because we all want to help victims of domestic abuse and we all want the abuse to stop.

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[Mrs May]

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

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

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

[Yvette Cooper]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Caroline Nokes]

I welcome the opportunity to speak once more on the Domestic Abuse Bill—I have done so several times now. It is an honour to follow my right hon. Friend the Member for Maidenhead (Theresa May), who has given so much passion and commitment to this incredibly serious issue, and the Chair of the Home Affairs Committee, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), who has demonstrated ably that it is possible to work on a cross-party basis, even convincing me to add my name to some of her amendments. She makes a good case about the importance of identifying and registering serial perpetrators of domestic abuse, so that victims can be forewarned of what they are potentially getting themselves into.

I am conscious that many Members wish to speak, but I am also conscious that we are missing the hon. Member for Canterbury (Rosie Duffield), who has spoken so passionately in this House. I hope that, this afternoon, all of us can be a voice for her. My hon. Friend the Minister has worked incredibly hard on this Bill, and during its passage she has still made time to listen to many Back-Bench Members who have wanted to raise their concerns. I appreciate that she has brought forward a series of amendments on Report which demonstrate that she has been listening, and in those areas where she has not been able to bring forward amendments and new clauses, she has still shown commitment. I use as an example the conversations I have had with her about the fact that domestic abuse should be recorded whatever the age of the victim. She has undertaken to continue to work with the Office for National Statistics. We know that, tragically, abuse can occur at any age—just being a pensioner does not make someone immune or exempt. It is crucial that we have the statistics and that she continues that work so that we can understand the full scale of the problem.

I am relieved to see the inclusion of new clauses that give greater protection to children who witness abuse and the commitment on housing victims of abuse. Finally, after an incredible pincer movement by the right hon. and learned Member for Camberwell and Peckham (Harriet Harman) and my hon. Friend the Member for Wyre Forest (Mark Garnier), we have new clause 20, which will bring to an end the so-called rough sex defence. That new clause and much of the other work that has gone on shows that this place is better when we can put aside the adversarial nature of the House and ensure that we find cross-party solutions. However, inevitably, I will turn to some of the areas on which we have failed to find cross-party solutions and consensus.



My hon. Friend the Minister will be aware of my new clause 34, which seeks to make it an offence to threaten to disclose private photographs. We all know from the debates that we have had and the representations that we have received that abuse occurs in many forms. It can be financial. It can be the withdrawal of a passport. It can involve mental control and coercive control. It is already an offence to share private intimate images or films. My new clause seeks to make it a specific offence to threaten to do so, because that is part of the mental control that abusers use over their victims. It need not necessarily be an actual act but can be the threat of an act.

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[Yvette Cooper]

In the last few minutes remaining, I want to thank the Government for bringing forward this important Bill and for listening. I thank Ministers and the Labour shadow Front-Bench Members, who have been such passionate advocates for improvements to the Bill. I also thank Members across the House who have tabled important amendments, proposals and reforms, and have very much come together in the kind of cross-party spirit that we would expect in dealing with such a terrible crime—a crime that destroys lives and haunts children’s futures for very many years to come.

We have already come a long way since the Home Affairs Committee’s report on domestic abuse two years ago, and since I raised with the former Home Secretary, the right hon. Member for Maidenhead (Mrs May), questions about having a domestic abuse commissioner back in—I think—2012. We have seen great progress as a result of cross-party working and the decisions that the Government have taken to put these measures into practice. We all owe thanks to the many organisations that work so tirelessly every single day to support domestic abuse victims right across the country and to rescue families, put lives back together and give people a future.

I join the tributes to my hon. Friend the Member for Canterbury (Rosie Duffield). Her words and her bravery in speaking out have already provided great comfort and growing confidence to many other people across the country who have experienced something similar. Her reaching out and saying, “You are not alone”, has been extremely powerful.

We also need to think with some humility about what happens next. Although we may have come together and agreed legislation, legislation does not solve everything. This is not just about how legislation is used, but about how Government policies work, how partnerships work and how things happen right across the country. That humility should be even greater at this moment, because we have come together to say how important this legislation is at the same time that domestic abuse has been rising during the coronavirus crisis. It is to all those who are still suffering that we owe an ever greater commitment to help them and to rebuild their lives.

[Robert Buckland]

On a point of order, Madam Deputy Speaker. I want to place on the record my thanks to all the officials who have laboured very hard in both the Home Office and the Ministry of Justice on this matter, and I seek your guidance on how to do so.