Covid-19: Support and Accommodation for Asylum Seekers

Chris Philp Excerpts

Monday 29th June 2020 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

(Urgent Question): To ask the Home Secretary if she will make a statement on support and accommodation for asylum seekers during the covid-19 pandemic.

Thank you, Mr Speaker, for those kind words; they will mean an awful lot to my constituents.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

My thoughts and those of the Home Secretary and, I am sure, the entire House are with the victims of the appalling knife attack that happened in Glasgow on Friday afternoon. I would like to pay tribute to the brave first responders who, as always, ran towards danger to protect the public. They include Police Scotland hero David Whyte, who was very sadly seriously wounded. The suspect has been named as Badreddin Abadlla Adam, a 28-year-old asylum seeker originally from Sudan. The House will appreciate that I am able to provide only limited information on this case while the investigation is under way, but I can talk about the United Kingdom’s proud history of supporting asylum seekers.

Last year, the United Kingdom made 20,000 grants of protection or asylum, one of the highest numbers of any country in Europe. We welcomed more than 3,000 unaccompanied asylum-seeking children, the highest number of any country in Europe. Indeed, it made up 20% of Europe’s UASC intake.

The UK has a statutory obligation to provide destitute asylum seekers with support while their case is being considered. While asylum cases are being considered, asylum seekers who would otherwise be destitute are provided with free accommodation. The utilities are paid for, council tax is paid for and free healthcare on the NHS is available. Free education is available for those with children, and there is a cash allowance to cover other essential living needs, which recently increased by 5%, considerably more than inflation. The package needs to be viewed as a whole.

During the coronavirus pandemic, we have stepped up the help available to go beyond the statutory requirements that I have just laid out. We have paused the usual practice of asking people to move on from supported accommodation when their asylum claim is decided either positively or negatively, so that they can remain in supported asylum accommodation. As a consequence of that decision, which was implemented on 27 March, around 4,000 more people are in supported accommodation than was the case at the end of March, because people are still coming into the system, but nobody is moving on. We have therefore been frantically procuring additional accommodation around the country to meet that additional need. The circumstances in Glasgow are slightly different, but I suspect we will come on to the specifics of Glasgow, so I will answer those questions in due course. That is the principal measure we have taken to ensure that people seeking asylum have been looked after and protected during the coronavirus epidemic.

Where we have procured additional hotels, we provide full-board accommodation, including laundry services, personal hygiene products and feminine hygiene products. Wrap-around services are also provided, including welfare support, healthcare and access to mental health services. Asylum seekers also have 24-hour-a-day access to assistance via Migrant Help through a freephone number.

We are working at pace to increase the available accommodation so that we can move asylum seekers from hotels into more permanent accommodation as quickly as possible, which I think we would all agree is more suitable. Efforts are currently under way to do exactly that. Over time and in due course, we will be returning to a business-as-usual approach in a phased, proportionate and careful way.

We are committed to ensuring that vulnerable asylum seekers are provided with all the support they require. As our nation has been battling coronavirus, we have continued and will continue to look after asylum seekers. We will continue to drive forward the reforms required to support those asylum seekers who are in genuine need. I commend this statement to the House.

[Alison Thewliss]

There have been two deaths in hotel accommodation in Glasgow Central since the start of lockdown: Adnan Elbi in McLays Guest House at the start of May, and Badreddin Abadlla Adam, who was shot dead on Friday after carrying out a shocking knife attack, which left three asylum seekers, two Park Inn hotel staff and Police Constable David Whyte in hospital. My thoughts are with them and their loved ones, and my thanks go to the emergency services who so bravely and swiftly dealt with a terrifying situation.

The Minister came to the House less than two weeks ago to hear the concerns raised by my hon. Friend the Member for Glasgow South West (Chris Stephens). Our concerns persist. At the start of lockdown, the Home Office contractor Mears moved 321 people from initial accommodation in serviced flats across Glasgow into city centre hotels. It did not consult, as it is obliged to do, with Glasgow City Council or anyone else. Contrary to the oral and written evidence to the Home Affairs Committee by Mears boss John Taylor, those people included pregnant women, trafficked women, torture victims, family groups and vulnerable people, young people included, two of whom ended up in hospital on Friday. They were given little notice: according to the Scottish Refugee Council, one family with food on the hob and clothes in the washing machine were given half an hour to gather their belongings.

One of my constituents was a friend of Adnan, who died in McLay’s Guest House. He has faced extreme trauma because of that and has asked to be moved, but is still in that guest house two months later.

I have some questions for the Minister. First, which Whitehall source led the BBC to report that three people had been found dead, which was not true and caused a great deal of distress in my constituency? Mears has misled Committee members—elected Members—and has now admitted that no vulnerability assessments were carried out. When did the Minister find out that Mears had lied to everybody about this, and will he suspend its contract? Will he immediately reinstate the meagre £5.37 a day to allow asylum seekers a small but important degree of dignity? Will he halt any evictions while this outbreak is going on? Will he work with Glasgow City Council, organisations in Glasgow, the Scottish Government and asylum seekers themselves to return them to appropriate accommodation as soon as possible? Will he authorise an independent inquiry into asylum accommodation, which is very urgently needed? Lastly, will he take responsibility and apologise for a saga that has heaped trauma on to already vulnerable people in Glasgow and across the UK?

[Chris Philp]

I thank the hon. Lady for those questions. She started by asking about the move of 321 people in Glasgow from serviced apartments into hotel accommodation, which occurred around the end of March. That was a separate process from the one I described earlier, involving the extra 4,000 places. The contractor, Mears, moved those 321 people from the serviced apartments into hotels because it was judged that, as the coronavirus epidemic took hold, the serviced apartments were not appropriate and not safe. It was done for safety reasons, and that has been entirely borne out by the subsequent statistics. Glasgow accommodates slightly over 5,000 asylum seekers, as the hon. Lady will know—many of them are in her constituency—and during the coronavirus epidemic over the last three months or so, of those over 5,000 service users, only two have tested positive for coronavirus, and both, I am pleased to say, have fully recovered. Among those people accommodated in hotels there has not been a single confirmed case of coronavirus. So the steps being taken to safeguard the public, and to safeguard the asylum seekers in particular, have been successful.

The hon. Lady asked about the plans for the future, and I can confirm that it is our plan to move people out of those hotels into more regular mainstream accommodation as quickly as possible. That was always the intention; it was only ever a temporary measure, and that applies to hotel accommodation, of course, in the rest of the United Kingdom as well as in Scotland. But I would say that these hotels are of good quality. The one involved on Friday was a three-star Radisson hotel; it was a good hotel with substantial facilities, including en suite showers for every single room.

The hon. Lady asked about evictions and whether people are being asked to move on, as would ordinarily be the case. That is currently not happening, as she knows, following the announcement on 27 March, but in due course, as life returns a little bit more to normal and now that the ban on moving home has ended, we will be returning to normal over time, but it will be done in a very careful and phased way. Nothing will be done in a rush, and I would point out that those who have successful asylum grants will actually be better off with universal credit when they move on, so it is in their interests as well.

There are a number of questions that the hon. Lady and her colleagues from Glasgow asked me in a letter dated a week ago today, 22 June. I do now have detailed answers to all those questions. I will be sending them in writing, to the hon. Member for Glasgow South West (Chris Stephens) in the first instance, in the next 24 to 48 hours, and then meeting with all Glasgow MPs who wish to meet her to go through those in detail either later this week or at the latest early next week.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

May I start, Mr Speaker, by associating myself with the sympathies you offered to the people of Glasgow on this horrible attack?

I agree with my hon. Friend the Minister that we have a proud history of helping those most in need. Does he agree that those who abuse asylum make it harder for those who are genuinely vulnerable, and so can he confirm that the Home Office is committed to reforming the system, so that it can make swifter judgments and truly work for those most in need?

[Chris Philp]

I thank my hon. Friend for his question, and he is right. Some asylum claims are meritorious—obviously, many are—and we should work quickly and humanely to grant those applications and offer help on integrating into UK society. But where there are meritless asylum claims, we need to make sure those are equally identified and rejected quickly, because it is unfair on the British public as a whole and on genuine asylum claimants if unmeritorious claims take up too much time in our system.

[Holly Lynch (Halifax) (Lab)]

Let me start by thanking the hon. Member for Glasgow Central (Alison Thewliss) for securing this important urgent question and the Minister for his initial response. Once again, I wish to pay tribute to the extraordinary bravery and dedication of our emergency service workers. I know that the whole House is united in sending our gratitude to PC David Whyte and our best wishes for his recovery, just as we send our best wishes for the recovery of all those injured in this tragic attack. PC Whyte was part of a policing team who responded quickly and skilfully to keep people from danger, and he and his colleagues will have our heartfelt admiration and respect. Working alongside our magnificent NHS, they were able to save lives on Friday, but this worrying incident clearly poses a number of serious questions.

We are sympathetic to the speed with which additional accommodation has had to be sought for asylum seekers, at different stages of the asylum process, in the interests of public health going into lockdown. However, this tragic attack is an important reminder of why it is vital to deliver the correct, balanced approach to housing and related support services for asylum seekers, as well as supporting the wider community. As a result, there are a number of questions I would like to ask the Minister.

At the weekend, the Home Secretary suggested that this type of accommodation had been allocated because of the covid-19 crisis. However, we know that there is an ongoing problem, which predates the crisis, of people having been housed in what is deemed to be “initial accommodation” for prolonged periods before being moved into more appropriate dispersal accommodation. Can the Minister clarify how many asylum seekers are in initial accommodation compared with the number in dispersal accommodation across the country? Will he update the House about the duration of stays for asylum seekers at the Park Inn hotel in Glasgow? Will he share with the House what vulnerability and risk assessments the Home Office and service providers are currently conducting when placing people in asylum support accommodation, in order to ensure that people have the support they need, including access to mental health support? Finally, what work is being undertaken to identify the risk factors that could have been spotted in this attacker, and how will that change future practice?

[Chris Philp]

I thank the shadow Minister for her question. I should take this opportunity to welcome her to her place, and I look forward to many exchanges across the Dispatch Box in the months and, perhaps if we are lucky, years ahead. She asked about the numbers of people being supported in asylum accommodation. We currently have 44,000 people being supported under section 95 of the Immigration and Asylum Act 1999 and some 4,000 people being supported under section 4; pre-coronavirus, we had about 48,000 people supported. The number has increased dramatically in the past four or five years—it has almost doubled in that period—so we are growing our asylum accommodation estate in order to cater for that growth. Of course, we are trying to get people into dispersed accommodation—the more stable accommodation—as much as we can. As my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) alluded to in the previous question, the more we can make sure we can look after meritorious claims quickly but dismiss unmeritorious claims, the less pressure there will be on asylum accommodation in the first place.

Every asylum seeker is subjected to a risk assessment, on health and on other grounds, at the point of receipt into the system. I do not want to comment too much on this individual’s case, but when he first made one of his asylum claims—he made two—he flagged a health vulnerability, but it was a minor physical vulnerability, not anything that could have had anything to do with what happened on Friday. I assure the hon. Lady that those assessments do take place and there are round-the-clock facilities for asylum seekers to report any health or any issues that they may have.

[Bob Blackman (Harrow East) (Con) [V]]

I thank the Minister for his answers thus far. Clearly, he is right to extol the virtues, which we in this country hold dear, of extending our hands and arms to those who are fleeing and who are extremely vulnerable. Many of them will have come from war-torn areas of the globe. Some of them will be dangerous to other asylum seekers and the British public, so what measures will he look at to assess those individuals’ risk of violence towards the British public and other asylum seekers?

[Chris Philp]

My hon. Friend, as always, makes a very good point. As I said in response to the shadow Minister a moment ago, risk assessments take place at the point of arrival and on an ongoing basis. I assure him that with asylum seekers, whenever UKVI identifies risk to others, appropriate action will always be taken. Everybody’s vigilance will be elevated to even higher levels after the incident on Friday.

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

This was a devastating incident, and we, too, wish all six who are in hospital a full recovery. We pay tribute to Constable Whyte and his colleagues in the emergency services for their bravery. Our thoughts are also with the wider asylum community in Glasgow.

My hon. Friend the Member for Glasgow Central (Alison Thewliss) is absolutely right; there must be an independent inquiry, because huge questions persist as to why there was a mass move to hotels, how it was implemented and the extent to which vulnerabilities were or were not assessed. A huge gap has grown between the system that the Minister describes and reality as it has been described to us by people working on the ground.

For now, our focus must be on supporting people, so will the Home Office contribute funding for vital counselling and other support? Will the Minister reinstate even the pitiful cash support for individuals who are still in hotels? Will he ensure that the exit strategy is shared and consulted on with Glasgow City Council and other key partners? Will he maintain the pause in evictions? Will he speak to the leader of Glasgow City Council—a vital partner—as well as the Scottish Government? Finally, will he acknowledge that people are angry about what has happened, and that there are concerns that the Home Office’s approach to the asylum system has become so hands-off that it risks becoming a Cinderella service?

[Chris Philp]

The hon. Gentleman asked whether we would have discussions with Glasgow City Council about the ongoing asylum accommodation estate in that fine city, and of course we will. I believe that discussions took place this afternoon—in the last two or three hours—between Home Office officials and Glasgow City Council on the very topic of moving people out of hotels and into more stable accommodation.

The hon. Gentleman mentioned healthcare. Healthcare for asylum seekers, wherever they may be in the country, is taken care of by the local NHS or, in the case of Glasgow, by the Bridge Project, which is co-ordinated by Glasgow City Council. I have every confidence in the service that Glasgow City Council and the NHS in Scotland provide.

The hon. Gentleman asked about meeting Glasgow City Council, and I would be very happy to meet the leader of Glasgow City Council at any time. As I mentioned, I will be meeting Glasgow MPs, if not later this week, certainly next week. On the question of restarting move-ons, I have been very clear that as the country returns to normal, so we would expect the asylum system to return to normal. In a measured, phased and careful way, we will return to the system as it was before, which worked extremely well, but we will be extremely thoughtful in the way we do that.

[Simon Fell (Barrow and Furness) (Con)]

What marks a society out is how we treat our most vulnerable. I believe that the UK has a strong track record and should be proud of being one of the few countries during the covid lockdown still to take in unaccompanied minors. However, I am concerned about what happens next year if we do not have replacement schemes in place. Can my hon. Friend give me assurances that those schemes will continue next year, especially for unaccompanied minors and for family reunion?

[Chris Philp]

My hon. Friend is right to draw attention to our extremely proud record. I have already referred to the fact that we took in more unaccompanied asylum-seeking children last year than any other European country. We also took in some Dublin children during the coronavirus epidemic. About six or eight weeks ago, we took in a number of them from Greece who had been accommodated in the camps. We were pretty much the only European country allowing Dublin returns of that kind during coronavirus, which says a great deal about this country’s proud track record.

In terms of the future, clearly we are in the process of negotiation at the moment. An amendment to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill on Report tomorrow has been tabled but, as required by statute, the Government are negotiating with the European Union in good faith to secure a replacement agreement for Dublin, to allow the reciprocal reunification of unaccompanied children—in both directions. A few weeks ago, we tabled a detailed legal case to facilitate that, and more negotiations are happening this week, I believe. I am sure that all of us in this House hope that those negotiations on a reciprocal basis are successful.

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

We will debate those issues tomorrow. It is important that there are guarantees that young people can join family who are here and who can care for them, whatever reciprocal arrangements are in place.

May I ask the Minister specifically about support for asylum accommodation? I join with you, Mr Speaker, and Members across the House in sending our best wishes to those affected by the awful incident in Glasgow. The Home Affairs Committee has been told repeatedly of serious concerns about asylum seekers being left in hotel accommodation for long periods and about the rushed move of so many people into hotel accommodation in Glasgow during the crisis. Given that the Minister must have been asked about and consulted on those moves of people into hotel accommodation, why did he not consider providing additional financial support—otherwise it is withdrawn from people in hotel accommodation —that they could have used for things such as hand sanitation, additional food needs or basic provisions that they could not get?

[Chris Philp]

The reason for the rapid move, which we discussed earlier, around about the end of March, was the unsuitable conditions in the serviced apartments. That is why those 321 people were moved. As I said, it has been successful in that not a single one of the people moved into hotels in Glasgow has tested positive for coronavirus.

The right hon. Lady asked about the financial element. When someone is in dispersed accommodation or a serviced department, they get the allowance, which is principally to cover food and some other essentials. When they move into a hotel, all those things like food, the hand sanitiser she referred to, hygiene products, laundry services and so on are provided by the hotel, removing the need for the cash grant.

[Anthony Mangnall (Totnes) (Con)]

I, too, associate myself with your remarks at the start of the debate, Mr Speaker, to the people of Glasgow and the victims of last week’s atrocious act. This Government have been committed to supporting asylum seekers and children. What steps will the Minister’s Department take to assure councils of future support mechanisms for children?

--- Later in debate ---

[Chris Philp]

Looking after unaccompanied asylum-seeking children is extremely important. As a Member of Parliament representing Croydon, which has either the highest or second highest number of UASCs, I have seen at first hand how much care and support they often need. My hon. Friend asked about support for councils doing that. He may be aware that a few weeks ago, earlier in June, we announced a substantial increase in the funding for councils looking after unaccompanied asylum-seeking children and care leavers. Councils with the largest number of unaccompanied asylum-seeking children will get a 25% increase in their funding this year. All councils with care leavers will get increases of between 20% and 60% in their funding, which is a powerful demonstration of this Government’s commitment to ensuring that children are properly looked after.

[Christine Jardine (Edinburgh West) (LD)]

I, too, associate myself with your remarks earlier, Mr Speaker, about our sympathy being with the people of Glasgow and in particular our admiration for Constable Whyte. I also associate myself with the remarks made by the hon. Member for Glasgow Central (Alison Thewliss), particularly when she talked about the concerns that had already been expressed—the mental health concerns—by the Scottish Refugee Council and others about the conditions in which asylum seekers are being asked to live. Will the Minister consider a full public inquiry into what happened in Glasgow, so that, as we move away from what are, as he acknowledges, abnormal conditions at the moment—including the dreadful conditions we have seen in Glasgow —we can start to treat and look after asylum seekers in a much more acceptable manner that allows them their dignity and to be regarded as people who can contribute to society?

[Chris Philp]

There is currently a police investigation under way, so the right thing is to wait for the outcome of that investigation by Police Scotland before making any further comment. On the conditions that asylum seekers live in, as I have said, this country has an extremely proud history of looking after asylum seekers. We look after them much better than many, if not most, other European countries, with free accommodation, council tax paid for, utilities paid for, NHS treatment provided free, education provided for those with children, and a cash allowance in addition. I am proud of our record and am very happy to defend it.

[Stuart Anderson (Wolverhampton South West) (Con)]

I also echo your comments, Mr Speaker, and my thoughts are with everyone in Glasgow impacted by the incident.

Wolverhampton City of Sanctuary have been doing great with asylum seekers throughout the covid-19 pandemic and have been brilliant at making sure everyone is connected with each other during this difficult time. At the end of the pandemic, will my hon. Friend come and meet them to see the great work they are doing in Wolverhampton?

[Chris Philp]

I congratulate my hon. Friend and the fine city of Wolverhampton on their work. It sounds like they are setting an example to the rest of the country in how to manage this matter with compassion and sensitivity. I would of course be delighted to learn more about the work that he and his colleagues on Wolverhampton City Council are doing.

[Jim Shannon (Strangford) (DUP)]

On behalf of the DUP, I associate my hon. Friends and myself with the comments about the events in Glasgow. All of the United Kingdom of Great Britain and Northern Ireland are united in support of those who need help.

I have highlighted in the past to the Minister the discrepancy whereby those who are reliant on the welfare system have seen just a temporary rise of 26p. They do not understand, and to be truthful neither do I. I know he wants to help, which is very important, but what additional help and support is available at this time of fear, especially for those who do not understand the system, so that they can source all the financial assistance they need to survive?

[Chris Philp]

I say again that the cash amount, which went up by 5%, is only one small part of the support package, which includes free accommodation, council tax paid for, utilities paid for, free healthcare and free education. One has to look at the package in the round. He asked rightly about the advice and assistance available to migrants. There are helplines available through Migrant Help and other organisations via free phones available in these hotels and other places of accommodation, so that where they need assistance and advice they can access it. Of course, asylum seekers are also eligible for the more general support available to the whole of society via local authorities, which have received £3.2 billion to assist those in need at this time of national difficulty.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Through our aid spending, the British people play a leading role in supporting millions of refugees all over the world, including through the £2.8 billion we have committed in response to the Syria crisis. Does my hon. Friend agree that aid spending in conflict zones goes an enormous way to stopping people needing to seek asylum and reducing the trade of people traffickers?

[Chris Philp]

My hon. Friend is right. Every pound that we spend helping vulnerable people in a conflict zone can help far more people, and often those people are more vulnerable than those who come to the UK. Our money is most effectively spent in those conflict zones, which is why we are the only G7 economy to spend 0.7% of GNI on overseas aid, why we are the second biggest donor in the Syria region, and why we help so many people. I think our aid budget is the biggest or the second biggest of any European country. That is a measure of this country’s passion. It is through that programme that we can help the largest number of people in need.

[Joy Morrissey (Beaconsfield) (Con)]

Can my hon. Friend confirm that maintaining law and order and keeping the British public safe remain this Government’s top priority? Can he confirm that our asylum policy will always be in keeping with that ethos?

[Chris Philp]

Yes, I can categorically confirm that. The safety of our citizens is this Government’s highest priority. Where people, including asylum seekers, commit very serious offences, we will take appropriate action through the criminal justice system. But if someone who has been granted asylum commits a very serious offence, we are able, consistent with the refugee convention, to seek to remove that person. If somebody comes here and accepts our welcome and our hospitality but then commits a very serious criminal offence, endangering the public, it is right that that person should be eligible for removal, as allowed by the law.

[Chris Stephens (Glasgow South West) (SNP)]

Thank you, Mr Speaker, for your kind words to the people of Glasgow. It was a tragic and horrific scene, and it was a traumatic experience for those injured and those caught up in it who were living in the hotel, many of whom have had traumatic experiences in their lives, coming from war-torn countries or as trafficked women. I thank the Minister for committing to a meeting—the quicker the better, as far as I am concerned. I ask this question in general terms, not about the incident on Friday. Can he confirm what Mears confirmed in a press conference on Thursday morning: that those who were placed in hotel accommodation did not have a vulnerability risk assessment? Does he think it is right that trafficked women have been in hotels for 12 months?

[Chris Philp]

The 321 people moved into hotel accommodation in Glasgow have been there for around three months. As I said, work is under way, including this afternoon, between Home Office officials and Glasgow City Council to get them moved back into more regular accommodation as soon as is logistically possible. In terms of risk assessments, I mentioned before that all asylum seekers are interviewed at great length, including about various vulnerabilities, at the point when their asylum claim is made. In terms of ongoing vulnerability assessments, perhaps when people are being moved from A to B, I will have to look into that and get back to the hon. Gentleman.

[Patrick Grady (Glasgow North) (SNP)]

People make Glasgow, and our city remains united in wanting to give the warmest of welcomes to those who choose to make their home among us, but what asylum seekers have experienced during this pandemic is the hostile environment at its absolute worst. The Minister speaks of welcome and hospitality, but the 5% increase he talks of is 26p a day, and that has been withdrawn from the people who have been moved into hotel accommodation. Surely the way to respect their dignity and extend a welcome to asylum seekers is to extend the right to work to them, so that they can contribute to our society in the way that they want to.

[Chris Philp]

I do not for one moment accept the hon. Gentleman’s suggestion that there has been anything hostile in the environment extended to asylum seekers. As I have said several times, but I will say it again, in case he did not hear it, those who come here are given free accommodation, with council tax paid for and utilities paid for, free healthcare, free education and a cash allowance. During the coronavirus crisis, the ordinary operation of the asylum system, where people get asked to move on when their case is decided, has been suspended for the time being. That, in my view, is a compassionate and generous response, and I do not see any reasonable basis for criticising it.

[Rob Roberts (Delyn) (Con) [V]]

Every loss of life is a tragedy, and any crime perpetrated by people coming to these shores is a disaster, but does my hon Friend agree that we must not allow a few bad experiences to turn us into a mean-spirited country and that we should be doing more to support those who come to these shores? To echo the comments of my hon. Friend the Member for Wolverhampton South West (Stuart Anderson), the work of my local Flintshire City of Sanctuary in creating a culture of welcome and inclusion is exactly the approach we should be taking. Will my hon. Friend look further at what can be done in that area?

[Chris Philp]

The sound was a little intermittent, but I think I got the gist of my hon. Friend’s question. I can confirm that we will always seek to extend a welcome to those who are genuinely in need of protection. That is why last year we gave around 20,000 grants of asylum or protection, and of course we want to welcome those people and help them integrate into our society and make a meaningful contribution, as all of us want to. Where there are risks to public safety, we will naturally seek to take robust action to defend the safety of the British public.

[Anne McLaughlin (Glasgow North East) (SNP) [V]]

My constituent fled Syria. He is fragile but he felt safe until the Mears Group told him that he had 30 minutes to be moved to an unknown location because of lockdown. Far from offering the health support that the Minister has described in this utopia he keeps on about, that approach took my constituent right back to the traumatic state he was in when he first fled. We in Glasgow are sick of people being treated like this. What is the Minister going to do, not say, about it, because it is happening under his watch?

[Chris Philp]

The hon. Lady asked about moves at the beginning of the coronavirus epidemic and, as I have explained, that was done for reasons of public health and public safety. I will not apologise for taking steps at the beginning of this very serious health epidemic to protect the health of all the public and of asylum seekers in particular. As I have said, there have been no confirmed coronavirus cases among people living in Glasgow hotels, so that approach has worked.

[Jo Gideon (Stoke-on-Trent Central) (Con)]

I am delighted to say that my constituency of Stoke-on-Trent Central has welcomed many asylum seekers in the past, but does the Minister recognise that areas such as Stoke-on-Trent face huge and increasingly strained demands on our local support networks and that the capacity is not unlimited?

[Chris Philp]

Yes, I do accept what my hon. Friend says. I know that Stoke-on-Trent does a great deal already, for which all of us, I am sure, are very grateful. There are, of course, natural constraints to how much any given city can do, and one of the reasons that I will speed up the whole asylum process is to alleviate exactly those pressures.

[Andrew Gwynne (Denton and Reddish) (Lab) [V]]

Refugees and asylum seekers in the UK are here because their lives are at risk elsewhere and they need a temporary safe haven. Most live here peacefully and without issue for a period of time, but can the Minister clarify how information on those asylum seekers who may pose a threat to themselves and others is shared between the Home Office, councils, and health, police and security services?

[Chris Philp]

As the hon. Gentleman will understand, whenever a risk is identified, it is rapidly shared between all relevant organisations, including those that he listed. He mentioned providing sanctuary. Of course, many asylum seekers who reach here have travelled through safe countries first, particularly France, and it is appropriate for people seeking asylum to do so in the first safe country they get to.

[Scott Benton (Blackpool South) (Con)]

I associate myself with your comments earlier, Mr Speaker, and pass on my best wishes to those who have been sadly affected.

Does my hon. Friend agree that this appalling attack underlines the importance of reforming our asylum policy so that we can stop it being abused with false claims and ensure that those who pose a significant threat to our way of life have their claims rejected and are swiftly deported?

[Chris Philp]

My hon. Friend is right. The system is too slow. It is too slow to grant meritorious claims, but it is also, I am afraid to say, open to abuse with repeated unmeritorious appeals, which often drag the process out over many years. Reform is needed along the lines that he describes and it is something on which we are working.

[Stewart Malcolm McDonald (Glasgow South) (SNP) [V]]

Those of us who represent Glasgow are utterly horrified at the Minister’s tone deaf remarks about how lovely these hotel rooms are. I ask him whether he could stay in one hotel room for several weeks during lockdown. I am afraid to say that the Government have been posted missing on the issue of asylum accommodation in Glasgow, which many of us in the city have been jumping up and down about for several months. What is needed from the Government is an intensive engagement strategy with public bodies such as the council, the health service and the third sector. Given that no Minister has even met the leader of our city council since the Government came into office, will he implement an intensive engagement strategy now?

[Chris Philp]

I look forward to meeting Glasgow MPs next week and the leader of Glasgow City Council shortly.

[James Sunderland (Bracknell) (Con)]

I am generally reassured that asylum seekers receive the necessary support, but it is clear that the process of coming illegally to the UK is fraught with danger. Are we doing enough to disincentivise migrants from making the perilous journey and to bring people traffickers to justice?

[Chris Philp]

My hon. Friend is right. As I said a few moments ago, people should claim asylum in the first safe country that they reach, which very often is not the United Kingdom. Many of the arrivals here have travelled through Italy, Germany, France or many other manifestly safe European countries. They should claim asylum in one of those countries first. They should claim asylum in the first safe country they arrive in. Many of the people who cross the channel on small boats, for example, are facilitated by ruthless and dangerous criminals. We are cracking down on those, prosecuting them and arresting them. We are determined to stop dangerous illegal entry to the country.

[Carol Monaghan (Glasgow North West) (SNP) [V]]

Glasgow is a city that prides itself on welcoming asylum seekers and refugees. Since the shocking events on Friday, Glaswegians have, in typical fashion, voiced their support for the vulnerable people, including families, who were dumped in hotels at the start of lockdown. The Minister has talked about the generosity of the support package, but he must acknowledge that human beings need other things: they need human interactions and the love of their community. They need to feel whole. In May, a Syrian refugee was found dead in a hotel room after reporting that he was struggling with his mental health. The Home Office must have warning systems in place. What are they, and why are they not working like they should?

[Chris Philp]

The case that the hon. Lady refers to is the subject of an ongoing investigation, so we will see what the result of that investigation is in due course. I mentioned earlier that there are 24-hour mechanisms for anyone in asylum accommodation who feels like they are experiencing difficulties to report them, and there are health interventions that can then be followed up.

On the hon. Lady’s more general point about support, many people—asylum seekers and members of the general public—have experienced feelings of distress and isolation during the coronavirus lockdown. That is one of the burdens that we have had to collectively bear as a society in the past few months, but we are thankfully now moving beyond that.

[Bob Stewart (Beckenham) (Con)]

To follow up the question posed by my good friend the Member for Blackpool tower and the winter gardens—my hon. Friend the Member for Blackpool South (Scott Benton)—how long after someone’s application to remain has been rejected is it on average before that person leaves our shores?

[Chris Philp]

That varies a great deal, depending on the circumstances of the individual and the circumstances in their home country. I think it is fair to say, however, that the majority as matters stand do not end up leaving. If somebody’s asylum claim is rejected, and once the relevant appeal processes have been exhausted, it is only fair to the British public generally, and indeed to people who claim asylum successfully, that we ultimately ensure removal; otherwise, it makes a mockery of our immigration system.

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP) [V]]

My thoughts are with those injured in the horrendous attack in Glasgow. I commend the bravery of PC Whyte and the officers who moved towards danger in order to protect the public.

Research shows that asylum seekers are five times more likely to experience mental health problems than the rest of the population. I feel that the Home Office’s use of hotels and temporary accommodation is making those problems much worse. Will the Minister commit to an urgent funding package of mental health support for asylum seekers in Glasgow and further afield to ensure that they can recover from this traumatic incident? Does he recognise that they should be treated with dignity and respect?

[Chris Philp]

of course I agree that everybody should be treated with dignity and respect, including asylum seekers. On the health support package, I said earlier that it is provided by the local NHS and, in this case, also by Glasgow City Council and I know that it is doing its job effectively.

[Harriett Baldwin (West Worcestershire) (Con)]

I associate myself with your kind works of support for everyone affected by this incident, Mr Speaker. I want to ask specifically about the number of asylum seekers in supported accommodation who are from Sudan. Will the Minister convey to his colleagues in Government the welcome for the announced pledge to support the Government of Sudan in their transition to democracy, which came through last week?

[Chris Philp]

I know that my hon. Friend has done a great deal of work in this area. The best way to make sure that people are safe and secure is to ensure that the situation in their home countries is stable and safe—that there are democratic Governments and the economies prosper. That is ultimately the way to make sure that people are safe and secure, and this Government are committed to doing that.

[Dame Diana Johnson (Kingston upon Hull North) (Lab) [V]]

Hull is a city of sanctuary. For a number of years, I have convened a roundtable of voluntary and statutory agencies to look at issues around asylum and refugees in the city, including, before covid-19, the use of hotels. One of the issues raised about housing asylum seekers in hotels with no financial support is that if they need an aspirin or a plaster, they end up going to A&E at the local hospital because they do not have the money to buy these everyday essentials. Surely that cannot be right and it is not in the interests of anybody to have those asylum seekers in our A&Es. Will the Minister look into this?

[Chris Philp]

Hotel accommodation is obviously not the preferred way to accommodate asylum seekers. I am speaking from memory, but I think that, prior to coronavirus, fewer than 1,000 people were accommodated in hotels, so less than 2% of the total. As I said, we are looking to unwind the hotel accommodation as quickly as logistics allow. In relation to the provision of basic things like plasters, there are typically welfare officers on hand in these hotels. I will investigate whether they have those sort of supplies available, because the hon. Lady is certainly right that those things should be available in the hotels.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am now suspending the House for three minutes.

Counter-Terrorism and Sentencing Bill (First sitting)

Chris Philp Excerpts

Committee stage & Committee Debate: 1st sitting: House of Commons
Thursday 25th June 2020 Public Bill Committees

[The Chair]

Before we begin, I have a couple of housekeeping points to make. Please make sure that electronic devices are on silent. I am afraid that tea and coffee are not allowed; water is, along as it has not been near a tea bag or any coffee granules. Social distancing must be observed. Our Hansard reporters would be grateful if Members could email any electronic copies of their speaking notes to [e-mail]. Please do remove jackets at any point under my chairmanship as we proceed through the Bill.

We will first consider the programme motion on the amendment paper. We will then consider a motion to allow us to deliberate in private briefly, before moving to the oral evidence session. I hope we can get through these first bits without too much debate. I call the Minister to move the programme motion that was agreed by the Programming Sub-Committee yesterday.

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

I beg to move,

That—

(1) the Committee shall (in addition to its first meeting at 11.30 am on Thursday 25 June) meet;

(a) at 2.00 pm on Thursday 25 June;

(b) at 9.25 am and 2.00 pm on Tuesday 30 June;

(c) at 11.30 am and 2.00 pm on Thursday 2 July;

(d) at 9.25 am and 2.00 pm on Tuesday 7 July;

(e) at 11.30 am and 2.00 pm on Thursday 9 July;

(2) the Committee shall hear oral evidence in accordance with the following table:

TABLE

[The Chair]

Copies of written evidence that the Committee receives will be made available in the Committee Room.

--- Later in debate ---

[Chris Philp]

Q May I first take the opportunity to thank you for your service as Independent Reviewer of Terrorism Legislation, Mr Hall? The whole House is very grateful for the work that you do in this area, and I want to put on the record our thanks to you for doing that.

I am sure we have all read the notes that you very helpfully prepared on this legislation and published on your website at the end of May and the beginning of June. I have them in front of me and have read them with great interest. To start, I want to ask about TPIMs—terrorism prevention and investigation measures—which were the subject of some debate on Second Reading. I want first to ask about the current circumstances in which a TPIM expires and has to be reapplied for from scratch without it being possible to use the previous evidence from two or more years before. Do you think there are circumstances in which public safety may still demand a TPIM beyond the two-year period? Are these proposals a better way of handling it than the current method?

Jonathan Hall: The answer is yes, there are be circumstances in which someone ought to be subject to controls for longer than two years. Yes, there will be circumstances in which it will be appropriate to rely on terrorism-related activity that predates the imposition of the first TPIM. I understand the business case, if you like, for allowing an extension beyond the two-year period. However, the reason I question in the first instance whether it is justified is that it is none the less possible, as the law currently stands, to extend beyond two years. There are two current examples—I will not go into the details—of where a second and fresh TPIM has been imposed.

The practical consequence of the current regime is that some will come off controls, and if they have literally lain doggo and have done nothing for that two-year period, the police and MI5 will have to start assembling a new case, assuming that the person re-engages with terrorism-related activity. There could be a gap period during which that terrorism-related activity is going on, during which the case is being built when they are re-imposed.

If TPIMs were currently imposed against attack planners, I would have fewer observations to make about the ability to extend further. However, in practice, as I said in my note, having spoken to officials, TPIMs are really currently used against radicalisers. It is certainly the case that public safety is not helped by radicalisation activities, but as things currently stand, people subject to TPIMs are not the attack planners, who, if they are free from restrictions, might go and do something very violent. More likely, they will re-engage in radicalising activities. As shown by the fact that two new TPIMs have been imposed, it is currently possible to manage that risk.

I understand the business case, more than I do for the lowering of the standard of proof, which we can come to separately. At the moment, I do not understand why it is needed as TPIMs are currently used.

[Chris Philp]

Q You mentioned that, in the two cases where there have been renewals, there was a hiatus—a gap—between the expiry of the first TPIM and the second coming into force. Could you give the Committee any information about how long that gap was?

Jonathan Hall: Yes, I have worked it out. In one case it was a gap of a year, and in the second it was a gap of 16 months.

[Chris Philp]

Q In those hiatuses—those gaps—of between a year and almost a year and a half, there is clearly a risk to which the public is being exposed. The rationale for the proposed changes is to remove the possibility of that gap.

Jonathan Hall: What I would say is that the risk was managed, as the law currently stands. There was a gap, but in fact, it is not as if something very bad happened from those sources in that period, as far as I can work out, having read the materials that I have read.

[Chris Philp]

Q But it is about risk; not all risks actualise. A risk may exist, but no consequence may follow. What we are trying to prevent with TPIMs is the risk itself. It is fair to say that the risk would have existed in that 12 to 16-month period.

Jonathan Hall: Yes.

[Chris Philp]

Q You mentioned the burden of proof earlier, which I am sure other Members will ask about in due course. With the TPIM regime as it stands, very few TPIMs are actually enforced. Published data, dating back to November last year, said that five were in force at that time. Have you seen any evidence of the Government overreaching, stretching or even misusing the TPIM powers, or would you say that the Government have exercised the powers that already exist with care and circumspection?

Jonathan Hall: The latter. I am quite satisfied that the Government are doing that.

[Chris Philp]

Q So in the context of the Government having behaved responsibly and carefully so far, what basis do you have for being concerned about the change to the burden of proof, given that the powers that have existed for some years now have been used, as you have said, very carefully?

Jonathan Hall: You asked me about the current TPIMs. I cannot speak for all the uses of control orders and TPIMs that have happened before my period. There is a risk that mistakes can be made about assessing intelligence. I have reason to believe that. My concern is that you are opening up a greater margin of error if the standard of proof is lowered. It is a fairness issue based on the authorities having all the cards.

The point that you make, which is that the authorities can be generally trusted to make TPIMs against the right people, to my mind rather demonstrates that a change is unnecessary. The authorities have been able to impose TPIMs, as far as I can see, where they have wanted to. I am not aware of cases where the authorities would like to have imposed a TPIM if the standard of proof had been lower—where they could say, “We think this person’s a terrorist, but they may not be and we’d like to impose a TPIM, but we can’t, because we cannot show on the balance of probabilities.” I am not aware of that sort of case. So I agree that the authorities can be trusted and, at the moment, I think things are working okay.

The regime of control orders and TPIMs has fluctuated over the years since it was introduced. It has been subject to a lot of scrutiny and consideration by my predecessors and by the courts. It has landed in a reasonably good place. The danger about changing unnecessarily is that, maybe not now, but in a few years’ time, you might provoke an overreaction.

I will give an example of that. When the control order regime came in, it was seen as a bit illiberal and that led to the removal of the power to relocate individuals when the TPIM regime was introduced. Eventually, my predecessor David Anderson, the Government and Parliament agreed that it was necessary to bring back that power of relocation. So if you like, there was a period when the public were less safe because the ability to relocate had been removed, and the reason why that ability to relocate had been removed is that it was the reaction to what had been seen as a slightly illiberal measure. If it is right that the current standard of proof is usable and fair, and I think it is, in a word, if it ain’t broke, why fix it?

[Chris Philp]

Q I want to pick up on a couple of those points. We should both try to be brief, because other Committee members want to ask questions. You mentioned that the state holds all the cards, but is it not the case that a judge looks at a TPIM prior to it coming into force and if it is—I forget the phrase—“manifestly unreasonable”, or some test like that, they will strike it down? Secondly, there is, of course, a right of appeal against TPIMs, so anyone made the subject of a TPIM has those two judicial protections in place, do they not?

Jonathan Hall: Yes, but of course if the standard of proof is lowered, the extent of judicial protection is lowered, because the judge will not be asking him or herself, “Was the Secretary of State right to be satisfied on the balance of probability that this person is a terrorist?” The judge would have to say, “Well, in theory, they may not be a terrorist, but the Home Secretary’s view that they may be a terrorist is reasonable,” so you would remove the judicial protection.

[Chris Philp]

Q It would not remove it; it would alter the balance.

Jonathan Hall: Yes.

[Chris Philp]

It certainly would not remove it.

Jonathan Hall: No.

[Chris Philp]

Q You mentioned the original control orders set up in 2005 by the then Labour Government, which had reasonable suspicion as the burden of proof: precisely the same burden of proof being proposed today. The years following, probably between 2005 and 2012, were the years during which the lower burden of proof—the one we are now proposing—was enforced. I know you were not the reviewer at the time, but are you aware of any evidence of misuse in that seven-year period when the lower burden of proof prevailed?

Jonathan Hall: I am not aware of any misuse, but I am aware of circumstances in which the intelligence was misunderstood.

[Chris Philp]

Q Finally, a moment ago you posed the question, “If it ain’t broke, why fix it?”, and you said you were not aware of any cases where a lower burden of proof would have been required to control someone. Of course, we are looking prospectively rather than retrospectively. If there are conceivable circumstances in future whereby someone is potentially a threat to the British public—our constituents, who would need protection from them—and we cannot establish the matter to the higher standard but could for the lower, it clearly would be useful to change the burden of proof.

On Second Reading, my right hon. Friend the Member for New Forest East (Dr Lewis) raised the question of someone who had been a member of Daesh returning from Syria. Of course, if somebody has been circulating in Syria, it is very hard to establish their activities on the balance of probabilities. It is hard to get witness testimony and there will be no intelligence surveillance, but the fact remains that they have been to Syria and done whatever they have done over there. In those circumstances, is it conceivable that, when British citizens who are members of Daesh return from somewhere like Syria, the lower burden of proof might be helpful, or in fact necessary?

Jonathan Hall: I have thought a little about this. It is certainly the case that evidential coverage of what goes on in Daesh-controlled areas will be limited, which is why prosecution is particularly difficult. Intelligence coverage might be more, but it might be patchy. I think that if someone has been in Syria for a long time, it is a pretty obvious inference that they have been up to no good, so I do not think that you would need the lower standard of proof. You would not say, “I reasonably suspect that because you spent five years in Syria, you were engaged in terrorism-related activity.” My own view is that a judge would say, “On the balance of probabilities, you were engaged in terrorism-related activity.” Of course, there will always be some coverage. I do not think that what you said is right, although I see where you are coming from.

[Chris Philp]

Q It is clearly much harder to establish that, on the balance of probabilities, somebody was up to no good in Syria, given that the evidential base is patchy at best and possibly even non-existent.

Jonathan Hall: Yes, but I think that, with respect, what you are missing out is the big factual matter, which would be undisputed, that they were in Syria. The Secretary of State’s starting point would be, “Here is a matter of fact, undisputed, that somebody spent all those years in Syria.” I think that that would provide a fairly good jumping-off point for an inference that they were engaged in terrorism-related activity.

[Chris Philp]

Q They would no doubt argue that they might have been in Syria and might have been members of or living in Daesh territory, but that they were not engaged in terrorist activities expressly, and we would likely have no further evidence to establish that they were.

Jonathan Hall: I think that judges, when they come to consider these matters, are prepared to draw robust inferences. They are not fools. No doubt the Secretary of State would also not be fooled by someone who simply claimed that they were there for humanitarian reasons.

[Chris Philp]

Q I have one further question, which is on a different part of the Bill: the new serious terrorism sentences and the requirement to serve all of those in prison without the prospect of early release by the Parole Board. You commented in one of your notes that the Parole Board would therefore not have involvement in release decisions in the way that they currently do in many cases. Are you reassured by the fact that, although the Parole Board would not take release decisions, the usual MAPPA—multi-agency public protection arrangements —arrangements would be engaged, the Prison Service would closely monitor and evaluate the prisoner prior to release, and of course the probation service would be closely involved both before and after release during the licence period, which is now going to be longer than would otherwise have been the case? Would you accept that the involvement of those agencies, particularly the MAPPA arrangements and the probation service, provide a good level of supervision and evaluation?

Jonathan Hall: The difficulty with terrorism risk is that it is quite difficult to measure. You have actuarial tools to look at whether people who have committed burglary will reoffend, and they are reasonably robust. You do not have those sorts of tools for terrorism. As I probably said in my notes, some of the factors that you normally associate with reoffending—for example, not having a stable family background—do not tend to work so well with terrorism offenders. You find terrorism offenders who come from a stable background and have a job, so it is inherently difficult to identify the probability that someone will reoffend.

The approach that I took when I did my MAPPA review was that the more information, the better. I agree that the probation service, the police and MI5 will be carrying out assessments, but you lose the confrontation that takes place at a Parole Board hearing. As you have probably done, I have attended such a hearing, where there is an opportunity for the chairman to speak to the offender in quite a formal setting. It brings something different to the table, which you would obviously lose. You would definitely have covert intelligence sources, and you would have overt management in the sense of the police being able to speak to the offender, but you would lose the opportunity for a confrontation before they have been released. You are losing something—that is probably how I would put it.

[Chris Philp]

Q You said that it is inherently difficult to assess dangerousness and threat. Given that, is it not safest to get them to serve the whole of their sentence in prison, to be on the safe side? All the Parole Board can do is release them early, and all we are doing is removing the Parole Board’s ability to do that. One loses nothing in terms of public safety. Given the difficulties with assessing threat that you have outlined, is it not safe and prudent as custodians of public safety, which we all are in different ways, to remove the prospect of early release?

Jonathan Hall: The Parole Board has two choices: it could release early, but it could, and often will, decide not to release early and say, “Actually, you’re far too dangerous.” That additional source of information about their risk will then be very useful to the security services when they are eventually released.

[The Chair]

I think that we had better move on. Alex Cunningham.

--- Later in debate ---

[The Chair]

We will now hear from the National Police Chiefs’ Council. Should hon. Members wish to ask a question, it would be helpful if they could catch my eye early in the proceedings, so that I can try to restrict Front Benchers as necessary.

Thank you very much for joining us, Mr Jacques. Could you please briefly introduce yourself and your organisation?

Tim Jacques: I am Tim Jacques. I am an assistant chief constable and I work with counter-terrorism policing here in the UK. I am the deputy senior national co-ordinator.

[Chris Philp]

Q I will try to self-censor, Mr Robertson, for brevity. I will start by asking a general question. Assistant Chief Constable, you are responsible for counter-terrorism policing. Taken in the round and viewed as a whole, will the measures in the Bill make your job easier or harder? Will they make the public less or more safe?

Tim Jacques: It will make our job easier, and yes, I believe it will make the public safer.

[Chris Philp]

Q Good. Thank you. We have heard TPIMs and the burden of proof extensively debated, and we have questions about why the burden of proof should be lower—reasonable suspicion rather than a higher level. Do you think that in future there might be cases where somebody threatens the safety of the public, and you are unable to meet the higher burden of proof on the balance of probabilities, but you could meet the lower burden of proof—reasonable suspicion—and that without this change that is proposed in the Bill, the public would be exposed to greater risk?

Tim Jacques: That is a very long question. On the first point, policing itself is not the applicant for TPIMs; the Security Service is. Am I able to share its view in this forum?

[Chris Philp]

Please do.

Tim Jacques: First—Jonathan touched on this—there have not been occasions thus far when the current burden of proof has prevented the application of a TPIM. In terms of the numbers, there are six now in place in the UK. Neither we nor the Security Service envisage a large increase in those numbers as a result of the provisions in the Bill. The Security Service points to three instances where it thinks this would have utility from an operational perspective. The first is where an individual’s risk profile is rapidly increasing—hypothetically, somebody who we know might be operating online, but our belief is that they are moving towards posing an actual threat on the street with an attack plan in place. If that is very rapid, which it can now be—we have seen instances of that—then being able to use a lower standard of proof is something that MI5 thinks would be of use.

Secondly—Jonathan touched on this too—there is the issue of somebody returning from abroad, who we believe has been involved in terrorist-related activity overseas, and the issues of evidence in that. The Home Secretary can currently impose temporary exclusion orders at the lower standard of proof. If somebody wants to come back and has a right to come back to the UK, they can be imposed on the lower standard of proof. If someone somehow makes it to the UK under the radar or without our knowledge, the higher burden of proof would have to be applied to impose a TPIM. That is the second case that MI5 would point to.

The third issue, which Jonathan also touched on, relates to sensitive material. TPIMs are challengeable and there is an automatic review and so on. The disclosure of sensitive material would potentially compromise sensitive techniques and therefore make our job and that of the Security Service harder, but the lower standard would assist them in their national security role.

[Chris Philp]

Q For those three reasons, you are being categorically clear with this Committee and with Parliament that the proposed lower standard of proof would be a benefit to the police and the security services, and that it would make the public safer.

Tim Jacques: That is the view of the security services. We are not the applicant, but that is their clear view.

[Chris Philp]

Q Thank you for making that extremely clear. I am sure that the Committee will pay close attention to the advice being given to us through you by the security services. I have one more question on TPIMs, relating to the current two-year expiry date and the proposal to make them annually renewable. They will not be indefinite unless the threat is indefinite. Do the security services for whom you speak see a threat to the public as a consequence of the gaps that we have heard Mr Hall describe: the 12-month gap in one case and the 16-month gap in the other?

Tim Jacques: Because we jointly manage TPIMs once imposed, I can speak on this. Yes, we do see an increase in the threat if that gap occurs, and that gap has occurred, as Jonathan has pointed out previously.

[Alex Cunningham]

Q There is a very helpful question on our briefing paper about the danger that measures perceived as oppressive and disproportionate may alienate individuals who could otherwise be rehabilitated. Do you have a view on that, particularly in relation to younger people, who might be a little immature?

Tim Jacques: I certainly have a view on that. From a policing perspective—I do not think it is any different for our operational partners—there are two trains in place here: one is punishment and incarceration, which was mentioned earlier; and the other is rehabilitation, desistance and disengagement. Ultimately, the best outcome is the latter: we change the individual’s mindset and view of the world, and mitigate the risk that they pose to the public in an enduring manner. Anything that promotes that prevent, disengagement and deradicalization position is to be welcomed.

Both those options are considered with TPIMs, and indeed with most of the work that we undertake. Both protect the public, if successful. We are conscious of that and drive both of them. Counter-terrorism policing operates across all the Ps of the Government’s counter-terrorism strategy, called Contest, and prevent and pursue are included in that.

Counter-Terrorism and Sentencing Bill (Second sitting)

Chris Philp Excerpts

Committee stage & Committee Debate: 2nd sitting: House of Commons
Thursday 25th June 2020 Public Bill Committees

[The Chair]

Good afternoon. The Minister will put the first question to you.

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

Q 71 It is a pleasure to serve under your chairmanship, as always, Mr McCabe. Mr Dawson, thank you very much for making yourself available to answer questions. I am sure the whole Committee is extremely grateful. I will keep my questions brief to allow other Committee members to come in. Would you agree that when it comes to very serious terrorist offending, the principal concern of Parliament and the entire criminal justice system should be that of public protection?

Peter Dawson: Thank you very much for the opportunity to give evidence. The answer, of course, is yes, and I will try to explain why I can say yes with such conviction. Three of my colleagues and a number of close personal friends were present at Fishmongers’ Hall. Had I left my office five minutes earlier that afternoon, I would have been present myself. I have seen the devastation that that crime unleashed on some very close friends, so, absolutely, personal protection is the first priority. Our concern with the Bill, which I am sure we will get the chance to explore, is that aspects of it may not be justified by public protection, and indeed some aspects may undermine it.

[Chris Philp]

Q On public protection, which we have agreed is the overriding priority, given how hard it is to rehabilitate some offenders, and that some who are apparently engaging in constructive rehabilitative work may not be, which indeed was the case of the offender at Fishmongers’ Hall—my condolences to your colleagues who were caught up in that—do you agree that keeping the most serious offenders off the street for the duration of their sentence is the only way to be certain that the public are protected?

Peter Dawson: It is the only way to be certain for that length of time, but it is not always certain when that length of time comes to an end. This is the dilemma that faces the criminal justice system in every case. Of course, it is brought to the public’s attention by events of this sort, and such events excite particularly strong emotions. Terrorism is a very difficult thing to understand, but a lot of criminal motivations are difficult to understand and to predict, so we have systems that seek to balance the difficulty of that prediction with the rights of the person who has been accused and their right to a future life when they have served their punishment.

The problem with denying all hope of release on a conditional basis by a judgment about whether the person can be released safely or not is that it denies hope and affects the whole of the prison sentence. You will be aware that I spent a good part of my career as a prison governor, and the way in which people can be encouraged and assisted to engage in work that may change their behaviour in the future is if there is something in it for them. The parole process is not just about the judgment at the end of the custodial period; it is about the whole of the sentence from the very first day and doing work that may make a difference and may make the public safer when that person eventually leaves prison. It is a dilemma, but I do not think that the public are best served by saying that we will postpone the moment at which risk arrives without taking the opportunity to reduce that risk. The possibility of parole is essential to the process that reduces risk.

[Chris Philp]

Q We are talking about offenders serving determinate sentences, but they do have hope in the sense that the sentence has a fixed length—they are going to be released at the end of their sentence. I was asking about the release point which, under the current system, may come before the end of the sentence or, under these proposals for the most serious of offenders, at the very end of the sentence. We are talking about determinate sentences, so release will come.

You mentioned trying to make people safer upon release. What sort of activity is most effective during the prison sentence, whether release comes early or not? What are the most effective interventions that lower risk when they prisoners are released, whenever that release occurs?

Peter Dawson: The most important thing about understanding rehabilitation is that it happens in a community. You must always have one eye on what life is going to be like when that person comes out and what it is about life after release to cause them not to commit crime. That is true for terrorist crimes as well as for all other sorts of crime. There is nothing secret about this: people need somewhere to live, a way to earn their living, and a reason to live in a law-abiding way. Very often, that reason comes from family and from exactly the same things that cause all the rest of us to live the way we do. That means having people who care about you and have an interest in your future, and having a feeling yourself that you have a stake in a future that is law abiding.

You cannot coerce people into rehabilitation. There has been lots of discussion about particular programmes and courses that may assist in that, and across the picture of offending behaviour there are some programmes that have some effect, but we clearly need to be realistic about the impact of those programmes, whether in relation to terrorism or anything else.

First, a successful programme must be built on a research base and a theory of change that makes sense, and that research base is relatively small. Secondly, the programme then has to be delivered according to its manual. The third thing is that the environment in which it is delivered and in which the person lives has to support the aims of the course, and programmes should be audited. That third aspect is really important in this. The aims of the course are to give a person a stake in their society to encourage lawful behaviour, so the authority must be legitimate. The people must go into an environment that treats them fairly and which they feel is fair.

The difficulty with providing no incentive or reward for engagement in that change is that that appears to be unfair. If you add to the difficulties, which are real and difficult for the Prison Service to deal with, a bias against people who have committed offences like this, the danger is that someone can go through a programme and appear to have made progress and then go back into a sentence lasting many years, during which they do not feel treated fairly. None of these programmes cure; some of them have some impact on some people.

[The Chair]

Order. I have to interrupt there, Mr Dawson, because I am conscious of the time.

--- Later in debate ---

[The Chair]

Order. I am sorry to interrupt you, but we really have to press on at this stage. Minister.

[Chris Philp]

Q Thank you, Mr McCabe. Mr Allamby and Dr Russell, thank you for taking the time to join us and give evidence this afternoon.

You will be aware that when Parliament passed the Terrorist Offenders (Restriction of Early Release) Act 2020 in February, Northern Ireland was excluded because we were concerned about issues of retrospection, owing to the differences in sentencing structure in Northern Ireland compared with the rest of the United Kingdom. Having taken very detailed and extensive further legal advice, the Government now take the view that the measures in the TORER Act can safely be applied to Northern Ireland without engaging in issues of retrospectivity, and the Bill seeks to do that. Is that a conclusion with which you concur?

Les Allamby: Clearly, I have not seen your detailed legal advice, so I do not know, and I would have to reflect on whatever legal advice you received; we have not taken legal advice on the issue ourselves.

The one thing I would say is that, as you know, there will need to be a legislative consent motion on a number of the sentencing provisions and, off the top of my head, I suspect that this provision might be one of them. I know from discussions with the relevant Minister in Northern Ireland, who is publicly opposed to terror etc., that there are some very real practical concerns about extending this Act to Northern Ireland and some potentially unintended consequences.

So I think my answer to the question is this: listen very closely to your counterparts in the Department of Justice in Northern Ireland, and to the Justice Minister in Northern Ireland, as to whether this change is advantageous to the circumstances of Northern Ireland. Frankly, I cannot speak for either the Minister or officials, but I would take very careful cognisance of what they have to say to your own civil service colleagues.

[Chris Philp]

Q Thank you, Mr Allamby. Let me assure you that we are in extremely close and ongoing dialogue with Naomi Long and others in the Northern Ireland Executive, so those conversations are happening on a very regular basis.

My final question relates to polygraphs. You mentioned the importance of evidence, and later this afternoon we are seeing a professor who is an expert in this area, as far as evidence is concerned. Would you agree that where polygraphs are used just to provide a bit more background information and perhaps prompt further investigation, rather than being used to have a biting and binding consequence, there can be some value in that, as part of a holistic assessment to work out where more work needs to be done? Nobody is suggesting that it would lead to a direct, binding consequence. Does that give you any assurance?

Les Allamby: It gives me, I have to say, a rather limited measure of reassurance. I say that because it seems to me that if that is the case, then frankly that ought to be written into the Bill. It ought to be clear that the outcome of a polygraph test on its own should not have any adverse impact.

If you are going to introduce polygraph tests, you really should pilot them. I will quickly give you an example. It may seem a slightly odd analogy, but I used to sit on the Social Security Advisory Committee, and I remember being told many years ago by the Department for Work and Pensions that it was looking at voice recognition, as a way of starting to tell whether somebody might be telling the truth or not. Great play was made about that approach as a possible way forward in fraud detection, etc. It unravelled as the evidence became clearer that there were significant flaws in using that technology for making assumptions about whether individuals were telling the truth.

I cannot draw any objective scientific comparison between voice recognition and polygraphs, but it is a cautionary tale of rushing into using technology without piloting it and really considering what other safeguards you should have before using it.

[Joanna Cherry]

Q Good afternoon, chief commissioner and Dr Russell. You have said that you will put in a written submission on some of the wider issues around TPIMs. Please summarise your concerns about the new TPIM proposals from a human rights perspective.

Les Allamby: Yes, certainly. One concern is the relative absence of safeguards around extending it beyond two years. I think there ought to be additional judicial safeguards. There ought to be a test, if you are going to extend beyond two years, as to whether there is a compelling basis for doing so.

I have concerns that the loosening of the test from the balance of probabilities to reasonable suspicion. I note that we have slalomed, going back to control orders, as to what the required burden of proof is. I note the issues David Anderson raised. I also noted that the European convention on human rights memorandum issued by the Department suggested that things had changed between 2015 and 2020, but I am unsure whether that change is sufficiently compelling to reduce the test from balance of probabilities to reasonable suspicion.

TPIMs are used in a very small number of cases. They are oppressive. None the less, they are utilised on a sparing basis. But you need additional safeguards, if you will extend them beyond two years. Two years is a significant period of time in someone’s life to restrict their freedom of movement and their liberty, to the extent that TPIMs currently do, bearing in mind some of the additional provisions that will now be contained in TPIMs.

--- Later in debate ---

[The Chair]

Minister, do you have a supplementary question you want to put to that?

[Chris Philp]

Q I believe that, in the circumstance where somebody on licence fails the polygraph test, the intention is not that that would lead to revocation of licence, but that it would prompt further investigation—that is what is intended. Does that give a little more assurance that it is being used simply to assist in working out whether further investigation should be done? It would not lead to revocation of a licence on its own.

Les Allamby: I think that is helpful—I would like to see any of those kinds of intentions in the Bill—but I come back to my fundamental point, which is that, as far as I understand it, the polygraph test is still untried in terms of its complete veracity, and we are using technology that has not been piloted in those circumstances. Frankly, if we are going to move to polygraph tests in those circumstances, I would much prefer them to be piloted, so we could then make a genuinely informed decision about their value before we start to take decisions that may have significant consequences.

[Conor McGinn]

Q The fight against terrorism in Northern Ireland relies very heavily on co-operation between the Police Service of Northern Ireland and the Garda Síochána. Those two systems in the north and the south are almost integrated and work very closely together on that. Does the Bill contain anything that you think might place a question mark over that, or might the Irish Government feel that some of the Bill’s contents are incompatible with their approach to working with the UK authorities vis-à-vis countering terrorism in Northern Ireland?

Les Allamby: Conor, I honestly do not know; I have not had discussions with either the PSNI or Garda Síochána on those arrangements. I certainly do not detect from PSNI a great deal of desire to see those kinds of arrangements in place, which I certainly do not think will be enhanced, but I cannot comment meaningfully on that.

One thing that I would say is that the much more significant issue for us in terms of cross-border co-operation—it is outwith your Committee—is reaching effective security and justice arrangements when we leave the European Union at the end of December. Northern Ireland’s land border with another member state creates a full range of issues that I think are slightly different for the rest of the UK. I have not detected in public discourse anything to suggest that, but “I don’t know” is a shorter and more succinct answer.

--- Later in debate ---

[The Chair]

Michael Clancy is the director of law reform at the Law Society of Scotland. Good afternoon, Mr Clancy.

Michael Clancy: Good afternoon, Chair; good afternoon everyone.

[Chris Philp]

Q Thank you for joining us; we very much appreciate you taking the time to give the Committee the benefit of your opinion. The purpose of the Bill is to protect the public from serious terrorist offenders. Do you agree that the Bill achieves that purpose by and large, and is it therefore a piece of legislation that, in broad terms, the Law Society of Scotland supports?

Michael Clancy: Thank you, Mr Philp. To answer about projecting what the effect of legislation will be on protecting the public and making people safer is quite difficult, because for me, as an individual, it would certainly be speculation to say that the Bill would protect people. Legislation has limited effect in terms of it being passed; it really has to be brought into effect and made to work through enforcement for the real impact to be felt. That is part of the issue about whether or not people would be protected by the Bill. It may be some time before we can turn around and do adequate research on the implementation of the measures in order to assume that people have, since its enactment, been better protected than they were before. It is difficult for me to comment on that.

That having been said, I know that sociologists and criminologists have been looking at this kind of things. In one article I picked up latterly, entitled “Does Terrorism Dominate Citizens’ Hearts or Minds? The Relationship between Fear of Terrorism and Trust in Government” by Ramon van der Does. He came to the conclusion that

“Despite its well-known effects on public health, safety, and finances, we still know little about how fear of terrorism can be mitigated.”

That might go some way to edging to an answer to the Minister’s question. Every Bill is good in parts, and has good parts, parts that can be improved by amendment during its passage and parts that, in some instances, should not be legislated at all. So, as you can tell from the Law Society of Scotland’s memorandum on the Bill, we take very much that kind of view.

[Chris Philp]

Q On the question of public protection, which you were kindly commenting on just then, one key element of the Bill is that there will be a minimum 14-year prison sentence for the most serious terrorist offenders, and for that cohort and some other serious terrorist offenders, all the sentence will be served in prison. Given the evidence we heard earlier today about how difficult it is to rehabilitate terrorist offenders and to predict whether they have been rehabilitated, do you agree that simply ensuring that they are unable to harm our fellow citizens by keeping them in prison for a longer period is the only certain way of keeping the public safe?

Michael Clancy: I certainly agree that, for those who are convicted of serious terrorist offences, keeping them in prison for a longer time means that they are not at liberty to commit other terrorist offences. Whether that actually means that they have no influence on others in the commission of terrorist offences—either those they meet in prison who are on their way towards release, or those with whom they can communicate outside prison while they are serving their sentence—is another matter.

[Chris Philp]

Thank you very much.

--- Later in debate ---

[The Chair]

Minister, I think you wanted to make another point.

[Chris Philp]

Q I have a couple of follow-up questions on the TPIM matter that you spoke about, Mr Clancy. In your oral evidence a few moments ago, you described the change in the burden of proof as problematic. I am not sure whether you heard the evidence we received this morning, but an assistant chief constable from counter-terror policing, speaking on his own behalf but also on behalf of the security services, said that lowering the standard of proof to reasonable suspicion would result in the public being better protected. He went on to lay out three potential circumstances in which that might be the case. One was rapidly changing threat levels from an individual; another was an individual returning from overseas; and there was a third circumstance as well. Given the evidence by counter-terror police on behalf of them and the security services that our citizens in the whole United Kingdom are safer with this measure, could I ask you to reconsider your description of it as problematic?

Michael Clancy: Of course you can ask me, Minister. That is certainly something I will take back and think about, because I was not aware that that evidence had been given this morning. I should say that this is, of course, a civil law provision, not a criminal law provision, in terms of the standard of proof. Of course we have to take into account the views of the counter-terrorism police experts and weigh them very heavily, but it is a different environment, in one sense, from the environment that the police are used to operating in—namely, beyond reasonable doubt. But I take your point and will give that some further thought.

[Chris Philp]

Q I am extremely grateful to you for the undertaking to think about it further. That shows very commendable flexibility in response to the clear evidence.

To give you further reassurance perhaps, the lower burden of proof, reasonable suspicion, is of course not a new burden of proof, because the old control orders, in force from 2005—they were introduced by the then Labour Government—and carrying on until 2012, had the same lower burden of proof, reasonable suspicion. This morning, I asked Jonathan Hall, the independent reviewer, whether he was aware of any problems that occurred during that seven-year period, 2005 to 2012, when that lower burden of proof was in force, and he was unaware of any issues caused by it. Does that give you further reassurance?

Michael Clancy: It does. Of course, set against that is the fact that very few of these orders were in place at that time. I think that, in doing some reading in advance of this session, I saw numbers in the mid-40s—46 orders or something like that. If they are going to be used at that kind of level of exercise, it is clearly going to impact on a smaller group of people. Small does not mean insignificant, in this circumstance, but we will just have to wait and see what the evidence of their use produces.

[Chris Philp]

Q Indeed. The current number of TPIMs in force is actually six, and we do not anticipate large growth in the numbers as a result of these provisions.

I have one final point. You mentioned concerns about renewal. Of course, renewal, under these proposals, would take place annually. And you mentioned a few moments ago judicial oversight as a concern. Of course, the subject of the TPIM can at any time bring a legal challenge against the use of the TPIM if they feel that it has become unfair. Does the availability of that mechanism to bring a challenge give you reassurance that the subject of the TPIM does have recourse to the courts, and can be protected by a judge, if he or she feels that that is necessary?

Michael Clancy: Well, of course, yes, it gives me some reassurance. I am glad to hear you make such a clear statement of the interpretation of the Bill. Certainly, the TPIM is reduced for one year, but it is capable of being made indefinite. If one were to take action—as you have suggested someone who is subject to one of these orders might take action—it might be the case that the judge would only be able to quash the TPIM rather than make any variation. That might be a solution that we would mutually accept, but there may be implications from that I suppose.

[Joanna Cherry]

Q The Minister referred to clear evidence of the requirement for a drop in the standard of proof. Are you aware of any clear evidence, as opposed to anecdotal evidence?

Michael Clancy: I have no evidence. As I have said, the important thing would be to see how this change to the legislation works and then, in a shortish period of time—between two to five years—think in terms of having some kind of post-legislative review, which would enable us to see whether this legislation had functioned properly and had met the objectives that the Committee has been discussing this afternoon of making people safer and protecting them. Then we can come to a view as to whether or not that change in the standard of proof was the right one.

--- Later in debate ---

[The Chair]

We now come to our final witness of the day, Professor Donald Grubin of Newcastle University, who has had the benefit of hearing some of the exchanges earlier. Let us begin.

[Chris Philp]

Q Professor Grubin, thank you very much for joining us this afternoon and taking the trouble to come here. We are extremely grateful to you. Perhaps you could start by introducing yourself to the Committee in the context of your academic background, and, in particular, your work on polygraphs.

Professor Grubin: I am a professor of forensic psychiatry, so I am a psychiatrist and not a polygraph examiner. I became interested in polygraph testing about 20 years ago in relation to work with offenders. What I found was that polygraph testing was being used very widely in the United States to monitor offenders. The people using it said, “This is fantastic. If they took it away, I would quit.” They would make comments like that, but the academics felt that there was no evidence for it and a lot of what we are hearing today is that it is not reliable. A lot of those issues were repeated. I became interested in that difference. We began to run some studies here in the UK. Gradually over time, a lot of evidence accumulated to show that it was a very effective means of monitoring and managing offenders in the community.

[Chris Philp]

Q You have a long academic background, principally at Newcastle University, and you have been studying polygraphs for 20 years. Can you describe the evidence you have seen in the last 20 years about the role that polygraphs can usefully play in the criminal justice system?  Feel free to comment on evidence from overseas as well as the United Kingdom.

Professor Grubin: The first thing to say is that there is a lot of misunderstanding about polygraph testing. We heard a lot of that earlier today, and I get very frustrated, because those same comments get repeated and repeated. There is also a lot of confusion about polygraph testing—what it is, what it does and how it is used.

In essence, all polygraph testing does is provide additional information—information gain—and it does that in two main ways. One is the test outcome, which people often get tied up in—is somebody lying or telling the truth?—but it is also about disclosures. The two are complementary. What every study ever carried out on polygraph testing has found is that when people are having a polygraph, they make disclosures. All the studies we have done here, and indeed the implementation of polygraph testing here with sex offenders, has found the same thing.

There was a comment that this has not been piloted, but we have now run about 5,000 tests in probation, with mandatory tests on sex offenders. We have tested over 2,000 individuals and the police, with voluntary testing, have tested about 1,000 individuals and run about 2,000 tests. We have a lot of information, and again we find that about 60% to 70% of tests result in new information that was not known before and is important to management.

The other aspect, of course, is test outcome. People always want to know how accurate it is, and we know —we have very good estimates. The best study was a comprehensive review carried out by the National Research Council in the United States about 20 years ago, when it was being raised for security vetting in Government agencies. It looked at all the available evidence and found it was between 80% and 90% accurate. That means it gets it wrong about one in five or one in 10 times, but that is a lot better than we can do.

The main question then is: is that accurate enough for the application you want to put it to? What we are talking about is post-release, post-conviction testing as part of monitoring offenders, and in that capacity it is being used alongside a number of other aspects of offender management. You are not relying on the polygraph either to clear someone or to send them back to prison or anything like that; it is not used in that way. It is just additional information that can be added. If you think about different sorts of results that you might get, if somebody, say, passes a polygraph test—I do not like to use the term pass, but I will for simplicity’s sake—and they do not make any disclosures and there are no other concerns about the individual, that provides reassurance that you are not missing anything; it is an agreement with everything else. If, on the other hand, you get some disclosures, that is something that can be investigated further. If somebody fails the polygraph, so they are thought to be lying, and there are already concerns, again, that reinforces that, but if there are not, the polygraph may be wrong—it may be one of the one in five or one in 10 times we have gotten it wrong—but it may also suggest that you need to look at it a bit closer and investigate further.

There were comments before about how if somebody fails a polygraph they are brought back to prison or brought before the courts. That is just not the policy, and we have heard that in the legislation that just does not happen. It is simply a warning sign that you had better take a closer look. Again, we have a lot of evidence from the testing we have done in this country—as I said, over 7,000 tests have been run—to show that that is in fact how things are working.

Can I say one last thing? We often present polygraph testing as if it is something that offenders do not like and is being imposed on them. That is true for some, but others actually find it useful. You have to remember that sometimes you catch people telling the truth, and where you have an individual who is being monitored, because a risk is a great cause of concern and there is a suspicion of them all the time, and they can demonstrate that they are actually not doing anything wrong and their risk is static or decreasing, that is very useful for them. We have anecdotal evidence of offenders saying they found that part of the testing helpful, and they like polygraph tests for that reason—because they can prove that they are following the rules.

[Chris Philp]

Q That is extremely helpful, thank you. What I think you are saying is that the context in which we are looking to use polygraphs for terror offenders, as for sex offenders at the moment in England and Wales, is as a prompt which may, in some circumstances, stimulate further investigation. Just to make sure I have understood you; your evidence is that all the studies you have seen say that that is a safe way of using polygraphs—as a prompt for further investigation—and that public protection is enhanced by doing it. Is that a fair summary of your evidence?

Professor Grubin: It is fair, except that I would say it is more than a prompt and that it actually uncovers information. You have to remember that a lot of this management relies on self-reports, so it is a way of saying, “We’re asking these questions anyway, only now we want you to tell the truth and we have a way of trying to determine whether you are telling the truth.” The other aspect, of course, which is often overlooked is its deterrence effect. If you know you are going to have a polygraph test, you are going to pay a lot closer attention to your activities, your actions and your behaviour. Again, we have a lot of anecdotal evidence—it is very difficult to prove—that people do modify their behaviour, because they know they are going to have a polygraph test.

[Chris Philp]

My final question—

[The Chair]

I am going to have to move on. Let me just to go to Mr Cunningham.

[Chris Philp]

Fair enough.

[The Chair]

Otherwise, we will have too much.

--- Later in debate ---

[The Chair]

Minister, I think I promised I would come back to you.

[Chris Philp]

Q That is extremely kind; I have two final points. We had some commentary from colleagues earlier, before you arrived, that there was no evidence that this would work with terrorist offenders. Given the work with sex offenders and the work on polygraphs around the world, can you comment on whether you believe this could be used to test terror offenders as part of their licence condition monitoring?

Professor Grubin: There are a couple of aspects to the answer to that. First, there is no reason to think it would not work similarly with terrorist offenders. They are people and they respond to polygraph testing like anybody else. It is used with terrorist offenders in other countries, but the problem is that that sort of work is not published. My understanding of it is anecdotal and what people have told me. They certainly find that its use is successful, and they get the same types of response that you would expect from the sex offender work. There is no real difference there. But none of that is published, so it is anecdotal.

One other thing to say from the sex offender work is that we looked at whether, after polygraph tests, there was an increase in actions taken by the probation officers managing those people. You get an increase by a factor of 10, sometimes higher, in actions taken. That does not necessarily mean recall to prison or charging with a new offence, but actions that mean you have an opportunity to reduce risk, which is really what you are looking for here. With any sort of offence where you have time to intervene, polygraph testing provides a good means to get that information to allow you to intervene and reduce risk.

[Chris Philp]

Q That brings me on to the very last question. You have mentioned that one of the main benefits of polygraph testing is that it prompts or helps to persuade the offender to disclose information that they would not otherwise disclose. You described that earlier as “information gain”. Could you give us some examples of how that happens and the kind of information gain that you have seen occur as this has been used?

Professor Grubin: I will give you a couple of examples of that, but the first thing to say is that we do not know why it happens. There are various psychological attempts to explain it, but I know that I have been polygraph tested as part of our training and it was all I could do not to confess to the crime that I was meant to have committed. There is a real urge to disclose that I do not really understand, but there are various theories that I am happy to discuss later on.

To give you a couple of examples off the top of my head, one interesting case was a sex offender who was released from prison. Everything was thought to be going well with him. He disclosed that he had a new girlfriend, which was not known to the offender manager. That seems pretty mundane, but when they found this girlfriend it turned out that she was a single mother, that she was a vulnerable woman, and that this man was visiting her and helping her to paint her sitting room. He would do that in his underwear because he did not want to get his clothes painted. Her daughter was present at that time. A lot of that mirrored the way he had offended before, so that one disclosure about having a new girlfriend led to that man being recalled to prison —not based directly on the disclosure, but only indirectly, once the girlfriend was found and interviewed.

[Chris Philp]

Q Can you quantify the information gain?

Professor Grubin: I am not sure just what you would mean. I can tell you, because I checked these figures before I came, that in the probation testing about 65% of tests resulted in new disclosures in the pre-test. That is information that was important to management but was not known. That might be small bits of information or it might be big bits. After someone fails a test, they are asked to explain why that might be, and about 60% of those tests result in further disclosures to try to explain that. What I cannot say is how many of those were in tests where there were no pre-test disclosures, so it is likely that about two thirds or 70% of tests result in new information.

[Chris Philp]

Wow. Thank you.

Professor Grubin: That does not count something that I think is important but that is always overlooked: the truthful tests with no disclosures that provide reassurance, because decisions can be made on that. In the police world, they do voluntary testing of sex offenders on the register. Someone who is on the register for 15 years and wants to come off it may have been visited once a year for the past five years; there may be no intelligence on him, and an inspector is expected to sign off this person based on that information. If he passes a polygraph test and nothing of concern comes up, that gives them reassurance. Often, though, in those cases we find that bits of information do come up that they should have been aware of, and then they can move forward.

[The Chair]

Order. I am going to have to stop you there because we have run out of time. Thank you very much indeed for your evidence, Professor Grubin.

Ordered, That further consideration be now adjourned. —(Tom Pursglove).

Covid-19: Asylum Seeker Services in Glasgow

Chris Philp Excerpts

Wednesday 17th June 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I congratulate the hon. Member for Glasgow South West (Chris Stephens) on securing this evening’s Adjournment debate. Let me start by putting on record my agreement with the remarks he made at the very beginning of his speech in relation to the disturbances and the violence—the counter-demonstrations—in the city of Glasgow. Violent protest of any kind is abhorrent. People have the right to peaceful protest, and I join him—and, I am sure, everybody in the House—in condemning the acts of violence to which he referred.

Let me start by laying out the United Kingdom’s generosity in welcoming people who are granted asylum and, indeed, people who claim asylum. Last year, the calendar year 2019, there were about 35,000 claims of asylum, which was one of the highest figures in Europe—not the highest, but one of the highest—and last year we granted about 20,000 asylum grants and other forms of protection, so more than half those claims were granted. At the same time, we welcomed 3,000 unaccompanied asylum-seeking children—the highest number of any country in Europe. I am sure that the hon. Gentleman is aware, although he did not mention it in his speech, that just last week or the week before, we announced a significant funding increase to local authorities to support looking after unaccompanied asylum-seeking children. We increased the support by £17 million from about £218 million to £235 million a year. At the same time, we increased the care leaver grant for those people who were UASC but are now part of the post-UASC care leaver cohort, to £240 per care leaver per week, which was an increase of between 20% and 60%, depending on which local authority we are talking about.

Of course, at the same time as we offer that support to asylum seekers, we have the largest—or certainly the second largest—overseas aid budget in Europe. We are the only G7 economy to spend 0.7% of gross national income on overseas aid, around £13 billion or £14 billion per year. We are doing a great deal to help people not just to come to the UK, but who are at risk overseas.

[David Linden]

I am sorry but the Minister is talking absolute crap—

[David Linden]

I withdraw the word “crap”, but the Minister is talking absolute nonsense. He talks about how welcoming the UK is. They are the same UK Government that had “Go Home” vans going round communities, and the hostile environment. I suggest that he cuts the talk about DFID, which has been abolished this week, and focuses on the point made by my hon. Friend the Member for Glasgow South West (Chris Stephens).

[Chris Philp]

I will certainly come on to that point, but no amount of huffing and puffing can disguise the fact that we are the only G7 country meeting the 0.7% of GNI commitment. No huffing and puffing will disguise the fact that we gave 20,000 grants of asylum and protection last year.

[David Linden]

indicated dissent.

[Chris Philp]

The hon. Gentleman can shake his head all he likes, but those are the facts. They are facts that evidence the compassion with which the United Kingdom deals with those very vulnerable people. He can shake his head, and he can fold his arms, but those are the facts.

Let me come on to some of the questions that have been raised. The hon. Member for Glasgow South West spoke at some length about the asylum support rate, but he did not talk about everything that is provided in addition to the cash sum of money, which was increased by 5%, well above the rate of inflation. The cohort concerned get free accommodation. All utility bills are paid for, council tax is paid for, free health care is provided under the NHS, and any children get free education. The method for calculating the cash support rate was tested in court some years ago and found to be lawful. The amount of money is essentially calculated by a formula which has been endorsed by the Court of Appeal. When Members talk about asylum support, I urge them to keep in mind all those other things—the free accommodation, the utility bills being paid, the council tax being paid, NHS healthcare and free education.

The covid situation that the country has been facing is thankfully now easing, but it has of course been a very serious public health crisis. We took the decision on 27 March to suspend the policy of the cessation of support. That is where an asylum seeker’s claim is decided, either positively or negatively, and we ask them to—with notice, of course—leave the supported accommodation estate. Clearly, if they have had a positive decision, they are entitled to find work or to universal credit. If they have a housing problem, obviously they are entitled to all the support that any of our constituents would be entitled to in the ordinary course of events. Clearly, they cannot continue to be supported in asylum accommodation indefinitely as they are essentially members of society like the rest of us who live their lives, just like all of us and our constituents do.

In the event they get a negative decision, the expectation is that they return—

[Stuart C. McDonald]

That was a very welcome decision, and I think it was based on advice from Public Health England. Can the Minister say categorically that Public Health England has been consulted on the decision to go back to cessation of support and evictions, and will he publish that advice as well as the earlier advice?

[Chris Philp]

I was just about to come to that point. When the decision was taken on 27 March to suspend the cessation of support policy—I am grateful that Opposition Members welcomed that move—it was announced as being effective until the end of June. To be clear, no eviction notices have been issued. We are going through the process of thinking carefully about how we transition back to a more normal state of affairs as the coronavirus epidemic abates, and we are doing that in a thoughtful and considered way. We are thinking carefully about all the angles, and we will talk to the relevant authorities, including local government, and take public health advice seriously. This matter is being considered and thought about carefully, and we will proceed in a careful way that gives proper attention to the various considerations. As I hope Members will have seen from our decision, we are determined to be responsible and careful in the way we handle this issue, and I believe our conduct has reflected that.

Let me say a word about the implications of our decision. Although we suspended the cessation policy, we still have intake because people are still claiming asylum. Either they present as cases under section 4 of the Immigration and Asylum Act 1999, or they make fresh claims for asylum. Those claims are not at the level they were before coronavirus, but the level is still quite high. The number of people who are being accommodated in asylum support is going up a lot. Indeed, in the past 10 weeks, it has risen by about 4,000—a significant number. We are working night and day to find accommodation for those extra 4,000 people, and the numbers are going up on a weekly basis. Members will understand that trying to find extra emergency accommodation is difficult, particularly in the middle of a pandemic, but we have done it. We have risen to the challenge, and I thank local authorities, and Home Office officials, for their tremendous work in finding those 4,000 extra places at short notice and in difficult circumstances.

Some questions were asked specifically about the city of Glasgow, which is well represented in the Chamber this evening. As the hon. Member for Glasgow South West said, a decision was taken in late March in relation to 321—he said 300—people who were in temporary serviced apartments. For a variety of reasons, it was decided that those apartments were not appropriate in the context of the coronavirus epidemic—they were not safe to stay in, and as a consequence, people were moved into hotel accommodation. Let me be clear that that is a temporary measure and is categorically not permanent. As soon as circumstances allow, if those people are still receiving asylum support, they will be returned to the sort of accommodation they were in previously.

The hon. Gentleman mentioned cash savings. Over the past 10 weeks, the additional cost of accommodating those extra 4,000 people has run into tens of millions of pounds, and possibly more than that. I assure him that no cost saving is being made anywhere in that part of the Home Office budget. The hotels provide three meals a day that meet dietary requirements. In terms of cultural sensitivity, Korans and prayer mats are provided, and during Ramadan, late evening and early morning food is provided for those who observe it.

The hon. Gentleman mentioned connectivity. Each room has a TV and, critically, wi-fi, and 24-hour reception staff are available, as are translation services and staggered meal times to cater for social distancing. There is full access to the building for cleaning and repairs. Laundry facilities are available on site; there is space for NHS staff and medical consultation, and full provision of things such as towels, soaps, sanitiser, bed linen, toiletries, and feminine hygiene products—all those things are provided. If any areas require further attention, the hon. Gentleman is welcome to write to me and I will happily address those matters.

[Chris Stephens]

rose—

[Chris Philp]

I have only a minute left, but I will take a quick intervention from the hon. Gentleman who secured the debate.

[Chris Stephens]

Will the Minister commit to meet Glasgow MPs, because there are major discrepancies between what he is saying, and what we are being told? I would be obliged if he would meet us.

[Chris Philp]

Of course—I would be happy to meet the hon. Gentleman and his colleagues to discuss any specific concerns. It would be helpful if he could write to me in advance to lay those concerns out in writing, so that I can come with answers, rather than reply off the cuff. If he writes to me first, I would be happy subsequently to meet him and go through his specific concerns.

This country takes its responsibilities very seriously. As I said, we granted 20,000 asylum and protection orders last year, and we have one of the biggest overseas aid budgets in the world. We can be proud of our record, and I am happy to stand here and defend it this evening.

Question put and agreed to.

Damages

Chris Philp Excerpts

Monday 15th June 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I beg to move,

That the draft Fatal Accidents Act 1976 (Remedial) Order 2020, which was laid before this House on 12 February, be approved.

This draft order seeks to rectify an incompatibility with the European convention on human rights identified by the Court of Appeal in the 2017 case of Smith v. Lancashire Teaching Hospitals. It relates to limits on the categories of person eligible to receive an award of bereavement damages under section 1A of the Fatal Accidents Act 1976, as amended in 1982, which excludes a person who has cohabited with the deceased person. The draft order was laid in Parliament on 12 February 2020 and the terms of the Human Rights Act 1998 specify that remedial orders require the order to be strictly focused on rectifying the incompatibility and not on any wider issues no matter how much merit those wider issues may have.

[Jim Shannon (Strangford) (DUP)]

Some of my constituents have contacted me in relation to this matter, so may I just ask the Minister to confirm that the remedial Act and the SI will protect those co-habiting families who see themselves excluded from insurance pay-outs because they had not taken the legal steps to marry, yet, for all intents and purposes, they are life partners and clearly deserve this recognition?

[Chris Philp]

The hon. Gentleman is absolutely right in his assessment. The order will make sure that people who are cohabiting enjoy the same rights to the payments as people who are married or in civil partnerships provided that that cohabitation has continued for a period of two years or more.

The level of bereavement damages is set by the Lord Chancellor and is currently £15,120, having recently been increased in line with inflation. It is worth saying that those payments are of course not designed to make up for the loss of a loved one—we cannot do that—but they are a token amount payable to that limited category of people. They are also able to claim civil damages in relation to a loss caused by their status as dependants under section 1 of the 1976 Act, but that is a separate matter.

This remedial order, as the hon. Gentleman said, allows people cohabiting for at least two years to enjoy the same eligibility for bereavement damages as those who are in civil partnerships or married, thereby correcting the incompatibility identified by the Court of Appeal. We think it is reasonable to set some kind of test to test the permanence of the cohabitation arrangement, to ensure that there is a reasonable level of commitment, and we think that two years is the right period. A similar two-year qualifying period is already referenced in section 1 of the 1976 Act in relation to dependency damages claimed by cohabitants so, by picking two years, there is a degree of consistency, and it avoids the need for the courts to engage in any rather intrusive and probably distressing inquiries about the nature of the cohabiting relationship.

Occasionally, it may be the case that a cohabiting partner also has a spouse somewhere else, who has not yet been divorced. The question might arise, what happens in those circumstances? Again, with the purpose in mind of making this as simple and straightforward as possible, the order states that if that is the case, the amount of money, the damages, are simply divided equally between the two. We could make a case to say that the court should determine who is the more deserving person, the more deserving recipient but, again, that would be intrusive. For the court to try to unpick those sorts of relationships strikes us as inappropriate, hence the simple proposal that has been made.

In closing, I thank the Joint Committee on Human Rights for its scrutiny of the draft order, and for its confirmation that it corrects the incompatibility identified by the Court of Appeal in the case I referred to earlier. We welcome the Committee’s recommendation. I touched on one or two of the points that it made in its response, but this remedial order made under section 10 of the Human Rights Act 1998 corrects a deficiency, rights a wrong, and I commend it to the House.

--- Later in debate ---

[Chris Philp]

I should have started my remarks earlier by welcoming the hon. Member for Hove (Peter Kyle) to his place on the Front Bench. This is well deserved and long overdue, and I look forward to having many exchanges like this in the months, and I hope, for both of us, years ahead. I welcome his support for this remedial order, and I add my thanks to Jakki Smith for her tenacity and bravery in bringing forward the court case as she did. I am sure that the whole House is grateful to her for the courage that she showed, and I concur with the hon. Gentleman’s remarks a little earlier.

The hon. Gentleman made one or two points on the remedial order, including on the description of cohabiting partners. The language has been kept as it is for reasons of consistency with section 1. We thought it would be potentially confusing and inconsistent if we adopted different definitions in section 1(a) as compared with section 1. There is a more general point that touches on that issue and on others that he raised in his remarks, relating, for example, to the stigmatising language that he mentioned. The remedial orders are strictly designed to remedy the deficiency. We did not want to stray more widely beyond that, but as he said, I am sure that opportunities will arise to debate these important issues about bereavement and loss. Those are topics on which the whole House will often agree. I commend this order to the House.

Question put and agreed to.

Resolved,

That the draft Fatal Accidents Act 1976 (Remedial) Order 2020, which was laid before this House on 12 February, be approved.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I could suspend the House, but I really do not think it is necessary if Members promise me that they will swiftly exit without stopping near any other Members. Let us proceed.

Senior Courts of England and Wales

Chris Philp Excerpts

Wednesday 10th June 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I beg to move,

That the draft Court of Appeal (Recording and Broadcasting) (Amendment) Order 2020, which was laid before this House on 12 March, be approved.

The statutory instrument before the House today is intended to enable the inclusion of family proceedings within a pilot project testing the live-streaming of Court of Appeal hearings. The order advances the shared commitment between the Government and the judiciary to increase public engagement and understanding of the court system.

Currently, the recording and broadcasting of court proceedings in England and Wales is prohibited by section 41 of the Criminal Justice Act 1925 and section 9 of the Contempt of Court Act 1981. By virtue of section 23 of the Crime and Courts Act 2013, the Lord Chancellor, with the agreement of the Lord Chief Justice, can make an order in some circumstances lifting the prohibition. That was done in 2013 to allow the recording and broadcasting of proceedings in the civil and criminal divisions of the Court of Appeal. However, that was not extended to the family division. The order before the House today lifts the prohibition on broadcasting and recording hearings in the Court of Appeal in relation to family cases for the first time, thereby furthering our objective of opening up the visibility of justice.

Let me make it clear that whether or not a particular case is actually broadcast will remain a matter for the judge overseeing and hearing the case, so judicial discretion will apply. The confidentiality and anonymity of the parties will be maintained, so the names of any children or the names of parties to a divorce hearing will not be disclosed. Only the judges and the advocates will be broadcast. If by any chance there were a litigant in person, for example, or sensitive witness testimony, we would expect the judge not to allow that to be broadcast, although in the Court of Appeal it is very rare for any witnesses to appear; the arguments tend to be on points of law. So let me reassure the House that the confidentiality of the parties will be fully maintained.

I should add that this order makes no further change to any family proceedings and the confidentiality applying to those; it is simply about broadcasting. I notice the hon. Member for Strangford (Jim Shannon) is present, and I should add that this applies only to England and Wales; it does not apply to Scotland or Northern Ireland.

The order is a small but welcome step in the direction of further opening up our justice system and I commend it to the House.

--- Later in debate ---

[Chris Philp]

I thank the Opposition Front-Bench spokesman for the constructive and thoughtful approach he has been taking this week, and I look forward to that continuing for many months and years to come. I shall briefly answer his principal questions. On the matter of digital access to courts more generally, I completely concur with everything he said. We are absolutely committed to expanding and extending digital access. In particular, the roll-out of the cloud video platform, which is happening as we speak and due to be completed in the Crown courts and magistrates courts by the end of this month, is a critical part of that. I am glad that we can work together in pushing that programme even further.

[Jim Shannon (Strangford) (DUP)]

I am really keen to see the system that is coming in for England and Wales being used in Northern Ireland when the opportunity arises. Is it possible that discussions could take place with the police and justice authorities and through the Northern Ireland Assembly to ensure that this pilot scheme could also be done in Northern Ireland?

[Chris Philp]

I thank the hon. Member for his intervention. Those matters are in the hands of the Northern Ireland Assembly and Executive, but I would certainly be happy to pass on to the Northern Ireland Justice Minister the lessons that we are learning from the jurisdiction in England and Wales, and I would of course encourage them to follow the same path that we are treading if they wished to do so.

On the question of safeguards, the key safeguard in all this is the control that the judge exercises in how a case is conducted. It is still a matter for judicial discretion whether any individual case can be streamed and broadcast. As I said in my opening remarks, we would expect judges not to livestream cases where a litigant in person was present or if there was witness testimony where the identity of the witness might be a matter of sensitivity. We are, as we often do, entrusting to the judge the sensible and safe management of any individual case. With that, I commend this order to the House.

Question put and agreed to.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I consider that there is no need to suspend the House on this occasion, as I observe that everyone who is intending to leave has now left, and everyone who is intending to be present is now present. So we will proceed immediately to motion No. 3 on Exiting the European Union (Civil Aviation).

Oral Answers to Questions

Chris Philp Excerpts

Monday 8th June 2020 Commons Chamber

[Sir John Hayes (South Holland and The Deepings) (Con)]

If her Department will introduce a cap on the number of immigrants permitted to enter the UK each year.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I thank my right hon. Friend for that question. He has long experience of matters such as this in the Home Office and elsewhere. On 1 January, for the first time in decades, the United Kingdom will have full democratic control over our immigration system, giving us power to determine who comes here and for how long. We do not intend to impose a cap, but our points-based system will ensure that only those with the skills our country needs come to the United Kingdom, and it is our expectation that total migration, as a consequence, will reduce.

[Sir John Hayes]

With the post-covid economy facing unprecedented challenges and the prospect of job losses, in the same spirit that the Home Secretary showed in condemning this weekend’s wicked violence, will the Minister look again at the resident labour market test, which means that jobs have to be offered here before they can be filled from abroad? Rebuilding Britain mean backing British workers.

[Chris Philp]

My right hon. Friend is correct that we want to encourage as many people as we can from the UK to take up job opportunities that are available. Our objective, ultimately, is to see a full rate of employment. We have laid out the points-based test that will apply from 1 January next year, ensuring that only people with high skills can come here, but it is up to this House and this Parliament to keep that under review, to ensure that we are striking the right balance in the way he describes.

[John Redwood (Wokingham) (Con)]

I am grateful for all that the Home Secretary is doing to bring in this new policy, which I hope brings higher wages and higher skills, but does it not also require tougher enforcement against the dreadful people traffickers who are making money out of making a mockery of our laws and undermining all that we stand for?

[Chris Philp]

My right hon. Friend is correct: people trafficking and people smuggling is a shocking offence that causes untold human misery. Last year, Immigration Enforcement made 259 arrests in connection with people smuggling and secured 101 criminal convictions, but I would like to assure him that this is an area where we can, must and will go a great deal further.

[Caroline Ansell (Eastbourne) (Con)]

What steps her Department is taking to help protect victims of domestic abuse.

--- Later in debate ---

[Giles Watling (Clacton) (Con)]

What steps her Department is taking to stop migrants crossing the English Channel illegally.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I am very glad that this question has arisen. We should be absolutely clear that these crossings of the English channel are extremely dangerous. They are crossing the busiest shipping lines in the world. They are facilitated by criminal gangs who are ruthlessly exploiting vulnerable people. The crossings are also entirely unnecessary because France is a safe country and it has a very well-established and functioning asylum system. We are therefore working with our French counterparts around the clock, sharing intelligence between our National Crime Agency and the French authorities, to stop illegally facilitated crossings and to prevent on-the-beach embarkations.

[Dr Lewis]

That is a very clear answer as far as it goes, but it appears that French patrol boats are escorting these dangerously overloaded inflatables across the channel until they reach English waters—I should say UK waters—whereupon our patrol boats pick up the occupants and ferry them to our shores. I understand that this is because we have to save people who put themselves, and sometimes their families, at serious risk at sea, but how can we remove perverse incentives to behave in such a dangerous fashion?

[Chris Philp]

It is worth emphasising that where boats get into difficulties in French waters—for example, if their engine breaks down—the French will pick them up and take them back to France. We must, as my right hon. Friend says, be mindful of safety of life, but we are reviewing our operational practices in these areas, for the reasons he mentions. Half the attempted crossings are intercepted by the French on the beach. We have so far, since last January, returned 155 people who have crossed and we seek to return many more.

[Sally-Ann Hart]

Migration policy is a core aspect of our national sovereignty. Will my hon. Friend please confirm that the UK will have a fair immigration policy that welcomes people who come to the UK legally, irrespective of nationality or religion, and that we will take back control over illegal immigration?

[Chris Philp]

I entirely agree with the point my hon. Friend makes, and with the similar points made by my hon. Friend the Member for Dover (Mrs Elphicke), on this topic. We have a points-based system coming into force shortly. We granted asylum or protection to 20,000 people last year, one of the highest figures in Europe, and we welcomed 3,000 unaccompanied asylum-seeking children, the highest number of any country in Europe. Our legal migration methods are entirely fair. We should therefore be policing illegal migration routes with complete effectiveness, and the Home Secretary and I are determined to do that.

[Giles Watling]

I thank my hon. Friend for his earlier answer, but we know that the migrants, as they cross the channel, sometimes threaten the French navy that they will throw themselves or their children into the sea. That is an appalling act, and we need to get the French navy to step up to the plate and take those people off the boats in international waters. What are we doing now to ensure that this happens?

[Chris Philp]

Discussions are under way between the UK Government and the French Government. Indeed, I am speaking to my opposite number, the French deputy Interior Minister, Monsieur Nunez, on Thursday this week. There is more we are doing as well, including working with the French OCRIEST, the French gendarmes and the Police aux Frontières—the PAF—to ensure that as many of those embarkations are stopped before they even get on to the water. About 50% are stopped before they get on to the water, but we would like that number to be a great deal higher.

[Olivia Blake (Sheffield, Hallam) (Lab)]

What steps she is taking to help prevent hate crimes against (a) people and (b) places of worship while covid-19 lockdown measures are eased.

--- Later in debate ---

[Catherine West (Hornsey and Wood Green) (Lab)]

What recent assessment she has made of the adequacy of levels of financial support for people in the asylum system during the covid-19 outbreak.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I have been making an assessment of this matter in recent weeks, and following publication of the most recent Office for National Statistics data, I can announce to the House today that, with effect from 15 June, the asylum support rate will be increased by 5%, from £37.75 a week up to £39.60 a week. That is about five times higher than the prevailing rate of inflation, which is currently 0.8%.

[Catherine West]

That is rather an ungenerous increase, I have to say, given that the rate can be as low as £37 a day for certain people seeking asylum. However, any increase is something I welcome. Could the Minister tell me whether he could live on under £40 a day?

[Chris Philp]

Well, it is per week: the rate is £39.60 per week. It is calculated by a methodology that is approved by the courts, and it is done with reference to ONS data, based on the incomes of people in the bottom 10% of the population. It is done with reference to figures, by a court-approved method, and that is the right way to fix this thing. I say again that a 5% increase is very substantially higher than inflation.

Sentencing (Pre-Consolidation Amendments) Bill

Chris Philp Excerpts

3rd reading & Committee stage & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Thursday 4th June 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The Bill seeks to pave the way for the consolidation of sentencing procedural law in the forthcoming sentencing code. Currently, when passing sentence, a sentencing judge must consider the sentencing law that was applicable at the time of the offence. Given the number of different pieces of sentencing legislation passed over the years, that is often a complicated exercise. When reviewing that area, the Law Commission discovered 1,300 pages of legislation governing sentencing in this country. When it conducted a review in 2012, it discovered that errors were made in sentencing in 36% of cases, we think as a consequence of the extraordinary complexity of having to work out which piece of sentencing law applied at the time of the offence. Therefore, given the concept behind the sentencing code and its essential precursor, the Bill will ensure that a single set of sentencing legislation is applicable at the time of sentence, to which sentencing judges may refer.

The Law Commission was asked to look at this issue in September 2014. After Herculean labours it reported back in late 2018, but as a consequence of various general elections and other constitutional disruption, only in 2020 do we finally enact this Bill. I put on record my thanks to the Law Commissioners for their work, and particularly Professor David Ormerod, QC, for the enormous amount of work he has done in preparing the sentencing code for which this Bill paves the way.

As I understand it there are no amendments to the Bill’s five clauses, but I will briefly speak to each clause—I will be extremely concise. There are two substantive clauses. Clause 1(3) contains a clean sweep provision that removes those historical layers of sentencing law legislation to which I referred, so that when the sentencing code is enacted, which will be soon, sentencing courts will no longer need to refer to the historical versions of sentencing law in place at the time of the offence, and can instead refer to the sentencing code that was in force at the time of sentence.

We are, of course, extremely mindful of the well-established common law right that no offender should be subject to a heavier penalty at the point of sentence than was in force at the time of the offence. That right is enshrined in article 7 of the European convention on human rights, but the common law right long predates that. Therefore, in recognition of that important principle, there are a series of exemptions to ensure that no offender will suffer a heavier penalty than would otherwise have been the case. Those are expressed in clause 1(4) and (5), and in a wider list of exemptions enumerated in schedule 1.

Clause 2, the second substantive clause, essentially makes a series of amendments and modifications to existing sentencing legislation. Those are enumerated in schedule 2, which is quite long, and they essentially correct minor errors, streamlining sentencing procedural law. For example, they change language to avoid inconsistency and update statutory references. Because any consolidation must operate on the current law, we need to make those changes to enable the consolidation to happen in a technically correct way. They are therefore all essentially technical amendments to ensure that legislation works in the way that is intended.

I stress that the provisions of neither clause 1 nor clause 2 make any substantive changes to sentencing law. They do not increase or reduce the penalties for any particular offence; they simply clarify the way that sentencing law is available to judges to use when they pass sentence. It is a procedural simplification. Nothing in the Bill changes the actual level of sentences that are available to the courts to pass down.

Clause 3 is a technical interpretation clause, clarifying what is meant by the various definitions and phrases used in the Bill. Clause 4 provides regulation-making powers in the Bill, if any changes need to be made that are necessary for the implementation of the sentencing code and for no other purpose. Any such statutory instruments would be made by the affirmative procedure.

Finally, clause 5 sets out the commencement provisions. Although, of course, the regulation-making powers will have effect upon gaining Royal Assent, the wider force of the Bill takes effect only when the sentencing code has been passed. The sentencing Bill enacting the code will be before the House relatively shortly.

I do not wish to detain the Committee any longer discussing clauses to which no amendments have been tabled, but I hope that gives the Committee a flavour of the clauses’ operative effect. This is a piece of extremely important legislation that I think the entire legal community will strongly welcome. It is a shame that it could not have been introduced any earlier, but we are doing so today, and it will greatly improve the operation of criminal sentencing in this jurisdiction. I urge the Committee to agree that clauses 1 to 5 stand part of the Bill.

[Alex Cunningham (Stockton North) (Lab)]

This is the first piece of legislation that I am leading on as a shadow Justice Minister, and I am sure that it will be the first of many over the coming months, particularly given the Government’s legislative programme and the need for action in so many parts of our justice system. It is very clear to me, and to others, that the Government are facing a series of crises, from the impact of the coronavirus in prisons to the huge backlog of cases in the Courts and Tribunals Service, which had reached over 1 million, months before the pandemic. Much action is clearly needed.

I join the Minister in thanking the Law Commission and others who have been working so diligently on preparing this material. As has already been said, this is a largely technical and uncontroversial Bill and we have tabled no amendments. We agree that we cannot continue with complicated and complex guidance on sentencing, which is resulting in unfair sentences that are causing further problems, such as costs and delays in justice processes. Our current system is in no way perfect, by any measure. A near-dysfunctional mess of mixed legislation and amendments has, over time, led to wrong sentencing decisions resulting in lengthy and costly appeals, adding more and more stress to what is an overburdened justice and court system, as I referred to earlier. There must be a standard approach to provide clarity.

Offenders receiving unlawful sentences is unacceptable. That could mean offenders receiving more lenient sentences than the law says they should receive, or it could mean an excessive prison sentence outside of the guidelines for the particular offence committed. The Minister pointed out earlier that the survey showed that 36% of sentences were seen to be wrong. That is unacceptable in a just judicial system.

--- Later in debate ---

[Rob Butler (Aylesbury) (Con)]

I should state at the outset that, before coming to this place, I was a magistrate for 12 years and consequently sentenced a large number of offenders. For some 18 months, I was the magistrate member of the Sentencing Council. While there, I was party to briefings by the Law Commission on the proposed sentencing code that is indirectly the subject of today’s legislation.

The sentencing code is greatly to be welcomed, and thus so is this legislation. It must be right that sentencing law is as clear and straightforward as possible, in the interests of justice for all parties in a case, including, naturally, not only the offender being sentenced, but the victim of the crime, for whom clarity and certainty can be a comfort. It follows that it must be right to take the necessary steps towards achieving that aim by amending existing legislation to facilitate the enactment and operation of the proposed sentencing code. The clean sweep approach covered in clause 1 is a significant step that will help avoid errors and appeals resulting from historic or redundant aspects of legislation being incorrectly reflected in a sentencing exercise. I welcome the improvement that that will bring to initial sentencing decisions and am reassured that the concomitant safeguards against retroactivity will protect human rights.

Although the details of other clauses of this Bill may not seem to merit great discussion in and of themselves, they do form part of a significant and important process to improve a vital element of the criminal justice system. In the interests of brevity, I will reserve any other remarks for Third Reading. However, I ask the Minister to do all he can to ensure that the magistracy is properly trained once these provisions come into place, along with the sentencing code, to ensure that they are able to apply to all correctly and appropriately.

[Chris Philp]

Let me start by also welcoming the hon. Member for Stockton North (Alex Cunningham) to his place on the Opposition Front Bench. Like him, I am looking forward to many exchanges in the coming weeks and months as we debate the volume of legislation coming through and other matters connected to our courts system. He mentioned the issue of the case load before the courts. Of course, the outstanding case load before the Crown court prior to coronavirus was significantly lower than it has been in the past, particularly in the 2000s, but we want to get it down even further. Naturally, coronavirus is causing a number of challenges in the courts, but he will know that we are reintroducing jury trials. That commenced on 18 May and they are now operating in seven courts. We intend to expand that as quickly as we safely can; we hope that a number of courts that have been closed will reopen as soon as they are safely able to do so. He will also be aware that we are expediting the roll-out of the cloud video platform, which will allow many, many hearings to take place on the platform which otherwise, owing to social distancing, would not be possible. This probably is not the time to rehearse everything in detail, but let me reassure him that a huge amount of work is being undertaken by the Ministry of Justice and by Her Majesty’s Courts and Tribunals Service to make sure that our courts system functions in the way that we want and that we avoid the accumulation of large backlogs as a result of the coronavirus epidemic.

The hon. Gentleman asked particular questions on the timing of the Sentencing Bill enacting the sentencing code. As I said, we are hoping to bring that forward in this House as soon as we can. I regret to say that I cannot give him a precise time, as it is still subject to agreement by business managers, but we want to bring it forward as quickly as we can. We will also make sure that regardless of the sequencing between that Sentencing Bill and the Counter-Terrorism and Sentencing Bill, they technically fit together. I was glad to hear him, in essence, welcoming the Counter-Terrorism and Sentencing Bill, which we will be discussing shortly; I hope it is one of those topics where we can approach it across the House in a bi-partisan spirit of co-operation. Matters touching on national security and protecting the public from terrorism are topics where, in general, we are able to work together, and I very much hope that will apply to that Bill as well.

My hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), the Chairman of the Justice Committee, echoed my thanks to Professor David Ormerod, which I wholeheartedly endorse and repeat. I wish to give my hon. Friend the assurance he requested that the approach he laid out here in terms of clarity, consistency and consolidation is a principle that we would wish to apply in the future.

It is no good doing the consolidation exercise once and simply having a snapshot. We want it to be, as he put it, a living instrument that will be applied into the future so that the consistency and clarity that the Bill and the sentencing code will bring are not frozen in time but rolled forward and applied in the future too. I can therefore give him the assurance that he asked for.

The hon. Member for Vauxhall (Florence Eshalomi) raised a question following up an intervention, which I recall, from her colleague the hon. Member for Hammersmith (Andy Slaughter) on Second Reading, which happened in a Committee Room a few weeks ago. I think I said that publishing guidelines on common errors that might be avoided was a matter probably best handled by the Judicial College, or possibly the Judicial Office. I will follow up again with them to check in on progress in that area.

In a similar spirit, my hon. Friend the Member for Aylesbury (Rob Butler), who is of course extremely experienced in this area, as he mentioned, drew attention to the importance of training. Again, once the sentencing code is enacted, the Ministry of Justice will work with the Judicial Office, the Judicial College and of course the Magistrates Leadership Executive to ensure that the training measures are in place so that the judiciary who are using the code are able to do so to best effect.

I thank Members who contributed to the debate for their very constructive and thoughtful comments. Again, I commend clauses 1 to 5 to the Committee.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 5 ordered to stand part of the Bill.

Schedules 1 and 2 agreed to.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third Reading

Justice

Chris Philp Excerpts

Monday 4th May 2020 Ministerial Corrections

[Sir Desmond Swayne (New Forest West) (Con)]

How often are the circumstances set out in amendment 1 under new subsection (1)(a)(i) and (ii) actually likely to occur? A life sentence for photographic offences—is that actually likely to happen often?

[Chris Philp]

… It is worth mentioning, in response to my right hon. Friend’s intervention, that amendment 1 adds into the provisions of this Bill sentences of imprisonment for public protection, which can also be handed down for making indecent images. Clause 2 covers the slightly broader type of sentence—namely, extended determinate sentences, whether they are handed down for manslaughter or the failure to disclose the subject of an indecent image. He is quite right to point out that in cases where there has been a failure to disclose the victim of an indecent image, it is more likely that there will be an extended determinate sentence than a life sentence. Indeed, in the case of Vanessa George, the sentence handed down was an extended determinate sentence, so that would have been caught by clause 2 rather than by clause 1.

[Official Report, 3 March 2020, Vol. 672, c. 786.]

Letter of correction from the Parliamentary Under-Secretary of State for Justice (Chris Philp):

Errors have been identified in the response I gave to my right hon. Friend the Member for New Forest West (Sir Desmond Swayne).

The correct statement should have been:

[Chris Philp]

… It is worth mentioning, in response to my right hon. Friend’s intervention, that amendment 1 adds into the provisions of this Bill sentences of imprisonment for public protection, which can also be handed down for making indecent images. Clause 2 covers the slightly broader type of sentence—namely, extended determinate sentences, whether they are handed down for manslaughter or the failure to disclose the subject of an indecent image. He is quite right to point out that in cases where there has been a failure to disclose the victim of an indecent image, there will now be an extended determinate sentence than a life sentence. However, in the case of Vanessa George, the sentence handed down was a sentence of imprisonment for public protection, so that would have been caught by clause 1 rather than by clause 2.

Sentencing Code Volume I: Report

Chris Philp Excerpts

Tuesday 28th April 2020 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

I am today announcing the Government’s final response to the Law Commission’s report on the sentencing code, published on 22 November 2018. The final response can be found at: https://www. gov.uk/government/publications/government-response-to-law-commission-report-on-the-sentencing-code.

In May 2019 the Government issued an interim response which accepted the main recommendation of the report to take forward the Sentencing Bill and the Sentencing (Pre-consolidation Amendments) Bill, and committed to consider its 11 secondary recommendations in further detail. Detailed responses to each of those recommendations are set out at the above link.

The Government reiterate their thanks to the Law Commission for the enormous effort that has gone into producing the report and accompanying legislation, and congratulates the Law Commission on an outstanding achievement.

[HCWS210]