22 Lord Mackinlay of Richborough debates involving the Home Office

Wed 27th Apr 2022
Mon 7th Mar 2022
Mon 22nd Nov 2021
Tue 21st Jul 2020
Wed 20th Feb 2019
Wed 27th Jun 2018
Offensive Weapons Bill
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons

HM Passport Office Backlogs

Lord Mackinlay of Richborough Excerpts
Wednesday 27th April 2022

(3 years, 11 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

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Kevin Foster Portrait Kevin Foster
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I am disappointed to hear the hon. Gentleman’s comments and the tone of them. We have not been nonchalant. Although others have not shown too much interest until now, the teams—including those in the hon. Gentleman’s constituency—have been working hard. In some cases, they have been working extra hours over weekends—for which I pay tribute to them—to produce a record output that is far above any other Passport Office output on record.

What the hon. Gentleman says sounds rather odd when we are recruiting extra staff and making sure that cases can still be expedited if there are urgent demands. We were clear last year that we put the service standard at 10 weeks to make sure people knew that they may need to allow extra time. Last year, we sent 4.7 million texts to those who had not renewed their passport to try to encourage more people to get their passport applications in. Far from our being nonchalant or uninterested, a lot of work has been done. It is a shame that the passport teams working hard in the hon. Gentleman’s constituency are perhaps not getting some of the credit they deserve.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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I appreciate that the surge is such because people have not been able to go away, which was not unanticipated, but I have not heard of too many problems with the online system. People can do online applications and they have been fairly quick.

I have a number of cases, one of which is from just this morning. I will not mention their name in case they get a miracle and are able to go on holiday to Mykonos on Saturday 7 May—I would not want to advertise that they might be away. They have new twins so have to use the paper-based system. Has the Minister been to the passport office at Peterborough or anywhere else to see the volume of physical mail that is sitting at these offices? Is it that working from home has really not helped the system over this recent period?

Kevin Foster Portrait Kevin Foster
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Clearly, there were times over the past couple of years when people were working from home. I have to say that for things such as document scanning, the teams are in the office. A small cohort are employed to work fully digitally, but I have to say that they work on digital applications—for obvious reasons—that can be fully worked on at home. The digital system has provided a great help in dealing with the level of demand, given that it simplifies the process all the way through, including for the applicant. I accept that there are cases in which the digital system cannot be used for particular reasons.

On where we are with the process, things are getting through but, as I say, we advised people to allow 10 weeks, partly because we wanted to be up front with people about potential challenges, but also to ensure that we could get through applications and people did not miss the holidays they had booked. As I say, again, if there are compelling or compassionate reasons, we will look to expedite.

Global Migration Challenge

Lord Mackinlay of Richborough Excerpts
Tuesday 19th April 2022

(3 years, 11 months ago)

Commons Chamber
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Priti Patel Portrait Priti Patel
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I refer the hon. Gentleman to the comments I made earlier on Rwanda: Rwanda is a safe country and I think his tone on Rwanda as a country and our partnership is unjustifiable and insulting. I will leave my remarks there, Madam Deputy Speaker.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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It seems to me that some actively celebrate the porosity of the French border. That weakness has seen 28,000 irregular crossings, a huge number of appalling deaths and a trade that is bigger than the drugs trade. Contrast that with my right hon. Friend’s new policy, which will normalise proper immigration rules, taking people to safe countries for proper processing in the right way. Can she understand my confusion that people are not celebrating this new policy?

Priti Patel Portrait Priti Patel
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I thank my hon. Friend for his support and his comments. As I said earlier, I think the Opposition should just be honest about their position. They clearly stand for open borders; they do not believe in controlled immigration. We have a points-based immigration system that provides legal routes for people to come to the United Kingdom. They do not want the differentiation between legal and illegal routes, but I will tell you who does, Madam Deputy Speaker—the British people.

Economic Crime (Transparency and Enforcement) Bill

Lord Mackinlay of Richborough Excerpts
Priti Patel Portrait Priti Patel
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Not just yet.

As I have said, further measures are coming shortly in other legislation and some of them will take more time to be developed.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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On the vexed issue of trusts, whether they be domestic or, more likely, foreign, if they are of a discretionary nature, there is no absolute beneficiary, by their very definition. They may be tucked away in a trust deed in some foreign jurisdiction of which we do not have details. I have looked through the legislation and can see no way in which we can penetrate some of those trusts. I do not even know whether we should, because of the nature of discretionary trusts, for which there will be a list of potential beneficiaries but no absolute beneficiary. The legislation will catch absolute beneficiaries, but I cannot see how discretionary trusts can be caught or, frankly, ever could be.

Channel Crossings in Small Boats

Lord Mackinlay of Richborough Excerpts
Monday 22nd November 2021

(4 years, 4 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Priti Patel Portrait Priti Patel
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It is important to restate, for the right hon. Lady’s benefit and that of all colleagues, that, as she will know, through the new plan for immigration and the work we are doing with the Nationality and Borders Bill, we are crystal clear about giving refuge to people who are fleeing persecution through safe and legal routes. That is in line with the refugee convention. I spend a great deal of time speaking to the UNHCR, the International Organisation for Migration and other international agencies that will work with us on this issue. I have to say that the right hon. Lady offered a slight mischaracterisation of the Nationality and Borders Bill.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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I congratulate my right hon. Friend on the robustness of her language and her clear desire to stop irregular crossings. Poland has very much welcomed international assistance; I recommend that she makes a broad and generous offer to her French counterparts and asks how many British police, Border Force staff and, perhaps, troops we can put on site—on the beaches in France—to assist in their efforts and arrest more evil people smugglers.

Priti Patel Portrait Priti Patel
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Let me put my hon. Friend’s mind at ease and at peace: I have done exactly that.

Misuse of Nitrous Oxide

Lord Mackinlay of Richborough Excerpts
Tuesday 21st July 2020

(5 years, 8 months ago)

Commons Chamber
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Kevin Foster Portrait Kevin Foster
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Absolutely—it is about being clear that laughing gas is no laughing matter, in terms of the impact that it can have on people’s health.

Nitrous oxide is considered a psychoactive substance under the Psychoactive Substances Act 2016. As has been touched on, it has legitimate uses in medicine, dentistry and even as a propellant for whipped cream canisters, but it is an offence to supply nitrous oxide if someone knows that it will be used for its psychoactive effect, or is reckless in that regard, rather than for a legitimate purpose. Those convicted under the Act may be subject to a maximum sentence of seven years’ imprisonment, an unlimited fine, or both.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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We have the same problem as the hon. Member for Canterbury (Rosie Duffield) on the beaches. It seems to be the fashion of the day. The Minister said that there are controls on retailers, but I have just looked online and eBay is selling these things—100 for £48.95—despite the guidance from the Government that this should not be on open sale. Something is going wrong with these online retailers, and something needs to be done.

Kevin Foster Portrait Kevin Foster
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I thank my hon. Friend for his intervention, and I will come in a minute to some things we are looking at—a package partly around online harms more generally, which include, of course, things being sold online and where people are being reckless as to what may end up being done with them.

In 2016, there were 28 convictions under this legislation in England and Wales, with 152 convictions in 2017, 107 convictions in 2018 and 52 convictions in 2019. These figures include those related to nitrous oxide, but a breakdown by drug substance is not available.

In November 2018, the Government published a review of the Psychoactive Substances Act 2016, which provided detailed insight into the way in which the Act has affected the sale and use of potentially harmful psychoactive substances. The review concluded that, after the 2016 Act came into force, 332 retailers across the United Kingdom were identified as having closed down, including many so-called head shops, or stopped selling new psychoactive substances. Anecdotal evidence from the police shows that open sale of NPSs on our high streets ceased. Meanwhile, action by the National Crime Agency resulted in the removal of psychoactive substances being sold by UK-based websites.

The Government have published guidance for retailers to satisfy themselves that they comply with the law, recommending that retailers, including those operating online, should pay particular attention to the potential for abuse of nitrous oxide, especially where customers seek to buy in bulk or larger volumes, or where, by the nature of the sale, it is clear they are unlikely to be used for legitimate purposes. I would also point out that the sale of nitrous oxide for its psychoactive effects is illegal regardless of the age of the purchaser, although selling to children could well undermine a retailer’s defence that they had taken appropriate steps to prevent its being misused and were effectively being reckless.

Turning to the need for tighter online regulations, the Online Harms White Paper sets out the Government’s plans to make companies more responsible for their users’ safety online, especially for children and other vulnerable groups. The supply of psychoactive substances for their psychoactive effect will fall within the scope of the planned legislation set out in the White Paper. The Government’s initial response to the consultation on the White Paper was published in February, which gave more detail on the policy position and named Ofcom as the Government’s preferred independent online harms regulator. We will publish a full response to the consultation in the coming months and, crucially, aim to bring legislation before Parliament in this Session.

The Government are committed to helping people feel safe in their local area, and are giving police the powers and resources to do this. The police funding settlement for 2020-21 sets out the biggest increase in funding for the policing system in a decade. The Government will provide a total police funding settlement of up to £15.2 billion in 2020-21, which is an increase of up to £1.12 billion compared with 2019-20, including main grant, council tax precept and national priorities. Police and crime commissioners will receive £700 million to recruit up to 6,000 additional officers by the end of March 2021. These will be shared among the 43 territorial police forces in England and Wales. The increase in officer numbers will help the forces in England and Wales tackle crime and keep our communities safe, including by tackling problems associated with nitrous oxide abuse.

Turning to the role of local government, the Anti-social Behaviour, Crime and Policing Act 2014 introduced powers such as public space protection orders that the police and local councils can use to prevent people from taking intoxicating substances, including psychoactive substances such as nitrous oxide, in specified areas. I know the hon. Member for Canterbury will be working with her local council to ensure these are used, where appropriate, in her constituency, as I saw the coverage in the local press of this debate when she had secured it.

With regard to the littering associated with the misuse of nitrous oxide, often the small canisters left lying in the street, as my hon. Friend the Member for Wycombe (Mr Baker) mentioned, can be not just unsightly but a danger to road users. Local councils have a statutory duty to keep their land clear of litter and refuse. It is, of course, an offence to drop litter, and councils have legal powers to take enforcement action against offenders. Anyone caught littering may be prosecuted in a magistrates court, which can lead to a criminal record, although instead of prosecuting, councils normally will decide to issue a fixed penalty or on-the-spot fine. We have increased the maximum fixed penalty for littering from £80 to £150 since April 2018, and from April 2019 the minimum fixed penalty was also raised from £50 to £65. We have also given councils in England outside London new civil penalty powers to tackle littering from vehicles.

We recognise that in the current circumstances local authorities may well have more challenges than usual in collecting all kinds of waste, as outlined in the speech by the hon. Member for Canterbury. The Government have therefore announced a multibillion-pound support package for local authorities, in responding to the covid-19 pandemic, to ensure these demands can be met.

Lord Mackinlay of Richborough Portrait Craig Mackinlay
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The Minister has outlined the legislation, as well as the background to the powers that councils have and that the Psychoactive Substances Act 2016 gives us, but very few offences are taken further under that Act, which is disappointing. The frustration the public have is that although we have oodles of legislation, we do not seem to be applying it.

Kevin Foster Portrait Kevin Foster
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I appreciate my hon. Friend’s frustration, and having campaigned for the 2016 Act I know what the situation was before that, when the theory was that a shop would be selling research chemicals, with the idea that a research chemist was going to walk down the street and buy something for their next project. That is why we introduced that Act. We are looking to legislate further on online harms, taking on board some of the points made about where things can be bought online, and tightening those provisions. Similarly, particularly where there are problems in local areas—for example, if people are taking substances on the street—there are powers that can be used. Similar powers can also be applied to those drinking alcohol. That is not a criminal offence in itself, but if it leads to antisocial behaviour and those tests are met, an order can be applied for to prevent that taking place in a particular location.

Deprivation of Citizenship Status

Lord Mackinlay of Richborough Excerpts
Wednesday 20th February 2019

(7 years, 1 month ago)

Commons Chamber
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Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Sajid Javid Portrait Sajid Javid
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I have seen for myself some of the work the hon. Gentleman has done, particularly in the west midlands, to help with deradicalisation, and I commend him for it. It is important that he and others continue such work and continue working with local authorities and other partners in doing so.

The hon. Gentleman asked me about deprivations generally and talked about the rule of law. Of course we operate according to the law, as does any Government, and that law is set by this House. I referred earlier to the British Nationality Act 1981 and the Immigration Act 2014. Both talk about deprivation. The 2014 Act extended the provisions for how deprivations can be done. He was a Member of the House in 2014. I am not suggesting he voted for the Act—I do not know; the point is it was debated and is now the law. This is the rule of law. As well as that, we are signed up, quite rightly, to a number of international conventions that we care deeply about. The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) mentioned the UN universal declaration of human rights. There is also the convention on the rights of the child, which is relevant in some cases. Those are all hugely important, and we absolutely abide by them.

I cannot stress enough that we would not make a decision that had not been looked at carefully by Government lawyers—experienced lawyers who have worked for many Governments—and which we did not feel to be absolutely lawful. I do not pretend for a second that Governments do not get decisions wrong and that decision are not sometimes declared unlawful if challenged—that has happened under many Governments, and when it does happen, Governments have to listen—but we strive every time to make a completely lawful decision. We have in the past published transparency reports in the House on deprivations—the last one, which was published in May, I think, gives year-by-year numbers—and we will continue to be transparent. The hon. Gentleman also asked about TPIMs. I do not have the exact numbers, but I will write to him.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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In fighting Daesh, we faced a new phenomenon. People through their own actions decided to join and embrace a new foul and warped state. It was a matter for them to choose. May I therefore commend my right hon. Friend for the bold action he has taken, which I am sure is supported across the country? Will he reassure me that our position on these difficult issues will be rooted in British values and proper judicial processes?

Sajid Javid Portrait Sajid Javid
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I am happy to give my hon. Friend that reassurance. He is right to talk about the threat from Daesh. It is not the first and will not be the last terrorist organisation that we have to confront, but the number of people who left Britain to join that vile terrorist organisation, and to commit the most horrific crimes either themselves or by supporting what it wanted to achieve, was unprecedented. I do not think that any country that has faced a similar problem—citizens leaving to join such organisations—has a perfect answer to deal with it, which is why it is important that we work with other countries, which we will do. I assure my hon. Friend absolutely that we must always uphold our values. As I said in answer to the previous question, we must ensure every single time that we act properly and at all times within the law.

Offensive Weapons Bill

Lord Mackinlay of Richborough Excerpts
2nd reading: House of Commons & Money resolution: House of Commons
Wednesday 27th June 2018

(7 years, 9 months ago)

Commons Chamber
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Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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Prior to the debate, we were furnished with a huge number of statistics, and those statistics make stark and appalling reading, because behind every one of them is a real life that has been lost, a family that has been destroyed or a person left with life-changing disfigurement and injury. In 2017—a particularly bad year—we saw a 22% increase in offences involving knives, an 11% increase in firearms offences and a near tripling of recorded corrosive substance attacks. Within a few miles of where we sit, in the city of London, we have seen more than 70 murders just this year.

I am pleased that a good proportion of the Bill is devoted to putting on a statutory footing many of the voluntary commitments that retailers have given over the last couple of years, and I know that many local authorities have worked with local traders to implement codes of practice regarding knife and corrosive substance sales. I am also pleased that the Bill extends to internet business-to-consumer sales, which is long overdue.

Clauses 12 to 27 contain expansive measures to restrict and control the supply and ownership of bladed items. That has been mentioned at length this afternoon, not least by my hon. Friend the Member for Walsall North (Eddie Hughes). We need a complete prohibition of these things called zombie knives, which are particularly fearsome and have no value in what they look like. They are not like 18th-century samurai swords; they have one sole purpose. They have cutting, serrated edges and are deemed and bought to be threatening and offensive.

Bob Stewart Portrait Bob Stewart
- Hansard - - - Excerpts

I am particularly concerned that on the internet, for under a tenner, one can buy a commando knife, which is the ultimate killing knife.

Lord Mackinlay of Richborough Portrait Craig Mackinlay
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My hon. Friend is all too aware of the use of such weapons from his previous life. He makes a valid point—it is not just zombie knives. All manner of offensive and dangerous weapons are available out there.

The provisions related to bladed articles are proportionate, robust and to be welcomed. However, the great problem, of which my hon. Friend the Member for Hendon (Dr Offord) spoke, is that in every single kitchen in every single house there are the tools available to cause havoc on our streets. No matter how we frame the Bill, it is very difficult to legislate against the domestic knives that exist absolutely everywhere and are too often the weapon responsible for murders on the streets of this country.

Also, we heard clearly from my hon. Friend the Member for North Dorset (Simon Hoare) that we must be careful not to criminalise the legitimate sale of bespoke, expensive cutlery by mail order. That is a consideration.

The great difficulty, which I do not think this Bill fully addresses, is sale on the internet from foreign sources to domestic customers in this country. It is obviously impossible for a UK Bill to extend its remit extraterritorially, but I recommend that the Minister give serious thought, either this afternoon or in Committee, to including in the Bill a provision for responsibility to fall on the agent company that has facilitated the trade—whether a corporate body such as eBay or Amazon, or something else. These have become the primary facilitators of foreign business transactions and of selling to UK domestic consumers, and it is time they bore responsibility for what they are doing.

I understand the thinking behind the provisions in clauses 28 and 29, relating to high muzzle velocity rifles, but in my view this precautionary principle simply goes too far. As many right hon. and hon. Members have mentioned, there are no cases at all of high muzzle velocity or high-energy rifles being used in any criminal act. It is also beyond me how it was decided that 13,600 joules—or 10,000 foot-pounds in old money—should be the limit. Why not 13,500 joules or 10,000 joules, or anything else?

These are obviously powerful weapons, and they could be used as a sniper rifle, for instance, but they have never been used as such. They are large, heavy and unwieldy, and they have never been used for such purposes. For those who want to own such weapons, the reality is that it is very difficult to get hold of one. People are required to apply for a firearms certificate, which means an interview by the local police force, a Disclosure and Barring Service check and security measures in their house to ensure that any such weapon is securely stored, while increasingly—this applies across many police forces—their vetting will need to be confirmed by a GP.

Given the numbers involved, these provisions are ill thought out. As the Minister will be aware, the handgun—banned since 1997, but all too easily obtained and illegally held—is the criminal’s weapon of choice. This weapon is the killer on the street. Banning high-power rifles, on the basis of what I consider an overweening precautionary principle, would be as daft as banning vans or lorries, which in some circumstances can be, and have been, used as offensive and lethal weapons.

I support the thrust of the Bill—I absolutely support the measures against bladed weapons and chemicals—but I ask for some sensible thinking about single-shot high-energy rifles. I really beg the Minister to look again at internet facilitators, because it is time that they took responsibility for connecting businesses abroad with consumers at home and that they were held accountable for what they are doing in the consumer market.

Cannabis-based Medicines

Lord Mackinlay of Richborough Excerpts
Tuesday 19th June 2018

(7 years, 9 months ago)

Commons Chamber
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Sajid Javid Portrait Sajid Javid
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I thank the hon. and learned Lady for her comments. She is right to highlight that thousands of people may be suffering. No one knows the exact number, but it is estimated that at least 10,000 children in the UK have a drug-resistant form of epilepsy. That really puts into focus what a big difference these measures can make. I can also give her an assurance about bureaucracy and hurdles. Frankly, there has been a lot of bureaucracy and many hurdles in the way until now. The decision that we made on Friday was unprecedented, as are the measures that we are putting in place. The expert panel will make a huge difference. Its whole purpose is to make the process as smooth and quick as possible, based on medical advice at all points. I do not want to prejudge the review, but I am sure that the hon. and learned Lady can sense the direction.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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As chair of the all-party parliamentary group on cannabis: harmful effects on developing brains, I thank my right hon. Friend for his assurances that any future medicinal use of cannabis will not be conflated with any weakening of the Government’s position on recreational use. Is he aware of the increasingly clear evidence of permanent psychosis and depression among young people who are users of what we see on our streets more regularly—skunk cannabis?

Sajid Javid Portrait Sajid Javid
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I am very much aware of that. It is perfectly correct for my hon. Friend to highlight this point. As I made clear in my statement and I am happy to make absolutely clear again, there are no plans at all to decriminalise cannabis. It is a controlled class B drug under the Misuse of Drugs Act 1971, and that will not change.

Oral Answers to Questions

Lord Mackinlay of Richborough Excerpts
Monday 8th January 2018

(8 years, 2 months ago)

Commons Chamber
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Giles Watling Portrait Giles Watling (Clacton) (Con)
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17. What steps she is taking to upgrade Border Force boats.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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21. What steps she is taking to upgrade Border Force boats.

Sheryll Murray Portrait Mrs Sheryll Murray (South East Cornwall) (Con)
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22. What steps she is taking to upgrade Border Force boats.

--- Later in debate ---
Lord Mackinlay of Richborough Portrait Craig Mackinlay
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Will the Minister tell the House what other measures the Government are undertaking to protect and secure the UK border?

Ben Wallace Portrait Mr Wallace
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Border Force, the National Crime Agency, the police and other law enforcement agencies are working with international partners to secure our borders from a range of threats, including modern slavery, human trafficking and terrorism. Over the past two years, Border Force has invested £108 million and £71 million.

--- Later in debate ---
Amber Rudd Portrait Amber Rudd
- Hansard - - - Excerpts

Among the many things we can do is to carry out effective inspections, which we already have. We will be introducing a domestic abuse and violence Bill, on which we will consult. I hope we will get lots of contributions to the consultation, perhaps including from the hon. Gentleman, so that we can ensure that we stop domestic abuse and violence at an early stage and ensure that perpetrators are properly dealt with.

Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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T6. Does the Minister share my concern that there were 59 known cases of drug-driving on Kent roads in 2016? Sixteen of those cases resulted in serious injury, and three resulted in death. What action are the Government taking to address this increasing problem?

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

I share my hon. Friend’s concerns and thank him for raising this important issue. We have developed mobile drug-driving enforcement devices to help the police to identify suspected drug-drivers at the roadside, and they help to enforce the drug-driving offence that was introduced in 2015 to make it illegal to drive with a specified drug in the body above certain limits. The Government commissioned an evaluation of that new drug-driving legislation, and we are considering its findings and recommendations as part of future work to strengthen the law.

Schengen and EU-Turkey Co-operation on Migration

Lord Mackinlay of Richborough Excerpts
Wednesday 22nd March 2017

(9 years ago)

General Committees
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Lord Mackinlay of Richborough Portrait Craig Mackinlay (South Thanet) (Con)
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It is a pleasure to serve under your chairmanship, Mr Paisley. Just over a year ago, in January 2016, the president of the European Council, Donald Tusk, declared that the EU was facing “an existential challenge”. Unprecedented pressures on parts of the EU’s external borders, large-scale secondary movements of irregular migrants within the Schengen area and a heightened sense of threat following the terrorist attacks in Paris had, he suggested, exposed

“a clear delivery deficit on many fronts”.

He gave the EU two months, until March 2016,

“to get things under control”

or risk

“grave consequences such as the collapse of Schengen.”

The survival of the Schengen area was not guaranteed. An increasing number of member states had lost confidence in the EU’s ability to forge a collective response and had resorted to unilateral action, including the reintroduction of internal border controls. Recognising the gravity of the situation, the European Scrutiny Committee recommended that a Commission communication that set out the challenges facing the Schengen area at the beginning of 2016 be debated on the Floor of the House. In the following months, it included further documents on the EU’s response to the migration and refugee crisis and the heightened terrorist threat. That response included measures to strengthen the EU’s external borders, a co-ordinated EU approach to the reintroduction of temporary internal border controls, and concerted efforts to prevent the secondary movement of irregular migrants from Greece by closing the western Balkans route. At the height of the migrant flows in 2015, more razor wire criss-crossed Europe than at any time since the cold war.

The deal reached with Turkey in March 2016 has had the greatest impact in easing migratory pressures within the Schengen area. It has also provoked the greatest controversy. Since the deal came into effect last April, there has been a significant drop in the numbers arriving in the Greek islands, but the pace of returns to Turkey—a key element of the deal—has been far slower than anticipated. There is serious overcrowding in the migration hotspots established in Greece. Conditions are reported to be desperate. The central premise of the deal is that it must be implemented in line with EU and international law, but non-governmental organisations, those operating on the ground, the United Nations High Commissioner for Refugees—the UN Refugee Agency—and the Red Cross are all concerned that this has not been fulfilled.

It seems perverse to be debating the future of the Schengen area and the EU-Turkey deal 14 months after we made our initial debate recommendation, given all that has happened in the intervening period, not least the UK’s decision to the leave the EU, yet within or outside the EU, the UK will continue to be affected by EU policies on asylum and migration, as the camps in Calais, Dunkirk and other places have vividly demonstrated.

As the Minister is aware, the European Scrutiny Committee has repeatedly expressed concern about the delay in scheduling today’s debate. Given that delay and the risk that the information contained in the documents would be stale, we offered to rescind our debate recommendation in return for a general debate on future co-operation between the EU and the UK on migration. The Government have not taken up our offer.

The EU has staked much on the sustainability of the EU-Turkey deal. Renewed migratory flows on the scale seen in 2015 would risk further fragmentation of the Schengen area and erosion of trust among member states. That was clearly seen in the recent Hungarian referendum. Few can doubt the fragility of the deal, its dependence on mutual good will and co-operation and its susceptibility to political events, and a regular flow of EU cash seems to underpin any ongoing good will. Even at its inception, Donald Tusk acknowledged that it was

“not perfect…We did everything we could to ensure that the agreement respects human dignity but I am conscious of the fact that everything depends on how it will be implemented. The deal with Turkey and closing the Western Balkans route raise doubts of an ethical nature, and also legal, as in the case of Turkey. I share some of these doubts”.

The Government motion offers no insight into how co-operation with EU partners is likely to change once the UK leaves the EU and how significant any changes are likely to be in practice. We ask the Minister to explain what, in the words of the motion,

“continuing to work alongside EU partners as part of a comprehensive approach to global migration issues”

will mean when the UK is no longer a member of the EU. How will it affect future co-operation with EU member states and Turkey in tackling the migration and refugee crisis?

Turning to the documents themselves, does the Minister share the ethical and legal doubts voiced by Donald Tusk last April, which have been echoed by many international agencies and non-governmental organisations operating on the ground? Can he assure us that the EU-Turkey deal is being implemented in full accordance with EU and international law? Do the Government consider Turkey to be a safe country for Syrians and other nationalities returned there from Greece, who are in need of international protection? What mechanisms are in place to ensure that individuals returned to Turkey are given appropriate protection? Finally, in the light of current tensions in bilateral relations between some member states and Turkey, is the EU-Turkey deal sustainable, and what are the likely implications for the UK if it were to collapse? I look forward to hearing the Minister’s response and to an informed and lively debate.

None Portrait The Chair
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Thank you very much. Before I call the Minister, I remind Committee members that during his statement interventions will not be permitted. After the Minister has made his statement, he will take questions, and I will be open to supplementaries.

--- Later in debate ---
Robert Goodwill Portrait Mr Goodwill
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The point I was making was that no deal is on the table, but certainly Libya can never be considered a country to which it is safe to return people. In any case, there are serious problems with organised criminals and people traffickers operating in Libya. The lack of rule of law in Libya is also of great concern to the international community. As I said, no deal is on the table, and no model can be delivered, but overall, the Turkey deal has saved lives and resulted in people smugglers’ business being curtailed. We can certainly learn lessons from it, if we look at similar types of deal in future.

Lord Mackinlay of Richborough Portrait Craig Mackinlay
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Little-championed countries such as Jordan and Lebanon have played key roles by doing their bit, particularly for Syrian refugees, and both the UK Government and the EU in general should thank them for what they are doing in this crisis. Turkey has taken 3 million Syrian refugees, but what sorts of numbers have the United Arab Emirates, Bahrain, Saudi Arabia and Oman taken? I think I know the answer: few or none. Given their cultural, historical and religious links and their geographical closeness, it seems somewhat bizarre that those countries in the middle east, which have huge migrant workforces, often from Asia, have not stepped up to the plate among the international community to do their bit to relieve the suffering of the Syrians. Does the Minister know what representations the EU or the UK Government have made to encourage those countries to step up to the plate?