Immigration Detention

John McDonnell Excerpts

Thursday 10th September 2015 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I apologise for coming late to the debate, after the first half hour, and missing the earlier contributions.

It is interesting that no one is defending the system overall, which is a significant breakthrough. I do not think we would have had this debate five or six years ago, but people have learned a lot of lessons. I have two detention centres in my constituency because I have Heathrow airport: Harmondsworth and Colnbrook. Thirty years ago as a local councillor, I used to visit Harmondsworth. Back then, it was a Nissen hut with no more than a dozen people in it. I now have two detention centres with a combined population of 1,000 detainees, and the system is absolutely brutal.

As I have Heathrow in my constituency, I am almost the last resort MP before deportation. My number is scrawled on the walls of the detention centres, and those detained contact my constituency office. My caseload is enormous. I do not know how my staff get through it, to be frank. It is so distressing, I wonder how they get through it emotionally as well. The pleas we receive are desperate, because of the system itself, not just the issue of deportation or removal; it is about how people have been treated up to that point. Often, someone will report as normal to the Home Office on a weekly or monthly basis and will get swept in, or it is as a result of a raid. Years ago in my constituency, we had dawn raids, with white vans and so on. They have gone now, but more raids are happening at workplaces now, so the white van system is returning. People are dragged traumatised into a detention centre. The paperwork is chaotic—we all know that—partly because of staff cuts in the department dealing with these cases. In addition, the access to legal assistance and advice is largely non-existent, except for the wonderful people providing volunteer services in the detention centres.

People do not know whether they will be there a week, a fortnight, a year or longer. The indefinite detention is the worst thing possible and it undermines individuals’ psychological wellbeing, because they do not know their future either way. That results in self-harming. I have had suicides in Harmondsworth. The case of the 83-year-old man who was handcuffed was from my detention centre in Harmondsworth. An 83-year-old man on his deathbed was put in chains and handcuffs. It was a scandal. I pay tribute to the monitoring board visiting the detention centres in my area. It monitors the system voluntarily, produces reports and exposes such scandals.

I accept all the recommendations from the all-party groups and commend the work they have done. Sarah Teather, who is no longer a Member, did fantastic work on this, both as a Minister and as a Back Bencher. I accept all the recommendations, but I want the detention centres closed. There are alternatives within the community, such as those my right hon. Friend the Member for Oxford East (Mr Smith) raised. There must be a more civilised way of dealing with people. I used to visit children in Harmondsworth, and I raised the matter time and again with the then Prime Minister and Deputy Prime Minister. I am pleased we no longer have children in the full detention centres, but we still detain children.

I give this warning: if the detention centres are not closed, there will be more self-harming and more suicides. Harmondsworth has been burned down twice as a result of rioting. The hunger strikes go on, as we speak, on a regular basis. The riots will come back. This is no way to treat our fellow human beings. We have to find another way. Yes, let us accept the recommendations today, but in the long run let us close these establishments, which have so significantly failed to respect the human rights of those detained.

Reports into Investigatory Powers

John McDonnell Excerpts

Thursday 25th June 2015 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I am chair of the cross-party National Union of Journalists parliamentary group, and for the last two years, with Government co-operation, we have gone through the highways and byways of each piece of legislation—ranging from the Police and Criminal Evidence Act 1984 to RIPA to DRIPA, then on to the Counter-Terrorism and Security Act 2015—to see how we can best protect journalists and their sources. I thank the Government for their co-operation throughout. We have had detailed consideration of the codes of practice to each piece of legislation, and with our lawyers meeting on a regular basis, and with the Society of Editors, we have tried to move the debate forward.

On the protection of journalists, I say to the hon. Member for Gloucester (Richard Graham) that an issue of confidence was raised in this House by all parties. As he may recall, that stemmed from the introduction of PACE procedures, whereby there was an understanding in Government that journalists and in particular, their sources, should be protected as an inherent part of protecting our democracy. Under PACE, there was a protection whereby, if there was an application for seeking information, a journalist would be notified. They would have their day in court and be able to represent themselves, and there would be a right of appeal. That process was generally accepted by all, except some authorities.

Many of us were shocked 18 months ago when we received reports that to avoid the use of PACE, a number of authorities—the police, the intelligence services, and even local councils—had used RIPA to avoid the due process of applying, judicial overview and the right of appeal. The scale of the use of RIPA by individual authorities was immense, and I think it shocked us all when that was exposed. Local councils were using it to spy on their own staff or even people who were making applications for local schools, and so on. There was shock on both sides of the House and a feeling that that was inappropriate use of the legislation.

We then went through discussions about DRIPA. Through the NUJ and the Society of Editors, we met the Government and applied our minds to getting some protections within the codes of practice, and eventually, under the Counter-Terrorism and Security Bill. Throughout the continuing theme was the same as in today’s debate—that there was a need to rationalise the legislation, so that not only was it effective and understandable, but that it had protections in place for those with privileged or confidential information.

Anderson has been welcomed by the NUJ and others, because it goes some way towards doing that. The NUJ’s position was straightforward: it wanted an independent judicial process. In addition, it wanted automatic and mandatory prior notification of requests for accessing information, and it wanted mechanisms to challenge an application with the right of appeal. Anderson goes some way towards doing the first, and in recommendations 67 to 69, he makes special consideration with regard to journalists. He clearly states that the designated person

“should be obliged either to refuse the request”—

when it comes to identifying a journalist’s information or confidential source, and then automatically—

“refer the matter to ISIC for a Judicial Commissioner to decide”.

The NUJ welcomes that process, but I speak briefly to make a couple of appeals on the matter. Anderson recommends that there is a code of practice or ISIC guidance that specifies:

“the rare circumstances in which it may be acceptable to seek communications data for such a purpose, and…the circumstances in which such requests should be referred to ISIC.”

I say to the Minister that it would be really helpful, if the Government are going down the route of further guidance, to start the consultation process now. Again, the NUJ would welcome access to officials to commence those discussions in advance of the publication of any such guidance.

[The Minister for Security (Mr John Hayes)]

Given the brevity that I will no doubt be obliged to adopt at the end of this debate, I am more that happy to meet the hon. Gentleman to discuss the specific point that he is making.

[John McDonnell]

I am grateful to the Minister; I thought that would be his response.

May I ask that, this time round, any draft guidance is published in advance of the primary legislation, so that we are fully conversant with the implications of the primary legislation in detail when we discuss it? We were not capable of doing that in the past because of the rush of emergency legislation, but it would be helpful.

One issue that is not addressed effectively by Anderson is prior notification. I accept that there are circumstances in which prior notification becomes difficult, some of which have been mentioned today. However, there needs to be wider discussion of this issue and it must not just be dismissed in the way that it was in the report. There also needs to be further discussion about the right of appeal in respect of any decisions by the judicial commissioners in addition to those that are set out in the Anderson report. I would welcome further consultation on those elements.

I will make one final point because I know that I must be brief and that others wish to speak. Anderson does, to give him his due, stress the importance of the protection of journalists and their sources, and quotes Liberty on the issue. We must remember that those are the journalists that we sometimes do not hold in great affection. They are the journalists who exposed the MPs expenses scandal and who expose corruption. They do so on the basis of information that is brought to them by sources that need to be protected. The word “chilling” was used earlier. We said in the debates about the movement from PACE to RIPA that any undermining of the protection of sources would have a chilling effect and they would not come forward, thereby undermining the democratic accountability of administrations at all levels.

I am grateful that David Anderson quotes Liberty and bases his proposals on its principles, which state that a

“free press and the right to free speech is dependent on respect for private correspondence”.

If we establish those principles in the legislation that is brought forward, it will lay the basis for firm legislation. That will also inform the debate that we eventually have on the Pitchford inquiry into surveillance more generally.