Data Protection Bill [Lords]

Debate between Ed Davey and Yvette Cooper

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 9th May 2018 Commons Chamber

[Sir Edward Davey]

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) made a very powerful speech in favour of amendment 15, and I would like to associate myself and my party with all the comments she made. In particular, I underline the point she made that the Home Office powers in the Bill have no limit and are completely subjective.

The Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), is sitting on the Government Back Benches, talking to a colleague. She is a respected lawyer who has practised law. Imagine if she had a client who was being denied reunification with their family, was not allowed to work, was being deported from this country and was not able to have access to the information on which that decision was made. That would go against all the principles of the rule of law of which this country is proud and which this House has upheld century after century, yet she, as a Home Office Minister, is allowing that to happen.

I urge the hon. Lady to think about that and, as the right hon. Member for Normanton, Pontefract and Castleford said, go to the new Home Secretary, who said he would take a new approach and sweep away some of the past, and ask him to think again and allow amendment 15 to proceed tonight. As the right hon. Lady said, there will be another opportunity with another immigration Bill coming up soon. The Home Office Minister and the Home Secretary can rest assured that the powers under paragraph 2 in schedule 2 relating to criminal actions would cover all the examples that Ministers in Committee, on Second Reading and in the other place have given for why they think this proposed legislation is required.

[Yvette Cooper]

The Secretary of State for the Department for Digital, Culture, Media and Sport is now back in his place. Does the right hon. Gentleman agree that it would simply take a phone call between him and the Home Secretary to agree that this measure could be suspended? The whole issue could be revisited in the immigration Bill coming down the track in due course. It could be removed from this Bill now for the sake of the Windrush generation.

[Sir Edward Davey]

The right hon. Lady is absolutely right, and it is the Windrush generation who should be in our minds above all.

The right hon. Lady mentioned the need—this will be dependent on the EU negotiations—to ensure that we have access to data for national security and for fighting crime. That is in the Government’s interests as they negotiate Brexit, in particular with respect to the rights of EU citizens. I am fairly convinced that when the Commission really wakes up to the implications of paragraph 4 in schedule 2, it will say that this is acting in bad faith. The Government have agreed a settlement for the 3 million EU citizens in this country and the EU citizens who may wish to come to this country in the years ahead. The Bill will take away the rights they thought they would have. I therefore say to Ministers on the Front Bench and those on the Back Benches that they have just a few minutes or so to think again before it is too late.

Asylum Accommodation

Debate between Ed Davey and Yvette Cooper

Thursday 14th December 2017 Westminster Hall

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

I beg to move,

That this House has considered the Twelfth Report of the Home Affairs Committee, Asylum Accommodation, Session 2016-17, HC 637, and the Government Response, HC 551.

It is a pleasure to serve under your chairmanship, Mr Hanson.

The Select Committee on Home Affairs asked for this debate because we believe this is an immensely important issue. Our country has an obligation under the 1951 refugee convention to provide shelter and support to those seeking protection and sanctuary from conflict and persecution. The Committee found serious failings in the provision, quality and management of asylum accommodation across the country. The Government took nine months to respond to our report. Everyone understands that there was an election in that period, but given the time it took the Government to respond, we had hoped for more considered and detailed responses to some of our recommendations. I was certainly disappointed by some of the responses we received.

This is a crucial time for Parliament to consider this issue, because the contracts for asylum accommodation across the country are open for tender—I understand that the closing date is in three days—and we do not want the failings that we have identified in the last few years in the previous contracts and system to be carried forward into the Government’s plans for the next 10 years, which is the period the new contracts are due to cover.

Let me start with some of the things we have welcomed, both in the report and in our other work. We particularly welcome the roll-out of the Syrian vulnerable persons resettlement scheme. I welcome the work done by the former Minister with responsibility for refugees, the hon. Member for Watford (Richard Harrington), who set up that programme and worked intensively with local authorities, community organisations and charities across the country to ensure that it had extensive support. It has been heart-warming to hear positive responses from communities and organisations across the country about the way the scheme is working. We argue in our report that lessons should be learned from the scheme’s success for the wider support of asylum seekers and refugees.

Let me turn to some of the concerns we identified about that wider provision. Extensive delays in the processing of applications mean that an increasing number of people are being caught in asylum limbo and are unable to work or settle. Cases of people whose claims are not valid are still unresolved, which is unsatisfactory for them, for local communities and for the country. In the meantime, too many people are not in suitable accommodation. We were worried that in 30% of appeals the Government’s decision was successfully overturned. That suggests that in a high proportion of cases the Government simply do not get the decision right in the first place, yet they still challenge outcomes even after cases are appealed. That figure has now increased to 38%.

Since our report was published, the independent chief inspector of borders and immigration has raised real concerns about the quality of decision making and about staffing levels. Staff told the inspectorate that they felt pushed to the limit. Although the Government’s recruitment of additional caseworkers is welcome, there are still fewer than there were in 2014, and in a recent evidence session the inspector expressed concerns about recruitment and retention problems in the asylum casework system. Despite the number of new cases having fallen, in 10,552 cases people have been waiting more than six months for a decision. That represents 14,000 people and is the highest that figure has been since 2010. Some 6,952 people have been waiting more than a year for a decision—2,000 more than when we published our report. It appears that the delays in the system have in fact got worse, not better, since we raised our concerns back in February. I hope that the Minister is able to acknowledge the seriousness of those growing delays and set out what action he is taking to address them.

I raised with the Home Secretary the issue of pregnant women being categorised as “non-straightforward” just for being pregnant and, as a result, not being treated under the accelerated processes for getting decisions made as fast as possible. We heard from the inspectorate that some of those pregnant women were consequently trapped for longer in inappropriate asylum accommodation. I received a letter from the Home Secretary today, which I welcome. She says that she is looking further at this issue and that she has asked for those cases to be looked at to ensure that swift progress is made. I welcome that response, and I hope that she is able to make swift progress on those cases. I do not think any of us want pregnant women to be disadvantaged inadvertently as a result of the way their cases are addressed.

Let me move on to accommodation contracts and the procurement system. We raised a series of concerns about contract structure, oversight, funding and dispersal. I note that in the past two years there has been a small increase in the number of local authorities accepting asylum seekers. That is of course welcome, but we are still talking about just 121 out of 453 local authority areas. As I understand it, most of the increase was in the north-west, which already has the most asylum seekers.

I recognise the point that the Minister made in response to our report that some local authorities may be providing extensive support under the Syrian vulnerable persons resettlement scheme or to unaccompanied child refugees. Nevertheless, I do not think that gets us around the point that asylum accommodation is still hugely unequally distributed across the country. The Government have not really recognised the seriousness of our point that concentrating asylum accommodation in a small number of the poorest local authorities is really challenging. That undermines consent for the whole system, and it is just unfair on communities—often the most deprived communities—that support is not distributed evenly across the country. All areas should contribute.

I welcome the Government’s announcement that there will be additional provision in the new contracts for funding for the south-east, which should not be exempt from doing its bit to provide asylum accommodation. We recognise that accommodation costs are different across the country, but we would like more to be done to ensure that accommodation is properly distributed.

We recommended that local authorities be given more say and more control over where asylum accommodation goes in their areas. We heard from local authorities that did not want to engage with the Government’s system because, once they signed up, they would lose all control over where accommodation was provided in their area. There is only a 72-hour window for local authorities to respond, which is just not long enough. Most local authorities know that putting accommodation in an area with no support services, or in a ward that has experienced challenging community problems, may not be appropriate, whereas there may be a much better location with much better services on the other side of the district. As long as local authorities feel that they are vulnerable and do not have a proper say, many of them will say, “We can’t take the risk of signing up to the Government’s scheme.” That is counterproductive, because we want as many local authorities as possible to sign up.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

I congratulate the right hon. Lady and her Committee on this excellent report. She makes a powerful point on local authorities. Is it not even more powerful when we consider that local authorities are best placed to engage with the local community in order to provide support for those asylum seekers? There are many local communities, churches and other faith communities who will want to be beside and support those people, who, we should remember, are basically destitute. By not using local authorities in that way, we are preventing that extra community support from being given.

[Yvette Cooper]

That is immensely important, and it shows the stark difference between the national contract-based asylum accommodation scheme and the Syrian vulnerable persons resettlement scheme, in which local authorities have a central role; local communities and faith groups are involved in providing support and there is extensive planning for the kinds of support services needed. That community support is crucial. Too often in the asylum accommodation system, local communities feel they have had no say, and that asylum accommodation in their area has no links to either the community or local services. It feels distant and detached. That is when difficulties, tensions or misunderstandings can arise.

In the interests of community cohesion and of being able to draw on the very best traditions of our country and of those who want to provide support for people fleeing persecution and seeking asylum—people in desperate need of help—we should give local authorities a much more central role in the process.

[Yvette Cooper]

That is exactly right. A whole range of additional services might be needed, such as specialist support for those who have fled sexual violence, those who have been through family bereavement and separation, and those who need additional support for children or from education services. A whole range of different kinds of support might be needed, including different sorts of housing support. I was going to come on to this point later, but I will mention it now: there is also a need for proper support once refugee status is granted, to ensure that people can find a future in the local community, settle and get the support they need.

In response to that point, the Government have set up a handover pilot. I welcome that and would like to see the results of the pilot; that would be very welcome. As I understand it, the concern of some of the charities working with asylum seekers and refugees is that it is quite sporadic and it has not worked effectively in some places. I would be interested to know the Minister’s assessment of how that work is going, because if we can swiftly help people into work and help them to be embedded in their local community, that is extremely important. It is another good example of what has happened in the SVPRS and, again, something that should be provided more widely. I flag up the concern that the delays in the universal credit scheme, which have been widely discussed in other debates in this House, could make things worse for the settlement of refugees once they have successfully claimed asylum.

Returning to the point about commissioning contracts and providing accommodation, the Committee made a series of recommendations that the Government have not engaged with, including the recommendation that local authorities be given more say and control over where in their area asylum accommodation should go. Alongside that, we should be prepared to oblige local authorities to do their bit. If we give local authorities more flexibility and ability to shape the services, then we should also ensure that there is an obligation on them, so that they cannot just turn their backs and walk away without doing their bit for any of the difficult refugee and asylum schemes in place. Everybody has to do their bit.

We also recommended looking at devolving the commissioning of contracts, rather than having big, national contracts that end up being divorced from local communities, centrally managed and therefore not responsive to local circumstances. For example, we recommended handing commissioning over to the regional strategic migration partnerships that have played a central role in the SVPRS. Why not let them do the commissioning? Why not allow for more flexibility in local areas, so that in some areas the accommodation could be provided by local authorities or charities, rather than it all being done through a small number of national companies—particularly given the challenges we have had over the last period with the way those contracts have worked?

It is disappointing that, instead, the Government have stuck to basically the same contract model, rather than learning from an alternative scheme that is working or looking at alternative ways of doing this. Given the challenges and problems, I am also concerned at the idea of locking in those contracts for 10 years, seemingly with no review period built in during which we could change, adapt or get out of the contracts. We also argued for local authorities to be given a role in inspecting the contracts, because we identified that some of the problem—and this was the evidence we heard—was that the quality inspection regime is not working effectively enough. Giving local authorities that role, and the resources that must go with it, might make for more effective inspections.

[Sir Edward Davey]

I am sorry to intervene on the right hon. Lady again. She is talking about contracting; does she think it is an interesting idea to open it up to local authorities, perhaps working through strategic migration partnerships, so that they could compete? We might even see several different types of contract with several different types of provider, so we could learn lessons.

[Yvette Cooper]

I do. Giving responsibility for commissioning to the strategic migration partnerships would give us the ability to look at the links between accommodation and broader services, and allow those partnerships to take decisions on a mix of different kinds of accommodation provision within a region. Those could include local authorities bidding to provide accommodation themselves, or working in partnership with other local authorities, charities, housing associations or different kinds of organisations. That allows for wide variety, and for different kinds of bids and proposals to come forward. That was our recommendation in the report.

The remainder of my remarks will be on perhaps the most troubling and distressing part of the evidence we took and of the conclusions we came to in our inquiry. This concerns the quality of the accommodation provided. In our report, we warned that some of the accommodation that we saw or took evidence on was just not fit for human habitation. Committee members visited accommodation, and we certainly saw some that was good quality, but we also saw some that really was not adequate.

In one initial accommodation that I went to, I talked to a women who had I think three very small children. She and her husband had to take it in turns to come down to the communal room to eat because they could not manage to get all the kids down the stairs. They had been put in an upstairs room that was not appropriate for them, and they basically had not taken the kids out of a small room in weeks. That was clearly not appropriate accommodation for that family, who had been through very difficult experiences.

Our report listed serious failings, such as infestations of bugs or cockroaches, unsafe accommodation and inappropriate sharing of accommodation. Our conclusions were that some of the accommodation is a disgrace, and it is shameful that some very vulnerable people have been placed in such conditions. There are different bits of the Government’s response that I disagree with, and we will have disagreements about the policy way forward, but the bit of the Government’s response that troubled me most was in response to our conclusion about the serious inadequacy of some of the accommodation. It simply said:

“The Government does not agree with this conclusion”.

Had the Government said that they recognised that some of the accommodation falls below acceptable standards, and told us the action they were taking to resolve the problem, we would of course have pressed them on their progress, but we would have welcomed the commitment to action.

I am quite disturbed by what appears to be the Government’s failure to recognise that there is a serious problem with the quality of some of the accommodation. We have a responsibility to make sure that the accommodation that people are in is fit for human habitation, but the conditions that some people are stuck in are inhumane. I will give hon. Members an example that I received from the Red Cross since our report and the Government’s response came out:

“My furniture was very old. Some had blood on them. I couldn’t sleep on the bed; there was blood on the bed, like menstruation blood. They gave me new sheets but no duvet. I couldn’t use it. I used my own clothes/wrap as sheets until I got the first money as an asylum seeker and I used this money to get new sheets.”

It is really troubling that somebody is being put in accommodation with that kind of quality problem.