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

Afzal Khan Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019 Commons Chamber

[Angus Brendan MacNeil]

I want to give the right hon. Lady some breaking news: apparently Labour has U-turned on its abstention and is now going to oppose the Bill. Is that right?

[Afzal Khan (Manchester, Gorton) (Lab)]

Wait and see.

[Angus Brendan MacNeil]

My goodness, we have breaking news in the Chamber: “Wait and see.”

--- Later in debate ---

[Afzal Khan (Manchester, Gorton) (Lab)]

We have heard passionate speeches from Members on both sides of the debate. By my count, 27 Members have contributed. The hon. Member for Chatham and Aylesford (Tracey Crouch) raised the niche but important issue of immigration in football. I thank the SNP spokesperson, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), and I hope he will continue to work with us in Committee.

A new immigration system must not damage our economy and our society. My speech will cover the four broad areas that Labour’s objections to the Bill fall into.

[Stewart Malcolm McDonald]

Abstain or against?

[Afzal Khan]

We will be against. Is that good enough?

First, the Bill is not a blueprint for a new immigration system, but a blank cheque. It contains broad Henry VIII powers that would allow the Secretary of State to amend both primary and secondary legislation. That point was made by my hon. Friends the Members for Bristol North West (Darren Jones) and for Birmingham, Yardley (Jess Phillips), who drew on her constituent’s awful case to highlight the importance of parliamentary scrutiny. The White Paper on immigration is not a final draft; it is out for a 12-month consultation. In any case, the Government are not tied to doing what is in the White Paper. The Secretary of State could use the powers in the Bill to introduce an immigration system that is entirely different from anything that has been discussed without parliamentary oversight or scrutiny.

If the Government go with what is in the White Paper, that would spell disaster for our economy and our society. Their own impact analysis points out that the plans would reduce GDP and would have a cumulative fiscal cost of between £2 billion and £4 billion in the first five years. The suggested short-term visa route would open the door to widespread labour abuses, creating a second class of migrant worker and enormous inefficiencies for businesses. That point was made by the hon. Members for St Austell and Newquay (Steve Double) and for Stirling (Stephen Kerr).

The Government’s plans have come under fire from their allies, as much as from their critics. The CBI described them as a

“sucker punch for many firms right across the country.”

The TUC called them

“a disaster for every worker”.

The British Chambers of Commerce accused the Government of leaving businesses with their “hands tied”. We will be looking to put sensible limits on those powers in Committee to ensure Parliament has a say on our future immigration system.

Our second big concern is about social security co-ordination. The Government already have the power under the European Union (Withdrawal) Act 2018 to ensure continuity in social security in the event of no deal. In fact, the Department for Work and Pensions has already tabled a series of negative statutory instruments that do just that. As the Government admit in the explanatory notes, the powers that they are asking for in the Bill would enable them to bring in a new approach to social security. That is a massive overreach and is entirely undemocratic. At least we have an immigration White Paper that indicates the Government’s thinking. We have no idea what they plan to do on social security.

The third issue relates to EU citizens in the UK. Despite the Government’s warm words about how much they value the contribution of EU citizens and want them to say, there is nothing in the Bill that protects their rights in primary legislation. More than 3.5 million EU citizens in the UK have spent two and a half years under a cloud of uncertainty. The Government have already started rolling back on their promises—for example, not to deny settled status to EU citizens who have not been exercising treaty rights, despite the Prime Minister’s guarantee that that would not happen. Basic fairness to those who have already moved between the UK and the EU, as well as our ability to attract talent in the future, rely on our getting this right.

Fourthly, the problem of accountability and transparency goes far beyond the Henry VIII clauses. The Tories have made it harder and harder to live as a family in this country, and my hon. Friend the Member for Birmingham, Edgbaston (Preet Kaur Gill) made the powerful point that the income threshold disproportionately affected women. The most stark and tragic illustration of this was the Windrush scandal. Let us be under no illusion: the cause of the Windrush scandal was the hostile environment. If we are to avoid a repeat of Windrush for EU citizens, the hostile environment must end. A system cannot be transparent if it is incomprehensible and inaccessible to the average person. The Government must simplify the immigration rules, follow the Law Commission’s recommendations, bring back legal aid and restore data protection.

We find the Bill a missed opportunity to address the moral and humanitarian failures of this Tory Government towards refugees and asylum seekers, as set out emotively by the hon. Member for Westmorland and Lonsdale (Tim Farron) and my hon. Friend the Member for Bristol West (Thangam Debbonaire). There is nothing in the Bill, and very little in the White Paper, on refugees and asylum seekers. At a minimum, we must bring an end to indefinite detention and fix refugee family reunion. I thank my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) and the right hon. Members for Haltemprice and Howden (Mr Davis) and for Sutton Coldfield (Mr Mitchell) for their cross-party work to end indefinite detention.

In conclusion, on immigration and social security, the Government have not done their homework. They have come to Parliament asking that we grant them extensive powers without any idea what they might use them for. We are not willing to grant the Government such broad powers to introduce as yet unknown rules on immigration and social security. Listening to the debate, it has become clear that Ministers’ intentions are even worse than we had expected, so we will be voting against the Bill on Second Reading.

Oral Answers to Questions

Afzal Khan Excerpts

Monday 21st January 2019 Commons Chamber

[Sajid Javid]

One of the reasons why we piloted the scheme was to look at any issues that might come up before the full launch, which is expected in April. The pilot has just closed; we published the results today. It looks at precisely such issues as the one that the right hon. Gentleman has brought up. We will look into that carefully.

[Afzal Khan (Manchester, Gorton) (Lab)]

This morning, the Government launched the largest stage of the settled status roll-out. If just 5% of those who need settled status fail to apply for it, 175,000 people in the UK will have insecure immigration status, or no status at all. The British Medical Association found that 37% of EU doctors are not even aware of the settled status scheme. What are the Government doing to make sure that EU citizens know that they need to register for settled status to avoid a repeat of the Windrush scandal?

[Sajid Javid]

The hon. Gentleman might be interested to know that in a recent test—we have just published the results—out of 30,000 applicants, 70% were granted settled status; 30% were granted pre-settled status. None was refused. Almost 80% said that they found the application process very fair and easy to complete, so the process is working well, although he is right to highlight the question of what it might look like once it is fully open. We are making sure, through a huge comms campaign, that we get through to everyone who needs to know about the scheme. We are, for example, working with employers; I visited one such employer, GSK, just last week.

Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2018

Afzal Khan Excerpts

Thursday 10th January 2019 General Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank the Minister for the meeting that we had yesterday to give us a bit more understanding of the instrument, to which the Labour party does not object. The Government have consistently failed to meet their targets for airport queue times, particularly at peak times. We support changes that will hopefully make passing through the border more efficient.

We are, however, concerned about the idea of low-risk individuals. Can the Minister account for why these countries have been chosen, and can she tell us what exactly the risk being evaluated is? The risk associated with travel and tourist stays is very different from that associated with short or long-term work visas. Does the Minister propose that we use the same metric for evaluating risk across all those different considerations?

As we know from the immigration White Paper published last year, the category “low risk” not only will affect who is allowed to use e-passport gates, but will be the basis for who is able to apply for a short-term low-skill work visa. We find that risk-based approach objectionable. First, in its own right it is discriminatory and against basic fairness to judge a person’s character on where they come from. The Government’s own data shows that, at least for students, 97% of migrants comply with the terms of their visas. Why should the actions of a very small number of people affect the opportunities for a whole nationality? Across all our institutions, the UK makes judgments about people at an individual level. We do not make collective judgments based on nationality.

Secondly, the approach is hypocritical. The Government proclaimed in their White Paper that the new system will not be

“based on where an individual comes from”,

but this risk-based approach does just that.

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

I am listening to the hon. Gentleman’s contribution with care, but surely any Government would look at patterns in different parts of the world. If a pattern could be discerned for applicants from a particular place—be it a country or a particular part of a country—that intelligence would inform subsequent policy. Surely any Government would do that.

[Afzal Khan]

I thank the right hon. Gentleman for his question. I am asking the Minister precisely what criteria she is using. We want to have that clarity, which is why I am asking these questions.

Thirdly, there is the potential that effectively 10 or 15 different visa systems could come in to replace the two systems that we have at the moment. The more we segment migrants based on where they come from, the more complex we make the system.

Oral Answers to Questions

Afzal Khan Excerpts

Monday 3rd December 2018 Commons Chamber

[Sajid Javid]

The commitment that I am very happy to make to the hon. and learned Lady is that we will consult extensively when the White Paper is published, and that of course includes with our friends in Scotland.

[Afzal Khan (Manchester, Gorton) (Lab)]

In a week’s time, MPs will be asked to make a decision in potentially the most important vote on our country’s future. Are we to do so without any idea of what our post-Brexit immigration system will be?

EU Settled Status Scheme

Afzal Khan Excerpts

Tuesday 27th November 2018 Westminster Hall

[Afzal Khan (Manchester, Gorton) (Lab)]

It is an honour and a privilege to serve under your chairmanship, Mr Hollobone. I thank the hon. Member for Boston and Skegness (Matt Warman) for securing this important debate.

The UK will leave the EU in four months’ time, but significant uncertainty remains for the 3 million EU citizens in the UK. I will focus on three areas: the Government’s failure to protect EU citizens from the hostile environment; broken promises on citizens’ rights; and the roll-out of settled status so far. To avoid another Windrush scandal, those issues must urgently be addressed.

First, it is clear that EU citizens will be subject to the full force of the Prime Minister’s punitive hostile environment. Will the Minister take this opportunity finally to clarify what checks employers will be required to carry out on EU citizens after Brexit and what evidence will be sufficient for EU citizens to prove their status? At any point during the transition period, will employers be required to differentiate between EU citizens who are already here and those who arrive during the transition period? Will an EU passport or identity card be enough for any EU citizen to prove their right to work until the end of the transition period? Have any business groups raised these issues with the Minister or anyone in her Department?

Right-to-work checks are a fundamental plank of the hostile environment that was directly responsible for Windrush. We know that EU citizens have already faced discrimination in the job and rental markets. The lack of detail from the Government is contributing to this climate of uncertainty and confusion.

[Matt Rodda (Reading East) (Lab)]

Does my hon. Friend agree that many EU citizens are so concerned about their future that there have been cases of people deciding instead to apply for British nationality, to give them an extra guarantee of being able to stay in this country, such is the level of concern to them and their families? I raise an anonymous example from my constituency, of a young, highly-skilled family with three young children, where the mother has had to pay £1,500 to gain British nationality. It has been a huge cost to them and been very distressing. Does my hon. Friend agree that the whole process is causing undue distress?

[Afzal Khan]

I agree with my hon. Friend that this process is causing difficulties. I know from past experience that the regime of charges in operation, which are being increased, almost seems to some people to be a profit machine rather than providing good service to the public.

I would like to ask the Minister what would happen if applicants lost their access to digital proof of their settled status, for example in the case of Home Office errors in record keeping or loss of data? Would there be alternative ways for them to provide proof of status?

Secondly, the Government have broken a promise to EU citizens and gone against assurances given to the House on settled status checks. We have been told multiple times by different Ministers that the Government will not check that an EU citizen is exercising their treaty rights under free movement. In a recent letter to my hon. Friend the Member for Oxford East (Anneliese Dodds), the Prime Minister wrote:

“You asked me whether resident EU citizens and their family members applying for UK immigration status under the EU Settlement Scheme will be required to show that they meet all the requirements of current free movement rules. I can confirm that they will not.”

However, in recent changes to the immigration rules the Government granted themselves the power to reject settled status applications if someone was not doing this.

In a written answer to my hon. Friend the Member for Sheffield Central (Paul Blomfield), the Minister for Immigration said:

“The draft Withdrawal Agreement does not protect those who are not exercising or are misusing free movement rights. This means that, while free movement rules continue to operate to the end of the planned implementation period, there will remain scope, as a matter of law, for a person to be removed from the UK on those grounds.”

There are a number of people—for example, carers, stay-at-home parents or retired people—who are not exercising treaty rights and are at risk of having a removal decision made against them. Can the Minister tell us why she has granted her officials this power? Either the Government are going to use this power for at least some applicants, in which case Ministers have gone against significant assurances to EU citizens and to this House, or this power will never be used, in which case why grant it in the first place?

Thirdly, on the roll-out of settled status so far, am I right in saying that the settled status app is still not available on Apple products? Is the Minister aware that the facial recognition feature on the Android phone is not working in some cases and the Home Office has required people to send in their original passports just weeks before Christmas? What measures are being put in place to ensure that privacy of biometric data is protected, especially where the Government share this data with their contractors?

The campaign group, the3million, has raised concerns about the accuracy of the Minister’s report on the first phase of settled status. It is misleading to say that “no cases have been refused”, as 129 people—over 12% of the applicants—were still awaiting a decision. Can the Minister clarify the situation that these people are in now?

There remains significant concern about how vulnerable people will register. The Minister has emphasised that it will be a “simple, straightforward process”, but even simple processes can become complicated very quickly for people with complex lives. During a Home Affairs Committee hearing, one of the Government’s immigration advisers said:

“It is possible that in a few years’ time when the scheme has been implemented, we won’t really have any idea how inclusive it’s been and whether there are significant numbers of people who fall through the gaps.”

How will we know how many EU residents are left without status when the Government do not collect or release the necessary data?

On Sunday, a withdrawal agreement was published that fails to address significant issues with EU citizens’ rights. Onward free movement for UK citizens in Europe has not been resolved. We have not had guarantees of what will happen to the agreement on EU citizens’ rights in the event of no deal. EU citizens will be subject to the hostile environment, may be required to prove they are exercising treaty rights and the Government will have no idea how many people remain undocumented come December 2020.

We have been told that the immigration White Paper may come as early as next week. Can the Minister confirm this? How will it affect EU citizens who are already here? We have already suffered months of uncertainty because the Government cannot get their house in order. The Government have failed to protect EU citizens in the UK.

--- Later in debate ---

[Caroline Nokes]

It is important that we give reassurance to EU citizens living here. As the former Secretary of State for Exiting the EU, my right hon. Friend the Member for Esher and Walton (Dominic Raab), made very clear, I believe, in one of his Select Committee appearances, this is a solid commitment to EU citizens, who we want to stay. I think one hon. Member might have raised the spectre of this, but we are certainly not going to remove EU citizens.

Moving on to some of the comments that hon. Members have made, the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) spoke about employers. That is an important point. I was pleased to be at the launch of the employers’ toolkit that we have been making available to employers since much earlier in the summer, which was designed hand in hand with employers. I am conscious that they play a significant role in communicating to their employees how the scheme will work. We are already working with specific employers, NHS trusts and now universities as part of the testing phase. The toolkit has been welcomed and is useful, and it is designed to enable employers to help their employees through the process.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East raised a number of points. I want to focus on a productive meeting that I had yesterday with the Scottish Government Minister for Europe, Migration and International Development, as part of a series of meetings I have undertaken to have specifically with him, but also with representatives of the Welsh Government and local government. It is important that we engage widely both with parts of the United Kingdom and with local authorities where there is a significant impact. We know that when people feel uneasy at times, they are likely to turn to local government or the devolved Administrations for support.

The Scottish Minister raised with me, as indeed he did in the summer, the question of fees and the undertaking by the Scottish Government to pay the fees for those working in certain sectors and perhaps for their own employees. He and I discussed yesterday the issue of taxation, and I undertook to raise that matter with the Treasury. I understand, and I hope I am correct in this, that my right hon. Friend the Home Secretary made the same undertaking to the Home Affairs Committee this afternoon.

The hon. Gentleman also specifically raised those who exercise rights as carers as Zambrano, Chen, Ibrahim or Teixeira cases. We have indicated that those resident as Zambrano cases are not protected by the draft withdrawal agreement, but we have decided as a matter of domestic policy to protect them. We consider that their current rights do not lead to a right of permanent residence under EU law, but a new UK status will be made available to them, as it will be for Chen, Ibrahim and Teixeira cases.

The hon. Gentleman also raised the issue of landlords. I was very pleased, as Immigration Minister, to reconvene the landlords panel, which I co-chair with Lord Best. We met recently and, with a group of representatives of landlord organisations, went through the digital right-to-work check, which we will mirror for landlords with a digital right-to-rent check. It is a straightforward process, and the landlord representatives present were impressed with the way the right-to-work check already works. We will roll that out for landlords to make their checks as easy as possible.

The test phases majored on by some Members are exactly that—tests. It is very important that we make sure the scheme works as it is rolled out. We started deliberately in a very small and controlled way, and have expanded it significantly in phase 2. As my hon. Friend the Member for Boston and Skegness mentioned, it will be expanded much more widely in the second part of phase 2 testing. We expected there to be bugs and to need to make technical fixes. That was part of the reason for testing.

[Afzal Khan]

I asked the Minister many questions, many of which have not been answered. Will she undertake to get those answers to me? She also mentioned the discussions taking place on Apple phones. Is she able to enlighten us on how long those discussions will carry on? Is she aware of the face recognition difficulties with Android phones that I mentioned?

[Caroline Nokes]

As I indicated just a moment ago, we are conscious that there have been several technical bugs. A good example was the system not recognising hyphenated surnames, which we were able to fix in phase 1 of the scheme. Some additional technical issues have been flagged up in phase 2, and we are working extensively to overcome them. I will not give a timeline for the resolution of the challenges with Apple phones, suffice it to say that a really constructive discussion is ongoing. My right hon. Friend the Home Secretary is a very persuasive man, and I am sure that we will reach a resolution as soon as possible.

Draft Immigration (Health Charge) (Amendment) Order 2018

Afzal Khan Excerpts

Tuesday 13th November 2018 General Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gray. The Labour party will be voting against the motion. The costs associated with applying for visas have skyrocketed, and the UK is becoming an increasingly expensive and unwelcoming place for migrants. A family of four will now pay £6,132 in fees for two and a half years’ leave. If the immigration health surcharge were to double, the total bill would be £8,132, which is completely unaffordable for many families. There is a discount rate for students and those on the youth mobility scheme, but under current proposals, the discount rate would be £100 higher than the top rate is now. Meeting the criteria for receiving a fee waiver is notoriously tricky, and most people will not be considered for a fee waiver, but will nevertheless be unable to pay the costs. How many people have been granted a fee waiver, and how many are expected to be granted one once the increase comes into force?

The immigration health surcharge is not a fair contribution. The majority of migrants are taxpayers, so they will effectively be paying twice for any NHS treatment they receive: once through the IHS, and again through their taxes. That double taxation is particularly unfair given that migrants are less likely to use the NHS, as they are on average younger and healthier than the rest of the population. The UK is facing an NHS staffing crisis, and we desperately need to attract doctors and nurses from abroad, to at least plug short-term gaps. The chair of the Royal College of Nursing emphasised that point when she said:

“The immigration health surcharge not only imposes an enormous personal cost on hardworking nurses and health care assistants, but risks driving away overseas staff at a time we need them most.”

We have already seen falling numbers of EU citizens coming to the UK. Will the charge apply to EU citizens in any post-Brexit scenario, posing yet another barrier to EU citizens coming to the UK after Brexit?

The immigration health surcharge goes hand in hand with the Government’s hostile environment for migrants. Requiring them to pay such an exorbitant cost will push people to defer regularising their status. Without regularised status, a migrant cannot access housing, education and health services. This is not only a very difficult personal position, but poses a public health risk. In the end, the cost to the NHS will be greater, as people will not seek treatment until a problem reaches a crisis point.

I would like to highlight the effect that this increasing cost will have on one group in particular. The Minister’s statement described those who will have to pay the IHS as “temporary migrants”, but it will also apply to people who came here as young children, for whom the UK is the only home they know but who are not British citizens. This group is at high risk of being pushed into irregular status. The path to citizenship for these young people is already extremely expensive; they have to pay four times for limited leave to remain before they can apply for indefinite leave. The proposed IHS increase will bring the cost of LLR to £2,033 each time, which is an entirely unaffordable cost for most young people. Many will delay applying or will be forced into debt to pay those costs. The organisation Let Us Learn describes how these young people live in fear of being taken from their families and communities and put in detention if they cannot save enough money in time to pay for the next set of fees.

The Home Secretary has committed to a review of the Home Office’s structures and practices. We already have the Windrush lessons learned review, and in a Westminster Hall debate on 4 September, the Immigration Minister committed to review the Government’s approach to settling fees for visas and immigration and nationality services. I am sure that I am not alone in feeling fed up with review after review.

[Andrew Bridgen (North West Leicestershire) (Con)]

I have listened intently to the shadow Minister’s speech, and I am sure that people outside the Committee will look at the text in the same way. From his speech, it is clear to me that Labour’s position on this modest increase in charging for our excellent health services in the UK is that it is in favour of more migration and less money for the NHS. Does he not realise how that will grate with the British public and his electors, and does he not appreciate that we run a national health service? We cannot fund an international health service.

[Afzal Khan]

Doubling the fees is not a modest increase. Labour is interested in having a fair system, not in charging people double for a single service. The hostile environment caused the Windrush crisis and the recent DNA scandal, and it will be the cause of many crises to come. The Government must end the hostile environment, including by setting fees and costs for visas and nationality at a fair and reasonable rate.

Stop and Search

Afzal Khan Excerpts

Monday 12th November 2018 Commons Chamber

[Afzal Khan (Manchester, Gorton) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on proposed changes to police stop-and-search powers.

[The Minister for Policing and the Fire Service (Mr Nick Hurd)]

The Government fully support the police in using their stop-and-search powers when they have lawful grounds to do so. This is a vital policing tool when used correctly. We will always ensure that police have the necessary powers to keep people safe, and that is why we work very closely with the National Police Chiefs’ Council to keep under review the stop-and-search powers that the police need to help keep the public safe. This House should be clear that we have no plans to change the requirement that reasonable grounds for suspicion are needed before a routine stop and search is carried out.

We are, however, working with the police, including the national police lead for stop and search, to see how we can reduce bureaucracy and increase efficiency in the use of stop and search. The Home Secretary has been clear that that is something we are looking at, and that he will say more on this in due course.

The House will be aware that the Government introduced a comprehensive reform package for stop and search in 2014 in response to evidence that the power was not used fairly, effectively or, in some cases, lawfully. Since introducing those reforms, the arrest rate following a stop and search has risen to 17%—the highest since records began. As the Home Secretary has said, he wants police officers to feel confident, trusted and supported when they are using stop-and-search powers lawfully. If there are things getting in the way of them using those powers, these need to be looked at.

The Government are determined to do all they can to break the deadly and dreadful cycle of violence that devastates the lives of individuals, families and communities. That is why we will always look to ensure that the police have the powers they need and our support to use them lawfully.

[Afzal Khan]

We have all read the reports that suggest that the Home Secretary is pressing for greater use of stop-and-search powers and amending the grounds of reasonable suspicion that currently govern stop and search. Does the Minister agree that that is, in effect, a move to random stop and search not based on evidence? [Hon. Members: “No!”] Okay. Is the Minister aware that the current policy, which he wants to remove, was introduced by one of the Home Secretary’s predecessors, who is now Prime Minister, and that she made that reform of police stop-and-search powers based on evidence, not on chasing easy headlines? Has the Home Secretary bothered to examine that evidence?

The use of the stop-and-search scheme was announced by the then Home Secretary in a statement to Parliament on 30 April 2014. She stated that the principal aims of the scheme were to achieve greater transparency and community involvement in the use of stop-and-search powers, and to support a more intelligence-led approach, leading to better outcomes.

Is the Home Secretary aware of the very poor outcomes of the previous implementation of stop and search, and that the Home Office itself and the College of Policing, as well as Her Majesty’s inspector of constabulary, found that there were only 9% or 10% arrest rates from random stop and search? Does the Minister accept that this was a colossal waste of police resources? As a former police officer, I can tell him that that is the case. Is he aware that, according to his Department’s own research, black people are eight times more likely than white people to be stopped and searched, and Asian people are twice as likely?

Finally, intelligence-led stop and search does work. It is an important tool in the police arsenal. I am in favour of it. The Labour party is in favour of it. Random stop and search does not work, and the Minister has no evidence that it will. We do know, however, that it can poison community-police relations. Is he not trying to distract from the fact that knife crime is soaring under his Government, while they have cut 21,000 police officers?

[Mr Hurd]

I thank the hon. Gentleman for his questions. Unfortunately, this all starts from a false premise, which is newspaper speculation that is entirely wrong. I go back to my statement: this House should be clear that we have no plans to change the requirement that reasonable grounds for suspicion are needed before a routine stop and search is carried out. We are not going back to random stop and search, to use his words.

The hon. Gentleman set out eloquently the case for reform that this Government made on stop and search, which means that stop and search is now conducted in a totally transformed environment in terms of the transparency and accountability around it. We are now at record levels for the ratio between stop and arrest, so we are not going back to the bad old days when over 1.4 million people were stopped with only 8% or 9% of them arrested. That is not what this is about. This is about recognising that we now have a million fewer stops and searches than we did in 2009-10, and that we are—I think on a cross-party basis—absolutely determined to bear down on this horrendous spike in violent crime. We need to be sure that the police have the confidence to use the tools at their disposal, and stop and search is one of those tools. There is evidence that the police have lost some confidence in using it, and what the Home Secretary is setting out in his interviews and articles is his determination to restore that confidence and give the police confidence in the powers that they have. We can look at ways of reducing the bureaucracy and anything else that is getting in the way of that, but this is about trying to save lives.

Oral Answers to Questions

Afzal Khan Excerpts

Monday 29th October 2018 Commons Chamber

[Sajid Javid]

We have made it clear that if there is no deal—which we do not expect, but we need to plan for all eventualities—all 3.5 million EU citizens in the UK will be allowed to stay and welcome to stay.

[Afzal Khan (Manchester, Gorton) (Lab)]

Today, I wrote to the Home Secretary about the Home Office illegally requiring DNA data for people’s immigration applications. We have just had the Windrush scandal, and the EU settlement scheme will be the biggest task that the Home Office has ever undertaken. With an additional 3.5 million EU citizens subject to the hostile environment, it will be a question of when, not if, another scandal will break. The Home Secretary has committed to conducting a review of the structure and processes of the Home Office. Will that review be fully independent, and will it roll back the hostile environment?

[Sajid Javid]

I gently remind the hon. Gentleman that the first Ministers to stand at this Dispatch Box and talk about the hostile environment were Labour Ministers. He should never forget that. Also, almost half the people affected by the Windrush saga were pre-2010. He should reflect on that as well. He is right to say that the EU settlement scheme is large and ambitious, and we are confident that it can be delivered. In our beta testing of the scheme so far, 95% of the people taking part say that it has worked very well for them.

Asylum Seekers: Right to Work

Afzal Khan Excerpts

Wednesday 24th October 2018 Westminster Hall

[Caroline Nokes]

The hon. Gentleman makes an interesting and important point. When I was at the DWP, I was often to be found saying that work was good not only for people’s financial wellbeing, but for their emotional and physical wellbeing. We know that children will have better outcomes if their parents are in work.

I am oft to be heard talking about finding better routes into work for our refugee populations. I absolutely recognise that we have a great deal of work to do in that respect, because the employment outcomes for refugees are way below the general population, and way below where we would want them to be, notwithstanding the fact that we know that many people who come here, particularly under the vulnerable persons resettlement scheme, have specific challenges, which may be about long-term sickness or having large families or children with disabilities. We in this place and in this Chamber will all know that we have established many of our networks, relationships and friendships through our colleagues and through being at work. It is important that we find successful routes in.

I am referencing refugee communities in particular, but it is not lost on me that I receive many representations from right hon. and hon. Members, from the non-governmental organisation community and from individual asylum seekers whom I have had the opportunity and privilege to meet. They, too, would like the opportunity to be able to make a contribution and establish the same levels of networks and friendships that we all do through work.

I am listening carefully to the complex arguments about permitting asylum seekers to work, and I will of course consider further evidence that comes forward. As many Members will know, and as my right hon. Friend the Member for Meriden rehearsed, the Government’s current policy is to grant those seeking asylum in the UK permission to work where their claim, through no fault of their own, has not been decided after 12 months. Those allowed to work are limited to jobs on the shortage occupation list, which is based on expert advice from the Migration Advisory Committee. My right hon. Friend made her point absolutely perfectly by referring to ballet dancers.

The policy aims to protect the resident labour market and ensure that any employment meets our needs for skilled labour. Members will know that the shortage occupation list is currently under review. All asylum seekers can make a valuable contribution to their local communities by undertaking volunteering activities. My right hon. Friend referenced the event she hosted recently alongside Refugee Action. We heard about the experiences of a number of people who had been through the VPRS and the asylum system more generally. The point about language was made repeatedly.

I was most struck by a young lady who had come here on the vulnerable persons resettlement scheme. She had been in the country for only six months and she used what I regarded as a terrible term, which I utterly reject, when she said, “When I came here, I was useless.” That really struck home because in no way was that young woman useless. Within six months she had got herself to such a level of English that she gave a word-perfect speech to a packed room at the Conservative party conference. That will not win many accolades from some Members here today, but conference is a tough gig. It is not always the easiest audience to speak to, but she did it beautifully. She said, “Six months ago I was useless, but now I am sitting here, working, and able to give a speech to you all.” It was hugely impressive. We also heard from a gentleman called Godfrey—the same gentleman my right hon. Friend referenced in her speech—who spoke at length about how volunteering had enabled him to feel that he was making an important contribution and given him back a sense of self-worth.

The hon. Member for Strangford (Jim Shannon) spoke about how his community had wrapped its arms around Syrian families who had been resettled under VPRS. The work that we have done on community sponsorship, learnt from other countries such as Canada, has absolutely shown us that communities are willing to accept and welcome refugees into their midst. They are often best placed to help and are incredibly supportive, providing a network that enables refugees to make friends they can turn to for support in times of crisis. I might sound like a stuck record, but also provided are those all-important routes into work, which we all recognise are important.

[Afzal Khan (Manchester, Gorton) (Lab)]

Will the Minister give way?

[Mr Clive Betts (in the Chair)]

Order. Hon. Members cannot intervene from the Front Bench.

Foreign Fighters and the Death Penalty

Afzal Khan Excerpts

Thursday 11th October 2018 Commons Chamber

[Mr Wallace]

What these individuals who are suspected of an offence and many others have coming is justice. We will do everything we can to work with our allies to see that justice is administered in a way that follows due process and that takes place in a court of law, where there is a separation between the judiciary and the Executive, where people have a right to defence and to make an argument, and where the rule of law prevails. That is what they and anybody else who involves themselves in that type of terrorism has coming to them, and that is what we are trying to uphold.

[Afzal Khan (Manchester, Gorton) (Lab)]

May I also apologise for not being here at the start of the urgent question?

Wednesday was World Day Against the Death Penalty. The Foreign Office Minister in the other place spoke about the Government’s absolute opposition to the death penalty. The Labour party also opposes the death penalty. It is barbaric and was rightly abolished in this country more than half a century go. Yet, at the same time, the Government have agreed to help the US in prosecuting El Shafee Elsheikh and Alexanda Kotey, who could ultimately face the death penalty. I will say no more on this specific case, as it is subject to a High Court challenge.

The Labour party makes it absolutely clear that those who commit abhorrent crimes should face the full force of the law, but in bringing people to justice we should never sacrifice the very values that those who wish us harm seek to attack. We are therefore rightly concerned following the Government’s revelation that, on two previous occasions going back some years, the UK has co-operated with foreign states in cases involving the death penalty. Does the Minister agree that if the Government oppose the death penalty in principle, they must oppose it in every case without exception?

It was revealed in the court earlier this week that the Home Secretary had written to the former Foreign Secretary stating that

“significant attempts having been made to seek a full assurance, it is now right to accede to the mutual legal assistance request without an assurance”.

Can the Minister explain what “significant” means in this context? Also, what response was received from the US authorities when these requests for full assurance were made? Furthermore, what new material factor caused the Secretaries of State to conclude that assurance was no longer necessary, in contravention of the long-standing policy of successive British Governments and their commitments to opposing the death penalty in all circumstances? Why did the Government not renew the death penalty strategy in 2016? Is that an oversight? If not, when do they intend to come to the House to explain the matter? Finally, does the Minister agree that making exceptions undermines our own credibility on human rights issues around the world?

[Mr Wallace]

I think both the hon. Gentleman and I were slightly caught short by the speed of the previous urgent question. I will do my best to answer his questions. Our guidance for upholding our principled position on the death penalty and following MLA requests is contained in the OSJA, published in 2011. Paragraph 9(b) on the death penalty clearly states:

“Where no assurances are forthcoming or where there are strong reasons not to seek assurances, the case should automatically be deemed ‘High Risk’ and FCO Ministers should be consulted to determine whether, given the specific circumstances of the case, we should nevertheless provide assistance.”

It was our view that there were strong reasons not to seek assurances.

This case has no easy solutions. It is easy for everyone to say, “We want justice for the victims”, but the options before this Government, our security forces and our citizens do not include a magic wand to get people miraculously into a UK court or provide evidence that matches the statute book that we happen to have. The strong reasons that, we would say, mean that the rights of those individuals detained are better served by a judicial trial in the United States are that they have a better chance of proper representation in a court of law than if they were left in detention by non-state actors in a war zone in north Syria, sent to Guantanamo Bay—something that the Government oppose fully—or allowed to go back into the battlefield and wreak murder and death in the same way that they have been accused of doing in the past. Those were the options on the table that we as Ministers, charged with keeping people safe and balancing our obligations, and implementing the Government’s policy as set out in the OSJA, have to weigh up. We felt that there were strong reasons not to seek death penalty assurances when sharing the evidence for a criminal trial in the United States.