130 Alistair Carmichael debates involving the Home Office

Oral Answers to Questions

Alistair Carmichael Excerpts
Monday 21st January 2019

(7 years, 2 months ago)

Commons Chamber
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Sajid Javid Portrait Sajid Javid
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The hon. Gentleman may be aware that in the withdrawal agreement in the Prime Minister’s deal, there is an extensive section on guaranteeing citizens’ rights. I believe that what we have agreed with the EU is very generous. No one has any interest in splitting any families. We must do everything we can to welcome those EU citizens who have made their home in the United Kingdom.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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Can the Home Secretary tell us how the settled status scheme will work for EU nationals ordinarily resident in the United Kingdom, but working in the offshore oil and gas industry, or the merchant marine? Can he confirm that the fact that many of those people work outside the 12-mile limit for more than six months in the year will not be a barrier to their inclusion in the settled status scheme?

Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill (First sitting)

Alistair Carmichael Excerpts
Tim Loughton Portrait Tim Loughton
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I shall speak to new clause 1 and amendments 16, 11 and 13, which are in my name and that of the Minister. No doubt the hon. Member for Harrow West will then want to speak to his amendments (a) to (c) to new clause 1, and I will be happy to comment on them after he has done so.

New clause 1 replaces clause 2, but of course it still only obliges the Secretary of State—the Minister for Women and Equalities, who is now my right hon. Friend the Member for Portsmouth North (Penny Mordaunt)—to prepare a report on how to bring about civil partnership equality, which is perhaps the meatiest part of the Bill. We know that there are two ways to achieve equal civil partnerships. One is to abolish existing civil partnerships for same-sex couples. That would leave just straightforward marriage, which is now available to all couples. The other—I hope the Government take this route, in accordance with the clear will expressed by the House in our many debates on this issue—is to extend civil partnerships to all, so they are available to same-sex and opposite-sex couples equally. By doing that, we would achieve equality in marriage and civil partnerships.

That is the unfinished business left over from the Marriage (Same Sex Couples) Act 2013, which I tried to amend while it was still a Bill and subsequently through two private Members’ Bills—a ten-minute rule Bill and a presentation Bill. I am pleased that the Government agreed on Second Reading to look at this issue again, and I was pleased with the urgency the Minister showed at the Dispatch Box. Indeed, she actually issued a letter to hon. Members, announcing that she would start the consultation she said was required straightaway, before she had said that at the Dispatch Box, and she had to quickly reel that in again. She might like to give us some details about that.

I was also pleased that the Prime Minister appeared to support my Bill and endorse a change in the law when I challenged her at Prime Minister’s Question Time on 27 June, although I gather there was some hasty backtracking at the subsequent press conference about what she actually said. I was less pleased with the Command Paper, “The Future Operation of Civil Partnership: Gathering Further Information,” which was issued back in May and gave details about how consultation would take place. In particular, paragraph 17 states that questions about consultation

“will be included initially in the May 2018 ONS survey and will be repeated in subsequent surveys for approximately 10 months to secure a big enough sample,”

and that the Government intended to analyse findings no sooner than summer 2019 and, at some stage after that, come back with suggestions.

That rather kicked the issue into the long grass, so I was relieved that the new Minister for Women and Equalities indicated that we will not have such a long-drawn-out consultation, and that whatever work she thinks still needs to be done could be completed no later than this autumn. I will suggest how that work might be brought forward even further. I am particularly pleased that she indicated publicly that she is in favour of achieving equalisation by extending civil partnerships for all, and that she does not support scrapping existing civil partnerships to achieve equality through marriage only.

The Minister for Women and Equalities confirmed that—it is on the record—in an interview with Stonewall. I was pleased to see Stonewall support the extension of civil partnerships. In so doing, it followed in the footsteps of many others, including the Church of England, as the Second Church Estates Commissioner, my right hon. Friend the Member for Meriden, will confirm. The Church announced as long ago as April 2014 that it did not want same-sex civil partnerships to be abolished and it supported equalisation by extension. And as of this morning’s count, 139,593 people have signed the petition, organised by the Equal Civil Partnerships group, in support of extending civil partnerships. This measure has huge support.

Of course, things have moved on considerably with the unanimous ruling of the Supreme Court on 27 June 2018 in the case of Steinfeld and Keidan, of whom one and a mini one are not far from our proceedings today. I attended the opening of that hearing on 14 May and also went to the judgment. It was a unanimous five-nil judgment, and the terms used in the judgment were absolutely categorical; it was absolutely clear.

Let me pull out some quotes. The judges stated that

“to create a situation of inequality and then ask for…time—in this case several years—”

which is what happened by creating same-sex marriage but not equalising civil partnerships at the same time—to determine

“how that inequality is to be cured is…less obviously deserving of a margin of discretion.”

That is their lordships’ discreet way of saying, “Get the heck on with it.” They also said in the judgment that there was no end point “in sight” for the present inequality of treatment, and therefore they found in favour of Steinfeld and Keidan, because the situation was incompatible with article 14, taken in conjunction with article 8, of the ECHR. They could not have been clearer than that.

The written findings refer to my Bill in paragraph 8. In fact, there is a whole chronology of the various Bills that I have brought forward on this subject in that paragraph. Towards the end of the judgment, it says:

“The amendment to Mr Loughton’s Bill which the government has agreed does no more than formalise the consultation process to which it was already committed. It does not herald any imminent change in the law to remove the admitted inequality of treatment.”

Basically, the judges are saying that this Bill, or Government action in lieu of this Bill, needs to go a lot further.

The Government have not yet by any means discharged their duties, according to the findings of the Supreme Court, so it will be interesting to hear the Minister’s take on those findings. They came out three weeks ago, but so far we have had no detailed statement from the Government as to what their response is likely to be. Clearly, work needs to be done; preparations need to be made, but the Government have had several years. This was not a bolt out of the blue. Most people thought that the judgment would find as it did—I do not think most people thought it would find quite as forcefully as it did—so the ball is very much in the Government’s court to change the law and, crucially, to get on with it.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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The hon. Gentleman is making a very powerful case. May I remind him and others of the genesis of the current inequality? It was not a point of great principle; it was essentially a point of raw politics. At the point when the marriage equality measure was going through the House of Lords, there arose within No. 10 Downing Street a certain nervousness, shall we say. It was felt at the time that it was more important than anything else that we should preserve marriage equality, and it was for that reason, and that reason alone, that the defect that we seek to rectify today was allowed to go ahead. I do not know what is in the judgment, but I suspect that that would have weighed very heavily with their lordships in their consideration of the Steinfeld case.

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Victoria Atkins Portrait Victoria Atkins
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I thank the hon. Members for Harrow West and for Hammersmith for their comments. The hon. Member for Harrow West knows the political situation in Northern Ireland. In fairness, the issues have been devolved to the Northern Ireland Assembly—and to the Scottish Parliament. There are no members of the Scottish National party here, but there is a Scottish Member present, and I am not sure how the Scottish Parliament, the matter having been devolved to it, would take a report from the Secretary of State telling it what to do. Given that it has already held a consultation—perhaps I am speculating here—it might have matters in hand anyway.

Alistair Carmichael Portrait Mr Carmichael
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I served on the Standing Committee on the Civil Partnership Bill in 2004. It was dealt with here with a legislative consent motion from the Scottish Parliament. The feeling at the time was that that was an easier way of doing it—another pragmatic step along this long road. I am reliably informed that there are fairly good telephone services between London and Edinburgh. It would not be that difficult to work out the Scottish Government’s intentions.

Victoria Atkins Portrait Victoria Atkins
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Given that this is a private Member’s Bill, I am afraid that we feel constrained to observe the political fact—as well as the political courtesy—that the matters are devolved. I understand the motivations of those who want change across the whole UK, but I regret that on this we must observe the fact that the matter is devolved. Not only must we underline our view that the Bill is not the right place in which to grapple with the political situation in Northern Ireland; we must allow it to resolve what are devolved matters.

The hon. Member for Hammersmith made a powerful speech on behalf of his constituents on Second Reading. I understand his wish for a timetable. At the moment, we have the timetable set out by the private Member’s Bill. The work is ongoing. Those who assist me and the officials have a great understanding of the urgency of the situation. We want to get to a position where we have the evidence and we have ensured that we have lined up all the other matters connected to an act of civil partnership and the issues that flow from that for other Departments. The Secretary of State is always in listening mode, as am I. I am grateful to the hon. Member for Hammersmith.

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Victoria Atkins Portrait Victoria Atkins
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I regret to disappoint my hon. Friend, but I am but a small cog in the Government machinery. Although, as my hon. Friend knows, the Secretary of State is very much seized of the matter and concerned by it, I would not want to take the risk, respecting this Committee and colleagues from all parts of the House as I do, of speculating at this stage.

Alistair Carmichael Portrait Mr Carmichael
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I very much endorse the views of the hon. Member for East Worthing and Shoreham. Given the terms of the Supreme Court judgment, I encourage the Minister to represent to those whose agreement she will need within Government that at the very least we should be entitled to some sort of timetable, so that we know the Government’s intentions in bringing UK law back into compliance with the European Court of Human Rights.

Victoria Atkins Portrait Victoria Atkins
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Very much so, and these discussions will assist others who are perhaps not intimately involved in these matters in understanding the concern that Members from all parts of the House have on the urgency of the situation.

I regret that I have to resist strongly the amendments put forward in the name of the hon. Member for St Helens North, which were spoken to with great eloquence by the hon. Member for Harrow West. The Government support new clause 1, as proposed by my hon. Friend the Member for East Worthing and Shoreham.

Immigration: Pausing the Hostile Environment

Alistair Carmichael Excerpts
Thursday 12th July 2018

(7 years, 8 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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Caroline Nokes Portrait Caroline Nokes
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Wendy Williams has been appointed to the lessons learned review, and I am optimistic that the terms of reference will be forthcoming very shortly indeed. It is an important review and its findings will be published. I am absolutely confident that Wendy Williams will bring integrity to the review and give it the external scrutiny that it requires.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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The hostile environment is just one indication of the negative mindset that has shaped Home Office policy and thinking on immigration for years now. We have seen the cost of visa applications going through the roof, the very poor standard of first-instance decision making and the removal of rights of appeal. During this pause, will the Government look at immigration policies in the round and ensure that we have a more constructive and positive debate in future on the contribution that immigration can make to our economy?

Fishing Industry: Visas for Non-EEA Citizens

Alistair Carmichael Excerpts
Wednesday 11th July 2018

(7 years, 8 months ago)

Commons Chamber
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Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I am delighted to see you in your place, Mr Deputy Speaker, and the Minister in her place. I have no doubt that there are other places Members may wish to be for the next half hour, but this is an important issue that matters enormously to my constituents and those of other Members and is deserving of our attention.

I should thank the Minister for her previous engagement in meetings and debates about this issue. I understand the political difficulties she finds herself in, but it has been apparent in recent weeks and months that interest in this issue is much wider than just those who represent fishing communities. It is certainly a cross-party issue. I have been notified by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), a Scottish nationalist, that he wished to be here this evening, but is not able to be so. I see in the Chamber from the Conservative party, the hon. Members for Banff and Buchan (David Duguid) and for Moray (Douglas Ross), and other Members who have an interest in this issue. There is a broad sense of agreement underpinning this matter, because the issues are highly distinctive to our fishing communities.

The root cause of the issues we are considering have as much to do with the recent history of the management of the fishing industry as with the skills shortages with which we currently have to deal. Historically, fishing boats have recruited labour—the deck hands—from their own home ports, such as coastal and island communities, but rarely from much further beyond. In recent years, although that situation has changed, the labour market has become much more competitive. Young men considering a career in fishing these days may also consider and find a very well paid career in the oil and gas industry, for example, in Shetland or in the north-east of Scotland. Renewable energy is now a source of employment, and there is also of course the merchant navy.

It has to be said that the industry is not always seen as a particularly attractive option for young people entering the jobs market these days. Those advising them, as careers advisers or teachers at school, do not see it in the round, and often as hard work in very dangerous circumstances. Sadly, the mortality figures for those working in the industry bear that out. It also has to be said that it has not been seen as an industry with a future. If we think back to the time when I first entered the House in 2001, we were just about to undertake a programme of decommissioning boats, and there was a second round of decommissioning in 2003. All these things have come together to present us with the skills shortage we have today.

This is not an unrecoverable position. I think the things that need to be put in place can be and are being put in place as a consequence of co-operation between the different Departments, as well as by the industry itself. However, it is pretty clear that unpicking some of the damage that has been done will not be quick or easy; it will take time. In the meantime, the need for labour in the fishing industry is acute, and it is becoming more serious with every day that passes. As a consequence, many European economic area and non-EEA nationals are now recruited into the fishing industry.

The catching sector probably employs in the region of 4,000 people in the UK. We reckon that about 400 of them come from within the European Union, and a further 800 are non-EEA nationals. As a percentage of the total fleet, that is a quite remarkable set of figures, although as a proportion of the overall number of people working in the industry, it shows that we are dealing with something fairly modest in size.

Currently, the only visas available for boats wanting to take non-EEA nationals are so-called transit visas. They are normally for those joining a ship, for whatever purpose, from a port in the United Kingdom. The requirements of a transit visa state that those involved should be engaged wholly or mainly outside UK territorial waters, which for these purposes is the 12-mile limit, and they are not allowed to work within that limit. I have to say that this is a highly unsatisfactory, hand-to-mouth solution for a number of reasons. First, the requirement forces fishermen to fish where the visa regulations allow them to fish, rather than where they know they will find the fish. That has a range of consequences, some commercial and some safety-based. I can put it no better than one of my fishing constituents did in an email this morning. He said:

“The whole 12 mile thing adds stress to an already very stressful job, especially so in the winter months.”

Bob Stewart Portrait Bob Stewart (Beckenham) (Con)
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Does that mean that people who come from outside the EEA do not get paid until they are outside the 12-mile limit? What happens when they get on board?

Alistair Carmichael Portrait Mr Carmichael
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They are paid for the hours that they work—or are engaged in employment—but they cannot actually fish until they are outside the 12-mile limit.

My second objection to the use of transit visas is that that does not work for the whole industry. It works better for some sectors such as the bigger boats, albeit imperfectly, but for the smaller boats, working in the inshore sectors, it has very little to offer. Again, the fishing White Paper last week said that growth would be encouraged in the smaller boat sector, but it simply does not work for them. It is certainly no good for the prawn trawlers that have to work in shallower inshore waters, or for those who fish langoustines off the west coast in the Minch or the Little Minch. Those waters are fertile territories for those boats but are entirely within the 12-mile limit, so non-EEA crew are totally excluded.

The third concern is that those employed under the visas are left without many of the protections that the House has said over the years they should have. A few years ago, there were a few well documented and reported cases of serious welfare issues involving the crews employed under this system—paid well below the minimum wage and not given the basic employment protections that they would have if they were part of the normal land-based workforce. I hope that that is no longer the case, and I do not believe that it was ever widespread. I hope that it does not still happen, but I cannot escape the fact that it did happen and has been reported. That can be the consequence of leaving fishing crew in this strange, unsatisfactory, twilight world of the transit visas. It highlights the need for a scheme to allow proper engagement of deckhands legally and responsibly under a visa scheme.

The situation led to the creation earlier this year of the Fishermen’s Welfare Alliance, a coalition of industry bodies and other associated organisations, including the Fishermen’s Mission and the Apostleship of the Sea. I hope that the Minister has received and is considering the alliance’s submission about a new scheme. It is not in essence a new scheme: we seek the resurrection—or re-creation—of a limited concession that operated successfully between 2010 and 2012. Other such concessions exist, and the Minister will be aware of the recently renewed one for boats working in support of offshore renewable energy developments. Such schemes can be, and often are, drawn carefully for a specific purpose.

The outline of the concession scheme that is sought is one that guarantees conditions, safety and crew welfare that are compliant with UK legal standards. It would place limits on the duration of contracts of nine months and introduce cooling-off periods to prevent long-term continuous engagements. It would include the facility to transfer employment to another operator to encourage high standards and transparency, with regular contact with the maritime charities, such as the Mission and the Apostleship, to ensure the wellbeing and fair treatment of the crews that are employed. It would seek suitable assessments to ensure that only qualified and experienced crew from outside the EEA were engaged. There would be criminal records checks, reporting obligations on arrival and departure within service events. Such a scheme would require operators to sign up to an agreed code of practice governed by an organisation, possibly like the Fishermen’s Welfare Alliance, in which the Home Office could have trust. Incorporated into that code of practice, there would be—

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Motion made, and Question proposed, That this House do now adjourn.—(Craig Whittaker.)
Alistair Carmichael Portrait Mr Carmichael
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As I was saying, it would require the incorporation into the code of practice a commitment to invest in training, upskilling and engagement with the resident labour market, so that we could deal with and address properly the long-term structural problems in the industry that are bringing us to this point.

I suggest to the Minister that these are sensible, pragmatic and very workable solutions. I hope that when she comes to respond—I know the Secretary of State for Scotland will be meeting the Home Secretary next week, I believe to make a similar case—she will understand that this is an indication of the willingness of industry to work with the Government in a way that will be constructive and which will allow the industry to get the level of labour engagement that it needs.

David Duguid Portrait David Duguid (Banff and Buchan) (Con)
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I congratulate the right hon. Gentleman on securing a debate on a very important issue that affects the fishing industry, particularly around Scotland and Northern Ireland. I thank him for doing so. Does he agree with the assessment of the Scottish White Fish Producers Association that despite a continuing increase of professionalisation and innovation in the industry, coupled with the opportunities for leaving the EU and the common fisheries policy, it could take at least 10 years for the industry, at least in Scotland, to become fully reliant once again on local labour?

Alistair Carmichael Portrait Mr Carmichael
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If anybody should know it would be the Scottish White Fish Producers Association, as its members are the people who are completely immersed in and engaged with the industry. They know what they talk about, so when they say 10 years, it is pretty clear that that will be a reasonable estimate. I would have to say that 10 years is too long to wait. Another 10 weeks or 10 months might be manageable, but if it is 10 years, these boats will no longer be there. There will no longer be the need in 10 years, one way or another.

I understand that the Minister feels that she is caught between a rock and a hard place in respect of her party’s manifesto commitments at the last general election, particularly in relation to the cap on immigration numbers—for net migration, that is. We have discussed this previously, so I understand her position, although I personally doubt whether a scheme of this sort would actually make any difference to that cap. I would be interested to hear the Minister’s view about that.

Deidre Brock Portrait Deidre Brock (Edinburgh North and Leith) (SNP)
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Is it not the case that the industry finds itself in a real bind in that fishing is a skilled occupation? As the Scottish Affairs Committee heard in its immigration inquiry, it requires considerable amounts of training, but the Migration Advisory Committee rejected the Scottish Fishermen’s Federation request to place fishing on the shortage occupation list in 2010, apparently because the workers did not have the paper qualifications to show that they were skilled.

Alistair Carmichael Portrait Mr Carmichael
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Yes, that does come to the heart of it. It is the question of regarding deck hands as unskilled labour. When I last met the Minister, I reminded her of Mike Tyson’s great expression that everyone has a plan until they are punched in the face. It is a bit like that for deck hands and their skill level. Everybody is seen as being unskilled until they are out in a force 10 gale with the trawl doors open having to fish. That is when we understand the real skill we are talking about here.

Perhaps I can help the Minister out, because I have become much more interested in last year’s Conservative party manifesto than I had previously been, and I found a little piece that might assist her. It states:

“Decades of profound economic change have left their mark on coastal communities around Britain. We will continue to ensure these communities enjoy the vitality and opportunity they deserve.”

If that commitment is anything more than warm words, we really do need urgent action from the Minister.

I want the Minister to understand why this matters so much to communities such as that which I represent. The economy in Shetland is one third fishing-dependent, so the numbers of people who work on the boats are not massive, but for every job on a boat, several jobs onshore are supported. If the boats cannot be crewed safely, they do not go to sea and they do not catch the fish. That means that people do not need to buy the fuel, to get the nets mended, and to have the engineering and electrical support that they need, and as no fish are caught, there are no jobs for the processers who deal with the fish after they are landed. That is why this matters. It is the money that keeps businesses going. It is the money that goes into shops, that supports lawyers, doctors and accountants, that keeps children going to the school, and that keeps people living in places such as this. That is why this matters to us today.

I quote again the fishing constituent who emailed me to whom I referred. He said:

“We land 100% of our catch in Scottish ports, we source 100% of our food stores, nets and rope, wires, trawl doors, chandlery, fuel, shore engineers and electrical support plus many other sundries locally in Shetland and other Scottish ports so why are we expelled from the 12 mile limit?”

I would like to hear the Minister answer to that question this evening.

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Alistair Carmichael Portrait Mr Carmichael
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I am heartened to hear that this process of engagement is under way, but may I just say that there is now a real need for urgency? A decision that will be made after consideration of a report in the autumn could leave it too late.

Caroline Nokes Portrait Caroline Nokes
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I do not like to pull the right hon. Gentleman up on something he said earlier, but he mentioned waiting 10 weeks or 10 months. I am certainly very conscious of the urgency—he has made that point very well, as have other Members—but it is important that we have the opportunity to reflect on the MAC’s report, and that we consider very carefully the needs of this particular industry and reflect on his comments about coastal communities.

Secondly, migration cannot be the primary—and certainly not the only—solution to skills and labour shortages in any part of the economy. As free movement from the EU ends, the Government will need to consider carefully what role migration schemes should play in meeting labour needs at all skill levels and across all sectors. I have no doubt that this will involve a fresh look at how immigration policy operates to meet labour needs at lower skill levels, but the Government’s underlying objective will be an immigration policy that is sustainable. Reducing dependence on migrant labour is part of that, and decisions about immigration policy will properly take account of what else can be done, both by government, including the devolved Administrations, and by employers to ensure that businesses can access the skills and labour that they need.

I am very aware that these are issues for the future and that the Scottish and Northern Ireland fishing industries are pressing for a more immediate response to their labour needs now. It is not the only industry that is doing so, and the Government must act even-handedly, but, as I have said, I will be reflecting carefully on the case put forward and the practicalities involved in delivering a workable solution.

I am also aware that, as the right hon. Gentleman outlined, there are some very particular issues around how the immigration system interacts with the fishing industry and the UK’s island geography, with a distinction between the controls that operate inshore and the system that applies to vessels operating beyond the 12-mile zone. I take on board the point that some see these arrangements as being unfair and arbitrary, and as presenting challenges to vessel owners in terms of compliance, but there is an obligation on the Home Office to ensure that its policies and requirements are clear.

At the same time, there is an obligation on vessel owners to ensure that work conditions in the industry are to the standard that we would all expect and that existing immigration employer law requirements are observed. It is of clear concern that there has been evidence of exploitation of migrant workers in the fishing industry. The point has been made that a work permit scheme for the fishing industry would help with this, and I will be reflecting carefully on that.

Alistair Carmichael Portrait Mr Carmichael
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The Minister is being enormously generous in giving way, and I promise that I will not try the patience of the House any further.

This needs to be looked at by the Government as a whole, because it is not just the question of visas. Her Majesty’s Revenue and Customs is now demanding that those who are employed on transit visas should be taxed as if they were working onshore, and surely that is wrong as well.

Caroline Nokes Portrait Caroline Nokes
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There are some important issues on which we must work as a joined-up Government. I vividly recall that one of the first meetings that I had as Immigration Minister was with a Member who brought along a representative from the fishing industry on the day that the Taylor report was published. I was looking at the requirement for payslips and decent hours, and at the same time discussing the work permits and requirements of crew members working in very difficult conditions.

The Government are determined to stamp out modern slavery in the UK, and the Home Office wants to ensure that the powers we have taken under the Modern Slavery Act 2015 are used to address any residual underlying problems in the sector. We will also seek to ensure that wider work to implement the International Labour Organisation’s convention on work in the fishing sector is reflected in the checks that we apply to migrant fishermen at our borders.

I welcome the debate. I hope that I have reassured the House that the Government are listening to the case that is being made to us.

Question put and agreed to.

Saddleworth Moor and Tameside: Ongoing Fire

Alistair Carmichael Excerpts
Monday 2nd July 2018

(7 years, 8 months ago)

Commons Chamber
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Nick Hurd Portrait Mr Hurd
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The whole House would agree with the abhorrence that my hon. Friend expresses about arson, which is the most terrible crime. He may be aware that one arrest has been made in the context of these fires. Of course, the criminal justice process must reach its conclusion on that, but I expect the full weight of the law to be applied.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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May I associate myself and my party with all those who have made expressions of support and encouragement to those who are currently engaged in fighting this fire? The countryside that we currently see ablaze is very special, but it is not unique. We see that sort of area the length and breadth of the country and it supports communities involved in hill farming and crofting. [Interruption.] I am pleased that the House is so keen to express its support for hill farmers and crofters. These people make a marginal living at best, so can the Minister tell us what work is being done in Government to ensure that, God forbid, should this becomes a pattern this summer, support will be given to protect the livelihoods of the people in those areas?

Nick Hurd Portrait Mr Hurd
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I wholly endorse what the right hon. Gentleman said about the value of hill farming communities and the beauty of the particular locations of these terrible incidents. I come back to what I said before to my right hon. Friend the Member for Mid Sussex (Sir Nicholas Soames) about the need, once this situation is under control, to work closely with the Department for Environment, Food and Rural Affairs and others to think about how these risks are managed more effectively in the future.

Refugee Family Reunion

Alistair Carmichael Excerpts
Thursday 21st June 2018

(7 years, 9 months ago)

Commons Chamber
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Neil O'Brien Portrait Neil O'Brien
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The hon. Gentleman might say he makes a minor point, but it is an entirely fair one. I have been to some of the pubs in his constituency where other languages are spoken, and I certainly did not feel isolated or lonely—in fact, they were extremely sociable and very pleasant places to visit.

On family reunification, this country has a proud record of welcoming persecuted people from all over the world who have come to this country in fear for their lives. I think back to my childhood in Huddersfield: we had Chilean family friends who came to this country because their kind of politics was no longer welcome in Chile. My childhood in Huddersfield was enriched not only because those people had come here and worked hard as social workers but because they brought culturally interesting things to us. Family Christmases in Huddersfield involved empanadas, as well as the traditional turkey roast.

The resettlement schemes in this country have been a success. I have met people who have gone through those schemes, and they have had a much better experience than many people who have gone through the asylum route. We can learn a lot from the success of some of those schemes.

To summarise the current situation, as the hon. Gentleman has approached it, refugees can bring their children here if they are under the age of 18, but adult children are not included. Children under the age of 18 cannot bring their parents here. There are also powers for leave to be granted outside those rules in exceptional circumstances.

I can see the arguments both for and against changing those rules, and it sounds as if Ministers are thinking about it carefully. The question is whether we should go down the route of changing the rules, or whether we should instead use the exceptional circumstances rules in a more generous, more humane way. By way of analogy, I think of the people who are working on the Windrush generation. We need a high-calibre team with enough time to think properly about processing difficult cases. One way or another, the hon. Gentleman raises an important issue. The question is how we solve it.

I am not saying the hon. Gentleman’s idea is necessarily a bad one or the wrong one, but I will rehearse the downsides for a moment because this is a debate. We need to think carefully about whether we would be creating an incentive for young children to be trafficked. He rightly asks: who would use their children as bargaining chips? When people make the argument that the proposed change might lead to more unaccompanied children travelling to the UK irregularly, it is not a criticism of those children’s families, and we do not necessarily know anything about their circumstances. The children might be completely on their own, and it is almost certainly the case that, if they have parents, they will be desperate parents in a warzone who fear for their lives. We need to think about whether the change could lead to children being exploited by unscrupulous people smugglers.

In my own area, I am reminded of the case of Ahmed, a young Afghan boy who, in 2016, saved the lives of some 15 people. He was being smuggled into the UK and he arrived at Leicester Forest East services. He and those 15 people were trapped in an airtight lorry and running out of oxygen, and he had the presence of mind to text a charity, Help Refugees, which had given him a mobile phone. That text saved his life and the lives of those around him. They were much luckier than the 70 people who, just a few months previously, had choked to death at the hands of people smugglers in an airtight lorry in Austria. There are some truly wicked people in the people smuggling racket.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
- Hansard - -

The hon. Gentleman is absolutely right that there is a live debate on these issues, which is why the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) tabled his private Member’s Bill in the first place. We can engage in that debate only if the Bill goes into Committee and is given a money resolution. Will the hon. Member for Harborough (Neil O'Brien) join me in gently encouraging his colleagues on the Treasury Bench to do exactly that?

Neil O'Brien Portrait Neil O'Brien
- Hansard - - - Excerpts

I thank the right hon. Gentleman for his intervention and I am sure Ministers will have heard his important argument about the process.

In general, we must stick to the principle that people should claim asylum in the first safe country they come to. Our policy can definitely affect the secondary movements of people who are fleeing conflict. We see from policy decisions such as Angela Merkel’s that one can affect the flow of people. Whether we think her policy is right or wrong, it has certainly changed the flow of people. The decisions we make on the questions raised by both the right hon. Gentleman and the hon. Member for Na h-Eileanan an Iar have the potential to affect the movement of people and we have to think about the secondary effects. None the less, I absolutely agree that they are raising an important point about the families of young people who arrive in the UK.

Today’s debate is important. There are many different things we could do to improve the lives of people who come to this country as refugees or as claimers of asylum. The hon. Member for Na h-Eileanan an Iar has raised some ways in which we could do that, although there may be different ways of addressing those issues. Those who come to this country as refugees are often very impressive people. In our history, they have often brought a lot to this country in terms of their achievements, work and cultural contribution. I am proud that people think of this country as a good place that they want to get to. In a sense, we should be flattered by the number of people who want to come here and be part of our community. We should think about how we can welcome them into this country.

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Kwasi Kwarteng Portrait Kwasi Kwarteng (Spelthorne) (Con)
- Hansard - - - Excerpts

I am grateful to be called to speak in this hugely important debate. I am delighted to follow the hon. Member for Bristol West (Thangam Debbonaire) and wish to pick up on several of her remarks later. She said very movingly that how we treat this subject reflects who we are as a people and the kind of culture and civilisation that we represent.

As the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) said in his opening remarks, the debate in Britain has been driven perhaps for too long by sensationalist tabloid headlines. There is of course a huge swell of emotion whenever the issues of immigration and refugees are raised, but we have to distinguish between different types of immigration. We have to distinguish between economic migrants and refugees, and we have to recognise that opportunistic traffickers exist—we cannot turn a blind eye to that. It is a complicated picture.

On refugees, the hon. Member for Na h-Eileanan an Iar’s private Member’s Bill is a remarkable thing for a private Member to bring forth. It commanded the support of many Members from across the House: the hon. Gentleman said that Members from five parties turned up to support his Bill on 16 March. Regrettably, I could not be one of those Members, but it is striking that his Bill has commanded such a wide range of support. The reason it commanded that support is that in Britain, as represented not only by Members in this House but by a wide population—by many, many of our constituents—there is a general feeling that if people are fleeing for their lives or fleeing persecution, Britain will be a welcome home and place of asylum for them.

Britain has a long history of welcoming, in a very generous spirit, people who have fled persecution. We can talk about the Huguenots in the 17th century or Russian Jews fleeing persecution in the 19th century. We can talk about the 20th century, when Jews once again faced a terrible tyranny and sought asylum here in Britain. Over the centuries, many of those people have contributed enormously to British culture, literature, economics and philosophy. All sorts of brilliant ideas have been fostered by extremely talented people who have fled for their lives. There have also been people who have helped in more ordinary situations, such as in the transport sector and the public services. A number of those people have come from families of refugees, or have been refugees themselves. No one denies that.

In the recent past—in the last few years—the British Government have had a good record and a good story to tell. One thing that no one has really talked about so far in this debate is that we are going through an unprecedented period of stress and political turmoil in the world. I have travelled a lot in the middle east and Egypt, and I have seen at first hand the devastation—the complete chaos—to which large areas of that part of the world have been subjected, through war and the lack of stable government. We hailed the Arab spring when it came upon us in 2011, but for many people that spring has turned into a nightmare. We need only look at the situation in Libya. I am one of very few Members of Parliament to have been there, and some of the conditions in which migrants there find themselves is appalling. As I said earlier, we cannot be blind to the fact that there are unscrupulous and wicked people who will exploit the situation.

Alistair Carmichael Portrait Mr Carmichael
- Hansard - -

The hon. Gentleman is absolutely right and highlights the importance of having this debate and getting it right. The pressures we face are not going to get any easier. Whether or not the conflicts come and go—I suspect that they always will—we are going to see, not that far down the track, further pressures from the effects of climate change. That will cause massive movements of people. Whether they would currently be seen as economic migrants or refugees, there will be people unable to remain where they currently are.

Kwasi Kwarteng Portrait Kwasi Kwarteng
- Hansard - - - Excerpts

The right hon. Gentleman makes a crucial point: this phenomenon of migration and the political uncertainty and instability are not just going to go away. In fact, if we look forward, we are probably going to have greater pressures and greater numbers of people coming from sub-Saharan Africa and the middle east.

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Kwasi Kwarteng Portrait Kwasi Kwarteng
- Hansard - - - Excerpts

That is a legitimate point, but this trafficking has not come from British policy. I do not think that people who are trafficking Nigerians from the western coast of Libya into Italy, as the first port, are doing so because of the policies of the British Government. I do not really see a direct link. All I am trying to suggest is that there is a far a wider range of problems on which this issue touches.

Alistair Carmichael Portrait Mr Carmichael
- Hansard - -

I am in broad agreement with much of what the hon. Gentleman says, but there is another aspect on which he has not touched. He said earlier, I think, that people traffickers lead this trade. I suggest to him gently that, in fact, they are the product of it. One reason why they are a product of it is that they are filling a vacuum because there are no proper safe and legal routes. If we put in safe and legal routes, along with proper action on an international basis, we will be part of the way to excising the cancer of the people traffickers.

Kwasi Kwarteng Portrait Kwasi Kwarteng
- Hansard - - - Excerpts

The right hon. Gentleman is right that, clearly, criminals are not, in the first instance, driving this issue. There are many social, political and economic reasons for this phenomenon but, certainly in the parts of Libya that I saw and in the migrant camps in Sicily where I talked to a few people who were unlucky enough to be trafficked, a big criminal enterprise underpins it. It is very easy in the Chamber of the House of Commons to focus on the humanitarian aspects and to remind Members of our obligations not only as MPs but as citizens and human beings to very vulnerable people. I completely accept that. It is too easy for people in this Chamber to turn a blind eye to what is actually going on from the economic and criminal point of view, which is, frankly, a scandal. Too little of our political debate focuses on these wicked criminal elements. We must take a much bigger view.

G4S: Immigration Removal Centres

Alistair Carmichael Excerpts
Tuesday 8th May 2018

(7 years, 10 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

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

That is one of the requirements in the action plan that the Government set G4S after the programme. We are very clear that whistleblowers are essential to ensuring that problems are brought to light effectively and quickly. As part of the action plan, G4S has reinforced its whistleblowing policy. All staff have been issued with cards featuring telephone numbers to enable them to raise concerns confidentially, and following work with the Jill Dando Institute, G4S has trained staff to become “speak out” champions, promoting and embedding the message that whistleblowing is not just desirable, but a clear expectation when unacceptable behaviour is witnessed. In addition, there is also the introduction of body-worn cameras, which serve, I hope, to reassure the House and others that there is transparency and that, if there are allegations, we can very quickly get to the truth of them.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
- Hansard - -

I welcome the fact that this is a time-limited renewal. The Minister will know that many of those who are detained in these centres are there following the refusal of their applications for asylum. She will have seen the report on the BBC website today where one Home Office caseworker describes that system as being “arbitrary” in its outcomes. When it comes to the point that we renew this contract, or whatever follows it after the reviews, will the Minister give us some guarantee that we will look at not just the detention but the whole system that leads people to that point?

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

The right hon. Gentleman will appreciate that, last week, the Home Secretary set out in two statements before the House his vision for immigration policy and the principles that he expects to be applied to immigration policy. Taking into account the reviews that are being conducted, I am sure that those principles will be very much at the forefront of his mind.

Money Laundering

Alistair Carmichael Excerpts
Monday 19th March 2018

(8 years ago)

Commons Chamber
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Ben Wallace Portrait Mr Wallace
- Hansard - - - Excerpts

My hon. Friend asks a very good question. In fact, one of the first things I did when I became the Minister for Security and Economic Crime was to use the Home Affairs Committee report to hold the Department to account and ensure that we put right some of the things that clearly had not happened in the area of asset recovery. On SARs reform, it is worrying that SARs predominantly come from the banks—about 83% of them—and only the rest come from the facilitators. I have been determined, as has the director general of the NCA, to start focusing on the facilitators. It is the lawyers, accountants and people who sell things like boxes at football stadiums and Bentleys around the world who need to do more to report suspicious activity. When they do, we will stop it.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
- Hansard - -

May I take the Minister back to the question that the hon. Member for Huntingdon (Mr Djanogly) put to him? Have the Government compiled a list of politically exposed people from Russia, such as First Deputy Prime Minister Igor Shuvalov, who could be the subject of unexplained wealth orders? If they have such a list, will it be published and will the Minister give us a timetable for its implementation?

Ben Wallace Portrait Mr Wallace
- Hansard - - - Excerpts

The right hon. Gentleman knows that I will not come to the House and publish the names of individuals who may or may not be the subject of an investigation or of operations against them because it could threaten our ability to have an effect on them. Needless to say, we are determined to ensure that we use intelligence-led policing to find money and deal with those individuals, whether they are from here or abroad.

People with Mental Health Problems: Detainment

Alistair Carmichael Excerpts
Wednesday 31st January 2018

(8 years, 2 months ago)

Westminster Hall
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Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
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I beg to move,

That this House has considered procedures regarding the detention of people with mental health problems.

It is a pleasure to serve under your chairmanship, Mr Hosie, and I am very pleased to have obtained the opportunity to—[Interruption.]

Alistair Carmichael Portrait Mr Carmichael
- Hansard - -

Thank you, Mr Hosie; I am grateful for your chairmanship.

I am delighted to have obtained the opportunity to bring this matter before the House. It strikes me that there may be a large cross-over between many of the people whom we are about to discuss and those with whom the House has just concerned itself.

In recent years, as a community and a society, we have made remarkable progress on our attitudes to mental health. To talk about mental illness is no longer the taboo that it was when I was growing up, and as a consequence we have seen remarkable progress in recent years in relation to the treatment of people, especially in our national health service.

Today, I will focus attention on a slightly different aspect of this issue—one that does not get the same attention as the treatment of people with mental health problems in the NHS. I will talk about the experience of people who come into contact with the criminal justice system—initially, of course, with the police, then with the prosecution services and, possibly, the prison authorities. The purpose of this debate is to make it clear to the Minister that within those agencies of the state, we need a change of attitude and culture similar to those we have seen in other aspects of our daily life.

It is surprising that this issue does not get more attention. Many of the people about whom we are speaking often exhibit in public or private what might euphemistically be called “challenging behaviour”, which is a symptom or consequence of their mental illness. It seems to me that at all levels—in the police, the prosecution services, the courts and the prisons—we need a greater level of understanding of their life experience and, as a consequence, better implementation of procedures. In fact, many procedures are pretty good but, as I will come on to explain, they are not followed in a way that is appropriate or that was intended when they were put in place.

I confess that I had rather thought that, within the criminal justice system, we had got beyond that point. Almost a quarter of a century ago, both as a trainee solicitor in Aberdeen and as a prosecutor, I railed against some police officers who, at that stage, still reported people who had attempted suicide, alleging that they had breached the peace. That attitude belonged in the 19th century, not the 20th, and I hope that such things would not happen today. However, it illustrates the underlying attitude that requires exposure.

My interest in this issue was first engaged as a result of a constituent—a lady resident in Orkney—who came to see me because she was concerned about the treatment of her son. This is not an isolated case. From discussions that I have had with people in the police, the criminal justice system and social work, I believe that it illustrates pretty well many of the ways in which the criminal justice system fails to meet the needs of people in our community, especially those who suffer from mental health problems.

I will not name these people; my constituent and her son want to retain their privacy, which is perfectly legitimate. However, the Minister should be acquainted with this case; last week, I forwarded him my correspondence file, which is fairly substantial, so that he would be aware of the background.

My constituent’s son is resident in Romford. He has a history of mental illness problems, but prior to the episode that I will discuss he had taken himself off some of the medication that he had been prescribed, because it had side effects that disagreed with him. He was reported missing by his partner on 27 April 2014. She contacted the police because she was concerned that he might kill himself. Eventually, he was traced by two police constables to a shopping centre in Romford. Questioned by the constables on the street, he told them that he was in possession of two kitchen knives, and at that stage he said that he did not intend to harm others; later in an interview, he said that he was considering harming some of those he loved.

The detaining officers—the two police constables on the street—proceeded, quite rightly in my view, to detain my constituent’s son under section 136 of the Mental Health Act 1983. Given the information that his partner had provided the police and what he himself had said to them in the street, that seems to have been an entirely sensible step to take. Afterwards, as a standard procedure, the constables contacted their station sergeant. The sergeant instructed them to take him—let us just call him “M” for the purposes of today—not to a place of safety, that is the hospital, but back to Romford police station, where he would be interviewed under caution. That was done and the interview was conducted. There was no legal representation for M when he was in the police station and there was no appropriate adult present either.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
- Hansard - - - Excerpts

I congratulate the right hon. Gentleman on the speech he is making. Does he agree that, at that point in the police station, it should be a requirement of the system for investigating officers to inquire as to whether the individual is already under treatment by a mental health team and, if so, for them to seek information from that team about the individual’s psychological condition?

Alistair Carmichael Portrait Mr Carmichael
- Hansard - -

I am almost certain that if the medical condition being experienced by the person in custody was physical rather than mental, that course of action would be routine—simply what was expected. That is what I mean when I talk about a culture change being necessary. We need to treat people with mental illness in exactly the same way as we would treat people with a physical illness.

In fact, M disclosed in the course of his interview under caution, which unfortunately was not tape-recorded, that he was hearing voices and that he had been on medication, but had stopped taking it because of its various side effects. At the conclusion of the interview, he was charged with possession of a bladed article under section 139 of the Criminal Justice Act 1988. He was seen by medical professionals at some point in the course of his detention. I eventually had to submit on behalf of my constituent a data subject access request to get the custody records to find out the names of those medical practitioners. I still do not know their qualifications or whether they had, as the hon. Member for Stretford and Urmston (Kate Green) mentioned, access to the records that would have disclosed his full treatment history.

My constituent’s son eventually appeared the next day, 28 April 2014, at Barkingside magistrates court. He pleaded guilty and was remanded in custody until 12 May for psychiatric reports. Those were not available on 12 May or 14 May—a familiar story for anyone who deals with the summary courts—and he eventually appeared on 21 May, when those medical reports were available. Unfortunately, at that point it was apparent that the probation service reports were not available. It was 11 June before his case was finally disposed of. He was admitted to bail on 21 May and sentenced on 11 June. He was placed on a community order for six months on the condition that he remained under the supervision of the police service. In the meantime, he spent something in excess of three weeks in Pentonville prison, on remand and in custody, and 24 hours in police custody over a case that ultimately resulted in a community disposal.

I have enormous regard for those who staff and manage our prisons, but I do not know of any body of work that suggests that people suffering from a mental health problem are ever helped by being locked up in prison. That is essentially the point here. If my constituent’s son had been taken not to the police station, but to a hospital where he could have been treated and stabilised at the earliest possible stage, an inappropriate use of resource would have been avoided and he would have got the treatment he required.

Following the community order, I became involved with my constituent and a lengthy correspondence ensued. Fast-forwarding to 12 February 2015, I eventually received a letter from a deputy assistant commissioner at the directorate of professionalism within the Metropolitan police—she is a fairly senior officer—that concluded that my constituent’s son’s

“welfare and mental health was correctly managed during his time in police detention and that he was assessed as being of sufficient mental capacity to understand his actions on the day in question.”

She concurred that the officers had “acted correctly.” Unsurprisingly, my constituent was disinclined to let matters rest at that point. There was further correspondence, including with somebody with the glorious title of “professional standards champion”. That was not particularly fruitful, and it led eventually to a complaint to the Independent Police Complaints Commission.

On 25 January 2016—this is getting on for two years after the initial incident—the IPCC upheld the complaint. It observed in passing that the constable who had been the original arresting officer had received management action in relation to the Metropolitan police’s mental health policy; I pause here to say in parentheses that the only person in this whole sorry saga who acted correctly was the original arresting officer. At every stage in the process, he seems to be the one who gets the training, the management interventions and the counselling. If this poor constable is sitting somewhere in a police station in London sticking pins into an effigy of me, I would not blame him, but he was never the object of our concern. It was the failure of those above him to implement their own procedures properly that has probably brought us to this point today.

Thereafter, the correspondence between the Metropolitan police and me discloses a culture that requires change. The concept of professionalism, a directorate of professionalism and professionalism champions seem to exist for the purpose of protecting police officers, rather than admitting fault, learning from the experience and moving on. Those things exist for the protection of colleagues, rather than the investigation of complaints. To this day, I still do not know the qualifications of the force medical examiner who saw my constituent’s son in custody. I suspect that having made a data subject access request, I will get that information if I go to the Information Commissioner, but the fact that I have to anticipate that tells us everything we need to know about how such complaints are handled.

In many ways, my constituent’s son is fortunate. The episode was not perhaps as acute as it might have been. He is particularly fortunate to have a mother who is an intelligent, strong-willed, determined and articulate woman. She was never going to be fobbed off with excuses or half-answers. Without the support of his mother in Orkney or the support my office has been able to give him through her being my constituent, I am pretty certain that these questions would have gone unanswered. I am pretty sure that the original arresting officer will be inclined in the future simply to do what he has been told by his superiors. In that way, the culture and the mistakes continue.

The Metropolitan Police Service could probably have dealt with this issue in April, May or June 2014 had they simply accepted that they made a mistake and apologised. They did not do so because of the culture that exists. I suspect and have good reason to believe—I speak often to police officers and others within the criminal justice system in London and other parts of the country—that that culture continues to exist. That requires change if we are to give people who suffer mental health illnesses and who come into contact with the criminal justice system the treatment and respect they deserve.

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Nick Hurd Portrait Mr Hurd
- Hansard - - - Excerpts

I certainly give an undertaking to the hon. Lady that I will look into that. Prisoner rights in custody are pretty clear in terms of the duties on a custody officer—a custody officer is required to determine whether a detainee is, or might be, in need of medical treatment or attention, and to make sure that he or she receives appropriate treatment or attention if he or she appears to be suffering from an illness or injury or a mental disorder—but I give the hon. Lady that undertaking and will write to her.

Having acknowledged the point made by the right hon. Member for Orkney and Shetland, I want to place on record some of the genuine improvements that have been made. He raises a real concern, which has weight in the police system because of the amount of time police officers spend, in the modern age, dealing with people on the mental health spectrum.

A considerable effort has been made in recent years to improve local responses. Crisis care concordat partnerships have been successful in pushing people together at a local level to address long-standing issues such as the overuse of police cells as places of safety. As I have gone around the system, I have been very impressed to hear about the various triage schemes in many areas. Those schemes encourage closer working and exchange of real-time information between the police and health professionals. There are different models. Some have health staff embedded in police control centres. Others have health professionals working alongside police on the ground, and sometimes in the custody suites. The common feature of those models is that they enable the police to deal more confidently with people in crisis, informed by professional advice about the best solution.

Many areas are developing community-based voluntary sector or partnership drop-in centres—sometimes called crisis cafes or places of calm—to which those who feel themselves nearing a crisis may be referred, or may self-refer, for support and advice. Such co-operation mechanisms have resulted in a significant and, I hope, welcome reduction in the use of police stations for those who have committed no offence. In 2016-17, a little more than 1,000 such uses were recorded, compared with just under 8,500 in 2012-13, so there is progress on that front.

We are changing the powers available to the police under the Mental Health Act 1983. In particular, the use of police stations as places of safety has been completely banned for under-18s. For adults, regulations now set out very specific criteria on when a police station can be used. Police officers are required, if practicable, to consult a mental health practitioner before detaining a person under section 136, but I will come back to the hon. Member for Stretford and Urmston (Kate Green) with a more refined position on requirements to consult the individual’s own medical practitioner.

The period for which a person may be detained for the purposes of a mental health assessment under section 135 or section 136 is now reduced to 24 hours to ensure such assessments and arrangements for further care are completed as swiftly as possible and that people are not unnecessarily delayed. Police powers to detain a person under section 136 have been extended to any place other than a private dwelling, enabling the police to act promptly in places such as workplaces.

Better community partnership and changes to the 1983 Act have clearly made a difference.

Alistair Carmichael Portrait Mr Carmichael
- Hansard - -

The point on which the IPCC upheld the complaint of my constituent’s son was that he should have been detained under section 136 as well as the Criminal Justice Act 1988 provisions, and that did not happen. That was a fairly narrow point, in many ways, but anecdotal evidence suggests that it is fairly widespread. What is the Home Office doing to establish an objective picture and find out what is happening on the ground? I suspect the procedures are not that bad, but the implementation requires some attention.

Nick Hurd Portrait Mr Hurd
- Hansard - - - Excerpts

I accept the point that the IPCC found that guidance to detain under both section 136 and for any accepted offence had been breached in that case. I am not quite sure how long it took between 2014 and that judgment—probably too long. I accept that, but I come back to my earlier point. The right hon. Gentleman will know from experience that from the specific, we learn and probe general application. That is why our complaints process must work better than it does at the moment, not just for his constituent’s son and others in that position, but for the police officers concerned.

A lot of police officers are, in their words, being left out to dry for long periods of time, while the processes take too long. We want a swift process of finding the truth; we want accountability—accountability matters—but then we want a culture of learning and thinking, “What have we learned, and what are we doing about it?” We are not there yet, but everyone is talking about it in the right way. Part of my responsibility as Policing Minister is to continue pushing on that.

I am running out of time, but I should mention that if a person who has been detained for an offence is identified as having possible mental health or substance misuse issues, they may be referred to liaison and diversion workers for advice and onward referral to support services. Such schemes now provide support across 80% of police custody suites and courts in England, with the expectation that 100% coverage will be achieved by 2021.

On police use of force, a new memorandum of understanding between police forces and mental health and disability settings was finalised in 2017. At the extreme end of that is the response that we have to make to the report on deaths in custody. Some of the issues that the right hon. Gentleman has picked away at—the human testimonies, and the attitudes of the police when they feel defensive—come through very clearly in that report, and we have to break those down.

As I hope I have made clear, across a range of the avenues available to the Government, we are making some progress. I repeat my undertaking to come back to the hon. Member for Stretford and Urmston on her question.

Motion lapsed (Standing Order No. 10(6)).

Oral Answers to Questions

Alistair Carmichael Excerpts
Monday 20th November 2017

(8 years, 4 months ago)

Commons Chamber
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Ben Wallace Portrait Mr Wallace
- Hansard - - - Excerpts

This year, the Government and police and crime commissioners are investing a record sum in regional organised crime units across the country. That is why, in the year alone, there have been convictions totalling 2,375 years and confiscation orders of more than £25 million, half of which can go back into police forces to catch the next lot of bad guys. Regional organised crime units have seized 300 kg of cocaine and 39 kg of heroin, and have safeguarded 65 vulnerable children in a year alone.

Alistair Carmichael Portrait Mr Alistair Carmichael (Orkney and Shetland) (LD)
- Hansard - -

9. If she will meet representatives from the Scottish fishing industry to discuss visas for crew members from outside the EEA.

Brandon Lewis Portrait The Minister for Immigration (Brandon Lewis)
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I have already had meetings with some of my hon. Friends from Scotland, and I am meeting a number of Scottish MPs to discuss the issue this very week. I was due to meet representatives of the industry during my recent visit to Edinburgh, but they were sadly unable to attend on the day.

Alistair Carmichael Portrait Mr Carmichael
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I will take that as my invitation to the meeting. I suspect that the Minister has already heard about the problem, which is that the few visas available are transit visas, meaning that boats are pushing for the visas allowed—not where the fish are to be found. This leaves many crew members vulnerable and exposed to exploitation. Will the Minister speak to Border Force about its insistence that crew members should be classified as unskilled labour?

Brandon Lewis Portrait Brandon Lewis
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It is a cross-party meeting, and I am happy to ensure that the right hon. Gentleman has the details about that meeting later this week. We are obviously looking at all these issues, particularly in the light of leaving the European Union and our future immigration policy, so I look forward to hearing the views of Scottish MPs.