Apsana Begum debates involving the Home Office during the 2019 Parliament

Mon 12th Jun 2023
Wed 26th Apr 2023
Tue 28th Mar 2023
Illegal Migration Bill
Commons Chamber

Committee stage: Committee of the whole House (day 2)
Mon 27th Mar 2023
Illegal Migration Bill
Commons Chamber

Committee stage: Committee of the whole House (day 1)
Mon 13th Mar 2023
Tue 7th Dec 2021
Nationality and Borders Bill
Commons Chamber

Report stage & Report stage & Report stage

Ethnic Minority and Migrant Victims of Violence Against Women and Girls

Apsana Begum Excerpts
Wednesday 5th July 2023

(8 months, 2 weeks ago)

Westminster Hall
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Apsana Begum Portrait Apsana Begum (Poplar and Limehouse) (Lab)
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I congratulate my hon. Friend the Member for Edmonton (Kate Osamor) on securing this important debate and championing the plight of domestic abuse survivors, including survivors of domestic abuse who find themselves unable to access support due to no recourse to public funds, an issue on which she has been an advocate in this House.

As co-chair of the all-party parliamentary group on domestic violence and abuse, I am all too aware of the impact of the cost of living crisis. There is no doubt about its impact. Although we hear constantly about the crisis and its effects on families, schools and pensioners, we hear less about how it prevents women from fleeing domestic abuse. Even before the cost of living crisis, finances already acted as a barrier to people leaving an abuser. Survivors often struggle to access the money that they need to flee, and the cost of living crisis has hugely exacerbated that.

A recent survey published in January by Women’s Aid found that 73% of survivors had either been prevented from fleeing as a result of the crisis or it had made it harder for them to flee. In my view, the cost of living crisis and economic and financial abuse in particular are placing survivors of domestic abuse at risk of criminalisation. For example, in my borough of Tower Hamlets, the safer neighbourhood team has found that the most shoplifted item in the borough right now is Calpol. That is an utterly devastating fact. We know that that is driven by poverty and the utter desperation of mainly women and mothers.

I want to turn to the experiences of women survivors in the criminal justice system. We should all be appalled that at least 57% of women in prison or under community supervision are victims of domestic abuse. Indeed, campaigners have long raised their plight and the need for far greater support for them, as well as legal safeguards to prevent victims from being criminalised as a result of their abuse. This cannot be emphasised enough: we have known for long enough that black and ethnic minority women are disproportionately drawn into the criminal justice system and therefore, as the Tackling Double Disadvantage partnership has said, suffer from that double disadvantage.

I want to raise the plight of pregnant women in prison. The imprisonment of pregnant women is wrong. They are almost twice as likely to give birth prematurely and are five times more likely to experience a stillbirth. The Ministry of Justice is aware of that and campaigners have long called for no woman to have to give birth in prison. In 2019, for example, a woman gave birth in a prison cell in Bronzefield prison, which is Europe’s largest women’s prison with no access to a midwife or any maternity care. The woman’s baby did not survive. That is a huge injustice. I think most people in this country will see it as a grave injustice that women in prison are often expected to give birth without the care that is needed, so I urge the Government to review that. Once a year, campaigners including Level Up and No Births Behind Bars are outside the Royal Courts of Justice and outside Parliament campaigning on that issue.

I also want to raise the issues around pregnant refugees. Under the current provisions in the Illegal Migration Bill, pregnant refugees are likely to be placed in circumstances worse than the already inhumane situation of pregnant women in UK prisons. In places such as Manston, there have been outbreaks of diphtheria and reports of assaults and drug use by guards. Last year it was estimated that Manston was detaining thousands of people who arrived in Britain via small boats—some for as long as 40 days or more. No one should be detained in such places at all, never mind those who are pregnant. The British Medical Association, the Royal College of Midwives, the Royal College of Obstetricians and Gynaecologists, and Maternity Action have all raised the issue of healthcare in immigration detention and the fact that it is very poor indeed.

In 2014, some 99 women were locked up in Serco-run Yarl’s Wood detention centre while pregnant, and research by Medical Justice found that they often missed antenatal appointments, often had no ultrasound scans, did not have direct access to a midwife and could not request visits. Surely that is an injustice and needs to be addressed. Many of those women will have fled persecution and violence in other parts of the world, and they go on perhaps to experience violence and abuse in this country as well.

I also want to speak about the condition of no recourse to public funds. The case has been made again and again; the research and the evidence are there as to how that is having an impact on migrant survivors of domestic abuse’s ability to come forward. I appreciate the steps and strides made in the Domestic Abuse Act. No one can take away from the fact that that was landmark legislation and had a lot of support on both sides of the House. It was important that we put this matter on a statutory footing and ensured that there were provisions to support people. But what was missing was support for migrant survivors of domestic abuse.

One of my concerns is about the DDVC, the destitution domestic violence concession, which allows those women who do come forward to apply for leave to remain, if they have the intention to apply for indefinite leave to remain, to get a three-month period to, essentially, sort themselves out. How can they really, in a three-month period, sort themselves out to get a roof over their head and have a sense of security while they are escaping domestic abuse? I am aware that there are the domestic violence ILR rules as well.

The problem underpinning all of this is that women and survivors will not come forward unless they are aware, and feel absolutely confident, that their information will not be shared with immigration enforcement, so I support the calls that are being made again and again that we need a firewall to end the sharing of data between the police and the Home Office for immigration enforcement purposes. That has been recommended by the Select Committee on Justice, by the Domestic Abuse Commissioner and all other women’s sector services. It literally can make the difference between life and death for migrant survivors of domestic abuse.

Lastly, I want to say a little about my own case. The topic that we are debating today cuts to the core of my experiences. Colleagues will be aware that two years after being elected, I endured an eight-day trial, instigated by a complaint made by my ex-husband’s brother-in-law, which forced me to talk about my painful and private experiences of domestic abuse. The action was taken by my local council, and my ex-husband was a councillor at the time. I was found to be innocent of all the charges, but what remains is that the matter of domestic abuse was actually used against me by the prosecution; it was argued that the domestic abuse was a motive for the alleged crimes. As Raj Chada, who represented me—he is the criminal defence partner at Hodge Jones & Allen—argued:

“Prosecutors and investigators need to better understand and consider how victims of coercive control and domestic abuse behave and how they are treated by the criminal justice system.”

It is absolutely imperative that the Government now look at introducing statutory defences for victims of domestic abuse who are accused of offences, and add to the victims code a commitment to protect all victims of violence from unjust criminalisation, ensuring that they have their rights upheld as victims and are not further stigmatised. Additional safeguards are needed throughout the criminal justice process. The Tackling Double Disadvantage partnership is calling for the introduction where necessary of additional safeguards, such as a process to allow the pausing of a police interview under caution where it becomes clear that the suspect may be a victim of domestic abuse. I did not have that. I am not saying that, as a Member of Parliament, I should have been treated specially or differently, but I am describing my case and my experiences of being interviewed under police caution, where I made the position very clear, and it took a lot of confidence and courage to come forward and say, “This is what has been happening and I am still fearful of what my ex-husband can do to me, just for coming forward—just for speaking out.”

There did not seem to be an understanding of domestic abuse in the handling of the case in its early stages, and I fear that other people are being prosecuted for offences in relation to which the law does not necessarily take into account the impact and experiences of domestic abuse. My case was a fraud case; there are no statutory defences around domestic abuse in a case such as that. The case rested heavily on the approach of the prosecution, which considered domestic abuse a motivating factor for the crime. I therefore call for additional safeguards and statutory defences, and for a commitment to the victims code to protect people from unjust criminalisation. I strongly feel that what happened to me must never happen to anyone ever again, but I fear that it is still happening to many people in this country.

I thank the Centre for Women’s Justice and the Tackling Double Disadvantage Partnership. The partnership is made up of a number of organisations, which I will name: Hibiscus Initiatives, Agenda Alliance, Women in Prison, the Zahid Mubarek Trust, the Muslim Women in Prison project and the Criminal Justice Alliance. They are making a range of calls on the Government; I have already mentioned the firewall on data sharing between police and the Home Office. They are also calling for increased investment in women-specific services, specifically for victims of violence who are facing criminal proceedings, so that women have a safe space to disclose and receive support, and they are calling for that investment to be made particularly in services that are for and led by black, Asian, minoritised and migrant women. They are also calling for criminal justice practitioners at every stage of the process—whether police, judges, juries, or prisons and probation services—to take proper account of the abuse experienced by victim suspects and defendants, and to be made accountable for doing so. That call is about having access to training, guidance and expert support from women’s specialist services, so that criminal justice practitioners can consider fully the relationship between alleged offending and experiences of abuse.

Without the support of the women’s sector, I too would have found myself not necessarily having the language to describe my experiences. It was profoundly empowering to put the proper words to my own experience, so that it could be understood by the criminal justice system. That would not have happened without the support that I ended up receiving, and availability of that support is a postcode lottery for many people in this country. For example, there are just not enough independent domestic violence advocates. I know that the Government are providing a statutory definition in the Victims and Prisoners Bill. We can make a statutory definition of what an IDVA is and does, but there need to be enough of them. There needs to be a commitment to funding enough of them, whether through Victim Support or local and established services. We can put things in Bills, but we need the funding to ensure that they can be implemented and have an impact.

I have already mentioned the Illegal Migration Bill. The Tackling Double Disadvantage Partnership is calling for the withdrawal of provisions that would limit the rights of potential victims of trafficking. We have to understand the experiences of women who have been persecuted and are fleeing violence in other parts of the world. They also have rights under international law, and we have to take that into account in terms of their experiences in this country.

Finally, I have not really mentioned data, apart from the data sharing among the Home Office, immigration enforcement and the police. It is important to collect and analyse disaggregated data to improve our understanding of the criminalisation of victims of violence against women and girls, and of the intersection between that and the experiences of black, Asian and minoritised and migrant women. Not enough data is available, and I could say lots about why it is not, but it is absolutely important to make that data available. Victims themselves need to know what is happening in the criminal justice system and the sector needs to know as well.

Every week, two women in the UK are killed by a current or ex-partner, and 49% of those women are killed less than a month after separation. That is unacceptable and preventable. Women make up 5% of the prison population, and so many of them will be victims of domestic abuse. That is also unacceptable. So many of those women are giving birth behind prison bars, which is also unacceptable. But this is all preventable. This injustice is preventable and I urge the Government to take action sooner rather than later.

Public Order

Apsana Begum Excerpts
Monday 12th June 2023

(9 months, 1 week ago)

Commons Chamber
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Apsana Begum Portrait Apsana Begum (Poplar and Limehouse) (Lab)
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It is appallingly apt that this widely recognised repressive and authoritarian Government are using a widely recognised repressive and authoritarian power to implement a widely recognised repressive and authoritarian measure to give the police almost complete discretion over which protests they want to ban. It is not as though the police are not already equipped with excessive and unaccountable powers.

Indeed, such powers were on display in my constituency recently when up to 100 police officers evicted 29 homeless people, including some thought to be subject to no recourse to public funds, from 88 Hardinge Street—a building understood locally to be an unofficial homeless shelter. The operation included a large number of territorial support level 2 public order officers with riot shields to deal with residents who had gathered in shock to protest against the action. A dispersal order was issued that stretched almost a full kilometre around my constituency. A constituent said:

“as a local resident, if I could file a complaint against the actions of the police today, I would.”

Kieran Mullan Portrait Dr Mullan
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Will the hon. Member give way?

Apsana Begum Portrait Apsana Begum
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I will not—the hon. Member has had his say.

It is chilling that these measures are being forced through when trust in the Metropolitan police is at an all-time low, not least following the killing of Chris Kaba, who was fatally shot by a Metropolitan police firearms officer in September last year; the treatment of Child Q; the kidnap and killing of Sarah Everard by a serving police officer; the evidence of institutional racism and misogyny, and so on. Even more unaccountable power is being handed to the police when so many are concerned about long-standing failures on the part of the police to be accountable for their actions.

The truth is that the Government’s actions today would never be right. This attack on democracy and civil liberties is akin to that of many repressive regimes that the UK has been right to criticise, but now it seems to be seeking to emulate or perhaps compete with them. Does the Home Secretary agree that Dr Martin Luther King, with his non-violent civil disobedience, is one of the most widely celebrated activists worldwide? Does she acknowledge that many recognise, and some even celebrate, the suffragettes and the role they played in advancing the democratic rights of women? She referred to harmful protests and repeated protests that will be outlawed through the powers to be given to the police. So harmful were the protests that the suffragettes engaged in that they won women the right to vote. She and I both enjoy the privileges of that today as parliamentarians in this House.

We cannot allow the Government to get away with this repressive change to the laws of protest. I will vote against the regulations, and I urge colleagues across the House to consider doing the same. This is so much more important than all of us individually and more important than political parties; it is about the future of democracy itself.

Robert Jenrick Portrait Robert Jenrick
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The key element at the heart of the Bill is deterrence. We want to deter individuals, families or adults from going into these dinghies, putting themselves at the behest of people smugglers. Ultimately, that is the way that we protect children. If we allow this issue to escalate—that is not the intention of those who oppose the Bill, but it is the logical conclusion—it will simply see more children placed into these boats and we have to stop that. That is what we are setting out to do here. As my hon. Friend has raised the point, I would praise the authorities in Kent, which have gone above and beyond to support young people. I have recently visited the facilities there.

Robert Jenrick Portrait Robert Jenrick
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I will give way to the hon. Lady, and then I should make more progress.

Apsana Begum Portrait Apsana Begum
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Does the Minister agree that it is deeply harrowing to learn of pregnant women arriving in the UK on these boats and that perhaps they should be exempt from the provisions on removals in the Bill?

Robert Jenrick Portrait Robert Jenrick
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I do not want to see pregnant women placed in a difficult or compromising position. The scheme is structured in such a way that a suspensive claim can be brought where there is serious or irreversible harm, which, in most cases, is physical harm, that would prevent an individual from being placed on a flight either back home to their own country, if it is a safe place, or to a safe third country like Rwanda. The usual fitness to fly procedures will apply. Therefore, a pregnant woman would not be placed on a flight to Rwanda or elsewhere unless it was safe to do so. There are long-standing conventions of practice on how we would make that judgment.

On the issue of detention of unaccompanied children, I understand the concerns that a number of hon. and right hon. Members have raised about the prolonged detention of children without the authority of a court. I thank those Members, including my hon. Friend the Member for East Worthing and Shoreham, for their very constructive engagement with us on that and other matters. As a result of those discussions, we have introduced Government amendments 134 and 136 to enable a time limit to be placed on the detention of an unaccompanied child where the detention is for the purposes of removal.

I acknowledge my hon. Friend’s and other hon. Members’ concerns—indeed I share them. I commit to working with him and others, including my right hon. Friend the Member for Chelmsford (Vicky Ford), with whom I have had a number of conversations, to set out the new timescale under which genuine children may be detained for the purposes of removal without the authority of the court and what appropriate support should be provided within detention, recognising the obligations under the Children Act 1989, an important piece of legislation.

I can also confirm to my hon. Friend the Member for East Worthing and Shoreham and others that it is our intention that, where there is no age dispute, children are not detained for any longer than is absolutely necessary, with particular regard to the risk of absconding and suffering significant harm. I trust that those amendments and commitments will assuage the concerns that he raised in Committee and that he will not feel the need to press his amendment 138 on this issue.

--- Later in debate ---
Tim Loughton Portrait Tim Loughton
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That is what we put in the Immigration Act 2014 with the then Immigration Minister, now the Transport Secretary. What has changed between 2014 and 2023 that means apparently we have to detain children indefinitely? We need timescales in the Bill, as we had in 2014. I appreciate there are practical problems about age verification for those who are challenged. We may have to have a two-tier system, but certainly those children who are recognised generally as children should not be locked up in detention centres and Home Office facilities, and that has to be made absolutely clear when this Bill goes to the Lords.

We also need to know how and where the Government plan to accommodate those children once identified. The accommodation does not exist at the moment, and the Government have only a few months to magic it up if we want to get this legislation through in a matter of months. I share the Children’s Commissioner’s concerns. She said:

“The Bill is unclear on what the state of the accommodation will be for children while awaiting transfer to local authority care or removal from the country…What regulations will be in place for Home Office provided accommodation? If the accommodation is regulated which body will inspect them?”

There are a lot of questions to be asked. We are taking the assurances from the Minister on trust. We will not continue with a lack of detail when the Bill gets to the Lords, but for the moment we will not force it, because I trust the Minister to do the right thing before the Bill goes through its final stages.

Apsana Begum Portrait Apsana Begum
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I rise to speak to a range of amendments and new clauses seeking to protect people from the attacks on basic human dignity that are before the House today. I am supporting new clauses in the name of my hon. Friend the Member for Streatham (Bell Ribeiro-Addy) about the ongoing human rights breaches that migrants endure, which have been happening for some time, but today I shall focus on how the legislation treats those who are pregnant, because not only will the Bill persecute and imprison people fleeing torture, war and oppression, but it will put the health of some of the most vulnerable of them—pregnant women—and the life of their unborn children at risk. That is why I have tabled new clause 2 seeking to exempt pregnant women and girls from provisions about removals. My new clause 3 seeks to require an independent review of the effect of the provision on pregnant migrants, and my new clause 7 is about a review of the effect of the measures on the health of migrants.

I am also supporting related amendments to prevent an immigration officer’s and the Secretary of State’s detention powers from being used to detain unaccompanied children, families with dependent children, or pregnant women, as tabled by my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson).

In order to cut through the dehumanising othering that too often plagues debates on migration—I note the awful nature of the comments made earlier today in response to the hon. Member for Glasgow Central (Alison Thewliss) about the dental testing of young migrants, which I find dehumanising and an othering of different communities—I would like to draw the House’s attention to a real-life example to illustrate the human reality of what is being debated today.

Najma Ahmadi and her family fled from the Taliban and made 20 attempts to cross into Greece from Turkey—20 attempts. On two occasions, Najma nearly drowned, once while pregnant with her baby daughter. She finally arrived in the UK last July on a boat, her terrified one-year-old baby girl clutched against her. Najma and her family were entitled to asylum, which was granted last December, but we must not forget those pregnant women escaping persecution who have died seeking refuge. For example, Yohanna, an Eritrean woman thought to be about 20 years old, who gave birth as she drowned alongside many others, when the boat she was travelling on, trying to get to safety, capsized. And there are many other women who remain unnamed.

These women are not criminals, but this Government are proposing today to treat them worse than criminals, despite knowing that such women are in fact victims of foreign policy failures and the simple, indisputable fact that there were no safe routes for them. They are fleeing countries such as Afghanistan, which has barely had a mention today. As I said during the previous stage of the Bill, as of last month, 22 people had been granted asylum through the Afghanistan resettlement scheme. If that figure has changed, I would be more than happy for the Minister to address it in his closing remarks, but that is such a small number—unless of course the Government have changed tack and do not think there are women trying to escape the Taliban in Afghanistan and believe that they do not deserve safe routes through which to escape.

Not only will the Government refuse sanctuary to those who survive these horrors, but clause 11 will enable the Home Secretary to condemn them to indefinite detention. The Bill will therefore see migrant women who should have finally escaped persecution facing pregnancy and birth alone, without adequate medical support and with the fear of potential separation from their baby.

There is a wealth of information and evidence that the imprisonment of any pregnant women is wrong. We know that pregnant women in prison are almost twice as likely to give birth prematurely and are five times more likely to experience a stillbirth. Yet pregnant refugees are to be placed in circumstances worse than the already inhumane situation of pregnant women in UK prisons such as Manston, where there are outbreaks of illness and disease, reports of assaults and drug use by guards, and which last year was estimated to be detaining thousands of people arriving in Britain via small boats, some for as long as 40 days or more. No one should be detained in such places, never mind those who are pregnant.

The British Medical Association, the Royal College of Midwives, and Maternity Action have all raised that healthcare in immigration detention is often very poor. In 2014, some 99 women were locked up in Serco-run Yarl’s Wood detention centre while pregnant, and research by Medical Justice found they often missed antenatal appointments—

Roger Gale Portrait Mr Deputy Speaker (Sir Roger Gale)
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Order. The hon. Lady is out of time. I call David Simmonds.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
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I am flattered by the idea of my good offices with the Government, and I will take that at face value—thank you very much indeed. I will speak to the Government about that, and I accept that we need to get that replacement made very quickly.

The most important point is that we need to think about exempting any victims exploited in the UK from the disapplication of modern slavery protections. There is a very good reason why that is the case. As my right hon. Friend the Member for Maidenhead laid out clearly, if we do not do that, those who are affected will simply dismiss any idea of coming forward to give evidence, because they will fear that they will not be accepted and that they will therefore have to go. Many of them will not yet have given evidence to the police. The Bill suggests that the Secretary of State will be able to assess whether they have given evidence to the police, but this a longish process. This accounts for more than 60% of cases, and I really wish that the Government would think carefully about protecting them. I think the police will back us on this, because they want those people to give evidence.

The irony is that the more we help those people and the more they give evidence, the more traffickers we will catch and close down, which will probably result in fewer people coming across the channel on boats. This is all part of a circle of trust, identification and final prosecution, and it is really important. We should amend clause 21 to exempt victims exploited in the UK, and the new threshold for a positive reasonable grounds decision requiring objective evidence would prevent spurious claims. The whole point of this is to find a way.

I think we can agree on this. The work the UK has done on modern slavery, the evidence and all the rest of it, is now helping to prosecute the traffickers. If we lose that delicate flower of success, we will find ourselves in a worse position, with many more people being deliberately trafficked because we have become a soft touch on trafficking.

I fully understand why the Government are trying to deter the illegal use of these boats to cross the channel, both for people’s safety and because it puts huge, unnecessary pressure on services here, but I beg my right hon. Friend the Minister for Immigration to accommodate these concerns about modern slavery and to make sure that we do something in the Bill to protect these people in the long run.

Apsana Begum Portrait Apsana Begum (Poplar and Limehouse) (Lab)
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I support the amendments on the rights of children, because the Bill punishes children just for being refugees and puts unaccompanied children at risk. There is not enough time to go through every clause, but I will highlight some of the many cruelties.

The measures before the Committee today not only abolish the protections afforded to children but allow unaccompanied children to be routinely detained beyond the 24-hour time limit, and to be detained anywhere the Secretary of State considers appropriate. Detaining children for prolonged periods is utterly unacceptable and poses serious risks to their health, safety and protection.

Clauses 2 to 10 will create a large and permanent population of people, including children with families and unaccompanied children, living in limbo for the rest of their lives. Clause 3 could see a child who arrives alone, fleeing war and persecution, being allowed to integrate into UK society, only to be forcibly removed from the UK as soon as they turn 18.

Clauses 15 to 20 give the Secretary of State a range of astonishingly far-reaching powers, including the power to terminate a child’s looked-after care status and the key legal protections provided by local authorities.

Edward Timpson Portrait Edward Timpson (Eddisbury) (Con)
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I am pleased that the hon. Lady has raised these clauses. Having spoken to the Minister, I know he is keen to ensure that we have clarity on this issue so that when the Home Office provides appropriate accommodation for children, in addition to the other care and support required, we know what that means in practice. We also need to understand the justification and reasons for enabling the Home Secretary to remove a child from local authority care under the vice versa clause, clause 16. At the moment, the explanatory notes do not seem to give any reason why the power is needed.

Apsana Begum Portrait Apsana Begum
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I hope the Minister will address the hon. and learned Gentleman’s point.

There is an array of evidence on the significant harm facing unaccompanied children who are accommodated by the Home Office in hotels. For vulnerable children, this Bill denies refugee and human rights protections and recovery from trafficking, and it prolongs their fears and insecurity by denying them the reassurance that they have found safety.

This Government are not only targeting children. They are removing almost all protections for victims of modern slavery and trafficking who are targeted for removal. As such, I also support the amendments on equalities and human rights, including my new clause 20, because the Bill will be disastrous for disabled and LGBTQ+ children and adults. Women fleeing persecution will be prevented from claiming asylum and will be detained indefinitely, with no exemption for those who are pregnant. Indeed, clause 11 will enable the Home Secretary to enforce the indefinite detention of children and pregnant women in camps such as Manston on a statutory basis. That goes back to what was happening before 2016, when pregnant women were being detained for weeks on end, and in some cases months, with no idea when they would be released. This is utterly disgraceful.

How can it be right that people are to have their human rights ripped away because they are from a different place? Surely human rights are inalienable and universal. Persecuting some of the most vulnerable people fleeing torture, war or oppression during a climate of increasing anti-migrant hostility, with attacks on hotels housing asylum seekers and a growth in far-right activity, is cowardly and dangerous.

The Illegal Migration Bill will be marked for years to come as an extraordinary and chilling attack on our values and way of life. Not in my name. I oppose the Government’s clauses before the Committee today. I reject their purpose and principle in their entirety, because all human beings are born free and equal in dignity, and with rights. In the words of article 2 of the universal declaration of human rights:

“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs”.

John Howell Portrait John Howell (Henley) (Con)
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I rise to speak to amendment 181, which appears in my name. I ask the Minister to think about my request over the coming days. I am not asking for a commitment now, and I will not seek to divide the Committee on this question.

The purpose of amendment 181 is to get an opinion from the European Commission for Democracy through Law, otherwise known as the Venice Commission, which is part of the Council of Europe. It consists of lawyers from across wider Europe, including the UK, and its individual members include professors of public and international law and supreme and constitutional court judges. The UK members are Mr Timothy Otty and Mr Murray Hunt, who are both competent lawyers.

The Venice Commission exists, in part, to comment on whether and how legislation, in either draft or final form, is compliant with the UK’s obligations as a party to the European convention on human rights. I have previously used its offices to comment on draft legislation before the Turkish Parliament. It can be quick. I believe the Turkish legislation took about a month to examine. France and Germany have also used the Venice Commission in reference to constitutional law. Incidentally, I am already negotiating hard with German socialists to stop a hostile motion being tabled against the UK.

How much better it would be to go to this organisation, as part of an international and multilateral community, than to be dragged there? I have ensured that any reference to the Venice Commission in my amendment does not hold up the Bill, as the amendment would come into force a month after the Bill’s enactment.

I understand from the Minister that he has consulted other countries on this legislation. How much fuller and more expansive would it be to use this vehicle, with its wider remit, to get an opinion—not a guarantee but an opinion—that would mean no one had to guess the chances of the Bill meeting the requirements of the convention? I cannot see the harm in using this vehicle to do that, and I am very happy to be involved in helping to facilitate a reference to the Venice Commission.

I ask the Minister to consider this proposal further in the days ahead, and I am fully available to discuss it with him.

Miriam Cates Portrait Miriam Cates (Penistone and Stocksbridge) (Con)
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I rise to speak to amendments 131 to 134, which seek to strengthen the Illegal Migration Bill by preventing spurious claims—whatever they may be—being used to resist the removal of those arriving in Britain illegally. The amendments aim to close any potential loopholes that would limit the Bill’s effectiveness.

I have listened carefully to many thoughtful and technically excellent speeches from hon. Friends and hon. Members across the Committee for whom I have the greatest respect. I cannot match their legal expertise and detailed understanding of the legal complexities of the Bill, but I want to argue for the principle of strengthening the Bill, which I think the Government have accepted, to ensure that it is effective. It is essential that it be effective, because more than 40,000 people arriving illegally on small boats in a year is a serious safety issue, national security issue and economic issue, with £6 million a day being spent on hotels to house migrants. It is a crime issue, with many illegal immigrants engaging in illegal activity or being drawn into slavery and exploitation. It is also a sovereignty issue. Many ask: who is really in control of British borders—our elected Parliaments or foreign courts?

If the Bill does not work and does not result in the swift deportation of those who arrive here illegally, it will not have a deterrent effect and we will not stop the boats. The objective of the amendments is therefore to strengthen the legislation to significantly reduce the likelihood of unjustified legal challenges that use human rights legislation that was never meant to provide cover to international gangs.

I thank Ministers for their consideration of the intention of the amendments. Some of those who oppose them and the Bill will cite compassion. I wholeheartedly agree that those who are genuinely fleeing war and persecution deserve our compassion. Many should be—and are—offered a home here in the UK. Our compassion should be directed at those who are genuinely helpless and without agency—such as children—but not those who have a choice about whether they leave their home country, or those who choose to exploit others through international human trafficking.

In many ways, this debate epitomises the great argument of our times between those whose understanding of human rights is that anyone should, more or less, do whatever and go wherever they want, and those who believe that strong boundaries, firm rules and proportionate restrictions are essential for strong families, communities and nations. It is an argument between those who think that, as a wealthy country, we somehow have unlimited resources and who do not acknowledge that population growth over recent years has seriously limited and stretched our capacity, for example on housing, and those who realise that even though we are in a wealthy and fortunate position, there are serious limits on our resources.

Many of those who argue against strong borders and strong action against illegal immigration are not personally affected by illegal immigration. Their wages are not threatened by the black market economy, they do not rely on essential local resources that are taken up with housing migrants, their children are not sent to school with young men who are clearly not children, and their sense of agency and national identity does not rest on the integrity of our borders or the sovereignty of our Parliament.

For those whose lives and culture are not negatively impacted by thousands of people arriving here on small boats, it makes sense to argue for open borders in the name of compassion, but for many people, including many of my constituents, those are luxury beliefs. The reality is that high and clearly visible levels of illegal immigration are a threat to ordinary people’s safety, security, identity and sense of fair play. Believing in and upholding strong borders and firm boundaries is not uncompassionate or bigoted; it is a prerequisite for a fair, safe and cohesive nation.

Ultimately, when boundaries are not upheld or laws not enforced, it is always the vulnerable that suffer, as criminals exploit loopholes and drain much needed finite resources away from those in genuine need. [Interruption.] I will not give way because I have been given a five-minute limit by the Chair.

We all want genuine asylum seekers to be able to find safety here in the UK. As the Minister said, this country is surpassed by only three other nations in our acceptance of refugees from UNHCR schemes. But the exploitation of our borders and laws by those who are not in genuine need and, worse, by abhorrent international people-smuggling gangs is neither fair nor compassionate and it must end. A strengthened Illegal Migration Bill will deter people from making the treacherous journey in small boats, and give us the resources and focus to go after those safe and legal routes that everyone in the House agrees should be there.

Apsana Begum Portrait Apsana Begum (Poplar and Limehouse) (Lab)
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I rise to speak against the Government clauses before the Committee today and in favour of several amendments that seek to limit their horror and inhumanity.

The changes made by clauses 37 to 48 to the legal and human rights of asylum seekers breach the UK’s human rights obligations. The proposed timescales and tests, combined with the lack of judicial oversight, build in unfairness and undermine access to justice. It is difficult to see how a vulnerable and traumatised person will be able to engage with the process, especially as the provisions do not set out any right to legal advice and representation.

That is one of the many reasons that I support new clause 26 in the name of my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), which would require an equality impact assessment about how people with protected characteristics under the Equality Act 2010 will be impacted by the Bill. Indeed, protections for vulnerable people, pregnant women and children are being tossed aside in favour of new powers to indefinitely detain people at greater risk of harm, including survivors of torture, trafficking and modern slavery.

The new and sweeping powers of arbitrary detention are nothing short of spine chilling. The Bill will increase the number of people detained, while removing the bulk of the essential safeguards that were put in place to protect people, adding to the inherent harm caused by indefinite detention. That is despite the UK’s immigration detention system being plagued by mismanagement, profiteering by private companies and incidents of systemic and direct abuse and neglect, including the scandals reported at Brook House immigration removal centre, the Manston short-term holding facility, Harmondsworth IRC and many others.

What is the purpose of this sweeping and illegitimate restriction of people’s liberties? What is the crime that such individuals have committed to be treated worse than serious criminals and to have fewer rights? Today, this Government propose to punish people for seeking asylum. Not satisfied with that, they seek to ensure that those people cannot challenge this injustice—all essentially to deter anyone else from coming to the UK to seek sanctuary. They are literally planning to persecute the already persecuted.

Denying access to asylum on such a basis undermines the very purpose for which the refugee convention was established. The convention explicitly recognises that refugees may be compelled to enter a country of asylum irregularly. The United Nations Refugee Agency has said:

“Most people fleeing war and persecution are simply unable to access the required passports and visas. There are no safe and ‘legal’ routes available to them.”

The reality is that the UK offers safety to far fewer refugees per capita than the average European country, such as France or Germany, and to far fewer than the countries neighbouring those from which 70% of the refugees from the global south flee. That is why I support new clause 10 tabled by my hon. Friend the Member for Sheffield, Hallam (Olivia Blake), which sets out a requirement to introduce a safe passage visa scheme. She has spoken eloquently about the stories behind the numbers and statistics—the people with real lives, hopes and dreams.

If the Government seriously wanted to protect the lives at risk from small boat crossings, they would back more generous family reunification rights and support safe, functioning routes. Instead, the Bill is the latest in a long line of measures that form their hostile environment and the toxic, racist and xenophobic narrative that is taking hold in many parts of the world, based on fear and the manipulation of that fear. It is immoral, deeply cruel and divisive. It breaks international law, it crushes human rights and it is shameful.

Tom Hunt Portrait Tom Hunt
- Hansard - - - Excerpts

I have waited for a very long time to speak on the Bill. On Second Reading, I think I waited for four hours but did not get called. I have waited for a good amount of time today, too, but it has only made me more determined to get my points across.

I did not sign any of the amendments before the Committee, but I have sympathy with many of them, particularly amendment 131 in the name of my hon. Friend the Member for Devizes (Danny Kruger), amendment 132 in the name of my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke), and amendments 133 and 134 in the name of my hon. Friend and very senior colleague the hon. Member for Stone (Sir William Cash). Although it might surprise some people, I have a little bit of sympathy with amendments 72 to 75 in the name of my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), but I do not think that now—before we have sorted out the scourge of illegal immigration and its impact in this country—is the right time to pursue such amendments.

In a general sense, it will not surprise people to know that I welcome the Bill. We have 45,000 people a year entering the country illegally. They are mostly young men, as has been statistically proven; many are from safe-origin countries; and every single one of them has gone through France and multiple other safe European countries but has refused to claim asylum. They have decided to shop between different safe European countries, and they have come here. Being an economic migrant and moving to the UK because there are job opportunities here is a very noble dream, of course, but my advice to them is to engage with our legal migration points-based system, and we will make a determination as to whether their dream and our needs meet.

We are the party that believes in controlling our borders. We are the party that believes in strong border controls. Labour Members get incredibly sensitive whenever anybody suggests that they believe in open borders, but I simply say to them, “Show me the evidence. Show me the evidence that you believe in controlled immigration. Show me the evidence that you don’t believe in open borders. When I look at your record, every single thing you vote on is against precisely those things, so I don’t think it is unreasonable for me and colleagues to come to the conclusion that you are opposed to all border controls. As I say, show me the evidence.”

I turn to amendment 131. When the Rwanda policy was first introduced, a lot of us supported it because we saw what had happened in Australia. Australia had had a massive problem with illegal immigration, but it went down the route of offshore processing, and today it no longer has that massive problem. It is quite simple. A few Opposition Members are saying, “Australia did not work”, but we looked into this in detail and met Australian officials, and it did work. We think that going ahead with the Rwanda policy, if it were given a chance to work, would provide a significant deterrent. It would save lives at sea, and would enable us to operate the compassionate, controlled asylum system that virtually all of us in this place want.

Illegal Migration Bill

Apsana Begum Excerpts
Apsana Begum Portrait Apsana Begum (Poplar and Limehouse) (Lab)
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Just when I think that I cannot be shocked any further by this Government’s inhumanity, they try to rush this abhorrent and unlawful Bill through Parliament. Human rights and legal organisations are calling this one of the most damaging Bills introduced by a British Government in living memory. That is because the Illegal Migration Bill amounts to a refugee ban. It breaches fundamental and internationally recognised human rights, and attacks our way of life and our communities all over the UK.

Let us be clear: persecuting refugees and anti-migrant scaremongering do not benefit the majority of people. The cynical and dangerous use of scapegoating to divide people by an unpopular Government who have overseen a horrifying death toll during the pandemic and continue to inflict hardship and suffering across the UK, damages our communities. We have already seen an alarming rise in violence and intimidation organised by the far right against refugees and refugee accommodation. But beyond the rhetoric, spin and fake news, the fundamental point is that most people in small boats are men, women and children escaping terror and bloodshed. Chillingly, it is a truth that the Government are obviously aware of, because the majority of people arriving in the UK via boats are granted asylum. They are creating a cruel mechanism to deny sanctuary to people who they know are legitimate refugees and in need.

Why are migrants being forced into risking their lives in the first place? It is simple: for many, there are no safe routes to the UK. In 2022, half the men, women and children who crossed the channel in small boats were from Afghanistan, Eritrea, Iran, Sudan or Syria. We know the reasons that people from such countries are displaced, yet only 22 refugees came to the UK on the Afghan citizens resettlement scheme. How can that be true? Just recently, the Government confirmed that they do not intend to introduce any special visa routes for people in Turkey and Syria who have been affected by the earthquakes.

As the daughter of migrants who faced violence and persecution from the far right in east London, I am all too conscious of the consequences of pandering to racists. Whether it is the Bangladeshi community standing up and leading the anti-fascist fightback on Brick Lane following the murder of Altab Ali in 1978, or the Jewish community who came together in the battle of Cable Street in 1936 to stand up to Oswald Mosley, in east London we will never let our communities be divided or targeted. The Government should be saving lives, not salvaging their failing political record. We need an approach that prioritises people’s lives and dignity. We need safe and legal routes to the UK. We need the Bill thrown out of Parliament.

Domestic Abuse and Public Life

Apsana Begum Excerpts
Tuesday 22nd November 2022

(1 year, 3 months ago)

Westminster Hall
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Apsana Begum Portrait Apsana Begum (Poplar and Limehouse) (Lab)
- Hansard - -

I beg to move,

That this House has considered domestic abuse and public life.

I am delighted to have secured this debate ahead of the International Day for the Elimination of Violence against Women this Friday. Domestic abuse can affect people from all social classes and in all forms of employment, including public life. That is why I am working with MPs from all parties to call for a duty of care to be placed on employers and political parties to ensure that survivors of domestic abuse are not exposed to further harassment. There must be recognition that post-separation control and harassment is a form of domestic abuse itself and can occur long after a relationship or marriage has ended, with different tactics of abuse being used.

I would like to draw attention to the work of the all-party parliamentary group on domestic violence and abuse, which I am honoured to chair, in examining several key issues and policy areas where change is needed to support survivors. I am particularly pleased to see the hon. Member for Burton (Kate Kniveton) here today. I pay tribute to her for her bravery and courage in speaking out about her experiences, and I thank her for the support and solidarity she has shown me.

Kate Kniveton Portrait Kate Kniveton (Burton) (Con)
- Hansard - - - Excerpts

I thank the hon. Lady for securing this debate, which means so much to us both. Does she agree that those of us in public life who have a platform and feel able to should help to eradicate the stigma and shame that many victims of domestic abuse feel by speaking out and raising awareness of the fact that domestic abuse can happen to anybody? By raising awareness, we can encourage those who do not have a platform to speak out and to speak without shame, so that perpetrators of this awful crime, which is so often committed behind closed doors, can no longer be so sure that their crime will go unnoticed.

Apsana Begum Portrait Apsana Begum
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I completely agree with the hon. Member; she is absolutely correct. It is so important to be able to give others the hope and courage to come forward. Those of us in public life, I am sure, feel a duty to encourage others to come forward, and feel quite lucky to be in a position to do so.

I want to make it clear that I do not view myself as a victim as such, nor am I seeking to play the “victim card”. In fact, I would argue that such accusations reflect not my weakness, but the weakness of those who make them. The truth is that it is extremely difficult for survivors to come forward. The stigma and the structural and systemic bias is always against us. The use of the courts and the law to threaten and silence us, never mind the trauma of the abuse itself, all too often seems insurmountable.

When I put myself forward to represent my local area, it was with hope for the future. Perhaps stupidly, I thought I could move on. Little did I know then that, a few years later, I would be in court facing a possible jail sentence and, just this June, I would have to present myself to A&E and subsequently be signed off sick. Just as I manage to survive one onslaught, another is coming up ahead—it goes on and on. The wall of institutional gaslighting is chilling.

I have a choice: to submit, to be crushed and then to be swept under the carpet as an unsightly problem, or to speak out. But I know this is not just about me. My experiences have shown that, despite steps forward, including the Domestic Abuse Act 2021, there is still insufficient understanding and awareness. I am very conscious of how survivors struggle against a system that fails them. Today is for them, and I am moved to see campaigners and local women watching this debate.

When I was studying at university, I lived at home, helping care for my father through an extended period of dementia up to his death. I got to know an older man, who had already been married twice, and ended up marrying him and moving in with him. As the relationship progressed, it became more and more volatile and abusive. By the end, I was sleeping in the living room with the sofa pushed up against the door so that he could not get in. I had to wait until he had an appointment in another city before I could plan my escape.

It is commonly assumed that a woman should just leave and her problems will be over, but that is far from the reality for so many. At its core, post-separation abuse is about power: attempting to control and punish in almost any way possible, whether through physical means such as violence, intimidation, threats or stalking, or via remote monitoring, emotional abuse and manipulation. I raised my ex-husband’s behaviour, including the abuse, stalking, harassment and intimidation, with the police on several occasions. Police records regarding him include his being issued with a warning for harassment.

Gradually, I began to rebuild my life, which involved becoming engaged in politics locally, but he continued to make things difficult, including by behaving threateningly and aggressively towards me in public. As soon as I started to indicate that I was going to put myself forward to become Labour’s parliamentary candidate in the general election, it all intensified even further, because of course I was just meant to stay in my lane and be little Apsana Begum. He told people that he was angry that I had not asked his permission to stand for selection.

Smears and rumours were spread about me, and there were threats that he would expose me for who I “really was” in front of the community. I was aware that he had pictures of me without my hijab on; if someone threatens to use something like that against someone now in this country, it is considered an act of intimate image abuse. He was privy to private information: my medical records, my previous mental ill health, and the fact that I had a secret abortion during the early stages of our relationship, which at the time was unknown to anyone, including my family.

This honour-based harassment was about maliciously destroying me in front of elder members of my community. He called campaign team members, making threats that he had been contacted by the media, who had offered to buy stories about me, and telling people that they should make me stand down or else. It all got even worse after I was elected to Parliament. How dare I not listen? How dare I not do what I was told? There were calls to local people who supported me when he was drunk, saying that evidence was being collected for the council to take me to court. He was a sitting councillor at that time.

As such, just two years after being elected as the UK’s first hijab-wearing MP, I had to endure an eight-day trial, which brutally forced me to talk about painful private experiences. While I was found innocent of all charges, I fear that the ordeal of that trial, which cost the council significantly more than the amount I was accused of defrauding it of in the first place, will haunt me for the rest of my life.

The practice of abusers misusing the court system to maintain power and control over their former or current partners, a method sometimes called vexatious or abusive litigation—in other words, stalking by way of the court—is recognised by experts as a form of domestic abuse. I want to explain why I believe this case to have been vexatious and why I want something like it never to happen again.

I first heard of the complaint that led to the case through threats, rumours and the press a month before even being informed officially that an investigation was under way. An article published in The Sun newspaper during the general election even showed a picture of the building where I lived, which was extremely frightening given the risk that this placed me under. I have since found out that the complaint that led to the investigation was made by my ex-husband’s brother-in-law, Syed Nahid Uddin, to coincide with the deadline for final nomination papers to be submitted.

During the trial, my barrister, Helen Law, brought out, through cross-examination of the fraud investigator from the council’s fraud team, a series of conflicts of interest, including that my ex-husband was a member of the council’s audit committee in the same year of the fraud investigation. That committee had governance and oversight over the work of the fraud team. The matter of domestic abuse was actually used against me by the prosecution. It was argued that the abuse was a motive for the alleged crimes. Raj Chada, the criminal defence partner at Hodge Jones & Allen who represented me, argues:

“Prosecutors and investigators need to better understand and consider how victims of coercive control and domestic abuse behave and how they are treated by the criminal justice system.”

At around the same time that I was going through the ordeal of the court case, a group of people who were close to my ex-husband took over the local Labour party, and despite my being vindicated the smears have continued and accountability has been thwarted. Motions in support of me were passed by the local party, but only after they were blocked from even being discussed for months on end. Meanwhile, people who supported me or spoke up for me continued to be targeted, including some who were contacted by my ex-husband himself. I believe that to be an example of what is often called indirect abuse, whereby threats are made against third parties or they are intimidated or manipulated into engaging in behaviours desired by the perpetrator. Those behaviours involve the use of proxies to humiliate and discipline, and ultimately to maintain power and control.

Most recently, while I was unwell, a trigger process —a process that my party uses to decide whether a sitting MP will remain the candidate at future elections— was conducted. Again, I am aware of my ex-husband’s involvement: there are even witnesses who saw him among the reportedly 50 men who stood outside one meeting in a way that many felt was intimidating. In my mind, it is no coincidence that the process was overseen by his associates. To explain and provide further evidence of that conflict of interest, I will give some examples. The procedure secretary who oversees the whole trigger process is close to my ex-husband, and has publicly credited him as one of the reasons why they were elected to their role. One of the local executive observers for two out of the four in-person meetings, who was secretary for another meeting, is a close friend of my ex-husband and has been pictured with him only recently on social media. Another has been the subject of a complaint after he sent an email to all branch members containing a copy of a letter repeating allegations of which I had been cleared and revealing my home address, putting me at risk.

Another close associate of my ex-husband was the secretary overseeing one of the meetings. He had previously been warned by the police to stop harassing me after I reported him for continuing to contact me; I had to ask him to stop unwanted contact after he posted a letter to me through my family member’s letterbox. The chair of one of the meetings was a long-time associate of my ex-husband, who had even approached me in 2018 and asked me to meet him, advocating on my ex-husband’s behalf that I should go back into a relationship with him. I also understand that comments were made in meetings about the fact that I speak too much about domestic abuse, and that the process was about teaching me a lesson. Even the delegated national executive observer has connections to my ex-husband.

Of course, it is up to individuals who they wish to associate with. My point is that such people cannot also oversee a process about my future, because not only can domestic abuse be indirect, but it can involve the use of public status and societal power. That is before one even considers that the trigger process was conducted while I was unwell, and that a litany of complaints have been submitted containing allegations of harassment and misogyny, particularly from local women. I am still in a situation where I have to risk-assess local events, and am unable to participate if the risk is too high or cannot be mitigated. I believe that there must be a duty to ensure inclusive, democratic and safe environments and it deeply saddens me that I continue to be placed in a position where, for safeguarding reasons, I am being prevented from participating fully in public life.

As I have said, my experiences are far from unique. I have been contacted by women and survivors from all over the country and I feel a tremendous duty towards them. Domestic abuse has been hidden for far too long, despite it having serious health consequences for individuals and our society, but after everything I have been through and whatever the future holds, I am determined to raise awareness and campaign for a society where individuals experiencing domestic abuse feel confident that they will be believed, listened to, and given the support they need. Ultimately, I want the UK to be a country where survivors are not thwarted by ongoing harassment and abuse.

Philip Hollobone Portrait Mr Philip Hollobone (in the Chair)
- Hansard - - - Excerpts

The debate can last until 4.30 pm.

Western Jet Foil and Manston Asylum Processing Centres

Apsana Begum Excerpts
Monday 31st October 2022

(1 year, 4 months ago)

Commons Chamber
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Suella Braverman Portrait Suella Braverman
- Hansard - - - Excerpts

One of the other plans that we have been working on is to change the law, because unfortunately our laws have too low a threshold—that is why our modern slavery laws are being abused by illegitimate claimants. We also need to take action to accelerate the process and prevent the exploitation of our laws. People are coming here and claiming asylum unfairly and unjustifiably. They are claiming under modern slavery laws and abusing our human rights laws and other protections. Frankly, they are taking advantage of the generosity of the British people.

Apsana Begum Portrait Apsana Begum (Poplar and Limehouse) (Lab)
- Hansard - -

Manston is supposed to be a short-term holding facility. People are not supposed to be there for more than 48 hours. That means people are being detained illegally in these conditions. Will the Home Secretary tell us how many people have been detained for more than 48 hours as well as how many claims for unlawful detention she is expecting, and at what cost?

Suella Braverman Portrait Suella Braverman
- Hansard - - - Excerpts

We are aware that people have been detained, and we have very high numbers at Manston. That is why we are taking really exhaustive steps to ensure that we can procure alternative sites. We are looking at the dispersal mechanism and at sites in other local authorities around the country. We are looking at hotels—unfortunately, we have no other choice at the moment—and we are looking at other immigration detention or removal centres. So we are looking at a wide range of alternative places at which we can safely accommodate migrants.

Support for Black Victims of Domestic Abuse

Apsana Begum Excerpts
Monday 28th March 2022

(1 year, 11 months ago)

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

Florence Eshalomi Portrait Florence Eshalomi (Vauxhall) (Lab/Co-op)
- Hansard - - - Excerpts

I also start by paying tribute to the fantastic work of Sistah Space. The fact that it is the only domestic abuse charity working with black and minority ethnic women shows the scale of the problem we are dealing with. I especially thank you, Ngozi, for the work you continue to do in leading this—I salute you.

Over 800 residents in my constituency signed this petition, which shows how important it is. I am proud to represent a vibrant constituency that is home to Brixton, Stockwell, Clapham, Kennington and Oval; a proud, diverse constituency where, if I am honest, a number of black women have raised this issue with me. They are worried. They are scared. They are fed up with seeing their black sisters dying. They are tired—we are all tired—but that does not mean we should not continue to campaign for this change. Today’s debate and the associated work by Sistah Space highlights the fact that Valerie and her daughter were let down. If those threats had been taken seriously by the police, we would not be having this debate today—it is that simple. This debate cannot end without us asking the Minister what the Government will do to address the issue. Tragically, Valerie is far from alone in being a victim of domestic abuse, having found failures in the police, seemingly as a result of being black.

Research from Refuge found that between March 2020 and June 2021—in the midst of the pandemic that trapped domestic abuse victims in their home—black women were 14% less likely to be referred to Refuge for support by the police than white survivors of domestic abuse. That is despite the fact that Refuge found that black survivors were three times more likely to report that abuse in the first instance to the police.

Think about how difficult it is for these women to come forward in the first place. They may be in fear that their abuser will found out they have contacted the police. They have to summon courage, knowing that, by coming forward to the police, their life is at risk, and yet they are not taken seriously. These stark figures show that the police, often a frontline for domestic abuse cases, are letting down the black women who need their support at that critical time.

Every day a domestic abuse victim is left without support is another day they are subjected to torturous abuse, and it is another missed opportunity to get these women off the path that we sadly all know may escalate into deeper harm, physical violence and sometimes death. That is the reality facing so many women as we speak in this debate right now. So many women are scared to come forward and approach the police, because they do not know whether anyone will actually listen. We need to listen to these women.

Apsana Begum Portrait Apsana Begum (Poplar and Limehouse) (Lab)
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My hon. Friend is making an excellent speech. Along with the incredible work being done by Sistah Space, Southall Black Sisters is running a pilot scheme with the Home Office to help women with no recourse to public funds. These survivors will include many black women who have suffered domestic abuse but may be fearful of reporting it due to assumptions, stigma and biases that could lead to their deportation or detainment. Does my hon. Friend agree that it is important that we get clarity on what is happening with the Home Office funding for that pilot? Multiple reports suggest that it will end this month, which would force many women to stay in abusive relationships. That shows this Government’s disregard when it comes to domestic violence and abuse, which they must take seriously.

Florence Eshalomi Portrait Florence Eshalomi
- Hansard - - - Excerpts

I thank my hon. Friend for her powerful intervention. I commend her for speaking so publicly about what she experienced. By coming forward, she helped countless women she will never meet. It is so important that the Government look at how they respond to this. Migrant women, women with no recourse to public funds, BME women and LGBT women face different kinds of intersectionality in trying to get the right support. The Government need to understand that these women are being failed. I know that this is an area the Minister cares passionately about, and I hope that she will respond to these issues in her remarks.

The fact is that the current situation is unacceptable. We are calling for support for women and girls, and we need the Government to take leadership and ensure that there is no racial disparity in how victims of domestic abuse are treated. I mentioned that the Minister has taken some leadership on this, but I want her to go further. The draft statutory guidance under the Domestic Abuse Act 2021 has been referred to. That is welcome, and it mentions some of the problems faced by victims of domestic abuse, but it remains to be seen whether this change will go far enough in ensuring that we see a sea change in how black victims of domestic abuse are treated by professionals and agencies.

The Minister will be aware that the campaign for Valerie’s law is advocating for clear cultural competency and training for police officers and service providers to ensure that black women facing abuse are given accurate assessments that correspond to the danger they are facing. They face danger almost on a daily basis. It is so important that the cultural environment and the barriers that black women face are understood and not overlooked and disregarded. I hope that the Minister will listen to everyone’s contributions today and introduce meaningful ways to ensure that no other woman—no other black woman—will lose their life at the hands of violence.

David Davis Portrait Mr Davis
- Hansard - - - Excerpts

I hear lots of cheering. That was the argument with respect to the Australian system, but the real deterrent effect of the Australian system was the pushback. The fact is that nobody got to Australia. That was the main effect.

In the past, we have had an argument within our own party about the hostile environment. Remember the hostile environment policy that we lived with for a long time? It did not work. We tried it and it brought our reputation down, so thank you for that. My hon. Friend is right to talk about the pull effect and the deterrent effect. They are all important, but we have to do this in such a way that we can stand by and be proud of it at the end of the policy. That is why I am saying to the House now: this is what it will look like, come the day, and it is not something that I will be proud of. For that reason, I urge the House to support my amendments.

Apsana Begum Portrait Apsana Begum (Poplar and Limehouse) (Lab)
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I am in favour of a number of amendments, but for the purposes of time I will largely keep my comments to new clauses 12 and 13 in my own name and new clause 14 tabled by my hon. Friend the Member for Streatham (Bell Ribeiro-Addy). New clause 12 would provide recourse to public funds to everyone holding a valid UK residence permit. New clause 13 would repeal the sections in the 2014 and 2016 Immigration Acts that restrict undocumented migrants’ access to work and services. New clause 14 seeks to abolish the immigration health surcharge. I am pleased these new clauses have received lots of support from Members across the House.

It will perhaps be obvious to colleagues that these new clauses are about addressing the unjust suffering caused by the Government’s hostile environment, a term used to describe all the policies that make life difficult for migrants living in the UK by explicitly and deliberately treating them as less deserving of dignity and humanity than British citizens.

My new clause 13, in particular, seeks to overturn the denial of basic human rights. Members will know from their constituency casework that the consequences are brutal and wide-reaching. The hostile environment deters people from reporting crime to the police or from calling out unsafe conditions and exploitative practices at work. It undermines trade union rights and pushes people into poor-quality and dangerous accommodation and homelessness. As new clause 14 highlights, the hostile environment even denies access to healthcare by scaring people from going to the doctor for fear of being charged or being reported, detained and deported.

No recourse to public funds, which new clause 12 addresses, abandons some migrants to having no safety net. It leaves children hungry, it pushes families into poverty and unsafe, overcrowded housing, and it means women, in particular, who flee abusive partners are not entitled to access mainstream refuges. It is breathtakingly cruel and unjust.

The disproportionate suffering that has been inflicted on migrants during the pandemic is well known, if apparently forgotten by this Government. Not only does the hostile environment produce a culture of fear that often risks the NHS being unable to do its job, but it puts all our communities in danger. Although such policies try to incentivise us to be suspicious of one another, they are not in the interest of the majority of people. It should be no surprise that the Bill is another horrifying extension of such an approach. It undermines human decency and must be opposed in every way.

The fact this is all in the context of the ongoing tragedy of people drowning in the English channel is chilling. That such people now potentially face jail sentences if they survive such precarious journeys, as well as an even more hostile environment, is catastrophically wrong.

I emphasise the humanity that runs through the amendments I am supporting today. We have to stop the political immigration game of misinformation and cynicism that has such horrendous human cost. There is no doubt that one of the reasons we are seeing scenes of desperate people trying to cross the channel is the lazy but deadly anti-migrant political agenda that closes off safe routes to the UK.

One of the biggest myths perpetuated by politicians is that they are too afraid to talk about migration when, in fact, the opposite is true. The more politicians talk about being tough on migration, the more they just talk about being tough on migration. For decades the rate of lawmaking in this area has exceeded the rate of lawmaking in every other social policy area.

When people repeat half-truths and inaccuracies and attempt to utilise society’s fears, prejudices and anxieties for opportunistic so-called political gain, a climate of acceptance is created for such ideas at all levels of society. The mainstream media must also reflect on the role of their focus on numbers and their use of words such as “flood,” “influx” and “waves.” I am sorry that the hon. Member for Stone (Sir William Cash) used the word “tsunami,” which is a disgrace.

Yet it is simply untrue that Britain takes in more refugees than everywhere else, and research shows that two thirds of asylum seekers crossing the channel in boats, for example, are finally granted asylum by the Government’s own measurements. Yes, we need solutions to the soaring inequality, the suffering and the frightening covid death toll over which this Government have presided, but we do not need suspicion and scapegoats. Wherever we are from, we all need a roof over our head, food to eat, healthcare and basic human kindness and solidarity. Surely the true measure of a civilised society is not in its hostility but in its humanity.

I commended these new clauses to the House.

Caroline Nokes Portrait Caroline Nokes (Romsey and Southampton North) (Con)
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I draw the House’s attention to my entry in the Register of Members’ Financial Interests in respect of the support I get from the Refugee, Asylum and Migration Policy project. It includes a cross-party group of MPs who, to follow on from the comments made by the hon. Member for Poplar and Limehouse (Apsana Begum), absolutely seek to take the toxicity out of this debate, to find consensus, to be careful in the language we use, and to find agreement and, indeed, pragmatic solutions. When it comes to crossing the channel in small boats, we certainly need pragmatic solutions.