Draft Judicial Pensions (Fee-paid Judges) (Amendment) Regulations 2021
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The Parliamentary Under-Secretary of State for Justice (Chris Philp)
I beg to move,
That the Committee has considered the draft Judicial Pensions (Fee-paid Judges) (Amendment) Regulations 2021.
It is, as always, a great pleasure to serve under your chairmanship, Mr Pritchard.
This is very straightforward and fairly technical statutory instrument to amend the Judicial Pensions (Fee-Paid Judges) Regulations 2017, which established the fee-paid judicial pension scheme. The draft instrument has three purposes: mainly, it adds a few fee-paid judicial officers to the regulations—fee-paid judges who had previously been omitted from the screen and are now being added—it makes some consequential amendments and it makes some other relatively technical amendments to the regulations.
The main purpose is to add some further eligible judicial officers to the regulations. Part 2 adds, for example, the office of the “Legal Chair Competition Appeal Tribunal” to the schedule to the regulations. In essence, some office holders who were omitted previously are now added, so that is good news for the relatively small number of judges concerned. Previously, when the judges in question retired, they were made an interim payment in lieu of their pension. Now they are being added to the scheme formally, they can be paid their pension properly via the scheme.
As I mentioned, there are also consequential amendments to tidy up some other loose ends. For example, the statutory instrument will ensure that eligible service before 1 April, when the SI comes into force, will count towards pensionable service. It would be unfair to exclude such service otherwise. It will also make sure that the new members may complete certain actions in the scheme, such as purchasing additional benefits from their date of admission to the scheme.
There are also technical amendments to the scheme which, for example, tidy up some of the service limitation dates, to ensure that the full range of service may be included in the scope of the scheme. Therefore, all people’s relevant service will be considered when setting their pension eligibility. Those are important changes.
Finally, consultation was conducted fairly extensively in 2016. Further consultation happened in 2018 and there was even more consultation last year between June and October. These technical changes have been consulted on extensively, to ensure that every member of the judiciary who should be getting a judicial pension gets it. I commend the draft regulations to the House.
Chris Philp
I thank the shadow Minister for his constructive and helpful comments, and I am happy to write to him with the information that he requests.
Question put and agreed to.
Draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021
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The Chair
Before we begin, I have to remind Members about social distancing. Spaces are clearly available, and you are all sitting beautifully where you should be. Mr Speaker has also requested that Members wear masks in Committee—I note that some are not doing so—and Hansard colleagues would be very grateful if any speaking notes could be sent to hansardnotes@parliament.uk. I call the Minister to move the motion.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I beg to move,
That the Committee has considered the draft Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021.
It is a great pleasure to serve under your chairmanship for the first time, Ms Nokes. I hope it is not the last time.
The order was laid before Parliament in January and is required to align the juxtaposed controls regime at the seaports of northern France with the regime currently in operation at Coquelles for the channel tunnel shuttle service, and at the Eurostar rail terminals in France, Belgium and the Netherlands. The order simply extends provisions that are already in force at the Eurostar terminals to the Channel seaports. The order replicates the existing legislative approach and enables all the UK immigration legislation to be applied in the UK control zones at the ports of Calais and Dunkirk.
The security and integrity of our borders are very important and depend on our ability to enforce immigration controls. As Members will know, the UK has several international agreements with France, allowing UK Border Force to operate at the borders. They are reciprocal arrangements, with French officers also completing entry checks at certain ports in the UK. Currently, Border Force conducts juxtaposed immigration controls at the ports of Calais and Dunkirk, with the French Police aux Frontières, or PAF, undertaking reciprocal Schengen entry checks at the UK port of Dover. The juxtaposed controls in Calais and Dunkirk are provided for by the 2003 international treaty of Le Touquet, and they were put into effect in the UK by the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003, which I shall refer to as the 2003 order. That was made under section 141 of the Nationality, Immigration and Asylum Act 2002.
The 2003 order granted officers of the Immigration Service, as it was then known, with particular immigration powers enabling them to carry out immigration controls within certain geographical locations, known as control zones. At the time, only the powers specified in the order were necessary for the efficient conduct of immigration controls. However, the way Border Force operates has changed in the intervening years, which is why we now want to extend the powers currently used at the Eurostar terminals, to include the seaports.
The order essentially expands the powers of immigration officers to include the use of reasonable force as set out in section 146 of the Immigration and Asylum Act 1999, making the powers exercisable in the seaports exactly the same as the powers that are already exercisable at the Eurostar juxtaposed controls. In doing that, the order empowers appropriately trained Border Force officers at the seaports to use reasonable force under English law when carrying out any power conferred on them by the immigration Act. It enables properly trained Border Force staff to intervene in order to prevent harm where an individual’s behaviour endangers themselves, the public or Border Force staff, and it enables such officers to enforce compliance with immigration processes, including fingerprinting. Border Force officers will of course take all reasonable steps, as they do already where they have such powers, to avoid using force and to encourage the individual to comply with immigration processes. Reasonable force would only ever be a last resort where an individual has repeatedly refused to co-operate.
This measure builds on the steps the Government have already taken to reform the immigration system, strengthen border controls and reduce illegal migration. It will strengthen Border Force’s ability to manage those who seek to frustrate our immigration processes or circumvent UK immigration controls, and it will ensure that Border Force officers are properly empowered to intervene to prevent harm.
On that note, I commend the order to the Committee.
Chris Philp
I am not sure that I have anything greatly to add, other than to say that, in relation to the issue of the impact assessment, we are, of course, simply replicating existing powers, which is why an impact assessment was not undertaken.
I concur with the shadow Minister about the importance of strong international relations. We work very closely with the French; I am meeting the Interior Minister chef de cabinet next Monday to discuss matters such as those covered by the order. I fully concur with the shadow Minister’s emphasis on the importance of good international relations.
Question put and agreed to.
Oral Answers to Questions
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Ian Byrne (Liverpool, West Derby) (Lab)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
The Government remain committed to supporting everyone through this pandemic. Many of the wide-ranging covid-19 measures the Government have put in place are available to migrants with NRPF, including the coronavirus job retention scheme, statutory sick pay and discretionary hardship payments for those who have to self-isolate. In addition, migrants with leave under family and human rights routes can also apply to have the NRPF condition lifted, something that is successful now in 85% of cases, in just 17 days.
Ian Byrne [V]
After hearing evidence at the Housing, Communities and Local Government Committee on homelessness, I know that the unwillingness of the Home Office to suspend no recourse to public funds and a lack of clarity over support have had devastating consequences during this pandemic for many. Despite being over a month into this lockdown, policy is still opaque around section 4 eligibility for individuals with no recourse to public funds. Will the Minister provide an update on this as a matter of urgency?
Chris Philp
There is absolute clarity about the benefits. I have mentioned things like the coronavirus job retention scheme already, and I have mentioned how people on family and human rights routes can get the NRPF condition lifted, but I did not mention the over £8 billion available via local authorities for NRPF-eligible migrants to apply for. In addition, the hon. Member asked about section 4: people on section 4 support do get accommodation provided by the Home Office. We currently now have, I think, about 61,000 people in accommodation. That is up from about 48,000 before the pandemic, precisely because we are looking after the people most in need.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
The United Kingdom is a world leader in resettlement. My hon. Friend will know that, in the last five years, we have resettled nearly 30,000 people—more than any other country in Europe. My hon. Friend will be pleased to know that we will be completing the 20,000 people under the VPRS in the coming weeks, and after that we will be continuing to offer further resettlement places beyond that, as far as we are able to, given the current coronavirus circumstances. Beyond that, we will be making announcements—my right hon. Friend the Home Secretary will be making announcements—in the relatively near future about how we plan to continue resettlement beyond that.
David Simmonds [V]
My hon. Friend has rightly championed the record of this country and this Government in providing support to the most vulnerable people here and abroad, and it is clearly vital that safe and legal routes to refuge in the UK are available to disrupt smuggling and people trafficking. Is my hon. Friend confident that using the very successful current scheme as a template, the new UK resettlement scheme will have the necessary level of support and funding to resettle refugees effectively and in line with our aspirations?
Chris Philp
I can absolutely give that assurance. Of course, our resettlement work will have the financial support it requires. We intend to build upon, but also learn the lessons from, the previous resettlement scheme. There are going to be significant ways in which we can improve it. Not only was our resettlement scheme over the last five years the largest resettlement scheme of any country in Europe, but there is more we are doing. Our refugee family reunion provisions see 6,000 people a year or more come into this country, and just a short while ago our BNO—British national overseas—route opened up, allowing people being persecuted by the Chinese Communist party to seek refuge here as well.
Kate Hollern (Blackburn) (Lab)
Damian Collins (Folkestone and Hythe) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
The asylum system is in need of fundamental reform, and the Home Secretary and I will be introducing legislation in the relatively near future to do exactly that. Too many people come into the UK having first passed through a safe country—for example, France—without having claimed asylum there. We are determined that we are going to have an asylum system that will protect those people in genuine need of protection while preventing the abuse that we sadly too often see.
Mark Logan [V]
I completely agree with the Minister: our asylum system needs to change ASAP. My constituents are vocal about how long it is taking to process their applications, often leaving them in limbo for months on end. For example, Shahid suffers from severe depression and has been waiting 16 months while he cares for his disabled wife. He cannot get carer’s allowance while his application is pending. Likewise, Aswad was told that their application would take a maximum of six months to process, but it has now been 13 months. May I ask the Minister to meet me to discuss how we can bring some closure to my constituents?
Chris Philp
I would certainly be happy to meet my hon. Friend to discuss the particular case that he raises, and I will follow up to arrange that. I agree that we need to do more to speed up the system. Coronavirus has had a significant impact on asylum decision making, as it has on so many other areas of our public life. In the short term, we are hiring considerably more decision makers, we are introducing better IT and we are spending £20 million next year on system transformation, but beyond that, we need to legislate to make the system work more fairly and more efficiently, for the reasons that my hon. Friend has laid out.
Damian Collins [V]
Can my hon. Friend confirm that Napier barracks in Folkestone is only a temporary facility to accommodate people in the asylum system, that it is unsuitable for individuals to be placed there for prolonged periods, and that, post-covid and with a reformed asylum system that is swifter in processing applications, we should avoid using facilities such as this in the future?
Chris Philp
I can confirm that Napier was set up in response to the enormous pressures placed on our asylum system by the coronavirus pandemic. We have set it up in such a way as to be safe, and it is of course accommodation that was previously used by the brave men and women of our armed services. We ensure that it is clean and secure and that there is health provision on site. It is not intended for use in perpetuity. I know that my hon. Friend spoke to the Home Secretary over the weekend, and we would be very willing to maintain a close and active dialogue with him and the local council to ensure that it is managed as well as it possibly can be.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]
The repurposing of disused Army barracks to house asylum seekers is proving a disaster and a disgrace. What is worse, the leaked impact assessment shows that this dreadful policy was justified by wild notions that proper support and accommodation could undermine public confidence in the asylum system. In short, the Home Office was pandering to gutter politics. Will the Home Office apologise for suggesting that people in the UK oppose decent support and care for asylum seekers, and close these barracks urgently?
Chris Philp
No apology is due. As I just said, the barrack accommodation units in question were previously used by the brave men and women of our armed services. They were good enough for the armed services and they are certainly more than good enough for people who have arrived in this country seeking asylum. We fully comply with all the relevant guidelines.
On the hon. Gentleman’s question about this country’s stance on asylum seekers, we now spend getting on for £1 billion a year on accommodating them. That record bears comparison with any country in Europe and, indeed, around the world. No apology is due and certainly none will be made.
Stuart C. McDonald
The sad fact is that the policy undermines the UK’s reputation as a welcoming place. Almost as bad as the impact assessment are the Home Office claims that people who criticise the use of barracks are insulting our armed forces: it is the Home Office that insults our soldiers by using them as cover for such disgraceful policies.
The former senior military legal adviser Lieutenant Colonel Mercer has agreed that it is “wholly inappropriate” to house asylum seekers in disused Army barracks, saying that
“this treatment is nothing more than naked hostility to very vulnerable people.”
If the Minister will not listen to me, will he listen to Lieutenant Colonel Mercer and a host of respected medical organisations and close the barracks quickly?
Chris Philp
The closure of the barracks would be made a lot easier if more councils in Scotland—other than only Glasgow—would accept dispersed accommodation. That is the sort of thing that puts pressure on our accommodation estate. Thanks to the generosity of our approach, the number of people we are accommodating has gone up from 48,000 to 61,000 during the pandemic, because we have taken a thoughtful and protective approach. That is the right thing to do and we stand by it.
Holly Lynch (Halifax) (Lab) [V]
On Napier barracks, the equality impact assessment makes it clear that the use of disused barracks as asylum accommodation is absolutely a political choice. The Government have consistently refused to confirm the numbers of those who contracted the coronavirus while staying at Napier barracks, but I understand that, out of around 400 people, 105 who did not have the virus were moved out, leaving us to draw our own conclusions about just how massive an outbreak took place there. Does the Minister not agree with me and others that the use of barracks as asylum accommodation has been both a moral and public health disaster and that people must be moved into dispersed accommodation as a matter of urgency?
Chris Philp
I do not agree with that. As I have said already, we have closely consulted Public Health England throughout this episode. The use of accommodation of this kind is appropriate and suitable. We need to have regard to a range of factors, including value for money. We have had to use a large number of hotels to accommodate people during the coronavirus pandemic and they do not represent particularly good value for money. Barrack-type accommodation is not only suitable but a great deal cheaper than hotels. We all owe the general taxpayer a duty to ensure value for money and the Government make no apology for that.
Martin Docherty-Hughes (West Dunbartonshire) (SNP)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
The Government are taking a huge range of measures to prevent these dangerous and illegal crossings. Most notably, the Home Secretary reached an agreement with her French counterpart in late November to increase the number of gendarmes deployed on the French beaches and to take a variety of other steps aimed at preventing embarkations from the French shores. To anyone considering this trip, I say that it is dangerous, they are putting their lives at risk, it is illegal, but, most of all, it is unnecessary because France is a safe country where it is perfectly possible to claim asylum.
Caroline Ansell [V]
Last month, the Eastbourne Royal National Lifeboat Institution rescued more than 30 migrants who had got into difficulty in the channel. I commend its sterling work. Its mission is simply to save lives at sea. I have every concern for those it rescued, but, as my hon. Friend has just outlined, there are serious concerns that this is pump-priming human traffickers, and the fact remains that people are putting themselves at risk. Can he outline to the House the work that is being undertaken with the French and with our European neighbours to intercept and close down human traffickers long before they reach the channel coast?
Chris Philp
My hon. Friend makes an excellent point. Let me start by paying tribute to the RNLI for the work that it does at sea keeping people safe in what are often very treacherous and difficult circumstances. She is right to outline the work that we need to do to disrupt and prevent these dangerous criminal gangs before they even launch the boats in the first place. The National Crime Agency and many other law enforcement agencies across Europe and beyond are working together to disrupt these criminal gangs. We regularly prosecute people for facilitating these small boat crossings. Last year, we successfully prosecuted 50 or 60 people. There have been several more prosecutions just in the last week, in addition to the law enforcement work we are now doing with the French, doubling the gendarme patrols, for example, which, just in the last few days, has resulted in literally hundreds of people being intercepted before they even set off. So these measures are now working, but we are certainly not going to give up: we will continue working with our French colleagues until these dangerous, illegal and unnecessary crossings are completely stopped.
Mrs Elphicke [V]
Will my hon. Friend join me in thanking Kent police and the police and crime commissioner, Matthew Scott, for their important work on this issue of migration and border policing? Can he assure me that, across my whole constituency, in Dover and Deal and at nearby Napier barracks, Kent police are having extra funding for carrying out this vital work?
Chris Philp
I pay tribute to my hon. Friend for the work that she has done in consistently standing up for her constituents on this issue, and to Matthew Scott, who does such a fantastic job as Kent’s police and crime commissioner. No doubt he will be triumphantly re-elected shortly. On the question of resources, Kent has had an extra 162 police officers recruited so far and I believe that there are many more to come. Assuming the precept is used, it will have an extra £19.5 million in the next financial year as well. In addition to that, if there are particular issues caused by small boats or, indeed, by the barracks at Napier, it is able to apply to the Home Office for exceptional funding and, if it feels that that is merited, I would certainly encourage it to do that.
Sarah Atherton (Wrexham) (Con)
Deportation of Foreign National Offenders
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The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
I join my hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke) in extending our sincere condolences to the family of Captain Tom Moore, who has been a beacon of hope in these dark times. His passing is very sadly mourned, and we will never forget what he stood for during this difficult period in our national history.
I congratulate my hon. Friend on securing this debate and raising this issue. As he said, he wanted expressly to reference a particular constituency case that he has in mind, but he was prevented from doing so by the sub judice rules of the House. However, he has discussed that case in detail with me in private, and I am well seized of the implications of the case and the powerful points that my hon. Friend makes about it.
My hon. Friend has raised the serious issue of the removal of foreign national offenders back to their country of origin—a topic that the Government take extremely seriously. One of a Government’s first duties is to protect their citizens, and ensuring that people who are not UK nationals and who commit a serious offence are deported is a vital part of keeping our country safe.
Matt Western (Warwick and Leamington) (Lab)
I congratulate the hon. Member for Middlesbrough South and East Cleveland (Mr Clarke) on securing this debate. Unfortunately I was not able to intervene earlier, but I am interested in the root-and-branch reform that was referred to. When talking about the deportation of foreign nationals, would that include a two-year-old or a four-year-old who has grown up in this country but may have been born elsewhere? Would they be considered a foreign national?
Chris Philp
The hon. Gentleman will be familiar with the provisions in the UK Borders Act 2007, and section 32 sets out that a foreign national, regardless of when they came to the country, is liable for deportation if they commit a criminal offence and are sentenced to more than 12 months in prison. That is the law as written—a law passed by the last Labour Government, and which this Government are now implementing. There are, of course, some exceptions to the duty under the 2007 Act—an Act passed by the last Labour Government—which include when deportation would breach the foreign national’s rights under the European convention, or where they have been granted asylum. The right to a family life under article 8 is qualified and balanced, so where someone has been sentenced to at least four years’ imprisonment, the article 8 claim will only succeed where there are very compelling circumstances. The short answer to the hon. Gentleman’s question is yes, deportation will apply regardless of how long the person has been here under the Act that the Labour Government passed 13 years ago.
Matt Western
I think many would echo the points made by the hon. Member for Middlesbrough South and East Cleveland about the need for a root-and-branch reform. Does the Minister agree that that element of the 2007 Act should be reconsidered?
Chris Philp
I do not want to pre-empt any reviews that may take place, but this Government are committed to ensuring that dangerous foreign national offenders who put our constituents’ lives and safety at risk are deported as required by the 2007 Act. I am aware of a case—I will not go into the details, for obvious reasons—involving a person who was subject to deportation proceedings about a year ago but was removed under a last-minute legal challenge from those proceedings. A few months later, that person was arrested and charged with murder—a murder that would not have happened had deportation gone ahead.
We should not underestimate the importance to public safety of ensuring that dangerous foreign national offenders are deported, nor should we underestimate the impact on victims. I have heard about the victim in the case that my hon. Friend the Member for Middlesbrough South and East Cleveland wanted to raise this evening, and the impact on them is absolutely horrendous. I come across cases on an almost weekly basis of distressed victims who have suffered appalling crimes, including rape, whose perpetrators are fighting deportation. That causes the victims to be retraumatised because they feel, rightly, that the perpetrators, where they are not UK nationals, should be removed.
This Government stand with the victims in this debate. This Government stand with the citizens who rightly want to be protected, and we make no apology for doing so. That is why, since 2009, we have returned more than 6,400 foreign criminals. I should say that, of those, approximately two thirds—4,400—were European economic area nationals, and about one third—2,000—were from outside Europe. That rebuts any claim that this policy is applied in a way that is in any way racist, since two thirds of those being deported are of European nationality. Even this year, when things have been very difficult with the pandemic, we have continued deporting dangerous foreign national offenders on scheduled flights and on more than 30 charter flights. The work continues, and I expect that as coronavirus passes, it will be stepped up once again.
My hon. Friend the Member for Middlesbrough South and East Cleveland posed a series of questions towards the end of his excellent speech, for which I strongly commend him. He asked what the Government would do to try to avoid challenges where dangerous foreign national offenders seek to invoke human rights and other things to avoid deportation. We do plan to take action in this area and to legislate to make the legal process clearer. One problem we face is that foreign national offenders can raise repeated challenges, often strung out over many years. Many of these challenges are vexatious or totally without merit, yet they can make these challenges again and again to frustrate their deportation. So the legal system is not working as cleanly and effectively as it should, and we do plan to legislate in the very near future to fix that issue.
My hon. Friend asked whether we would tighten various definitions in statute and, where we can do that, we certainly intend to. This differs a little depending on the matter concerned. Some things are relatively straightforward to clarify in domestic legislation. Others areas are more complicated. For example, he mentioned article 3 rights in particular. He is right to point out that those rights have been expanded by case law over time. But as matters currently stand, domestic courts in the UK are bound to follow European Court of Human Rights case law on things such as article 3.
The whole area of the interaction of the human rights decisions made in Strasbourg with domestic law is, of course, governed by the Human Rights Act 1998. Just in the last few weeks, the Ministry of Justice, under the supervision of my right hon. and learned Friend the Lord Chancellor, has announced an independent review of that Act, which will look at the interaction of the domestic courts and the European Court of Human Rights, the impact of the Act on the relationship between the judiciary, the Executive and the legislature, and other related matters.
I believe that a combination of domestic legislation on the process, the systems and some definitions will make it harder for foreign national offenders to unreasonably prevent their deportation, and that review of the operation of the Human Rights Act may provide some additional pointers. I should say that the members of that panel are extremely distinguished. They include a former very senior judge, a former president of the Law Society, two QCs and two professors. It is a very distinguished panel and I am sure Members of the House will be very interested to hear what they say when they report in a few months’ time, over the summer.
In conclusion, let me make it clear to my hon. Friend once again, and of course to the hon. Member for Strangford (Jim Shannon), that this Government’s commitment to deport dangerous foreign national offenders, as required by the 2007 Act, which was passed by the last Labour Government, is unwavering. We are determined to protect our fellow citizens from harm and that includes doing everything we lawfully can to remove foreign national offenders.
Question put and agreed to.
Extradition Act 2003
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The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
As my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) said, I am here deputising for the Minister for Security, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who is awaiting treatment. I am sure the whole House will want to send him their warmest wishes for a speedy recovery to his duties at the Home Office, his duties in the House and his duties at this Dispatch Box, where he would unquestionably do a far better job than me. I wish him a rapid recovery and a rapid return.
I congratulate my right hon. Friend on securing this debate on extradition. It is a topic he has consistently raised in this House over a period of time. It has been part of his long-standing record as a champion of civil liberties in a whole range of areas. It is a great privilege to be here this evening responding to his speech.
I would start by saying that extradition arrangements are a vital part of the Government’s toolkit in combating crime. It clearly serves the interests of justice to be able to bring back to the United Kingdom people who have committed offences here, where we want to prosecute them, and similarly, where people in the UK have committed offences elsewhere, it is reasonable for them to face justice in the countries that legitimately want them. So I think the principles of reciprocal extradition treaties are an important part of our justice system.
In recent years, in relation to our extradition arrangements with the US, we have successfully managed to bring back into the UK under that agreement people who have committed very serious offences to stand trial here for those offences, including rape, murder, manslaughter and many child sexual offences. Clearly, it serves the interests of justice and public safety that those people are subject to prosecution.
It is worth mentioning that the Extradition Act 2003, the subject of this evening’s debate, is organised geographically in two parts. Part 1 provides arrangements for European Union countries and part 2 applies to all other countries where we have formal arrangements through the European convention on extradition, the Commonwealth scheme or a bilateral treaty. Requests from any other country where we do not have formal extradition relations are dealt with on a case-by-case basis, and as my right hon. Friend has said, where the UK considers a request by another country to extradite one of our citizens, the standard looked at is reasonable suspicion. That is the threshold applied in deciding whether or not an extradition request is reasonable.
On numbers, it is worth just pausing on this for a moment. On the part 1 extradition figures for the last financial year, 2019-20, EU countries requested 1,168 individuals who were physically present in the UK, of whom 689 were subsequently sent to one of those EU countries. Similarly, we wanted to get hold of 269 individuals who were somewhere in the EU, of whom 231 were brought into the UK.
The reason I mention those figures is by way of comparison with the US figures that my right hon. Friend mentioned. First, the numbers in relation to EU countries in both directions are far higher; the numbers I mentioned, which were for just a one-year period, were far higher—by a multiple—than the US figures. There is also the ratio: in relation to EU countries, far more people—about three times more people—were taken from the UK into European countries than the other way around. That ratio is very similar to the ratio in relation to the US. So the ratio is broadly similar, whether it is the US or the EU. Therefore, I would not take that disparity in itself to indicate that there is a fundamental problem, unless we are going to argue there is a similar problem in relation to the EU, which I do not think anyone has so far suggested.
I would like to try to address some of the most fundamental points my right hon. Friend made. Essentially, his central allegation was that there is an imbalance—an asymmetry—in the arrangements, whereby it is easier and it is faster for the United States to extradite UK citizens, or people in the UK, than vice versa. I would like to take each of the points in turn that might be cited in support of the suggestion that there is an imbalance.
One of the first points that often comes up is the evidential threshold: what standard or what threshold do we have to reach in order for an extradition request to be granted? In the United Kingdom, as we have discussed already, broadly speaking, the test is of reasonable suspicion. For a request in the other direction, where the UK is requesting the extradition of somebody in the US, then the standard is what essentially amounts to probable cause. The question is whether those standards are equivalent—is reasonable suspicion equivalent or not to probable cause? That question was considered in 2011 by Sir Scott Baker, a senior retired judge, who concluded that both tests are based on reasonableness, both have to be supported by equivalent documentation and both represent the standard of proof applied by police officers in both jurisdictions, and that in substance the threshold represented by those two tests is broadly the same.
The House of Lords looked at the matter in 2014. The Select Committee on Extradition Law took evidence and concluded that, although the tests are in some elements different,
“whether this difference has any practical effect is debatable.”
The Committee went on to say that the
“experience to date demonstrates that”
the argument that
“they are ‘functionally’ the same is persuasive.”
So, both Sir Scott Baker and the House of Lords Select Committee gave the opinion that in essence the thresholds applied in the two jurisdictions are, broadly speaking, equivalent.
The second area in which one might seek a divergence between the arrangements is on discretion, on which my right hon. Friend touched. He pointed out, quite correctly, that the US Secretary of State has a discretion to refuse an extradition request, whereas the Secretary of State here is under an obligation to grant one after the matter has been considered, if requested, by a court. We have seen a number of cases—including recent cases, one of which Madam Deputy Speaker referred to—in which the courts in the United Kingdom have refused an extradition request, so protection is provided by the courts. Moreover, there is a right of appeal, so if in the first instance the court grants an extradition request, there can be an appeal—in fact, there are probably two levels of appeal above the court of first instance. There is, then, substantial judicial intervention to protect the rights of UK citizens in the way that I have just described.
It is instructive to think about the numbers—how often our courts protect people in the UK who are subject to extradition versus how often the US Secretary of State exercises their unfettered discretion. The answer is starkly in favour of the United Kingdom: I am told that since the treaty was entered into, on 21 separate occasions, a few of which my right hon. Friend referred to—I am not sure if those 21 include the recent Assange case—the UK court has said that extradition may not occur. The courts have stopped extradition 21 times. Conversely, there has been only one occasion on which the US Secretary of State has exercised their discretion and declined one of our requests, and that is in respect of the Anne Sacoolas case, which we should not debate too much. That is the only occasion on which that discretion has been exercised. That gives us some sense that the matter is perhaps not as one-sided as is occasionally suggested.
There is a third argument, which my right hon. Friend advanced with his characteristic eloquence, passion and attention to detail: the question of whether crimes might be committed in the UK that have only a very tangential connection to the US but the US authorities can then reach into the UK and pluck out suspects who really have very little, if anything, to do with the United States. That is the substance of the suggestion.
My right hon. Friend referred to a 2012 Select Committee report that drew attention to such problems. It was partly in response to that Select Committee report, and in response to some of the cases in the first decade of this century to which he referred, that the 2003 Act was amended in October 2013, 10 years after it first came into force, and a new section 83A was introduced that gave the United Kingdom courts the ability to refuse extradition either when a substantial measure of the requested person’s relevant activity was performed in the UK—that is, their offences were mostly UK offences—or when extradition would be contrary to the interests of justice. At the time, the US embassy was not terribly happy about those changes. I think that amendment—new section 83A, introduced in 2013—goes a long way to making sure that people whose offences are only very loosely connected to the US, and the substance of which were allegedly committed in the UK, are afforded quite a good measure of protection from extradition to the United States. That was a very important change that I think goes quite a long way towards protecting UK citizens.
The courts have used that power, and they have also used human rights law, as my right hon. Friend has said, in cases such as those of Gary McKinnon and Lauri Love. The courts have used it more recently as well, as Madam Deputy Speaker said, where the prospective defendant has successfully argued before our courts that their human rights would be infringed in some way if the extradition proceeded, and our courts here in the United Kingdom have afforded that protection. I think that is a very significant point in our debate.
Dr Julian Lewis (New Forest East) (Con)
How does the Minister respond to the point made by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) that an innocent person finding themselves on trial in the United States—our closest ally, as we all agree—would nevertheless be put under intolerable pressure to plead guilty, because if he gambles on proving his innocence and fails, he faces an enormous sentence, whereas if he confesses to a crime that he did not commit, he can get off with a few months in jail?
Chris Philp
The argument that my right hon. Friend advances is essentially that the US justice system is inherently not fit for purpose. Of course, the rules that he describes apply as much to US citizens as they do to anyone else. Although the practice of plea bargaining in the United States is not one that we have in this jurisdiction, I do not think I would agree with the general proposition that the US justice system is inherently unjust, and that it is so bad that we cannot allow anyone to be taken there from this jurisdiction because the system is so terrible that justice will not be done. I do not accept that characterisation.
Of course there are points of difference, as has been pointed out, but I do not think those points of difference are such that we should simply turn around and say, “We will have nothing to do with the United States at all.” That is not a conclusion that I share or concur with, and therefore I do not think it is a basis on which we would want to discontinue all extradition relations.
Mr David Davis
I had not intended to interfere with the Minister’s course, but since this point has been raised, I will say that the most fundamental thing under-pinning all extradition arrangements—whether they are with America, Europe or whatever—is a presumption that the justice systems are reasonably equivalent. This is where the weakness comes in.
Take the case of Christopher Tappin, who was extradited. He was somewhere in his 60s—65, maybe—and he was threatened with a 30-year sentence if he did not confess to a crime that he did not believe he had committed. That is an intolerable difference, and it is not just criticised here. As the Minister quite rightly says, it is the subject of massive criticism in the United States, but they are stuck with it until they change it. It seems to me that when we think about the treaties, not just for America but for other areas, we should consider trying to guarantee equivalence of justice in delivery, as well as in principle.
Chris Philp
I thank my right hon. Friend for his intervention. The test is not that the justice systems are identical; it is that they are just. I do not think I would accept the argument that the American system is fundamentally unjust. However, if there are particular circumstances of a case—perhaps the case he mentions would have met that test, had he advanced that defence —where a grave injustice is threatened, then the UK courts, on human rights grounds, which include the right to a fair trial, can be invoked and a UK judge, or an English judge, can be invited to prevent extradition. It was on grounds, as I understand it, very similar to those that the recent case involved the judge making precisely that finding, so if a miscarriage of justice is threatened, an application can be made to an English judge to prevent the extradition using arguments not unlike those my right hon. Friend has just advanced.
I fear we are approaching the witching hour and I should therefore draw my remarks to a conclusion. The Government will, of course, keep this area under careful and vigilant review, prompted as ever by my right hon. Friend, to whom I am extremely grateful for raising this important matter this evening.
Question put and agreed to.
Serious Criminal Cases Backlog
Chris Philp Excerpts(3 years, 3 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr David Lammy (Tottenham) (Lab) (Urgent Question)
To ask the Secretary of State for Justice if he will make a statement on the backlog of serious criminal cases in the justice system.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
The covid pandemic is truly unprecedented. It has affected every corner of our lives—from hospital operations delayed, to schools closed, to businesses struggling and even to how Parliament itself operates, we have seen covid’s effects. The court system is no different: bringing people safely into buildings for trials—especially jury trials—and hearings is a difficult thing to do. That is why so much has been done to keep delivering justice in these difficult times.
We have invested £142 million in upgrading court buildings and technology, alongside £110 million to increase capacity, making an investment of over a quarter of a billion pounds in court recovery this year. We are hiring 1,600 extra staff. We have opened 19 new Nightingale courts, with 35 new courtrooms. As of today, we have over 290 covid-safe jury trial courtrooms—substantially more than before the pandemic. We have installed plexiglass screens in 450 courts to protect users. We have installed cloud video platform technology in 150 magistrates courts and 70 Crown courts, allowing 20,000 remote hearings per week.
In the first lockdown, and as these measures have been put into place, backlogs have, understandably, developed. That has been the case across the world. But the fruits of our labours are now being seen. We have been faster than almost every jurisdiction to recover and we believe that we were the first country in the world to restart jury trials, back in May. Since August, the magistrates court backlog has been relentlessly reducing, month on month. Crown court jury trials are obviously much harder, for reasons of social distancing, but even there, in the last four weeks before Christmas, Crown court disposals exceeded receipts for the first time since covid began. At this very moment, as we stand here, about 230 jury trials are taking place. The joint inspectors’ report said earlier this week:
“It is a real testament to the criminal justice system that in spite of the pandemic…service was maintained.”
I pay tribute to the judges, magistrates, jurors, witnesses, victims, lawyers, court staff, Crown Prosecution Service staff and Ministry of Justice officials who have made that monumental effort to deliver justice in spite of covid.
We will not rest. We are adding more courtrooms, further increasing remote hearings, and examining options for longer operating hours. We are also taking action to mitigate the impact on victims and witnesses, this year providing an extra £32 million of funding and next year an extra £25 million of funding, including for rape and domestic violence victims.
This year has been incredibly difficult in the courts, as in so many places, but through a monumental, collective effort the system is recovering. The recovery will gather strength and pace with every day that passes, and I know that everyone in the House will support that work.
Mr Lammy
We all know the numbers. The backlog of criminal cases in the Crown court has grown to more than 54,000. Including the magistrates courts, it has reached more than 457,000 cases. Serious criminal cases are being delayed by up to four years. Convictions are at by far their lowest this decade. Estimates show that the current scale of increase in the backlog would take 10 years to clear at pre-pandemic rates.
Numbers do not tell the whole story. Behind criminal cases, there are victims: victims of rape, robbery, domestic abuse, and violent assault. Each of those victims is being denied the speedy justice that our society owes them. It has been repeated many times, but it is true: justice delayed is justice denied. This is not just the case because of the pain that delays cause victims and the wrongly accused—it is because delays to justice can affect the verdict.
On Tuesday, four criminal justice watchdogs for England and Wales warned of “grave concerns” about the impact of court backlogs. Victims and witnesses may avoid the justice system entirely because of the delays. Witnesses may be unable to recall events properly many years after the event. As a responsible Opposition, we accept that the pandemic has caused unprecedented challenges for the justice system. However, we do not accept the Government’s presentation of the backlog as a crisis that has resulted only from coronavirus. Before the pandemic, the Crown court backlog stood at 39,000 cases.
That figure was the result of sustained attacks on the justice system by successive Conservative Governments: an entire decade of court closures, cuts and reduced sitting days. Blackfriars Crown court was sold off by the Government in December 2019. It is now sitting empty, but it is being rented out as a film set by the developer for a new series of “Top Boy”. The Minister said “recovery”, but meanwhile the Government are paying through the nose for Nightingale courts a stone’s throw away.
Six hundred court staff, judges, lawyers and jurors have tested positive for covid-19 in the past seven weeks. A pilot scheme of lateral flow tests has now been authorised at only two courts in London and Manchester. A pilot scheme is not good enough, and neither is the plexiglass. Why have lateral flow tests not been implemented across the court system? The Minister knows that that is a serious problem and that we are a long way from recovery. Can he tell the House why the pitiful 19 Nightingale courts that he has managed to deliver fall so short of the 200 that Her Majesty’s Courts and Tribunals Service said were needed? Can he tell the House why lateral flow tests are not being trialled across the whole country? After 11 years of incompetence and cuts, will he admit that his Government failed to fix the roof while the sun was shining?
Chris Philp
The shadow Justice Secretary referred to the number of cases outstanding in the magistrates courts: 460,000. What he neglected to mention to the House was that, after the first lockdown, that peaked at 525,000 and has come down since then by 65,000 as the case load reduces relentlessly, month on month, and as our system recovers.
The right hon. Member mentioned waiting times. Of course we do not want to see very long waiting times, but I can tell him that the clear majority of remand cases that had their first hearing in November will have their trial by July of this year, and the clear majority of bail cases will have their trial heard by December of this year. He mentioned the report, which I have read carefully. Its authors, who do not inspect Her Majesty’s Courts and Tribunals Service, did not engage with HMCTS prior to finalising it, which was regrettable.
The right hon. Member mentioned witnesses and victims, who are at the heart of everything that we do. Vulnerable witnesses, where it is appropriate, can give evidence under section 28 recorded well in advance of the trial, in order to avoid issues with forgetting particular evidence. I strongly encourage the CPS, defence, judges and other court users to use that section 28 facility.
The right hon. Member mentioned the number of cases outstanding in the Crown court. He claimed that before the pandemic the system was in bad shape. He mentioned the 39,000 Crown court cases outstanding in March of last year before the pandemic. What he forgot to mention was that when Labour left office in 2010 it was not 39,000; it was 47,000—considerably higher.
The right hon. Member talked about cuts. I anticipated that he might, so I looked up the HMCTS budget, which in 2011 was £1.65 billion. It has gone up by £200 million to £1.85 billion. He asked about the number of courtrooms and court centres. As I said, we now have 290 operational covid-safe Crown court jury trial rooms—significantly more than we had before covid. As I said in my first answer, in the magistrates court the outstanding case load has been declining relentlessly month on month, every month since August, and in the Crown court disposals exceeded receipts, so the lines crossed, for the first time in the full week before Christmas.
The right hon. Member asked about covid safety. Of course, Public Health England and Public Health Wales have signed off our courts as covid-safe. The number of HMCTS staff testing positive is in line with what we would expect in the general population; it is no higher, and no lower. Lateral flow testing is available at local authority lateral flow testing sites. We are exploring whether we can roll it out more fully.
Finally, the right hon. Member asked about the record of this Government on criminal justice. The most authoritative source of data is, of course, the crime survey. It is the only Office for National Statistics approved set of crime statistics. Crime in the last 10 years under this Government has fallen from 9.5 million offences down to about 5.6 million—a 41% reduction—according to the crime survey. Those numbers speak louder than words. Our record is a good one.
Sir Robert Neill (Bromley and Chislehurst) (Con) [V]
The Minister is right to pay tribute to the work that is being done by all those in the system under very difficult circumstances. It is right, too, to recognise the investment that has been made to deal with this, but I am sure that he will also accept that for the backlog to be reduced to acceptable levels, disposals in the Crown court in particular will have to exceed receipts for a sustained period of time.
The Minister will also know that there are a number of serious organised crime cases with multiple defendants coming into the system, which will put in additional strains. Does he therefore agree that to make the system sustainable going forward we will need sustained and continued investment at higher levels than we have seen before for a number of years to come? Will he recognise that that is the case that all of us who care about the system, regardless of party, need to make to the Treasury and elsewhere?
Chris Philp
I thank my hon. Friend, the Chair of the Justice Committee, for his question. He is of course right: we need to have sustained levels of disposals exceeding receipts. We got there just before Christmas for the first time during the pandemic following a heroic effort, but he is right that it needs to be sustained. We are making it clear that the resources needed to achieve that will be made available. In the current year, Crown court sitting days will not be any constraint on getting cases listed. Subject, obviously, to the usual discussions with the judiciary, we anticipate a very significant increase in Crown court sitting days in the next financial year to achieve the objective that he rightly and properly calls for.
Joanna Cherry (Edinburgh South West) (SNP) [V]
Criminal justice is devolved in Scotland, and here the focus has been on ensuring that jury trials continue in the most serious cases where accused persons are in custody and where the nature of the alleged offence demands that priority be given, which includes sexual offences. The report we are talking about today deals with England and Wales only. It has found numerous examples of serious cases being cancelled at short notice, and it has warned that delays could result in crime victims being unable to support prosecutions.
What new steps is the Minister taking to ensure that, as already happens in Scotland, the United Kingdom Government are complying with their duty under article 3 of the European convention on human rights to ensure that there are effective remedies for the victims of sexual offences and, in particular, that we avoid—or that he avoids—undue delay in getting cases of sexual offences to trial? I know what has been done in Scotland. I am keen to know what the Minister is going to do in England and Wales, given the finding of this report.
Chris Philp
We are as keen as the hon. and learned Member is and everyone is to make sure that these very sensitive cases involving rape or similar offences get heard quickly, but of course it is a matter for the judiciary to decide when they are listed and sometimes there are reasons to do with case management why a case may get adjourned while things are dealt with. But we have, for example, now rolled out the section 28 evidence provisions that I mentioned, so sensitive evidence can be given by recorded video, which can be taken well in advance of a trial—designed to help exactly what she is describing—and we have made large amounts of money available, with the extra £25 million next year and £32 million this year, to support and help witnesses and victims.
I was slightly concerned to read a remark by the Lord President in Scotland saying that during lockdown criminal cases in Scotland would be down by 75%. I am sure the hon. and learned Member shares my concern about that, and anything we can do to exchange ideas in our mutual interests I am sure we will be very happy to do.
Miss Sarah Dines (Derbyshire Dales) (Con) [V]
Around the world, the United Kingdom rightly has a reputation of having a first-class criminal justice system. The present large backlog in criminal trials due to the pandemic is of immense concern to me in terms of the rights of victims, witnesses and defendants and the need for a timely trial. Can my hon. Friend assure me that sufficient resources are going to be forthcoming to resolve the present backlog within a proper timeframe?
Chris Philp
My hon. Friend is right to raise this question. As I said in my opening remarks, the pandemic—the global pandemic—has had a huge impact on public services not just in this country but across the world, and the court system is not immune from that. That is why we have seen the additional cases that we have discussed this afternoon.
My hon. Friend asked about resources. The Government are categorically committed to putting in the resources necessary to facilitate the recovery of the courts. I mentioned earlier that this year alone we have invested an extra £143 million in court buildings and technology to make our courts covid-safe and an extra £110 million in increasing our courts capacity. That is an investment of an extra quarter of a billion pounds this year alone to make sure that the court recovery not just gets started, but continues in the current vein. So I can give my hon. Friend the assurance that she is quite rightly asking for.
Wera Hobhouse (Bath) (LD) [V]
There is more and more evidence that domestic abuse has increased dramatically during lockdown. The Bar Council has led calls for non-means-tested legal aid to be made available for all cases of domestic abuse. Will the Minister provide this as a matter of urgency, and commit to provide this as a matter of urgency, please?
Chris Philp
Domestic violence most certainly is a very serious and very important matter. That is why, when the pandemic started, the senior judiciary sent directions to magistrates courts laying out which cases should be dealt with as a matter of priority. One of the items in the top priority—the priority 1 list of cases—was domestic violence protection orders, because the judiciary and the system recognise their importance. In relation to legal aid, it is kept under review of course, but we are always making sure that domestic violence victims receive not just protection, but quick protection. That is vitally important.
Rob Butler (Aylesbury) (Con) [V]
All criminal cases begin in the magistrates courts and all magistrates are volunteers, so will my hon. Friend join me in thanking and congratulating magistrates on everything they are doing to clear the backlog in their courts? Will he assure me and all users of our magistrates courts that he will do whatever it takes to keep them safe and ensure that justice continues to be done in our local communities?
Chris Philp
I know my hon. Friend has a long and distinguished history serving on the bench as a magistrate, so I would like to publicly recognise that and I join him in extending my warm and enthusiastic thanks to magistrates up and down the country, who have been keeping justice going in incredibly difficult circumstances—and not just keeping justice going, but clearing down the backlog, which has been reducing since August, as I said earlier. One of my parliamentary team sits as a magistrate in Croydon Crown court—one of the many thousands of magistrates—and I thank all of them for what they have done to deliver justice in these most trying of times.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab) [V]
Rape and sexual violence prosecutions are at their lowest ever level in England and Wales, and domestic abuse prosecutions are down 19%, and that is at a time, during lockdown, when domestic abuse is widely reported to have increased, so what steps are the Government taking to speed up justice for vulnerable people who are victims of these abhorrent crimes?
Chris Philp
I agree with the hon. Gentleman. There is an issue with, for example, the charging and prosecution of rape cases in particular, which predates the pandemic. There is a problem and it needs to be addressed. Some steps have been taken already—for example, changes to the rules around disclosure, which had been a problem in rape cases, and the provision of significant extra money even before the pandemic to support independent sexual violence advisers and rape crisis centres and to support the victims of these awful crimes, but more needs to be done. The Ministry of Justice and the Home Office are conducting a rape review, which is being led by the Minister for Crime and Policing. That is due to report very shortly and will contain further actions in this very important area.
Gareth Johnson (Dartford) (Con) [V]
I worked in the Courts Service for 20 years, and there have been case delays under all colours of Government, so the right hon. Member for Tottenham (Mr Lammy) has a very selective memory on this issue. It is not surprising that this pandemic has caused delays in court cases right around the world, but will my hon. Friend the Minister ensure that delays to domestic violence cases are prioritised? As he knows, often pressure grows on victims as a case progresses and too often their resolve diminishes and they feel unable to continue supporting the case.
Chris Philp
My hon. Friend makes an extremely good point. We are very concerned about these cases and that is why we are spending a great deal of extra money—as I say, next year, an additional £32 million—to help protect victims and witnesses of awful cases such as those of domestic violence and rape. As I have mentioned, the judiciary have already prioritised domestic violence protection orders in the magistrates courts and, although listing is a judicial function, I know that judges are prioritising very serious cases of rape and domestic violence to make sure those cases get heard quickly, for the reason that he has mentioned. In addition, we rolled out section 28, the video evidence provisions, in, I think, November last year—just a couple of months ago—to make sure vulnerable witnesses can give evidence by video quickly, well in advance of the substantive hearing, to make sure some of the issues to do with victim attrition that he mentioned are addressed quickly and as far as they possibly can be.
Helen Hayes (Dulwich and West Norwood) (Lab) [V]
In 2016 the Government announced the closure of 127 courts and tribunals centres. Responding to a debate I secured at the time the Justice Minister’s predecessor, the hon. Member for North West Cambridgeshire (Mr Vara), acknowledged the importance of prompt investment in digital courts, saying:
“Otherwise, there will be an extraordinarily chaotic justice system, which is the last thing any of us want.”—[Official Report, 1 March 2016; Vol. 606, c. 258WH.]
Does the Minister accept that, notwithstanding coronavirus, the Government’s court closures, combined with a digital investment programme which only started after the closures, was scaled back and is running significantly behind schedule, represents a catastrophic failure to sustain access to justice?
Chris Philp
I do not accept the hon. Lady’s criticism. Travel times to courts before and after the programme that she mentions were very little different. As I said, due to the actions that we have taken during this pandemic, there are significantly more covid-safe Crown court jury trial rooms today than there were before the pandemic.
In relation to online justice, the cloud video platform was developed prior to coronavirus. Its roll-out has been expedited. In the weeks running up to Christmas we saw 20,000 remote hearings per week across all jurisdictions, and in fact last week was a record week. There are 150 magistrates courts and 70 Crown courts now connected. The use of remote video and audio hearing technology has been extremely widespread. It is very impressive, and it is doing its job extremely well in these difficult circumstances.
Imran Ahmad Khan (Wakefield) (Con) [V]
I congratulate my hon. Friend on all the hard work that his Department has done during this incredibly difficult time, particularly with regard to the implementation of video hearings. Twenty thousand hearings have now been undertaken through the cloud video platform every month. Will he outline whether the use of remote technology will be expanded to help reduce court backlogs?
Chris Philp
I thank my hon. Friend, who of course has a distinguished background in this field himself, for his question. We do intend to continue rolling out the use of video and remote technology in the way that he describes. We see huge opportunities there. The Lord Chief Justice, in response to the most recent lockdown, urged trial judges and other judges to use remote hearing technology as widely as they possibly can, so this work is continuing. As I said in response to the last question, last week was a record week for remote hearings, and we expect the roll-out and the adoption of this technology to continue apace.
Andy Slaughter (Hammersmith) (Lab) [V]
The Minister points, as if it were an excuse, to previous backlogs of jury trials. The difference is that in 2010 and 2015, the previous peak, there were 600 to 700 trials happening a week and numbers were falling. Now he is boasting about 230 happening, despite his target back in November being 333. Does he accept that his proposals for clearing the Crown court backlog at the moment are not working and are inadequate?
Chris Philp
I would point out that 230 is the number happening as we speak; in the weeks leading up to Christmas, the average was more like 275. In relation to the number of trials over the last few years, as I said in answer to the shadow Justice Secretary, the right hon. Member for Tottenham, crime, as measured by the British crime survey, has fallen by 41% since Labour left office, so it is not entirely surprising that the number of trials has reduced commensurately.
However, we are now increasing the number of sitting days and the number of jury trials. As I said, the last full week before Christmas saw the number of Crown court disposals exceed the number of receipts for the first time in the pandemic. As the Justice Committee Chairman rightly said in his question, we now need to sustain that over a period of time to ensure that the outstanding case load gets back down to where it was before, which I remind the hon. Member for Hammersmith (Andy Slaughter) was a great deal lower than when Labour left office.
Ben Everitt (Milton Keynes North) (Con)
I am grateful for the answers that my hon. Friend gave to the hon. Member for Slough (Mr Dhesi) and my hon. Friend the Member for Dartford (Gareth Johnson) in relation to support for victims of domestic violence and other vulnerable witnesses. It is a tremendously tough time for everyone involved in the judicial system and on its periphery. I am thinking particularly of MK Act, the domestic violence charity in my constituency, and all the wonderful homelessness charities that we have to support vulnerable people. Sadly, however, those people do end up in the courts system, so what support do we have during the pandemic specifically for vulnerable people going through the courts system?
Chris Philp
My hon. Friend raises an important point. Witnesses and victims, particularly in connection with offences such as domestic violence, sexual assault and rape, are very vulnerable and the experience is very traumatising. Often, going through a court process re-traumatises victims, who have often suffered terrible crimes. It is our duty as a justice system to support, protect and look after those victims as they go through the process.
We recognise that that needs investment, which is why we are spending an extra £25 million this year over and above previous plans, and an additional £32 million next year, specifically to support, protect and look after witnesses and victims. We are investing in things such as additional ISVAs, who can help support victims as they go through reliving awful crimes. I entirely concur with my hon. Friend’s sentiment, and we are doing everything possible, including putting in lots of extra money, to achieve the objectives that he points to.
Kevin Brennan (Cardiff West) (Lab) [V]
I listened very carefully to the response the Minister gave and this really is not a time for bragging. My very elderly constituent, whose case the Minister knows about through correspondence between us, has been waiting for four years to have a case of alleged fraud come to court. She and her family want justice to be done during her lifetime. That is what they are telling me. The system is clearly not working. It will not be fixed by bragging, but by investment, real reform and perhaps a little bit of ministerial humility.
Chris Philp
In relation to investment, I have already said two or three times that in this current financial year, because of the massive challenge posed by coronavirus, we have invested an extra £143 million and the extra £110 million—an extra quarter of a billion pounds—in delivering court recovery. A quarter of a billion pounds is an enormous investment. It is designed to help with cases like those of the hon. Gentleman’s constituent, which we want to be heard quickly. Of course, every individual case has its own circumstances and sometimes there are procedural, evidential or other reasons why individual cases get listed some way into the future, but we do want all those cases to be heard as quickly as they can be. As I said, for remand cases where the defendant is in custody that had their first hearing—their first mention—in November 2020, the clear majority will have their trials heard by July this year. However, we do want to move faster. That is why, as the Chairman of the Select Committee said, we need to make sure that the happy circumstance of disposals exceeding receipts, which we achieved just before Christmas, is continued and sustained into the new year to help people like the hon. Gentleman’s constituents, who quite rightly and reasonably, want their cases heard.
Danny Kruger (Devizes) (Con) [V]
I pay tribute to the work done by the Ministry of Justice in getting the courts open again quickly last year and actually increasing throughput so that we now have more sitting hours and more Crown court trials than we had before covid. Does my hon. Friend agree that we have the opportunity for a real transformation in criminal justice, making more use of technology in trials and in disposals? Can he update the House on plans for more smart tagging, as proposed in a recent Centre for Social Justice report by my hon. Friend the Member for Aylesbury (Rob Butler)?
Chris Philp
My hon. Friend raises a very good point. As we face the future, the use of technology will be critical in making our justice system faster, more efficient and more accessible. I have already laid out how we have expedited the roll-out of a cloud video platform which facilitates remote hearings. We have been doing quite a lot of work with the police on video remand hearings, where a prisoner who has been arrested and is in a police custody suite has their remand hearing with the magistrates done by video link, rather than being taken to the magistrates court. Quite a lot of that has been going on. We are also just beginning to roll out the common platform, which is an IT system that integrates many parts of the criminal justice system, the Crown Prosecution Service, defence, prosecution and the courts themselves. That work is being trialled pending a full roll-out. My hon. Friend also mentioned a smart tagging, a point, as he said, raised by my hon. Friend the Member for Aylesbury. We have this year procured a large number of additional GPS tags, which we are now using. We are moving in that direction. The measures he referred to in the sentencing White Paper, which we published, I think, back in September, will, I can tell him, form part of legislation arising in the relatively near future.
Maria Eagle (Garston and Halewood) (Lab) [V]
Many court users and their representatives are asking for courts to be closed again because of increasing covid outbreaks. Her Majesty’s chief inspector of the Crown Prosecution Service told the Justice Committee yesterday of concerns that some courts are not safe. He said, “I particularly would not wish to be in a court at this time.” Is the Minister planning for courts to close again? What impact will any such change in policy have on the Crown court backlogs that we are concerned about today?
Chris Philp
We are not planning to close down the court system, and the Lord Chief Justice made that very clear when the current lockdown was announced. As I have said, we have invested a quarter of a billion pounds in making our courts system covid-safe so that it can keep operating. The hon. Lady cited some remarks by the CPS inspector at the Committee yesterday and I have to tell her, in all candour, that those comments are inaccurate and inappropriate. The proper authorities for determining the safety of our courts system are Public Health England and Public Health Wales, not the inspector of the CPS, and they, having looked at the measures we are taking, have found them to be appropriate and found that our courts are covid-safe. The proof of that pudding is in the eating. As I said earlier, the number of Her Majesty’s Courts and Tribunals Service staff who have tested positive for covid is in line with the number in the wider population; courts are not especially unsafe, because of the measures we have been taking and will continue to take. I hope that reassures witnesses, defendants, jurors, lawyers—anyone using the courts—that our courts are safe. Justice should, will and must continue to be delivered.
Mr Philip Hollobone (Kettering) (Con)
Northamptonshire police have made really good progress during the pandemic in targeting serious and hardened criminals and, in particular, in busting up local drugs gangs. Having arrested these people, the police need them prosecuted, so will the Minister tell me what the courts situation is in Northamptonshire and what progress is being made on reducing the backlog?
Chris Philp
I thank my hon. Friend for his question. As I have said, we are opening up as many covid-safe jury courtrooms as we can, to hear the cases such as the ones he is describing. I would be happy to speak to him about opportunities to find additional court space in his fine county, perhaps by looking for some new Nightingale courts that we can use. There are particular challenges associated with so-called “multi-handers”, where there are a large number of defendants, because getting them into a single dock in a covid-safe way is challenging, particularly when there are more than seven defendants. We are looking at that carefully to see what more can be done. We recognise it is an area of particular challenge, but where there are fewer than seven defendants we are able relatively easily to hear those cases and we are doing so.
Rachel Hopkins (Luton South) (Lab) [V]
I have listened carefully to the Minister talk about covid-safe courts, but covid is spreading at an alarming rate and a growing number of legal professionals and organisations, including the Criminal Bar Association and the London Criminal Courts Solicitors’ Association, are stating that courts are not safe. HMCTS’s desire to address the case backlog should not compromise the health, safety and welfare of workers and court users. So can the Minister confirm reports by the Public and Commercial Services Union that on a single day last week 19 crisis management team meetings were needed to assist areas with multiple covid incidents?
Chris Philp
The measures taken to make sure our courts are covid-safe have been assessed and signed off by Public Health England and Public Health Wales, which are the appropriate authorities. We are very concerned to make sure that courts remain covid-safe, which is why as many hearings as possible are being done remotely, following a direction from the Lord Chief Justice a short while ago. It is also why we have social distancing in courts, why they are cleaned very frequently, and why we have plexiglass screens installed in courtrooms and in jury retiring and deliberation rooms. If any court user, be they barrister, solicitor, witness or anyone else, is concerned about any particular circumstances that they observe, there is a reporting process—an escalation process. I strongly urge anyone who sees anything amiss to use that reporting service. On the situation generally, I point to the figures I mentioned before, which show that the number of HMCTS staff testing covid positive is in line with what we would expect in the general community. But we are not complacent about this and we are going to work hard to continue to make sure that courts are safe.
Angela Richardson (Guildford) (Con) [V]
Will my hon. Friend join me in thanking all the court staff, legal professionals and the judiciary, who have kept our justice system running throughout lockdown? Does he agree that the recruitment of an extra 1,600 court staff will help speed up our justice system’s recovery?
Chris Philp
Yes, I certainly will join my hon. Friend in thanking the judiciary, magistrates and everybody involved in delivering justice for their heroic, herculean efforts during this pandemic. In many countries around the world, justice has slowed or even stopped. Although we have many challenges, as we have discussed, we are doing a great deal better in this jurisdiction than many other countries around the world, thanks to the work of judges, magistrates, court staff, lawyers and everybody who makes the system operate. I extend my warm thanks to them. She is quite right that the 1,600 extra staff—getting on for a 10% increase—will make a big difference in delivering the court recovery we need and, importantly, in sustaining that into the months ahead.
Stephanie Peacock (Barnsley East) (Lab) [V]
Last September, I raised in the House the fact that the majority of Barnsley court cases have been moved to Sheffield courts. The measures the Minister claimed had been put in place have clearly not worked in reducing the backlog. I ask him again: what is his plan to make sure that everyone can access justice?
Chris Philp
We are putting more resources into the system, with more court rooms for jury trials, more magistrates courts sitting on Saturdays and no limitation this year on the number of Crown court sitting days. All those things are designed to make sure that we get through the work available and deliver swift justice. If there are any particular local issues affecting her and her constituents, I would be happy to correspond or meet to discuss them. The Government have an unshakeable commitment to making sure that justice is delivered right across the country.
Jacob Young (Redcar) (Con)
I thank the Minister for his statement. However, this problem will outlive the pandemic. We need criminals to face the sentences they deserve as soon as possible. I have constituents in Redcar and Cleveland who have been waiting more than two and a half years for their day in court, and we all have victims who are waiting for justice to be done. It is great that we have established a Nightingale court in Middlesbrough to help with this, but what is the long-term strategy to cope with these delays, and how long can we expect the Nightingale courts to continue?
Chris Philp
I think the Nightingale courts will continue for as long as we need them. My hon. Friend makes a good point: at some point in the relatively near future, we hope that the current restrictions will be eased or even lifted, but that will not be the end of the story as far as the courts are concerned, because we will need to continue working, probably significantly beyond the end of the current coronavirus circumstances, to make sure that the court system is in the shape that we want. This journey will continue; it will not end suddenly in the coming months. We will make sure that the courts and sitting days needed are available so that justice is delivered. He mentioned making sure that criminals get the right sentences. He will have read the sentencing White Paper last September. We will shortly legislate in this area, and that legislation will include longer sentences—more time spent in prison—for the most serious criminals, which I am sure he and his constituents will strongly welcome.
Mrs Emma Lewell-Buck (South Shields) (Lab) [V]
Can the Minister advise how many of the 400,000 lost police records are linked to these backlogged court cases? Will he take this opportunity to apologise to all victims who are being denied justice because of the Justice and Home Secretaries’ incompetence?
Chris Philp
My colleague the police Minister gave a full statement on the police records situation a day or two ago, and the Prime Minister answered questions on that topic from this very Dispatch Box just an hour or so ago, which I am sure the hon. Member listened to carefully. The Justice Secretary and Home Secretary and the Government will take no lessons from the Labour party on criminal justice when, according to the British crime survey, crime in the last 10 years under this Government has fallen 41% in comparison to our predecessor.
John Howell (Henley) (Con) [V]
The Minister is probably aware that the Lord Chief Justice recently set out in a very honest statement his view of the continuation of the rule of law by the sort of changes that he introduced. He also pointed to some of the difficulties. Will the Minister join me in congratulating and praising the Lord Chief Justice for all that he, specifically, has done in leading the judiciary forward in this difficult area?
Chris Philp
Yes. The Lord Chief Justice, Lord Burnett of Maldon, has provided exemplary leadership through these difficult days, keeping our justice system running in a way that many other countries have not. I join my hon. Friend in extending my thanks and congratulations to the Lord Chief Justice, the senior judiciary and, indeed, the country’s entire judiciary for the work that they have done in delivering justice in these last nine or 10 months, and for the work that we are going to do together in the months ahead.
Emma Hardy (Kingston upon Hull West and Hessle) (Lab) [V]
Behind every alleged offence lies a victim, often many. I cannot imagine how hard it must be for them waiting month after month for justice. What is the Minister doing to reassure all those victims, who could be waiting up to four years for a trial, that justice will be done? After this statement finishes, what concrete action will he take to do something differently to address this?
Chris Philp
The lead times that the hon. Member is describing are, thankfully, very rare exceptions. As I said, for the most serious cases, where the defendant is remanded in custody, a clear majority of those that had a first hearing in November will have their substantive trial by July this year. We are taking action, we have been taking action, and we will continue to take action to look after victims of the most serious offences— the most distressing ones, such as rape and domestic violence—by making sure that they are supported. I have mentioned the £32 million of additional money that will be spent next year on the victim service, ISVAs and all those things that support victims and witnesses. I have also mentioned the use of section 28 evidence, which means they can give their evidence by video at a very early stage, rather than having to wait a long time. All those things are concrete, tangible actions that will help in the area that she raises today.
David Johnston (Wantage) (Con) [V]
I thank my hon. Friend for his statement on recent progress in clearing the covid backlog. There will be victims out there who will look at these headlines and wonder whether they should pursue their cases, or perhaps recent victims of crime wondering whether they should come forward at all, given the delays that the papers have suggested. What is my hon. Friend’s message to victims of crime at this time?
Chris Philp
I say to victims: we are there to support you, to hear you and to seek justice for you. As my hon. Friend knows, we are hiring 20,000 extra police officers to keep victims safe. We are keeping the court system running in these difficult circumstances. We are getting back to a period in which magistrates courts are clearing the backlog and, I believe, the Crown court shortly will do so. So I say to victims: justice will be done. Your voice will be heard. Come forward. We are here for you. Do not hesitate—we want to hear your story. We will listen to it, we will act and we will make sure justice is done.
Sarah Champion (Rotherham) (Lab) [V]
Shockingly, only 1.4% of those reporting rape secure a conviction, and that figure was before the news of deleted police records and the covid court backlog. For the last 10 years, this Government have run down the police, the Crown Prosecution Service, courts, prisons and probation, so what confidence can the Minister give to victims and survivors of sexual violence that they will be able to secure justice?
Chris Philp
The Crown Prosecution Service, even before coronavirus, had an extra £85 million a year put into it to enable it to hire 400 more prosecutors. We are hiring an extra 20,000 police officers—we are about a third of the way through that programme already—and the Ministry of Justice had a significant funding increase for the current financial year, announced before coronavirus, running into several hundred million pounds. Those extra resources are being brought to bear, but the hon. Member is right to say, I am afraid, that there is a problem with the charging and prosecution of rape cases, which predates coronavirus. It is a very serious problem. We are taking action through the recruitment of more ISVAs and changes to disclosure rules, but that is not enough on its own. More needs to be done, and the rape review being led by my colleague the Minister for Crime and Policing, which is due to report very shortly, will propose further actions to address the problem that the hon. Member raises. It is a problem. It is not yet fixed. We need to take more action, and we will.
James Daly (Bury North) (Con) [V]
As a former criminal defence solicitor, may I ask my hon. Friend to join me in praising all the practitioners who have contributed so much to access to justice during the pandemic? Many have asked me to ask the Minister what steps the Government have taken and are taking to enhance capacity in the criminal courts. Finally, does he not think it odd that the Scottish National party is asking questions about the English judicial system, despite its call for English questions on English laws?
Madam Deputy Speaker (Dame Rosie Winterton)
Order. It should really be just one question to the Minister.
Chris Philp
I have such a choice to choose from! Yes, I join my hon. Friend in paying tribute to the legal profession and the judiciary for the work they have done in these difficult circumstances. To answer the question that his colleagues have put via him, we are opening up Nightingale courts. A total of 19 are open, with 36 additional courtrooms. We have already rolled out the cloud video platform to ensure that hearings can be done remotely, and we are ensuring that Crown court sitting days are not a limitation in this financial year, so we are doing everything we can to open up capacity in the criminal justice system. We are also considering whether we can extend operating hours, and I would be interested to hear my hon. Friend’s views on that, perhaps after today’s question. We are leaving no stone unturned to ensure that our capacity is increased.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC) [V]
North-west Wales’s only justice centre, in Caernarfon, is equipped with small cells, consultation rooms without protective screens, and insufficient space for jurors in one of its two Crown courts. There has recently been a sharp rise in covid cases in the area, and those conditions pose a significant risk to everyone attending court. The chronic underfunding of courts and the covid-induced backlog of cases are combining to create a crisis of justice. Will the Minister therefore commit to developing a recovery strategy for courts in Wales, once the vaccine has significantly reduced the risk to staff and users?
Chris Philp
Our recovery plans apply across the whole jurisdiction, but I would like to pay particular tribute to the court system in Wales. When we look at the figures for magistrates courts and Crown courts, we see that Wales is one of the parts of the jurisdiction that is doing either the best or very nearly the best. The courts in Wales are performing extremely well, and I would like to thank and pay tribute to the Welsh judiciary, HMCTS staff and the legal fraternity for the work they have done to make that possible. And yes, the recovery will continue beyond the immediate coronavirus pandemic. There will be work to do that goes on into the future, as the right hon. Lady says, and as the Justice Committee Chairman said. The work will continue across the entire jurisdiction.
Andy Carter (Warrington South) (Con) [V]
I join the Minister in paying tribute to magistrates in Cheshire and Merseyside for the work they are undertaking, and invite him to welcome the new volunteer members of the bench who were sworn in just before Christmas and are now serving in courts in the north-west. Having sat as a magistrate last week myself in Liverpool, I can confirm that the magistrates court and the Nightingale court at St George’s Hall are covid-safe and working very efficiently. Can my hon. Friend outline what steps are being taken to ensure that the most serious cases are heard quickly, both in magistrates courts and Crown courts, so that justice is not delayed?
Madam Deputy Speaker (Dame Rosie Winterton)
Before the Minister responds, let me say that I want to try to get everybody in, so we need fairly short questions and, obviously, fairly brisk answers.
Chris Philp
I will do my best, Madam Deputy Speaker. I am delighted to hear that the courts in Liverpool are functioning so well. The listing of cases is a matter for the judiciary, but I know that judges are mindful of the points that my hon. Friend raises, and where there are serious and sensitive cases, judges do prioritise those in listing.
Wendy Chamberlain (North East Fife) (LD) [V]
I thank all those working in the justice system across the UK. As a former police officer with family who serve, I know the enormous efforts being made to keep the systems functioning. We clearly need more Nightingale courts and proper long-term investment to increase capacity. Can the Minister assure me, however, that the Government will not respond to this backlog by doing anything to either weaken or undermine the fundamental right to trial by jury?
Chris Philp
I thank the hon. Lady’s family for their service in the police force. We are, as a nation, grateful for everything they do on the frontline. It is not our intention to undermine those fundamental principles of justice, and even though we are in difficult circumstances, we have not cut corners with those fundamental rights to justice, nor do we plan to.
Mike Wood (Dudley South) (Con) [V]
What measures is my hon. Friend putting in place to secure access to justice, in particular in those cases where liberty is at stake, such as in the mental health tribunal?
Chris Philp
We are putting as many resources as we can into cases in the mental health tribunal, and we are using remote hearing technology as much as we can in tribunals generally, including the mental health one. My hon. Friend will have seen the recently published mental health White Paper, which aims to go even further in supporting the rights of people with mental health problems.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op) [V]
Is the Minister aware that many lawyers and people using the courts are absolutely terrified of going to work? These are not covid-safe environments. As co-chair of the all-party parliamentary group on miscarriages of justice, I have talked to a lot of people working in our courts. He is being very complacent. Many people think that courts are the place to catch the covid infection. What is he going to do to show the leadership and management to sort that out?
Chris Philp
The Government have spent a quarter of a billion pounds this year on making our court estate covid-safe. Public Health England and Public Health Wales find it to be safe. I hope that it reassures the hon. Gentleman’s constituents to know that the number of positive cases in the court system detected among court staff is no different from what we find in the general population. The measures that have been taken are working, and people who need to use the justice system do not need to be afraid in the way he describes.
We are not complacent. We aim to do more, particularly in the area of testing. I urge people using the court system to take a lateral flow test, administered by a local authority testing centre, before going into court where they can, and if they see anything that concerns them, they should report it quickly, because there are reporting processes available. We are committed to making sure that courts are safe, and that work will continue.
Dr Julian Lewis (New Forest East) (Con)
Given that the Minister has previously expressed sympathy for the idea of raising the mandatory retirement age for magistrates in particular, may I appeal to him to ensure that when he does so, there is provision to reinstate those magistrates who have retired in the meantime, so that the valuable services of people like my constituent Peter Power JP are not lost to the bench?
Chris Philp
As my right hon. Friend knows, we ran a consultation in the autumn on this topic, and I hope we will be able to respond formally to that and move forward in the near future. His suggestion that recently retired magistrates who are under the new retirement age can return is a very good point well made, and I can assure him that it will definitely feature in our thinking when we respond to the consultation.
Lilian Greenwood (Nottingham South) (Lab) [V]
Nottinghamshire police offered the empty Hucknall police training school to the Courts and Tribunals Service for use as a Nightingale court at zero cost months ago, but it has been rejected, and HMCTS is refusing to discuss alternatives with our chief constable and police and crime commissioner. Why has HMCTS not opened a Nightingale court in Nottinghamshire? Why was that free offer refused, and why is the Minister not working with Notts police to ensure that victims and witnesses are not denied justice?
Chris Philp
We have opened 36 Nightingale courts across the country. I am sorry that there is not one so far in the hon. Lady’s county, but I would be willing—delighted, in fact—to speak with her about her proposals for her county. If she would like to make contact, I will happily either exchange correspondence or have a meeting to discuss those ideas. There are sometimes reasons why a particular building is not suitable that are not immediately apparent—it might be to do with custody cells or something else—but I am happy to have a proper, detailed conversation with her about her ideas, to see what can be done. If she follows up with my office or my Department, I will be delighted to do that.
Laura Farris (Newbury) (Con) [V]
Last year, the Ministry of Justice received calls to temporarily dispense with juries as a way of clearing the backlog in the criminal justice courts. I pay tribute to the Secretary of State for his determination not to do this. However, will my hon. Friend reassure the House that as he works to accelerate the disposal of criminal matters, he remains committed to preserving juries as a fundamental cornerstone of the criminal justice system?
Chris Philp
Yes, we do remain committed to the foundation stones of our justice system. Just as we have not cut any corners in delivering justice in these difficult past few months, we do not plan to cut any corners in the future.
Tony Lloyd (Rochdale) (Lab) [V]
The fact that we have had to open the Nightingale courts to increase capacity, welcome though that is, indicates how mistaken it was to close local courts in places like my constituency of Rochdale or in Bury and to concentrate all the magistrates courts in Manchester. Local justice is still a sensible idea. Will the Minister use this opportunity to think about a review of localism and the possibility of reopening local courts?
Chris Philp
Some local courts have been brought back into use in response to the pandemic. We have had to use Nightingale courts not because the current court estate is, in itself, inadequate, but because we need to space out a lot more to hold hearings and trials, especially jury trials, in a covid-safe way. Even where particular courts—the Old Bailey is a good example—have quite a large number of courtrooms, we can only use a subset of those in a covid-safe way. We have enough jury courtrooms, but they are sometimes difficult to use in a distanced, covid-safe way, and that is why we have had to open up the Nightingale courts. However, we will see what lessons we can learn, as the hon. Gentleman says. We will keep this under careful review and reflect on it very carefully.
Dr Kieran Mullan (Crewe and Nantwich) (Con) [V]
The Minister will understand the attention that has been paid to this issue, but I welcome the highlighting of the historical trends with regard to the hyperbole coming from the Opposition Benches. Does he agree that with many private events venues unable to operate and claiming taxpayer-funded grants and support, it makes sense for the taxpayer to be paying into those as Nightingale courts instead? May I encourage him to hasten the roll-out of such venues?
Chris Philp
I thank my hon. Friend for his encouragement. We will certainly do that everywhere that we possibly can. If any Members have ideas for Nightingale courts, then we are happy to talk about them.
Jeff Smith (Manchester, Withington) (Lab)
The Government like to talk tough on crime, but since 2010 the MOJ has been cut more than any other Department: police funding was cut, recorder sitting days were cut, the CPS was cut, and more than half the courts across England and Wales were closed. The new resources that the Minister has talked about will not make up for those 10 years of cuts. That is not being tough on crime, is it?
Chris Philp
I will tell the House what is being tough on crime. According to the crime survey for England and Wales—the only source of crime statistics that the Office for National Statistics says is reliable—the number of crimes in the jurisdiction of England and Wales has gone down by 41% since 2010, and that is the number that matters the most.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con) [V]
I commend the Minister for the work he has done to get jury trials back up and running. I have a constituent who has been called for jury service and is quite worried about their own safety and the safety of those they live with. What information can my hon. Friend give about the steps he is taking to make jury service covid-safe so that my constituents can be reassured when they are undertaking this important public duty?
Chris Philp
My hon. Friend can reassure her constituents who have been summoned for jury service that we have plexiglass screens in place to prevent the spread of any infection, distancing in the jury retiring rooms, regular cleaning, of course, and a whole range of further measures. If any of her constituents, or indeed anyone’s constituents, who are summoned for jury service are in some way vulnerable—perhaps over the age of 70 or feeling that their health might be compromised—they should contact the Jury Central Summoning Bureau to discuss that. Although there is no blanket rule in place, where somebody has legitimate concerns, they will be sympathetically listened to.
Janet Daby (Lewisham East) (Lab) [V]
The backlog of cases in the Crown courts is not only causing concern for victims of crime; the mishandling of the crisis has also piled pressure on to hard-working lawyers and barristers, who already work in high-intensity environments. The enforcement of the enhanced working hours by the Ministry of Justice means that legal professionals have had to work harder and longer hours. The Criminal Bar Association is now considering legal action to urge safer and fairer working conditions. If the Government recognise the value of those leading these trials, what is their response to the Criminal Bar Association?
Chris Philp
On the safe working environment, I have already mentioned that Public Health England and Public Health Wales, which are the relevant bodies, find our courts to be safe environments. But as I have said, if any legal practitioner or other court user comes across a particular circumstance that concerns them in a court, there are reporting mechanisms that I strongly encourage them to utilise if required.
In relation to hours, we are carefully considering the options; no decisions have been taken. But I would have thought that many people working in the legal profession would be glad to have additional working hours. Some practitioners say that they have not been earning as much as they ordinarily would because of the coronavirus restrictions, particularly over the summer. Clearly, additional hours provide an opportunity in that regard. But as I say, no decisions have been taken and we continue to think carefully and listen carefully to everybody with an interest in the system.
Joy Morrissey (Beaconsfield) (Con) [V]
In Beaconsfield, constituents are keen to see that the wheels of justice keep turning. What investment have the Government made in reducing criminal court backlogs?
Chris Philp
I would point to the quarter of a billion pounds that we have invested this year alone—extra money for making sure that our courts are covid safe and have the capacity needed to deliver justice. That is a striking investment and a striking commitment—one that has not only started the court recovery, but one that I hope and expect will sustain it in the months ahead.
Madam Deputy Speaker (Dame Rosie Winterton)
I thank the Minister for responding to the urgent question. I am now suspending the House for three minutes to enable the necessary arrangements for the next business to be made.
Immigration Rules: Supported Accommodation
Chris Philp Excerpts(3 years, 4 months ago)
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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 (Romsey and Southampton North) (Con)
(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on whether the changes to the immigration rules laid last week will reduce the numbers of asylum seekers in supported accommodation.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
This Government are taking action to fix the asylum system so that it is firm and fair—firm where the system is being abused, but fair to those who need protection. And we have been clear: we will use every means at our disposal to make the use of small boats to cross the channel unviable.
Last week we laid changes to the immigration rules that are vital to curb irregular migration, which is often facilitated by ruthless criminal gangs. Channel crossings are not only highly dangerous but unnecessary, because France and other European countries are safe. Asylum should be claimed there. These changes will mean that individuals who could and should have claimed asylum previously in a safe country may not have their asylum claims determined in the UK where we are able to safely return them. The changes also enable us to consider the return of these individuals to any safe country besides the safe country where they could have claimed asylum. Individuals will also not be able to make asylum claims at sea.
At the end of the transition period, the UK is no longer bound by the Dublin regulation. These new measures will enable us, by agreement, to replace Dublin with more flexible returns arrangements. This will have a deterrent effect, by sending a clear message to anyone thinking of coming to the UK dangerously from a safe country that they should not risk their lives by doing so. This deterrent effect will also destroy the business model of the ruthless criminal gangs.
Such returns would, of course, reduce numbers in accommodation. I want to be clear that we are not turning our back on those who need our help after fleeing persecution, oppression or tyranny. We stand by our obligations under the 1951 refugee convention, the European convention on human rights and other relevant treaties. We will continue to welcome people to the UK through safe and legal routes, assisting the most vulnerable, providing accommodation and meeting essential living needs.
As I have set out, we are taking a number of steps to tackle irregular, dangerous migration. But addressing the problem really requires a complete overhaul, and in the first half of next year we will bring forward a Bill to fix the immigration and asylum system once and for all. This country will be fair to those who need protection, but firm where the system is being abused.
Caroline Nokes
Coming into force on 1 January, the Home Office’s proposed changes to the asylum system have far-reaching implications. Intended to act as a deterrent to people traffickers, which of course is laudable, they instead create a separate tier of asylum seekers, who will not have their claims considered and who the Minister will seek to return, albeit with no mechanism yet to do so. They will also be housed in camps, such as the one proposed in Test Valley, with no mains electricity or mains water. How does the Minister intend to issue written guidance as to how these changes will be processed? He has just 10 working days before they come into force. Will the permitted development powers that the Minister intends to use to create several of these camps be extended by statutory instrument, like these rules, avoiding parliamentary scrutiny? Does he think the changes might in fact see an increase to the asylum application backlog? Does he have a strategic plan or does he hope that housing people on sites where he admits he will not provide healthcare will just act as a deterrent? He acknowledges that, even without covid, only a few thousand failed asylum seekers are returned each year, and in 10 working days he loses Dublin. I know he is working with the French to secure a replacement, but what about Greece, Spain and Italy, and will those agreements be in place by 1 January?
The Home Office is already in court over its inhuman treatment of asylum seekers housed in barracks and it has settled some claims, moving people into more appropriate accommodation. Is the Minister concerned he has laid these rules before the rest of those cases are heard, and just a matter of days after the Equality and Human Rights Commission stated that the Home Office had
“a culture where equality was not seen as important”?
Last year, Wendy Williams identified that the Home Office needed to examine the development of policies to make sure that the person was put at the heart of its services. How do these rules fit with that?
The Minister has talked of legal routes, but he has committed to resettle only 232 people—the final step in delivering the pledge to resettle 20,000 Syrians, of which we were all proud. When will he finally launch the programme to resettle 5,000 refugees this year, which was announced in 2019?
The Minister plans to put people in camps with no mains water at a time when we know hygiene is critical. If it were not for you having granted this urgent question today, Mr Speaker, he would not even have come to the House to explain himself.
Chris Philp
On the first question, about the asylum track, after somebody arrives—having come, we believe, from a safe country where they could have claimed asylum—and if they are declared inadmissible, we will seek for a short period to get the agreement of that other country to return them there, where their asylum claim can be substantively and properly considered. If that is not possible, the asylum claim will of course be substantively and properly considered in this country.
My right hon. Friend asked some questions about our asylum system more generally—I think she was in some way seeking to insinuate that it was not reasonable or fair. The accommodation that we provide is reasonable and good, and there are 60,000 people currently being accommodated.
In terms of our system more widely, last year we made 20,000 grants of asylum or other forms of protection—that is a very high number. We welcomed and received more unaccompanied asylum-seeking children last year than any other European country, including Greece. Over the last five years, our resettlement schemes have seen 25,000 people taken directly from conflict zones and resettled in the United Kingdom—more than any other European country. After the 232 remaining people have come over, we will continue with resettlement, as far as we are able to, given the context of coronavirus and everything else. I therefore think we have a proud record of helping people who are genuinely in need.
My right hon. Friend asked about safe and legal routes. In addition to what I have described, last year over 6,000 people came into the UK under the refugee family reunion routes, which of course continue to exist.
The purpose of these changes is to prepare us for life after Dublin, and it is quite right that we make preparations, but at the heart of this is a desire to dissuade people—indeed, prevent people—from making unnecessary and dangerous journeys, particularly across the English channel, endangering their own lives and feeding ruthless criminal people smugglers, and all for no purpose, because France is a safe country where asylum can easily be claimed, as are the other European countries these migrants have travelled through.
My right hon. Friend asked about future agreements. She referenced France, and we are of course in close dialogue with France—we have a very close and friendly relationship. We will also be entering into discussions with other countries, including some of the ones she mentioned, as soon as the current European-level negotiations are concluded. These rules lay the foundations for those future discussions and negotiations, but most of all they will deter dangerous and unnecessary journeys, and I hope the House will join me in supporting that objective.
Holly Lynch (Halifax) (Lab)
I thank the right hon. Member for Romsey and Southampton North (Caroline Nokes) for securing this urgent question and for the incredibly important points she made, not least in relation to asylum accommodation.
As we have heard, these changes will allow a claim to be found inadmissible if someone has had the opportunity to claim asylum in another safe third country prior to claiming asylum in the UK. That is not dissimilar to the current arrangements under the Dublin III regulations that we have in place with our European neighbours, but which will cease at the end of this month. We are leaving the Dublin III regulations, so this change allows the Government to deem a claim inadmissible without any co-operation or agreement in place to facilitate returning the person concerned to a third country. This is an unworkable half-plan, being introduced by the back door as changes to the immigration rules, with no opportunity for proper parliamentary scrutiny.
On Monday, the Minister outlined that it is this Government’s intention to open discussions with those countries as soon as we are able to do so. Can he confirm that those talks are yet to start and that there will be no such arrangements in place by 1 January, when these changes come into effect? Will he clarify what a person’s rights will therefore be in the period between their claim being found inadmissible and a returns agreement being reached?
The changes also suggest that an asylum claim can be reinstated after a reasonable period of time, if another safe country is unable to admit that person. How long is “a reasonable period”? Further still, as the Minister has confirmed, these changes will allow someone to be removed to any safe third country, including countries that the person has never been to and has no connection with. How does he envisage that that could possibly work in practice?
The changes before us come into effect in less than a month’s time. The Minister must realise the widespread concern about leaving some incredibly vulnerable people in limbo, at risk of homelessness and destitution.
Chris Philp
Let me reassure the shadow Minister on one or two points. She concluded her questions by asking about the risk of destitution. To be clear, if somebody who is in the inadmissible cohort is unable to make provision for their own accommodation or upkeep, they will be eligible for accommodation in the normal way, just as people currently in the Dublin third country cohort, awaiting return to a European country, are accommodated and supported. There will be no risk of destitution, which would of course infringe their article 3 rights were it ever to happen.
The hon. Lady asks about the status of people who may fall into that cohort. Clearly, the intention is that a period of time will pass when we seek the agreement of a third country to return them. That will happen within a reasonable time—we will set that out in guidance, but it will be a matter of a few months; it will not be a long time. If, after that reasonable time, no agreement is forthcoming, their asylum claim will be substantively considered here. There will not be any extended period of limbo, which I do not think would be in anybody’s interests.
The hon. Lady refers to the fact that these arrangements are in some regards similar in concept to Dublin. I hope the House will take from that that they are reasonable in spirit, because no one has objected to the principles that underpin the Dublin regulations—indeed, many people have pointed to them as exemplars.
Finally, the message all of us in this House should be sending out, the Opposition Front Bench included, is that if somebody is in continental Europe and they feel they have a protection claim that needs to be heard, they should not attempt a dangerous crossing of the English channel. They should not pay money to ruthless people smugglers. They should use the very well-functioning asylum systems in our very civilised European neighbours. Let that message go out from this House today; it will save life.
John Redwood (Wokingham) (Con)
Many people in the country share the views the Minister has just expressed; they are appalled by the dangerous and illegal trade in people across the channel, both in dangerous boat voyages and in trucks and cargo containers. He has every support from millions of people to do something. Will he also ensure in the new law that comes in that, while there is the opportunity for appeal, there are not repetitive, constant and frivolous appeals, delaying the judgment and wasting the time and resource of the Home Office?
Chris Philp
I thank my right hon. Friend for his comments. As he says, I think these proposals and this approach will command widespread public support. The public do not understand why people should cross the English channel in dangerous circumstances, facilitated by criminals, when they could perfectly easily claim asylum in France or somewhere else, which is of course what they should do. Characteristically, he makes an extremely pertinent and prescient point about the legal process, which the new Bill next year will most certainly address. At the moment, it is possible to bring a series of claims over a period of time—repetitively, sometimes vexatiously and sometimes even in contradiction with one another—with the express purpose in mind of preventing, frustrating or delaying the proper application of our immigration rules. We will be legislating to prevent that kind of abuse of the legal process, and I look forward to working with him on making that law a reality.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]
I thank the right hon. Member for Romsey and Southampton North (Caroline Nokes) for securing this urgent question. It seems to me that this is not about fixing the asylum system; rather, it is about blocking access to it, leaving people in limbo and undermining the refugee convention in doing so. The Minister has focused on the channel, but putting aside those crossing the channel, can he be clear on what percentage of asylum applicants the Department thinks is likely to be impacted by these inadmissibility rules and left in limbo? Can he be clearer on what statutory support and accommodation will be available to those who are put in that limbo situation? If this is really about replacing Dublin, surely we must wait to see what replacement agreements are concluded and what safeguards are in place before being asked to look at these changes.
Finally, if the Government are serious about fixing the asylum system, will they start by addressing yesterday’s news of 29 deaths in asylum accommodation this year alone? Can we have a clear Government commitment and published policy to record and investigate such deaths, to support the bereaved and to learn lessons so as to prevent further tragedies? Surely creating a legal limbo of several months will only make things worse, not better.
Chris Philp
First, as I have said, the people in this cohort will not be in limbo, because after a reasonable period, if no return to another country is possible, the asylum claim will be substantively considered here. The possibility of limbo that the hon. Gentleman referred to does not exist, as I have said twice already.
Secondly, the hon. Gentleman raised the question of destitution. As I said in response to the hon. Member for Halifax (Holly Lynch), the people in this cohort will be eligible for accommodation and support, so the risk of destitution, which would be in contravention of article 3, does not exist either.
The hon. Gentleman asked about people crossing the channel and referenced the refugee convention. He will know that article 31 of the refugee convention talks about people
“coming directly from a territory where their life or freedom was threatened”
being immune to various forms of penalty. He will know that France is a safe country where people’s life and freedom are not threatened. Human rights are respected in France. Asylum claims can be processed in France and, indeed, in other countries through which this cohort typically pass prior to their arrival in France. That deals with the questions that he raised.
The hon. Gentleman mentioned the very sad deaths in accommodation, every single one of which is, of course, a tragedy. I remind him that we have 60,000 people in asylum accommodation. While each individual case is very sad, if he studies the statistics he will see that the numbers are not out of line with what we would expect among a population of 60,000 people.
Sir Edward Leigh (Gainsborough) (Con)
Sooner or later, there is going to be an appalling tragedy in the channel. The reason economic migrants make this crossing is that they know that our present asylum laws are a complete joke. If someone makes it halfway across the channel, their chances of ever being deported are virtually nil, because of the activities of so-called human rights lawyers, who are actually putting lives at risk by their shenanigans in the law courts. What we want from the Minister is a firm commitment that, from 1 January, if someone crosses the channel and it is obvious that they are coming from a safe country, they will be immediately returned—that is what we want to know.
Chris Philp
I thank my right hon. Friend, who has a distinguished legal background, for his question. He is absolutely right: we need to deter these crossings, and we need to ensure that our legal process works effectively. As my right hon. Friend the Member for Wokingham (John Redwood) said, very often it does not do so. Despite that, we are able to return and deport quite large numbers of people if they should not be in the country or if they have committed very serious criminal offences, as we discussed a couple of weeks ago.
In relation to the question about immediate returns from 1 January, that is the policy objective of the Government—it is my objective, the Home Secretary’s objective and, indeed, the Prime Minister’s objective. But in order to effect returns, we need the agreement of the receiving country, and so my top priority, as soon as the European-level negotiations are concluded, is to seek exactly those kind of return agreements.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Government are about to end the only agreement that they have in a place for safe returns by ending the Dublin agreement, which will make it harder, not easier, for the Minister to complete safe returns. He told the Home Affairs Committee that there are currently no negotiations for a replacement—they have not even started—and we are only 15 days away. Will the Minister confirm what I think he just said—that asylum accommodation and support will still be available for everyone who is in this limbo for the next few months? Does that mean that with no return agreement in place and the existing support systems continuing, he is actually adding several months to the waiting times for asylum claims to be sorted out? If he had an agreement, he could just use the existing rules.
Chris Philp
On the Select Committee Chair’s question about accommodation and support, I can confirm that it will be available, as I have said already, because not to provide it would breach article 3. That support will be available and people will not fall into destitution.
On the negotiations, back in May—I believe it was 19 May—we tabled an EU proposal on these matters, but if that is not agreed to in the course of the current discussions, we will seek bilateral agreements with various countries. As I said to the right hon. Lady’s Committee a week or two ago, individual member states have been asked by the Commission not to engage in such discussions while the European negotiations are ongoing, so we will commence those as soon as we are able to. Even in the absence of those discussions, it is possible to raise returns cases on a case-by-case basis with member states, which, of course, we can do from 1 January. Critically, the new provisions prepare the way—they lay the foundations—for agreements that we may reach in future, besides facilitating case-by-case action.
Finally, although currently in force, the Dublin regulations have not been terribly effective. The right hon. Lady will know that the numbers we successfully return under Dublin are really rather small, numbering in the low hundreds per year. I am confident that, through active negotiation, not only can we replace Dublin but we can improve on it.
Jack Brereton (Stoke-on-Trent South) (Con)
I thank the Minister for everything he is doing to tackle illegal migration into this country. As he knows, in Stoke-on-Trent we have resettled the largest number of refugees in the region, which has put significant pressure on local services. Will my hon. Friend look at what more can be done to ensure that local services are not overwhelmed, and put more pressure on local authorities in other parts of the country that are not contributing fairly to the rehousing of refugees?
Chris Philp
I thank my hon. Friend and Stoke-on-Trent for their work to welcome genuine refugees, including as part of the resettlement programme. He raises a good point, because some parts of the country decline to take unaccompanied asylum-seeking children as part of the national transfer scheme, thereby putting enormous pressure on gateway authorities such as Kent, Portsmouth, Croydon and Hillingdon; and many other authorities, despite proclaiming themselves to be cities or even nations of sanctuary, often do not give consent for dispersed accommodation for asylum seekers. I say to any of those local authorities and to the devolved Administrations in Scotland and Wales: please help us by accepting unaccompanied asylum-seeking children under the national transfer scheme, particularly from Kent, Portsmouth, Hillingdon and Croydon, and please give consent for dispersed accommodation, because it is essential that we have that available to accommodate people who are seeking asylum.
Jeremy Corbyn (Islington North) (Ind) [V]
Does the Minister recognise that this is a huge global issue; that there are almost 80 million refugees globally; that 85% of them have been taken in by the poorest countries in the world, not the wealthiest; that all of them are human beings; and that those who have made their way to this country, historically and in the current time, have made a massive contribution to our lives and our wellbeing? Can he say something positive about the contribution that refugees make to our society?
In the light of the new regulations, can the Minister give us an assurance that no refugees will be destitute while they are waiting for a decision, that none will be left homeless and that none will be left without food? Sadly, in all our cities one comes across people who are making apparently legitimate claims for asylum but are left in a position of destitution and forced to rely on the faith community merely to survive. Does the Minister not think that we can do a bit better than that in the fifth richest country in the world?
Chris Philp
I have already given the assurance about destitution to the shadow Minister and to the Chair of the Select Committee. The right hon. Gentleman will know that the asylum system in general does provide support, accommodation and other support, the cost of which is getting on for £1 billion a year, so it is generous in nature. He talks about the refugee problem around the world, which we recognise. That is one reason why we spend a great deal of money on overseas aid. Even after the recent adjustment, that will still be many, many billions of pounds, probably in the region of £10 billion, which is more than almost every other country in the world, so we are doing our bit that way.
We are also doing our bit through the resettlement scheme, which I talked about earlier. It is the largest resettlement scheme of any European country—25,000 people over the past five years. Of course I accept that the people who choose to make their home in this country can, and very often do, make a significant contribution, which we welcome. That is why the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), set up the points-based immigration system with the Home Secretary, which went active very recently. It is essential that people either claiming asylum or entering the country for work and other purposes do so legally, and all Members of this House, including the former Leader of the Opposition, should be very clear with migrants in Europe that they should not attempt this dangerous crossing and they should not pay dangerous people smugglers. If they need protection, they should claim it where they are in Europe.
Marco Longhi (Dudley North) (Con)
My Dudley North constituents and I really want to place on record our gratitude to the Home Secretary and her team for the huge efforts that they are putting into fixing our broken asylum system. Does the Minister agree that we must get this legislation absolutely watertight to put a stop to the fraudulent claims that are costing the hard-working taxpayers of this country very dearly?
Chris Philp
I very much agree with my hon. Friend. I am afraid that, as it stands, the legal system is, as my right hon. Friends the Members for Wokingham and for Gainsborough (Sir Edward Leigh) said, unfortunately routinely abused with repeated unmeritorious claims. We are determined to prevent that from happening. Of course people will have a fair hearing, but we cannot have our legal system abused. I am very much looking forward to my hon. Friend’s assistance in making sure that this legislation is tightly drafted to ensure that there are no loopholes.
Mr Alistair Carmichael (Orkney and Shetland) (LD) [V]
I too congratulate the right hon. Member for Romsey and Southampton North (Caroline Nokes) on obtaining this very important urgent question. It is quite remarkable that, but for her efforts, there would be no effective scrutiny of changes of this magnitude. May I take the Minister at his word when he speaks about support for safe and legal routes and perhaps invite him then to update the House on what work he is doing to build a replacement for the Dubs scheme to bring unaccompanied refugee children from Europe to the United Kingdom?
Chris Philp
As I have already said, we have a very effective resettlement scheme, which takes people directly from conflict zones. The resettlement schemes that we have run over the past five years have principally focused, for obvious reasons, on Syria. A total of 25,000 people have come in via those schemes over five years. The Dubs scheme focuses on unaccompanied asylum-seeking children in Europe. If we have to prioritise our scarce resources, we should prioritise people, including children, who are in dangerous places such as Syria, not people who are in Italy, who are already in a safe European country. Furthermore, in terms of UASCs in Europe, this country had more UASC applications last year than any other European country. The figure was about 3,800 applications, which means that we are doing our bit for UASCs in Europe, but it is right that we prioritise people in dangerous places, not people in countries such as Italy when it comes to direct resettlement.
Suzanne Webb (Stourbridge) (Con)
I welcome the immediate steps this Government have taken to overhaul our broken asylum system. What steps is my hon. Friend taking in the longer term to fix the system once and for all?
Chris Philp
My hon. Friend is right: the measures in this set of rules are only a first step. The asylum and immigration system has far more systematic and fundamental problems that cause it, unfortunately, to be abused on many occasions. We need to have fundamental legislative change and, as I said in oral questions just a few days ago, we intend to legislate in the first half of next year to make sure that the legal system is tightened up, so that it cannot be abused and we have a system that is fair to those who need protection, but firm on those trying to abuse it.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I, too, would like to thank the right hon. Member for Romsey and Southampton North (Caroline Nokes) for securing the urgent question. The treatment of asylum seekers already in the care of the Home Office is immensely significant and the Government’s shocking treatment of asylum seekers in Penally camp in Pembrokeshire contrasts with the heart-warming response of local groups who support them as they arrive in the community. Winter is upon us and it remains unclear whether the camp was ever used by the Ministry of Defence during the winter months in the past. The camp is located in a remote rural location, raising questions of whether the Home Office can provide duty of care services effectively. Given those questions, will the Minister commit to set a date for an inspection of the camp by the independent chief inspector of borders and immigration?
Chris Philp
It is not for me to tell the chief inspector how to conduct his inspections and his affairs, but I would say that Penally has been set up in a thoughtful and careful way. We have had to use such emergency accommodation because during coronavirus the number of people we are accommodating has gone up very dramatically, from 48,000 to about 60,000, as the cessations or move-ons we would ordinarily do have been substantially reduced. In the case of negative cessations, they are currently paused entirely across the whole United Kingdom. So that is the reason why it is organised as it is. As I said earlier, if Members, and in particular local authorities and devolved Administrations, want to see the use of hotels and places such as Penally reduced, supporting the Home Office in procuring more dispersed accommodation is the way to do that.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
On accommodation, Clearsprings Ready Homes, which I believe manages the Penally camp and has also managed accommodation in my constituency for many years, made multimillion-pound profits over the past few years, paid one of its directors £147,000 last year—that is more than Dominic Cummings—and took a £2 million dividend in 2019. Yet we hear of squalid, degrading and unsafe conditions at its properties. I have raised those issues over many years with Ministers and officials, but it has been awarded a generous new contract with the Home Office. Why was it awarded that contract? How is it value for money? What will the Minister do to bear down on those appalling conditions?
Chris Philp
The contracts for the three service providers were awarded after a thorough process to evaluate the bids and they are, of course, subject to ongoing scrutiny on issues such as quality of accommodation, in the way that the hon. Gentleman describes. Generally speaking, the accommodation provided is of good quality and it compares very favourably with accommodation provided by some other countries. However, if he would like to write to me with any specific issues he wants to raise in relation to particular units of accommodation in his constituency, I will of course make sure they are investigated.
Felicity Buchan (Kensington) (Con)
I am aware that many asylum seekers are being housed in hotels in central London. Will my hon. Friend reassure me that we are looking to find a long-term solution?
Chris Philp
My hon. Friend is quite right that hotels are being used in central London and, indeed, in other cities. That is a consequence of the very short-term pressures created by coronavirus. It is our intention, as we go into next year and as the coronavirus pandemic abates, to get hotel numbers back down again. For financial and other reasons, it is not ideal to have to use hotels and we would like to phase out their use as quickly as we possibly can in the coming year.
Mohammad Yasin (Bedford) (Lab) [V]
On Christmas eve, the first asylum seekers are due to arrive at the remote site of Yarl’s Wood immigration removal centre, where they will be housed in prefab-style accommodation. We have seen a similar approach in Kent and Wales, where Army barracks are being used, and other sites are planned. That is a lot of activity for what we are told is a temporary arrangement. Will the Minister explain the new policy approach to housing asylum seekers in hostile environments and tell me exactly when it will end?
Chris Philp
It is not a hostile environment. The accommodation meets the required standards. As I explained in my answer to my hon. Friend the Member for Kensington (Felicity Buchan), we are having to provide additional units because the number of people being supported has gone up enormously as a result of coronavirus. Far fewer cessation notices have been served this year than would ordinarily be the case, because we are mindful of the welfare of the people concerned and the wider population. We do intend to scale up the cessations as quickly as we safely can. As we do that, the pressure on numbers will reduce correspondingly.
Bob Blackman (Harrow East) (Con) [V]
I welcome my hon. Friend’s commitment to preventing the criminal gangs from preying on the vulnerable people who make the dangerous crossings from France to the UK. One of the concerns that we all have is about how he will speed up the decision-making process so that those who are entitled to asylum in this country can be speedily resettled, and those who are not entitled to be here can be returned to a safe place as fast as possible. Will he advise the House on what action he will take in the new year to speed up the process so that decisions are made quickly?
Chris Philp
My hon. Friend is right that speeding up the decision making is in everybody’s interests. It will mean that fewer people will need to be accommodated, it will be good for those people who get a positive decision, and for those who have a negative decision we can proceed with removal. Clearly, the coronavirus pandemic has had a negative effect on decision making, but it is now being rapidly ramped up again. We intend to recruit more asylum decision makers in the new year, and we also intend to look at ways of deploying technology, so better IT systems, to speed up processes and decision making. I recently visited Lunar House in Croydon, close to my constituency, where many of the teams who make the decisions are based. The spirit of my hon. Friend’s question is absolutely right, and we certainly intend to act upon it.
Dave Doogan (Angus) (SNP)
This afternoon the Minister has sought to assure Members that the changes to this regime will protect applicants from destitution, but the Joseph Rowntree Foundation estimates that the level of destitution in the UK, among UK citizens, is set to double to 2 million families. Can he explain how he expects Members to accept that the Government will protect asylum seekers from destitution, when they cannot protect 2 million UK nationals?
Chris Philp
We are protecting asylum seekers from destitution at the moment. I have already pointed out that we are spending in the region of £1 billion a year supporting the various cohorts of asylum seekers, and the accommodation and cash allowances that they are provided with have been tested by the courts and found to be suitable, so there is very clear evidence that the Government’s work in this area does the trick. The hon. Gentleman asked about wider issues, so I will just point out that measures such as elevating the minimum wage and increasing the tax-free allowance have done huge amounts over the past five or six years to combat poverty and create prosperity. As the economy recovers next year, after coronavirus, that will continue.
Scott Benton (Blackpool South) (Con)
I know that both my hon. Friend and the Home Secretary are doing everything in their power to stop the illegal crossings on the south coast and the continuing abuse of our immigration and asylum system, but it is perfectly clear that we do need long-term reform. When can we expect the full details of how the Government intend to reform our currently broken system so that the UK is no longer a soft touch?
Chris Philp
I welcome my hon. Friend’s question. We intend to introduce legislation in the first half of next year, but that will of course be consulted on, so that everyone with an interest in the matter, including my hon. Friend and his constituents, can propose ideas and we can make sure the legislation has the desired effect.
Sam Tarry (Ilford South) (Lab)
During this transition period, the Dublin regulations have given the UK temporary power to transfer refugees and migrants back to the EU country from which they arrived. As the ever-shifting deadline looms, I understand that the Home Office has sped up its asylum seeker processing in an attempt to deport vulnerable immigrants, including suspected trafficking victims, before the year’s end. I have dealt with a lot of cases of trafficking victims in Ilford South. I seek reassurance from the Minister that he will seriously consider putting proper screening in place so that anything that is unlawful and could end up creating serious harm can be stopped. Will he consider ending deportation until robust and proper screening is implemented?
Chris Philp
There is a robust screening process in place, via the single competent authority and the national referral mechanism. That is working, I think it is fair to say, extremely effectively, so the risks the hon. Member identifies do not currently exist. This is a matter that is frequently tested in the courts, so we will almost certainly not be stopping removals and deportations. The Government are determined to apply the law, whether to people who have failed in their asylum claims or dangerous criminals who pose a threat to our constituents. I hope the Labour party and the hon. Gentleman will join us in supporting the proper operation of our law and protecting our constituents.
Joy Morrissey (Beaconsfield) (Con)
I welcome the steps the Government have taken to deter dangerous journeys that put human lives at risk. Does my hon. Friend agree that it is a long-standing principle that asylum seekers should claim asylum at the earliest opportunity, in the first safe country they reach? Will he also confirm that safe countries still include France, Italy, Greece, and so on?
Chris Philp
My hon. Friend is right. European Union countries, including the ones she lists, are obviously manifestly safe and civilised countries. People who find themselves in need of protection in those countries should claim asylum there, as she says. They should not attempt dangerous crossings of the English channel, facilitated by ruthless criminals, and every single Member of this House should send the same message.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
These major, fundamental changes to the immigration rules were laid last week, incredibly, with zero consultation with stakeholders such as local authorities and the asylum sector. In the last two years the number of people waiting for longer than six months for a decision has increased almost threefold, with nearly 40,000 people having to wait at least that long. Surely the changes risk creating even greater inefficiency and delays, with people having to wait to find out whether the UK will even consider their asylum claim?
Chris Philp
The changes are designed to ensure that we can enter into agreements with other countries to replace Dublin. They are designed to ensure that people who unnecessarily come to the United Kingdom—often clandestinely, often dangerously and often facilitated by criminals—do not do so, because they could instead claim asylum somewhere safe, such as France or Germany. I hope the hon. Gentleman agrees with me that that is the right thing to do and what we should be encouraging people to do.
On the timing of asylum decision making, as I mentioned in answer to my hon. Friend the Member for Harrow East (Bob Blackman), we want to speed things up, but unfortunately coronavirus has impacted decision making, as it has impacted so many elements of the public service system. However, we are focused on making sure the system speeds up, and that is a top priority for the coming year.
Mr Richard Holden (North West Durham) (Con)
I thank the Minister and the Home Secretary for everything they are doing in this area. Does the Minister agree that the attitude of many Opposition Members in objecting to the deportation of convicted criminals, including murderers and rapists, harms the case of genuine refugees? Will he act to overhaul the rules, which see some lawyers abusing the system, to the detriment of taxpayers in North West Durham and across the country, and also genuine refugees?
Chris Philp
My hon. Friend is absolutely right. We saw in our debate a couple of weeks ago some Opposition Members, astonishingly, standing up for the rights of people who have been convicted of extremely serious criminal offences, instead of standing up for the rights of victims or the rights of our constituents to be protected against the harm that those dangerous individuals represent. He is also right when he points out that unmeritorious claims crowd out, or push further back in the queue, the claims of those who have every right to protection. That is why we are determined to legislate next year to ensure that those whose claims are genuine are treated quickly and fairly, but that where people do not have a good claim and are abusing the system, the system is firm and rejects those claims.
Chi Onwurah (Newcastle upon Tyne Central) (Lab) [V]
As a city of sanctuary, Newcastle seeks to support those fleeing war and persecution, but all too often the Home Office places them in accommodation that is unsuitable, inadequate or plain disgusting, and where they may be targeted by far-right groups, as happened recently in Newcastle, and then leaves them for months or years without proper consideration of their case, at great cost to the mental wellbeing of those who are already vulnerable. Am I right to think that the Minister’s solution to this is now to arbitrarily reduce the cases considered, rather than actually fixing the process?
Chris Philp
The Government’s policy, as I have laid out, is to do everything we can to make sure that where people wishing to claim asylum are already in a safe, civilised country like France, Germany or Spain, they claim asylum there and do not attempt a dangerous journey facilitated by ruthless criminals. That is the right thing to do, and I would hope to have the hon. Lady’s support in doing it.
Lee Anderson (Ashfield) (Con)
The people of Ashfield and Eastwood are fed up with seeing illegal economic migrants leaving safe countries such as France to claim asylum in the UK while filling the pockets of greedy lawyers. I welcome the immediate steps the Government are taking to overhaul our broken asylum system, but the people of Ashfield and Eastwood want to know what steps my hon. Friend is taking in the longer term to fix this system once and for all.
Chris Philp
My hon. Friend is right in the sense that the system does not work currently in the way that it should. People are able to make repeated, unmeritorious and sometimes vexatious claims to frustrate the system and prevent removal. For that reason, we will legislate in the first half of next year to make sure that the system is fundamentally fixed and fundamentally reformed in a way that will give his constituents the confidence they have every right to expect.
Chris Stephens (Glasgow South West) (SNP)
The Minister will be aware that Glasgow has housed and accommodated asylum seekers for almost 20 years—something of which we are very proud. Can he say a bit more about how those who may be considered to be inadmissible under the new rules will be supported and accommodated? Will they, for example, be placed in detention centres, camps, barracks and hotels—he will be aware that a group of doctors has written to the Department with concerns about the conditions for asylum seekers in these sorts of accommodation—or is he going to rule out those sorts of accommodation going forward?
Chris Philp
Glasgow does accommodate a large number of asylum seekers. We work very closely with Glasgow City Council and the Communities and Local Government Secretary in the Scottish Government on that topic. Glasgow is the only Scottish authority to receive asylum seekers. It would ease the pressure on Glasgow, and indeed across the United Kingdom, if other Scottish local authorities were able to accommodate asylum seekers as well. In terms of the type of accommodation provided, the inadmissible cohort, although inadmissible, will be entitled to accommodation, as I have said, and the support that goes with that. We will make sure that the support they receive fully complies with all our legal and moral obligations.
Richard Fuller (North East Bedfordshire) (Con)
I thank my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) for asking this question. The vast immigration detention estate, in all its forms, is a standing indictment of our failed immigration system, which, as the Minister knows, every day carries with it a risk. He is right to focus on reform, although I would say that the goal is not so much to be fast and furious as to be fair and accurate.
My question relates to the security of some of the barracks accommodation and other accommodation that is being provided. There have been some reports of asylum seekers leaving these estates and not coming back. What inquiries has the Minister undertaken, and what reassurance can he give to communities where these sites are located?
Chris Philp
The size of the immigration detention estate has actually shrunk considerably over the past five or six years. I think I am right in saying that it has reduced in size by, very approximately, 50%. Detention is used sparingly and only as a necessary precursor to removal. On the accommodation for people seeking asylum, this is not detention. The people are not detained and are free to come and go as they choose, but obviously those operating the sites keep a very careful eye on them. For example, there is a process of signing in and signing out, and if people are not back on the site by 10 pm each evening, then inquiries are made. Although the people in the centres are not detained, very careful measures are taken to understand their whereabouts to make sure that nothing untoward happens in the local communities. I hope that my hon. Friend will take that as reassurance, but I would be happy to discuss these issues further, particularly in the Yarl’s Wood context, if he would like to do that.
Jim Shannon (Strangford) (DUP)
I thank the Minister for his response to the questions so far. The changes explain that an asylum claim can be reinstated after a “reasonable period of time” if another safe country is unable to admit that person. Can the Minister outline what a reasonable period is, what support will be given in the interim period, and what processes are in place to support people whose claims are deemed inadmissible in the United Kingdom?
Chris Philp
I can assure the hon. Member that while the process unfolds of seeking another country to receive the person, support will be made available to avoid the risk of destitution. The reasonable length of time taken to secure the agreement of another country will be laid out in guidance shortly, but it will be a matter of a few months; it will not be an extended period.
James Sunderland (Bracknell) (Con)
Britain’s broken asylum system is currently costing the taxpayer over £1 billion per year. Does the Minister agree that a decisive push is now needed comprehensively to deal with and process more quickly the 60,000 asylum seekers currently in supported accommodation, and to disincentivise others from making the perilous journey across the channel?
Chris Philp
Yes, I do agree. In fact, some of those 60,000 are people whose asylum claims are not pending but whose asylum claims have been rejected, and where the legal process has been convoluted and removal has not been effected. One of the things that we intend to do in our Bill is ensure that failed asylum seekers can be more quickly returned to their safe country of origin, which, of course, is what should happen. My hon. Friend is right that we need to speed up asylum decision making and get these numbers down. That is fair to individuals who have a valid asylum claim, but also to the taxpayer, upon whom otherwise falls an extremely large financial burden. I agree entirely with my hon. Friend’s sentiments.
Vicky Foxcroft (Lewisham, Deptford) (Lab) [V]
Lewisham is proud to be a borough of sanctuary, and the council has stated that it will not collaborate with the Home Office in enforcing new immigration rules that make rough sleeping a legal ground to cancel or refuse permission to stay in the UK. As we enter the coldest months of the year, how can the Minister justify these rules when they risk deterring rough sleepers from seeking help and threaten to put many lives at risk?
Chris Philp
The Government have been extremely clear that the rules on rough sleeping to which the hon. Lady refers only apply where the person concerned has persistently refused offers of help and support, and are engaging in persistent antisocial behaviour. It is expected to be used in an extremely small number of circumstances. Of course everybody will be offered help and support to get off the streets. The Government have invested about £700 million this year alone in helping people to get off the streets and into accommodation. She mentions Lewisham’s desire to assist. One way in which the London Borough of Lewisham can certainly assist is by taking on some unaccompanied asylum-seeking children who are arriving in Kent. I look forward to hearing from her and from the leader of her authority as to exactly how many of those children they propose to take in over Christmas.
Mr Deputy Speaker (Mr Nigel Evans)
I thank the Minister for his statement and for responding to questions for approaching an hour. We are now going to suspend for three minutes for the sanitisation of the Dispatch Boxes, and the safe exit and arrival of Members of Parliament.
Oral Answers to Questions
Chris Philp Excerpts(3 years, 4 months ago)
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Gareth Bacon (Orpington) (Con)
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
As the Home Secretary has already announced, we will embark next year on one of the biggest ever reforms of our asylum system. The system is in need of fundamental reform in which the principles will be firmness and fairness—fair in that we will rapidly grant claims that are meritorious, but firm in the sense that, where claims do not have merit, we will rapidly refuse them and ensure that people cannot have endlessly repeated bites of the cherry, which sadly is the case at the moment.
Peter Gibson [V]
We are all rightly proud of the UK’s history as a safe haven for the persecuted, but can my hon. Friend outline what steps his Department is taking to ensure that claims of asylum from unsafe countries are being prioritised over those from inherently safe countries such as France?
Chris Philp
My hon. Friend is right to raise this issue. The United Kingdom’s resettlement scheme aims to take people directly from dangerous conflict zones, such as those around Syria, into the United Kingdom. We have run the biggest resettlement scheme of any country in Europe over the last five years. In terms of preventing claims from safe countries, he will be aware that we introduced some inadmissibility rules a few days ago, and we are working with our French colleagues to prevent these very dangerous small boat crossings from France to the UK. Thanks to that work, I am pleased to be able to report to the House that over the last three months since September, the number of small boat crossings per calm-weather day has come down by over 60%. That is testament to the great work being done by UK officers and by our colleagues in France as well.
Chris Green
It is immensely important that asylum seekers and refugees received the welcome and support they need when seeking sanctuary in the United Kingdom, but does my hon. Friend agree that those who are rejected should leave the country promptly?
Chris Philp
I agree entirely with my hon. Friend. Where an asylum claim has been rejected, it is only right and fair that the person whose claim has been rejected should leave quickly. Sadly, that is not always the case. In fact, we are currently accommodating some thousands of failed asylum seekers at public expense, but it is right that they should leave when their asylum claim has been rejected. One of the problems is that repeated appeals and last-minute claims can go on almost without limit and we intend to legislate in the first half of next year to ensure that that breakdown in process—that breakdown in the system—no longer happens.
Caroline Nokes [V]
The failure to manage the backlog of asylum claims has led to the Minister planning open prison-style camps in temporary accommodation in unsuitable locations, remote from healthcare services. Can he explain to the residents of Barton Stacey how the changes laid to the immigration rules last week are going to help? Does he not run the risk of establishing a separate tier of asylum seekers who cannot have their claims processed but cannot be returned to any European Union country because no agreement exists to enable that to happen? And does that mean that they will be permanently stuck in limbo?
Chris Philp
The large numbers being accommodated are to some degree a consequence of covid because, as my right hon. Friend will know, we have been running significantly lower levels of move-ons for people whose asylum claims have been decided. For example, no negative cessations are happening at all at the moment, and that has led to a significant increase in the number of people being accommodated. As we move out of coronavirus next year, we hope to get those numbers rapidly back down again.
In relation to my right hon. Friend’s question about the immigration rules, they are laying the foundations for our post-transition period system. As she knows, we are currently in the Dublin system, which provides for people who have claimed asylum elsewhere to be returned to those countries, including France, Germany and Spain. It is our intention to open discussions with those countries as soon as we are able to do so, in order to bring into force similar measures after the transition period ends.
Aaron Bell
My hon. Friend will be aware that approximately 60,000 people are currently stuck in our asylum system. Does he agree with me and my constituents in Newcastle-under-Lyme that we must get this reform through, not only to treat those people fairly but to treat the taxpayer fairly? We should not be picking up the tab for a bloated and broken system.
Chris Philp
My hon. Friend puts it perfectly. It is unfair on the taxpayer to have people whose claims have been rejected still subsisting in accommodation, and it is unfair on people with meritorious claims, whose claims take longer to hear because the system is not operating in the way it should. We certainly will be reforming it to address the issues he is rightly raising, and he can look forward to supporting legislation in this House in the first half of next year to do exactly that.
Gareth Bacon
The law on asylum is dated and complex. Loopholes have been exploited for many years and, as my hon. Friend has stated on many occasions, tougher legislation is required. Will he advise the House as to when that legislation will be presented?
Chris Philp
I thank my hon. Friend for that question. As I said, we will be introducing legislation in the first half of next year. It will aim to be fair to people with meritorious claims, to make sure that their claims are decided quickly and they are properly looked after. For people who have no valid claim or who seek to bring repeated, vexatious claims, often at the last minute, in order to frustrate removal, we will be shutting down those avenues, which are being abused. This is to make sure the system works fairly for those who need protection, but prevents abuse.
Harriett Baldwin (West Worcestershire) (Con)
Scheduled Mass Deportation: Jamaica
Chris Philp Excerpts(3 years, 5 months ago)
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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.
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Bell Ribeiro-Addy (Streatham) (Lab)
(Urgent Question): To ask the Secretary of State for the Home Department to make a statement on the scheduled mass deportation by charter plane to Jamaica.
The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
This charter flight to Jamaica is specifically to remove foreign criminals. The offences committed by the individuals on this flight include sexual assault against children, murder, rape, drug dealing and violent crime. Those are serious offences, which have a real and lasting impact on the victims and on our communities. This flight is about criminality, not nationality. Let me emphasise: it has nothing to do with the terrible wrongs faced by the Windrush generation. Despite the extensive lobbying by some, who claim that the flight is about the Windrush generation, it is not. Not a single individual on the flight is eligible for the Windrush scheme. They are all Jamaican citizens and no one on the flight was born in the United Kingdom. They are all foreign national offenders who between them have served 228 years plus a life sentence in prison.
It is a long-standing Government policy that any foreign national offender will be considered for deportation. Under the UK Borders Act 2007, which was introduced and passed by a Labour Government with the votes of a number of hon. Members who are present today, a deportation order must be made where a foreign national offender has been convicted of an offence and received a custodial sentence of 12 months or more. Under the Immigration Act 1971, FNOs who have caused serious harm or are persistent offenders are also eligible for consideration.
Let me put this flight in context. In the year ending June 2020, there were 5,208 enforced returns, of which 2,630, or over half, were to European Union countries, and only 33 out of over 5,000 were to Jamaica—less than 1%. During the pandemic, we have continued with returns and deportations on scheduled flights and on over 30 charter flights to countries including Albania, France, Germany, Ghana, Lithuania, Nigeria, Poland and Spain, none of which, I notice, provoked an urgent question. The clear majority of the charter flights this year have been to European countries.
Those being deported have ample opportunity to raise reasons why they should not be. We are, however, already seeing a number of last-minute legal claims, including, in the last few days, by a convicted murderer, who has now been removed from the flight.
This Government’s priority is keeping the people of this country safe, and we make no apology—no apology—for seeking to remove dangerous foreign criminals. Any Member of this House with the safety of their constituents at heart would do exactly the same.
Bell Ribeiro-Addy
First, no one opposing this flight condones any of the crimes that these individuals have been found guilty of. It is the process of mass deportation that is fundamentally wrong, and it is notorious for bundling people out of the country without due process. Does the Minister recognise that this decision effectively amounts to double jeopardy when those involved in some lesser offences have already served their custodial sentence? Does he recognise the message that that sends about the consequences of being a white offender or a black offender, given the racial disparities in sentencing?
I hope the Minister agrees that no one is above the law, not even the Government, and that no one is beneath adequate defence and proper legal representation, not even those born in other countries. Will he therefore outline whether the deportees have been granted access to adequate legal advice and representation, and whether any have been allowed to appeal this decision, particularly given the lockdown restrictions and the likelihood that they would have no access to legal aid?
On being above the law, the Equality and Human Rights Commission recently found that the Home Office unlawfully ignored warnings that the hostile environment was discriminatory. Can the Minister explain why the Government are so comfortable continuing with a key part of the hostile environment policy when it has been so damningly called into question? Has he considered the 31 children who will be impacted by having a parent removed from this country?
The Home Office has got it wrong again and again on immigration. Will it therefore think again, halt this deportation flight and finally end the illegal hostile environment?
Chris Philp
The hon. Lady speaks of what she calls mass deportations. I have already pointed out that, over the last year, of the 5,800 people who have been removed, only 33 have been of Jamaican nationality.
The hon. Lady mentioned black versus white. She was insinuating in her question that there was some element of underlying racism in this, but I have pointed out already that the vast majority of people who have been removed this year have been removed to European countries. This policy applies to people from Spain, France and Italy as much as it does to people from Jamaica. There is no element of discrimination in this policy whatever, and the hon. Lady was completely wrong to insinuate that, in some way, there was.
The hon. Lady asked about double jeopardy. She said that these people have been punished by a prison sentence already, but I say this: if somebody comes to this country, commits a serious criminal offence and puts our constituents at risk, it is right that, once they have served their sentence, or a great part of it, they should be removed. It is not just me who thinks that; it is the Labour Members who voted for this law in 2007 who think that, some of whom are sitting in this Chamber today.
The hon. Lady mentioned the EHRC and the compliant environment. This case is nothing to do with the compliant environment; it is about implementing the Borders Act 2007, as we are obliged to do. In terms of due process, there are ample opportunities to complain and appeal, as many people do, and I have mentioned already the case of a murderer who was taken off the flight just a few days ago following legal appeals.
We are protecting our fellow citizens, and I suggest that the hon. Lady takes a similar approach.
Bob Blackman (Harrow East) (Con) [V]
Will my hon. Friend make it clear that people who come to the United Kingdom to contribute to our economy and our society are most welcome, but that those who come from foreign countries and then commit the most heinous of crimes, be it murder, sexual violence, violence against children or violence against the person, can expect to experience the full force of law and then be required to leave the country at the end of their sentence? Does he agree that, far from the public disagreeing with that, they are wholly in support of it and expect the Government to take this action to keep society safe?
Chris Philp
My hon. Friend, as always, puts it very well. Of course, when people come to this country as immigrants and make a contribution—to academia, to the work environment, and in myriad other ways—we welcome them with open arms. Our new points-based system, which will become active in just a few days’ time, does precisely that. However, as he says, if somebody comes to this country and enjoys our hospitality, but abuses that hospitality by committing a serious criminal offence, they can, should, and will be removed in the interests of public protection.
Holly Lynch (Halifax) (Lab)
I first pay tribute to my hon. Friend the Member for Streatham (Bell Ribeiro-Addy) for having secured such an important and time-critical urgent question. I also pay tribute to my right hon. Friend the Member for Tottenham (Mr Lammy) for his previous work and advocacy in this important area.
The news of this flight comes just days after the Equality and Human Rights Commission found that the Government, as we have heard, acted unlawfully in their treatment of the Windrush generation through the hostile environment. As Caroline Waters, the chair of the EHRC, said,
“The treatment of the Windrush generation as a result of hostile environment policies was a shameful stain on British history.”
There is no clear timetable for implementing the recommendations of the Wendy Williams report, and with just 12% of applicants having received a payment and at least nine people having died waiting, the Windrush compensation scheme is failing badly. In his written response to me over the weekend, the Minister said that it is wrong and offensive to conflate this returns flight with the Windrush scandal, but I am afraid that given this Government’s track record, their failings on Windrush and the delays in the compensation scheme, we simply have no faith that this Government have done their due diligence in relation to those on this scheduled flight, and we would not be doing ours if we did not ask the questions.
Of course, we recognise that those who engage in violent and criminal acts must face justice. However, we also hear that at least one person on that flight has a Windrush generation grandfather; there is another whose great-aunt was on the HMT Windrush, and another whose grandfather fought in the second world war for Britain. It is clear that we have not yet established just how far the consequences of the Windrush injustice extend. With that in mind, what assessment has been made to ensure that none of those scheduled to be on the flight are eligible under the Windrush scheme, or have been affected by the wider immigration injustices that impacted the victims of the Windrush scandal? What assurances can the Minister provide the House that the mandatory duty to safeguard and promote the welfare of the children left behind, who are innocent in this, has been considered?
It has also been reported that the Home Office has reached an agreement with the Jamaican Government that people who left Jamaica as children will no longer be repatriated. Can the Minister confirm whether this is the case, and can he also confirm what age someone would need to be to have been determined to be a child?
Chris Philp
The hon. Lady, the shadow Minister, asks about the Windrush scheme. As she will be aware, over 6,300 people have now been given citizenship, quite rightly, and 13,300 documents have been issued to those people who suffered terrible wrongs in the past. In terms of compensation, 226 people have now received claims totalling in excess of £2.1 million, with a great deal more to pay out. I can also confirm that all of these cases on the plane have been individually assessed, and none of them is eligible for the Windrush compensation scheme.
The hon. Lady spent a great deal of time talking about Windrush during her question, but I say again—as I said in my letter to her—that it is completely wrong to conflate the people who were the victims of terrible injustice in the Windrush cases with these cases, who are nothing to do with Windrush, have no Windrush entitlement at all, and have committed terrible criminal offences. She also asks about the age eligibility. The Government are fully committed to discharging their obligation under the 2007 Act, which is to seek to remove anyone of any age who has been sentenced to a custodial term of over 12 months. That has been, is, and will remain our policy.
I am not going to comment on the individual operational circumstances surrounding any particular flight, but we are fully committed to the 2007 Act’s provisions. In relation to children, there is a well defined test around family rights and how they interact with removal. It is possible for people to go to the courts if they want to test their family rights against the Government’s obligations to remove them. But we are clear that our priority is protecting British citizens from dangerous criminals, and that is what we are doing.
Ben Bradley (Mansfield) (Con) [V]
The overwhelming majority of Mansfield residents will feel that foreign criminals of any nationality who violate our laws and our values should be removed from this country. Will my hon. Friend assure me and my constituents that it is public safety that is at the front of his mind; will he be clear that Labour’s attempts to draw everything into an argument about race are both plainly wrong and quite brazenly an attempt to silence people it disagrees with; and will he call out those celebrities who have spent the weekend trying to use their public profiles to shame businesses into not helping to remove murderers from the UK?
Chris Philp
I agree with my hon. Friend’s sentiments. This is about protecting the British public. I am aware of cases where people have been removed from the deportation or removal programme owing to various appeals and have then gone on to commit crimes against our fellow citizens. It is precisely the kind of repeat crimes that damage our fellow citizens, our constituents, that we are seeking to prevent.
In relation to the celebrities and everything they have been saying, they should pay attention to the fact that, as I said before, the majority of removals and deportations are to European countries, and any suggestion that there is a racial element to this is obviously confounded by a straightforward look at the facts. Over half of the flights are to European countries. Less than 1% of removals in the past year have been to Jamaica, and anyone who is assisting the Home Office in those flights is doing a service to the country by protecting our fellow citizens.
Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]
While some deportation decisions are clear cut, many more involve careful balancing exercises weighing up a whole range of factors. The problem is that it is very difficult to trust the Home Office to make those judgment calls as week after week its policies and practices are torn to pieces in report after report. Stephen Shaw, in his Government-commissioned report, said that the deportation and removal of people brought up here from a young age was “deeply troubling” and entirely “disproportionate”. Why not act on that advice and exclude in law the deportation of those who have spent their childhood years here?
More broadly, why not commission Stephen Shaw to review the whole framework on deportation ? Until something like that happens, we simply cannot and will not have any faith in those decisions. The Minister appears to repeatedly conflate deportations and removals, so can he give us the separate figures for deportations only?
Chris Philp
In relation to deportations only, the 1% figure is very similar to the figure for removals more generally. In relation to the hon. Gentleman’s point about Stephen Shaw, we did not accept his recommendation about age back in 2018, and we do not accept it now. We remain fully committed to implementing the obligations imposed by the UK Borders Act 2007, as passed by the last Labour Government. In terms of due process and decision making, of course there is an extensive set of legal processes that anyone is able to avail themselves of, and they frequently do. I mentioned that just a few days ago somebody convicted of murder got themselves taken off the flight by launching just such an appeal, so there are plenty of processes—I say that advisedly—that people can avail themselves of if they disagree with any particular decision.
Jack Brereton (Stoke-on-Trent South) (Con)
The Opposition have been very clear that they oppose the Government’s efforts to deport foreign criminals who pose a risk to the British public and the people of Stoke-on- Trent. Does my hon. Friend agree that the Conservative party is the only party committed to law and order, evidenced further by our extra funding for more police?
Chris Philp
My hon. Friend is absolutely right. He is a great champion for the people of Stoke-on-Trent and in ensuring their safety as well. It is very disappointing to hear Labour Members questioning the removal of dangerous foreign nationals, although, interestingly, they are only raising it now, when we have had more than 30 charter flights go this year. This is the first time they have thought to raise this issue. This Government will defend the public and stand up for the safety of our constituents, and that is what we will do on Wednesday.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
The Minister will understand that there is a backdrop of distrust among the communities affected by the Windrush scandal that he should be trying to address in order to build confidence in deportation decisions. Given the Home Office’s response to a previous Select Committee report on Windrush that identified 32 people who had been deported as deemed foreign national offenders but who were likely to be part of the Windrush generation and whose circumstances had never been investigated, and given that the National Audit Office and Wendy Williams have recommended that the circumstances of those cases should be investigated, will he now do so?
Chris Philp
Let me start by offering the Home Affairs Committee Chairman reassurance in regard to the flight this week. All the people in scope for that flight have had their cases individually checked, and none of them is in the scope of the Windrush compensation scheme. As I have said, none was born in the United Kingdom. So those checks that she rightly calls for have been diligently carried out. In relation to the 32 historical cases that she refers to, I will look into that and write to her.
Tim Loughton (East Worthing and Shoreham) (Con)
I find it extraordinary that the Opposition should choose an urgent question to plead the case for serious foreign criminals rather than standing up for the victims of crime, particularly on a day when an urgent question might be more appropriate on the issue of the imminent and extraordinarily early release of a woman, Mairead Philpott, who was jailed for the killing of six of her own children. Can my hon. Friend—
Tim Loughton
I am not criticising you, Mr Speaker; I am just questioning priorities. Can I ask the Minister how much we are spending already on housing these foreign criminals in the UK, and how much taxpayers’ money is being wasted on chartering places on flights that are not taken, often at the last minute?
Chris Philp
I certainly concur that Mr Speaker is wholly infallible in all matters.
I share my hon. Friend’s surprise at this question being tabled when the Government are simply discharging not only their duty but their obligation under an Act of Parliament passed by the last Labour Government, with the votes of a number of Members who are sitting on the Opposition side of the Chamber this afternoon. We are doing the right thing by protecting our fellow citizens. Many of the people concerned were living in the community rather than being housed. Our principal objective is public safety rather than finances, but his last point about charter flights is right. We suffer astonishingly high levels of legal attrition on these flights, largely as a result of legal claims often made at the very last minute—sometimes I wonder if they are intentionally made at the last minute—and we need to tighten up our legal system. As my hon. Friend may know, the Government intend to legislate next year to do exactly that.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
Even if the Home Office were halfway competent in dealing with these matters, this area would still be absolutely fraught with difficulties, as the figures given to the House by the Chair of the Home Affairs Committee indicate. It has been reported that the Government have now entered into an agreement with the Government of Jamaica regarding this flight and others. When will that agreement be published?
Chris Philp
We do not have any formal agreements. What we have is an ongoing dialogue about any individual flight or any individual operational circumstance, but let me make it completely clear that our commitment to discharging our duty under the 2007 Act, which is to seek to deport anyone committing an offence of over a one-year sentence, regardless of their age on arrival, remains steadfastly in place.
Rob Butler (Aylesbury) (Con)
As a magistrate and on many prison visits, I have frequently encountered criminals who came to the UK from overseas and committed serious offences that caused pain, suffering and long-lasting psychological harm. Does my hon. Friend agree that the responsibility of all of us across this House is to stand up for the victims of those crimes?
Chris Philp
My hon. Friend, speaking as a magistrate, hits the nail exactly on the head. The principal concern of Members of Parliament should be protecting the victims of crime and protecting our constituents from the harm that might otherwise be done to them by foreign national offenders. That is precisely why it is right to remove foreign national offenders—so that they cannot commit any more offences against our constituents.
Ms Diane Abbott (Hackney North and Stoke Newington) (Lab) [V]
Does the Minister accept that many people feel that this mass deportation is both cruel and potentially dangerous: cruel because he is separating, just weeks from Christmas, families of people who have served their sentence; and possibly dangerous because he is deporting vulnerable people—communities that we know are particularly vulnerable to coronavirus—in the middle of a pandemic?
Chris Philp
The right hon. Lady asks whether this is the right thing to do. The answer to that question is categorically yes—an answer that she herself gave when she voted in 2007 for the Act of Parliament under which the Government are required to carry out these deportations. The right hon. Lady voted for this measure herself. In relation to coronavirus risks, as I said already, we have been carrying out these flights throughout the entire summer and autumn period, using methods that the High Court has found to be covid-safe in immigration removal centres, such as reverse cohorting, distancing, frequent testing, temperature checks and so on and so forth. I therefore do not accept the right hon. Lady’s point. Let me say this again: the overwhelming consideration for Members of this House should be the protection of our constituents.
Marco Longhi (Dudley North) (Con)
Does my hon. Friend agree with me and my constituents in Dudley North that any person who comes to this country, engages in criminal activity, breaks our laws and abuses our hospitality has no place in our society, and that the Government are therefore doing the correct thing in the interests of national security by removing these people from our country?
Chris Philp
Yes, I agree entirely. As I have said repeatedly, we are protecting our constituents from harm. These are dangerous offenders, whose offences including murder, rape and sexual assault against children. It would be irresponsible of us to allow people such as that to remain in this country when they are not nationals of the United Kingdom.
Afzal Khan (Manchester, Gorton) (Lab) [V]
Last week, the Equality and Human Rights Commission concluded that the hostile environment policies pursued by this Government broke equalities law. Specifically, the EHRC noted:
“When negative equality impacts were identified by the Home Office and stakeholders, they were repeatedly ignored, dismissed, or their severity disregarded”.
With that in mind, can the Minister say with absolute certainty that neither his Department nor any stakeholders have identified any negative equality impacts with this scheduled deportation flight? If he cannot, does he not then agree that the flight should be halted immediately?
Chris Philp
This flight and others like it are not part of the compliant environment to which the EHRC report referred. This is taking place as a statutory obligation under an Act of Parliament that was passed, as I have said already, by the last Labour Government. I am confident that they gave careful consideration to the equalities implications of the Act of Parliament that they passed. As I have also said, we have looked at each case individually and are confident—we know, in fact—that none of these cases are Windrush eligible. On the question of the equalities impact more widely, I have already pointed out two or three times that the majority of people subject to these charter flight deportations and removals are going to the European Union, which should tell the hon. Member a great deal.
Caroline Nokes (Romsey and Southampton North) (Con) [V]
Can my hon. Friend explain what level of discretion the 2007 Act gives Ministers and reassure the House that both he and my right hon. Friend the Home Secretary have considered every single case on this flight and deem them to be suitable for deportation under the conditions of that Act?
Chris Philp
We are very mindful of the obligations placed upon the Home Office and the Government by the terms of the 2007 Act, and we seek to fully abide by its terms. As I said, everyone in the scope of the charter flight going in a few days’ time has been very carefully considered to ensure that they are fully compliant with the obligations imposed by the Act.
Abena Oppong-Asare (Erith and Thamesmead) (Lab)
The cost of deportation—economic, ethical and, most importantly, human—cannot be justified. Can the Minister confirm that an equalities impact assessment has been completed regarding these proposed deportations, to demonstrate that due regard has been paid to equalities legislation?
Chris Philp
The hon. Lady talks about human cost. Let me tell her about the human cost caused by these criminals. What about the children who have been sexually assaulted by these criminals? What about the victims who have been murdered by these people? What about the victims of violent assault? What about the people whose lives have been ruined by drug addiction or who have been the victims of rape? What about those human tragedies? The hon. Lady and many Opposition Members appear to have nothing whatsoever to say about the human tragedy of the victims. Let us put the victims at the centre of today’s debate. They are the people we should be standing up for and speaking for. This Government will protect them. Why will she not?
Christian Wakeford (Bury South) (Con)
Welcome to the modern Labour party—more concerned about stopping the deportation of foreign criminals than keeping our streets safe. We on the Government Benches do take that obligation and duty seriously; that is why we are taking these measures. I thank my hon. Friend for all the work that he is doing to deport these foreign serious criminals and make our country safer. Can he confirm that this Government are removing foreign criminals from the UK every week and that this flight is no different?
Chris Philp
My hon. Friend is absolutely right: it is this Conservative Government who are prioritising the victims and public safety. He is also right to say that the deportation of foreign national offenders, as we are required to do by law, happens as a matter of routine, week in, week out.
Dr Philippa Whitford (Central Ayrshire) (SNP) [V]
Happy St Andrew’s day, Mr Speaker. This is not just about whether people are themselves connected to the Windrush generation. Deporting those who have been in the UK since childhood shows that the lessons of Windrush have not been learned. The Minister keeps referring to murderers and rapists, yet deportation applies to those with sentences as short as 12 months. Is it not time to provide legislative certainty and protection for those who come to the UK as children? Can the Minister say how many were originally included in this flight?
Chris Philp
I would like to reciprocate by wishing the hon. Lady a happy St Andrew’s day as well; I am sure the whole House will join me in that.
When it comes to removing people who are not British citizens—who are citizens of another country—but who put our constituents at risk, it is right that we move to deport as we currently do. The debate about whether some age threshold is appropriate is one that this House had in 2007, when the House rightly decided that anyone who is convicted of an offence and sentenced to more than a year is in scope. [Interruption.] The right hon. Member for Tottenham (Mr Lammy) says something from a sedentary position. He himself voted for that Act, so he expressed his opinion on this matter in the Division Lobby back in 2007.
Brendan Clarke-Smith (Bassetlaw) (Con)
I fully support what my hon. Friend is doing to deport these dangerous criminals and to keep people in this country safe. Is he as concerned as I am by reports that activist lawyers are trying to thwart the Government’s legal efforts to deport these criminals and keep the British people safe?
Chris Philp
My hon. Friend is right to raise concerns about abuse of legal process. We find, not just in this context but across the entire immigration system, that last-minute claims are made—often immediately before removal or deportation, often 24 hours in advance—even though there has been plenty of opportunity to make such a claim previously, apparently with the express intention of frustrating the process. There is also an opportunity for people to raise repeated claims in sequence and sometimes over a period of many years in a manner that would appear to me to be potentially vexatious. That is something that the Government need to act on to sort out—my hon. Friend is right—and we do intend to legislate next year to close precisely the problematic areas to which he rightly refers.
Andy Slaughter (Hammersmith) (Lab)
My constituent on this flight came to the UK in 1997 aged 26. He married a British citizen in 2004 and has two children aged 21 and 18. He was in prison for two years, and had he not been he would have been able to complete the process of indefinite leave to remain. His life was under threat when he was in Jamaica. It will be under threat if he is returned there. He is on suicide watch at the moment and has an active asylum claim. He was picked up last week and due to be deported this week. Will the Minister at least agree that this is not a proportionate reaction and that this flight should be delayed at least to give the opportunity for proper legal advice to be taken?
Chris Philp
I have the particulars of the case in front of me. He was sentenced to four years and served two. The offences were very serious indeed. No, we certainly will not be stopping the flight, but I do know that the hon. Gentleman has written to me about this particular case and I will, of course, respond to his letter.
Gareth Johnson (Dartford) (Con)
Will the Minister commit to review any law that prevents the deportation of these people, because no law should stop us removing foreign nationals who have committed very serious criminal offences, thereby undermining the very kindness and the hospitality that we have shown them and abusing the process in doing so?
Chris Philp
I entirely agree with my hon. Friend and I can give him that assurance. He puts it very well. We have extended a welcome and hospitality to people who come to this country, and rightly so. We have a long and proud history of welcoming people who make a contribution to our society, and this Government are the first to recognise the enormous contribution that people who have come to this country as immigrants have made, and the points-based system embraces that very principle. Where people abuse our hospitality by committing serious criminal offences, it is right that we remove them.
Dawn Butler (Brent Central) (Lab) [V]
The Minister does not seem to understand the sensitivities around the Windrush scandal, but nobody is arguing about deporting very serious violent criminals. Can the Minister say with certainty that nobody on this flight has been committed of just driving offences or has been groomed as a child?
Chris Philp
As the hon. Lady will know, only people who have been sentenced to a custodial sentence of a year or more are eligible, so, clearly, minor driving offences are outside the scope of that. It applies only to people who have been sentenced to a year or more in prison. She knows that very well because she voted for the Act of Parliament in 2007 that instituted these measures.
Philip Davies (Shipley) (Con)
The fact that it is in any way controversial to deport foreign nationals who commit serious offences and are persistent offenders shows just what a farce the Labour party has become in recent years—Lord knows what the public must think of this exchange. May I say to the Minister that the overwhelming majority of my constituents will absolutely support what he is doing? Actually, they would want him to ignore the siren voices from the party opposite, and make it easier to deport foreign nationals who commit offences—perhaps to take in those who commit any offence at all, not just those who have to serve more than a year in prison.
Chris Philp
I am very grateful for the support emanating from the people of Shipley. I think the public will be astonished to see Labour MPs standing up on the side of dangerous criminals instead of on the side of victims and, even more importantly, people who might be victims in the future. On improving the legal system so that we can more readily deport people who are dangerous—dangerous criminals and others—we do, as I say, want to legislate to improve the system. It does not really work at the moment as it should, and my hon. Friend will have plenty of opportunities to support legislation with that purpose in mind next year.
Kim Johnson (Liverpool, Riverside) (Lab)
Government plans to push ahead with the mass deportation of 50 people to Jamaica this week are both obscene and irresponsible, and they fly in the face of the damning Equality and Human Rights Commission report released only last week, which declared the hostile environment policies illegal. We talk about victims, but what about the Windrush generation victims who are still fighting for compensation and justice? Will the Minister outline whether the EHRC’s findings have been taken into account during this process?
Chris Philp
I have already pointed out that these flights are nothing to do with the compliant environment; none of these individuals is in the scope of the Windrush compensation scheme. I must say that the hon. Lady is going a great disservice to those genuine victims of the Windrush tragedy—the Windrush scandal—by conflating them with dangerous offenders who are not British citizens and who are eligible for deportation under an Act that the Labour Government passed in 2007. She should reserve her indignation for those victims who have been affected by these terrible, terrible crimes.
Mr Gagan Mohindra (South West Hertfordshire) (Con)
The British people will expect foreign national offenders who have violated our laws and our values to be removed from our country. Does my hon. Friend agree that this charter flight shows that we are acting in the interests of the British people and that we have their overwhelming support in taking this action?
Chris Philp
Yes, I strongly agree. The public watching this afternoon’s debate will be astonished to see some Opposition Members apparently not willing to stand up for our fellow citizens who have been victims of these terrible offences.
Florence Eshalomi (Vauxhall) (Lab/Co-op) [V]
I have been contacted by many of my constituents in Vauxhall who are concerned about these deportations. Given the Government’s track record on Windrush and the delay in implementing the lessons from the Wendy Williams review, it is understandable that hon. Members in this House seek assurances and more detailed information from the Minister in regard to this deportation. The Home Secretary has rightly committed to implement all of the 30 recommendations in that review. Will the Minister confirm how many recommendations have been implemented? Will he today give a clear timetable for when each of the 30 recommendations will be implemented?
Chris Philp
I have already given the House a clear assurance that all these cases have been individually looked at and, as I have said several times already, that none is eligible for the Windrush compensation scheme. It is wrong, and indeed almost offensive, to conflate, in any way, these people who have committed terrible criminal offences with those victims of the Windrush scandal; they are completely different things and it is completely wrong to conflate them. As the hon. Lady says, the Home Secretary is fully committed to implementing each and every one of Wendy Williams’ recommendations; she published a response to the Williams review back in September and I know that she will be keeping the House regularly updated about the timing of the implementation of each and every one of those 30 recommendations.
Mark Jenkinson (Workington) (Con)
Nearly 12 months ago, in constituencies such as Workington, this people’s Government were elected on a promise to make Britain safer and more secure. Does my hon. Friend agree that by continuing to remove these dangerous criminals from this country we are delivering on that commitment we made to the British people?
Chris Philp
Yes I do agree, of course. My hon. Friend puts the point very well. One of the most fundamental duties of any Government is to protect their citizens, and ensuring that foreign nationals convicted of serious offences are removed from the country is one very important way in which the Government can protect our fellow citizens. As I have said, I am aware of cases where people were eligible for removal or deportation but for some legal challenge reason this was not done and they then went on to commit some serious offences.
Vicky Foxcroft (Lewisham, Deptford) (Lab) [V]
I have a constituent on the flight who came to the UK aged 11. He has no friends or family in Jamaica, but he does have three children who do not know that he is likely to be deported. Although he is desperate to see them one last time, he does not want them to worry. Have the Government carried out any assessment of the impact this will have on his children, who are likely to never see their father again?
Chris Philp
The balance between family rights and the obligation on the Government to remove dangerous offenders is laid out in statute. If a challenge is brought, it is up to the courts to determine in each individual case how that balance is struck. I would say—I have the case details in front of me, but I do not want to recite them to the House, for reasons of confidentiality—that the hon. Lady’s constituent is an extremely persistent and prolific offender, and that includes some quite dangerous offences. As I say, the balance between family rights and public safety is set out in statute and is struck by the courts, but I make no apology for putting public safety first.
Nigel Mills (Amber Valley) (Con) [V]
There is great support in Amber Valley for the deportation of serious foreign national offenders but also great concern at how long the process takes. Does the Minister have any plans to revert to the position in the Immigration Act 2014, where some—[Inaudible.]
Chris Philp
I am afraid that the roll-out of rural broadband to my hon. Friend’s house clearly has a bit of a way to go, because he broke up a little. I think he was asking about finding ways to expedite the proceedings, and we are looking at ways we can do that, including by making sure that provisions in previous Acts of Parliament, which he may have been asking about, can be properly implemented. That is very high on the Government’s agenda.
Scott Benton (Blackpool South) (Con)
Dangerous foreign criminals, including murderers, rapists and drug dealers, have no right whatever to remain in this country. The people of Blackpool South expect the Government to be resolute in standing up to those activist, left-wing lawyers who, in this instance, are working against the clear national interest. Will my hon. Friend confirm that he will never compromise the security and safety of my constituents by letting such dangerous offenders remain in the UK?
Chris Philp
As always, my hon. Friend speaks very well for his constituents. It is absolutely our intention to make sure that, where there are dangerous people in the United Kingdom, we will tirelessly seek to remove them. That is our duty as a Government, and we will work tirelessly, as I know he will, to discharge that duty.
John Cryer (Leyton and Wanstead) (Lab)
What worries me about the case of my constituent, who is due to be deported, is that I cannot even name him today, because there are genuine and credible grounds for him to believe that his life is under threat. That is surely a reason to pause and rethink whether he should be deported.
Chris Philp
There are obviously legal channels through which individuals can raise concerns of the type of the hon. Gentleman just referred to. As I say, many people do precisely that. Just a few days ago, a convicted murderer was removed from the flight for similar reasons. However, let me make it clear that it is our priority to protect British citizens, and that should be the hon. Gentleman’s priority, too.
Joy Morrissey (Beaconsfield) (Con)
It is disappointing that Opposition Members have been less than supportive of the Government’s efforts to deport dangerous foreign criminals who pose a serious threat to this country’s national security and to the safety of the British people. Does my hon. Friend agree that the Conservative party is the only party committed to standing up for the victims, to having a firm hand on law and order and to making sure that this country remains safe and secure?
Chris Philp
My hon. Friend makes a very good point. It has been conspicuous this afternoon that it has been Government Members who have stood up to speak out for victims and for the safety of their constituents; we have heard almost nothing of that from Opposition Members. The British public will have heard that, and they will draw their own conclusions.
Janet Daby (Lewisham East) (Lab)
If the Minister listens carefully, he will hear that I am also speaking about victims and rehabilitation. The recommendations made by the Windrush lessons learned review have still not been implemented in full, and we still do not know why people are illegally deported. It is this that has caused distrust in the Government. Many of these predominantly black people set for deportation have already served their sentence. Many committed these offences when they were young, as they were victims of drugs operations known as county lines or have been criminalised in association. I put it to the Government that many of these people have grown up in this country since childhood, and it is our country’s moral responsibility to rehabilitate them.
Chris Philp
The hon. Lady said a few moments ago that the people subject to deportation proceedings are mainly black. That is not true because, as I said earlier very clearly, the majority of people removed and deported are removed and deported to European Union countries, and in the last year well under 1% of people subject to these proceedings have come from Jamaica. In relation to age, the test, as we have discussed already, is set out in statute—in the UK Borders Act 2007. It is an Act passed by the last Labour Government with the votes of a number of her colleagues who are sitting on the Opposition Benches right now.
Lee Anderson (Ashfield) (Con)
Unlike Opposition Members, the people of Ashfield are absolutely delighted that murderers, rapists and other dangerous criminals are being flown out of the UK and deported to their country of origin. This will keep our streets safer and send out a clear message to anyone who does not share the values of our great country. Can my hon. Friend please reassure me and the people of Ashfield that this Government will continue to send vile criminals back to where they come from as they have no place in our society, and can he also thank Opposition Members for supporting this Act when it was passed in 2007?
Chris Philp
I am sure the Opposition Members who voted for the 2007 Act are extremely grateful for my hon. Friend’s reminder and thanks, but the thrust of his point I completely agree with. It is right that where someone endangers our fellow citizens, we act to deport them, because if we do not do that, we are exposing our constituents to ongoing risk. That is completely unacceptable, and this Government will take action.
Stephen Timms (East Ham) (Lab)
The Minister is making it clear that he and his Department find it irksome having to comply with the current requirements of the law. Thank goodness they do, because the law is there to protect everyone, and I get the impression that a number of Government Members do not approve of that. What access have those who were due to be on this flight had to legal advice prior to the flight’s departure?
Chris Philp
I would not say the Government find it irksome to offer people due legal process; of course we do not, because we respect those legal processes. However, we do find it deeply frustrating and, frankly, at times inappropriate when the legal system and the legal process are used in an abusive or vexatious way, as they apparently sometimes are. That is something we intend to come back to in legislation next year. In relation to access to justice, there are very ample opportunities provided for consultation with lawyers by all kinds of means. I would say that in my observation of people subject to Home Office proceedings, one thing they are not short of is legal advice—very often legally aided. The access to justice point that the right hon. Member makes is certainly amply catered for in a whole range of different ways.
Mr Speaker
In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House.
Asylum Seekers and Permission to Work
Chris Philp Excerpts(3 years, 5 months ago)
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The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)
It is, as always, a pleasure to serve under your chairmanship, Mr Pritchard. I congratulate the hon. Member for Bermondsey and Old Southwark (Neil Coyle) on securing the debate and getting through his speech in record time—he cantered through it and got a great deal of content into a relatively short time.
I will start by addressing some of the points made by hon. Members. A lot of emphasis was placed on the contribution that migrants can make to our economy, but of course, we have a legal route for those who are able to make an economic contribution to get into the United Kingdom. We have a new points-based system coming into force in just a few weeks, and anyone from anywhere in the world is able to apply under that scheme. If they meet the criteria, which are quite generously drawn, they can get a work permit and come here to work and make the contribution to which hon. Members have referred. That route exists and will be in full operation very shortly.
My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) said that if there were safe and legal routes, people would not have to come and claim asylum in this way. There already are a number of safe and legal routes. I have already mentioned the work visa route, but for people who want to reunify with their family, we have family reunion rules, under which 7,500 people came into the United Kingdom in the year up to March.
We also have a refugee resettlement scheme, which is, I suspect, the scheme used by the six or seven gentlemen mentioned by the hon. Member for Strangford (Jim Shannon), whereby we go directly to countries of danger, particularly Syria but to others as well, and bring the most vulnerable people directly into the United Kingdom. Under those rules, we choose who deserves to come in, rather than people entering illegally. In the last five years, up to March 2020, 25,000 people—half of whom were children—have come into the UK under that resettlement route, which is the largest of any European country. Those safe and legal routes most certainly do exist.
Mr Goodwill
I can confirm that I have been to the refugee camps in Jordan and seen how those most in need are selected. Indeed, we delegate that job to the United Nations High Commissioner for Refugees, so it is not us choosing them but a well-respected international body choosing those who can come and who do not need to resort to paying the people smugglers—that is, if they have the money to pay them. Those most in need do not have the money to pay the people smugglers.
Chris Philp
My right hon. Friend, who of course has considerable expertise in this area, is absolutely right. The UNHCR, over the last five years, has chosen the people who are most in need, whereas those who come here, for example, in small boats across the English channel are not necessarily those most in need; they are those who can afford to pay people smugglers, or those who are fit and strong enough to force their way across the English channel. They are not those most in need; they are effectively pushing their way to the front of a queue and potentially displacing people whose need is greater—those people who have come over, for example, on the family resettlement route.
That brings me to the point about the current policy, introduced, as we have been reminded, by the last Labour Government. Many of the reasons that the last Labour Government chose or had regard to in introducing this policy do, I think, apply today. The first point is that we have legal routes—very clear legal routes—for coming to this country to work and make a contribution. If somebody can enter the country clandestinely, for example on a small boat, which is dangerous and unnecessary—it is unnecessary because they could quite easily claim asylum in France, a safe country—and immediately start working or start working after a very short time, that undermines the points-based system and the legal route that we have created. What is the point of having a legal route if it can be immediately circumvented in the way that I have described?
Christine Jardine
Does the Minister accept that, in the current circumstances, if someone is in this country legally, has come through the safe routes and followed all the procedures, they are not allowed to work, yet they could be making a contribution to society? Will the Government not take that into account?
Chris Philp
Well, of course, people who come in through the family reunion route can work straightaway; people who come in under the resettlement programme—those 25,000 people, including the constituents of the hon. Member for Strangford—can work straight away. We need to speed up our asylum decision making; some fair points were made there. Clearly, the pandemic has made that considerably more difficult, but we need to work to speed up those decisions, which is in everybody’s interest. It is in the interest, clearly, of the person seeking asylum, so that they know where they stand; that is only fair. If they do get a positive decision, it means they can start working; that is only fair to the taxpayer as well.
Chris Philp
I have to just finish, because there is very little time remaining. I hope that my hon. Friend will forgive me for concluding.
I also am concerned about the possibility of creating some measure of pull factor, because if people know that they are able to come here on, for example, a small boat or the back of a lorry, or on an aeroplane, without proper documentation and immediately, or very nearly immediately, start working, that will act as a further encouragement to come to the UK and add to the 35,000 asylum claims that we have already. Particularly in the case of people who are in safe countries such as France—pretty much all the small boat arrivals come from France—they are in a safe country where they could, if they wished, claim asylum.
I will just say that the shortage occupation list is rather wider than was represented. It does include nurses and medical practitioners. I commend that scheme to people with those skills who want to work.
Neil Coyle
Will the Minister look at those who have health and social care backgrounds and fast-track them on the SOL, so that they can work sooner and while our services so desperately need them?
Chris Philp
We conducted a review of that back at the beginning of the pandemic, and the numbers that I was given were very, very small, but I will say that the professions that are on the shortage occupation list and can be applied for include medical practitioners, psychologists, nurses, speech and language therapists, occupational therapists—and even actuaries and architects. Paramedics are on there as well. There are quite a lot of medical professions on the shortage occupation list already. A review is ongoing. It will report as soon as we are able to complete it, and I will of course report back to the House when that happens, but in the meantime I completely take the point about speeding up and making sure that we make these decisions quickly, for all the reasons that we have discussed this afternoon.
Question put and agreed to.
Mark Pritchard (in the Chair)
If Members can exit, I will suspend the sitting for two minutes. Have a good evening.