David Winnick
Main Page: David Winnick (Labour - Walsall North)Department Debates - View all David Winnick's debates with the Home Office
(11 years, 10 months ago)
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Keith Vaz
I agree with the hon. Lady, but that is true not only of the elite, which includes Oxford and Oxford Brookes universities, but of all the other language schools and higher education colleges that provide such a wonderful service.
I will turn to family migration, which I know the Minister for Immigration will be asked about when he comes before the Select Committee on Tuesday. The new migration changes will come into effect on Monday. That, in my view, will be a disaster for the settled British Asian community. We are dealing not with people who come here illegally, but with the settled community, which the Prime Minister rightly praised recently at a big meeting of the Conservative Friends of India. Some 1,000 members of the diaspora turned up and listened to the Prime Minister’s speech. They liked what he said, but they will not like what the Minister and the Home Office are going to do on family visitor visas.
Last week, I was presented with a case involving a wedding that will take place in Leicester in three weeks’ time. I am sure that my hon. Friend the Member for Leicester South (Jonathan Ashworth) and I will go along, as we do with every wedding in Leicester. Two sisters of the bride had applied to come over from Toronto. One sister had been allowed to come, but the other had been refused. I wrote a letter, because there was no time for an appeal. The appeals system is so awful and takes so long, as the Minister keeps telling us and the UKBA, that there was no point in appealing, because the appeal would have come up next year, well after the wedding. I therefore wrote to ask for a review. I wrote to my account manager, Saleah Ahmed, who is very efficient. He is a post box—he does not make the decisions, but sent my letter to New York, which is the hub for north America. The letter that I got back said, “Sorry, the second sister’s case cannot be looked at because we only look at cases where there is a death or serious injury.” The first sister will be able to get into the country for the wedding, but the second sister will not be allowed in, despite the additional evidence that I have sent in, which will not even be considered. If the bridegroom or the bride died, the decision might be reconsidered, but otherwise, the second sister will not be allowed into the country and will miss her sister’s wedding.
That situation will be repeated thousands and thousands of times when the right of appeal is removed and there is no effective system to deal with such problems. We have asked the Minister for meeting. I hope that he will meet Members from all parts of the House who have an interest in this matter. The right hon. Member for Carshalton and Wallington (Tom Brake), members of whose community I have met, the right hon. Member for Bermondsey and Old Southwark (Simon Hughes), who must have a huge immigration case load, the hon. Member for Bradford East (Mr Ward) and the hon. Member for Bedford (Richard Fuller)—I could go round the whole Chamber—will not like a system which means that they can no longer tell their constituents that there is a right of appeal. They will not like a system in which there is no review or in which the review will take longer than the period that is left before such a wedding. We will be inundated with cases and the system will collapse.
When I and other members of the Home Affairs Committee went to meet Jonathan Sedgwick, who heads the international section of the UKBA, he did not have a plan, because there was no ministerial plan in place. It is very important that we get such a plan in place before the changes take place. I do not like those changes, of course, but I will look at the plan that is on offer.
Mr David Winnick (Walsall North) (Lab)
I am sure my right hon. Friend is aware that the last Conservative Government abolished the right of appeal. As he said, when constituents who are sponsors write to us, we then write to the UKBA or the Minister and receive the predictable reply that the case was examined by the appropriate official, who took into consideration all the details and came to a decision. Writing to the Minister or the UKBA will get us no response other than one reaffirming the refusal. That is a denial of justice and means that the entry clearance officer is judge and jury, which is totally wrong and inappropriate. I hope the Minister will reconsider it.
Keith Vaz
I agree with my hon. Friend’s comments, although I have not made those points with quite the same passion and eloquence. This issue will simply not go away.
I hope that we will also consider the quality of refusal notices. I pay tribute to John Vine, who is doing a superb job as the independent inspector. He came before the Home Affairs Committee a few years ago, just after he was appointed, and I was worried that he would not be able to do a good job, but he has done a superb job. He makes the point that the process starts with the refusal notice. If that is not clear, we cannot make progress.
I do not know whether the Minister or other Members had the chance to see the Prime Minister’s appearance before the Liaison Committee yesterday. In his answer to my question about the UKBA, he was very clear that he did not believe bonuses should be paid if the job was not being done. The £3.5 million given to senior officials of the UKBA last year, in defiance of the Home Affairs Committee’s recommendation and the views of the Prime Minister and senior Ministers, who have no control over those bonuses, was wrong. Some 25% of the senior officials at the UKBA got a bonus of up to £7,000 each last year.
The Minister knows the problems of the UKBA. He knows about the queues at Heathrow airport and is well aware of what happened with the Brodie Clark saga. It is not an organisation whose senior officials are worthy of being given bonuses. When they do a good job, as Mr Whiteman has promised to do in the end, we can consider bonuses, but certainly not at the moment.
I hope that the Minister will assure us that the 7,000 people in the Border Force will be enough to deal with the inflow of the 5 million to 11 million people who it is estimated will come to the UK in the three-week period of the Olympics. I hope that the number of people that he promised would be at the airports to check people getting in will be forthcoming.
The Home Affairs Committee does not divide on its reports if it can help it, although on points of great principle my hon. Friend the Member for Walsall North (Mr Winnick) does his best to encourage us to be much more challenging—I was going to say divisive—in how we present our reports. We will continue to monitor the UKBA every three months, and we will continue to give it key indicators, of which there are 47 at the moment.
The one thing that really irritates the Committee is the fact that the UKBA delays in sending us information. I put that point to the Prime Minister in the Liaison Committee yesterday. That was a problem under the Labour Government and, I am sorry to say, there is still a problem under the current Government. We are dealing by and large with the same officials—Ministers have changed, but the officials and the culture remain the same. When we write to the UKBA and ask for information, we want a reply by a deadline, because when it writes to our constituents it expects a reply by a deadline. We want to ensure that the data that we ask for are put forward and that our requests are not left on a Minister’s desk waiting to be replied to. We shall continue to hold the organisation to account in a rigorous and robust way, and we hope that that will be of benefit to Members.
Mr Ward
Absolutely. We often systematise things to try to improve them when they are really about personal relationships. We need to build close understandings and partnerships, which in our case have been to the benefit of clients with whom we have dealt.
We were told that the UKBA’s legacy of cases would be cleared, with the vast majority being fully concluded. As we now know, that meant the transferring of a big chunk of legacy cases into the controlled archive. Rightly or wrongly, the impression was given that the archive was a dumping ground and that the files were being transferred because the UKBA had given up on those cases. Dozens of people have walked into my constituency office and we have been able to find no trace of their case, because it has already been put in the controlled archive. It is then difficult to get it out again. I am sorry if this seems unfair, but it seems like our office is doing the work that the UKBA should have done, at the cost of the time that it takes away from other matters.
Will the Minister confirm or deny that cases are still being added to the controlled archive? My understanding is that if people do not turn up to report to the UKBA three times, their cases are transferred to the archive. If that is not true, a clear message needs to be put out to that effect, because that is what we are told.
Another issue that has cropped up regularly is cases being transferred into the controlled archive in error. That is not so bad if they are then retrieved and dealt with properly, but the evidence suggests that such cases go to the back of the queue when they are retrieved. That is patently unfair on people whose cases should never have been transferred in the first place. I understand that work is now taking place, with credit agencies and other means being utilised to deal with cases in the controlled archive. As I said, however, it is difficult to understand why those cases ever went there in the first place, given that other methods and techniques were available to deal with them first time around.
My final point concerns intelligence. I understand that my constituency office—one single office—accounts for 70% of the intelligence provided in the whole of the west-Yorkshire region, which indicates the number of cases we deal with and the confidence people have that they will be dealt with by my office. When I was a councillor, we were encouraged to dob in the dealers, and local residents would bring cases to us to take to the police. Those people did not hand in that information with disinterest, but wanted to know what would happen; they wanted feedback and to know whether the people dealing drugs in the phone box on the opposite side of the road had been dealt with.
We all think it important that residents support the police, but constituents want to know that something is actually happening. Yet that intelligence appears to disappear without them ever knowing what has happened, which is patently unfair, not only on my office, through which the information goes, but on the people who have provided it. Feedback is important because the people who provide the intelligence often do so at risk to themselves: they might be acting extremely bravely—they might be family members in marriages, some of them sham marriages—and under threat for having provided that evidence. Feedback, then, is not only good practice but humane. They need to know what happens to these people. Especially when there is a slow response in terms of removal, they have a right to know what is happening, because their personal safety might be at risk.
Mr Winnick
The Liberal Democrats have always supported the appeals system—as I recollect, they took the same view as us at the time of the previous Tory Government. Given that they are now part of the coalition and we know that the appeals system for visitors is being abolished, where does the hon. Gentleman stand?
Mr Winnick
I hope I am not being discourteous, and I am grateful to the hon. Gentleman for allowing me to intervene a second time. If that is the position of the Liberal Democrats, what pressure are they putting on their coalition partner? Why are they not saying, “We won’t go along with this”?
Mr Ward
If the hon. Gentleman does not mind, I would rather make my speech than the one he probably wants to make. If he makes that speech, I shall intervene and support him, but I would like to finish mine first.
We are told that the number of complaints is a direct result of the complexity of the cases and their impact on individuals. Yes, that is the case to some degree, but the truth is also that the complaints arise from sheer mismanagement—lost files, poor administration and so on. That would not be so bad if the services provided value for money, but they are hugely expensive—as much as £1,000—which means that people rightly demand, and are entitled to, a good service. Given that the appeals process can cost another £120, which they do not get back if they are successful, they have a right to a first-rate system, yet that is clearly not being delivered. Will the Minister indicate what is being done to improve the level of service? I believe that the website talks about a six-month turnaround time. Nobody believes that. They are lucky if it is eight months. So there is this question of value for money.
Sir Gerald Kaufman
I would be the first to say that it was not good enough. I remember when Charles Clarke was appointed Home Secretary. I ran into him in the Members’ Lobby, from which my office is 40 seconds away. I said, “I want you to come up to my office.” He did, and I showed him my special immigration file. I said, “I cannot lift it out of the filing cabinet. I expect, under your Home Secretaryship, to be able to lift the file.” It was not as good as it should have been. There were Ministers in that Government, including Charles Clarke and my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), who were personally accessible if there was a problem I wanted to discuss with them.
However, I have to tell the hon. Member for Bedford (Richard Fuller) that when I was gathering these cases to present to the House this afternoon, I had to use two files because my filing cabinet is now so full that I have to divide the cases into two, so that my secretary can lift one file or the other. I am not saying that it was paradise under the Labour Government by any means; what I am saying—I do not want to patronise the hon. Gentleman, but I do have the experience—is that things are far worse now.
Let me give one more example of a constituent whom the Home Secretary wrote to me about.
Mr Winnick
The Home Affairs Committee was critical of the Labour Government at the time, although the situation was not as bad as it is now. But of course it was the last Labour Government who brought back the right of appeal.
Sir Gerald Kaufman
My hon. Friend is perfectly right; indeed, her intervention brings me to my next point, concerning visits.
One of the things about my Muslim constituents in particular—but not only my Muslim constituents—is that they have a very strong sense of family. I get case after case of somebody wanting to come here as a wedding guest but being turned down; and even with the right of appeal, the appeal process would be far longer than the period until the date of the wedding.
I raised one case in Prime Minister’s questions—the only question I have asked this Prime Minister—which involved a young woman in my constituency who wanted her 72-year-old grandmother to come to her wedding. Her grandmother was turned down, one of the reasons being that if she came here, she would try to get a job. Seventy-two years old; never left Pakistan in her life; cannot speak English; unemployment in my constituency at 10.7%—and this cunning old lady was going to twist her granddaughter’s wedding into an opportunity to get a job.
Tom Brake
I thank the hon. Lady for her intervention, which shows that it is essential for us collectively to identify such problems; we might believe that these are individual cases, but when the feedback comes in from all MPs, we see that the issue is a much wider one.
A number of Members have referred to data. Clearly, without strong data, it is difficult to determine whether policy is effective. I greatly welcome the fact that, following pressure from the Liberal Democrats on an issue that we have been running with for a number of years, exit checks will be reintroduced. Ultimately, that is the only way to secure high-quality data that can effectively inform debate.
On the problem of backlogs, I am sure the Minister will have received the briefing from the Immigration Law Practitioners Association, which many of us, too, have received for today’s debate. The briefing refers to the definition of a review, and it challenges the UKBA statement that reviews have been carried out in respect of all asylum backlog cases. That might involve a definitional issue involving what constitutes a review. A paper review may involve no contact with either the legal representatives or the individual who is the subject of the review. In any event, the ILPA is concerned about whether every case has been reviewed.
I do not know whether the Minister was quoted accurately when he was reported to have said:
“The UK has been forced to launch a global charm offensive to convince foreign students it is not against immigration”.
The quotation comes from a BBC report headed “Please come to UK”. The Minister is shaking his head, so it appears it that is not an accurate representation of what he said. Whether it is or not, however, I should like him to tell me whether the capacity exists to make what I accept is a difficult distinction between students who, having applied to attend a college here quite legitimately, find that between their application and their arrival the college has been shut down—for perfectly legitimate reasons—and has taken their money but will not give them what they wanted, and those who are not students but have colluded to come here for purposes other than study. It would be helpful to be able to distinguish such people from students who fall foul of the rules through no fault of their own.
Mr Winnick
I do not know whether the hon. Gentleman was going to mention this, but may I put to him the question that I put earlier to his hon. Friend the hon. Member for Bradford East (Mr Ward)? If he and his party believe that the appeals system is right for visitors, what input, if any, is the coalition receiving from his party on the issue?
Tom Brake
We have made written representations, but the hon. Gentleman may not have heard something that I said earlier. The most significant thing that the Government can do on behalf of everyone—the UKBA, the Government and, indeed, applicants—is ensure that the correct decisions are made the first time round.
The ILPA has drawn Members’ attention to changes made in October 2010 to the policy on suitability for detention. It alleges that conditions have worsened considerably, especially for people with serious medical conditions. Has the Minister had any dialogue with the UKBA on the subject, and is he satisfied that the rules ensure that a person’s health can be taken into account?
I shall not go into my final point in any great detail, because it has already been raised in the context of HC 194 “Statement of Changes in Immigration Rules”. Concern has been expressed not just about typographical errors, but about instances in which the understanding of the rules may have been different from what their intention now appears to be. The issue is too detailed for the Minister to respond now, but I hope that he will be able to clarify the Government’s position. I know that he has the relevant documentation.
I think that the coalition Government have made progress, particularly, I am pleased to say, on the issue of child detention, which was mentioned earlier. However, I accept that they still have a considerable distance to go.