Refugees from Ukraine

Diana Johnson Excerpts

Thursday 10th March 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Home Affairs Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

Thank you, Mr Speaker. While I welcome the changes for Ukrainian passport holders, many Ukrainians do not have passports, as the Home Secretary has just said. I want to ask her about TLScontact, which has been subcontracted by the Home Office to carry out biometric checks. The chief inspector of borders and immigration told the Home Secretary that TLScontact was so hellbent on making profit that its use posed a risk of “reputational damage” to the UK. With Ukrainians fleeing for their lives and the chaos at the visa application centres with long waits and few appointments, can the Secretary of State tell me why that company is allowed to profit from the suffering and misery of Ukrainians by telling them that if they make additional payments, their cases will be expedited and they will get appointments more quickly? Is that right?

[Priti Patel]

Let me just share the information I know about the contracted service with TLScontact. First and foremost, we have surged capacity at visa application centres, as I have said several times in the House. That is a contractual process that we have, alongside working with Home Office staff in country, and further staff have been sent out. The right hon. Lady asked specifically about the contractual arrangements with TLScontact. Our priority has been to surge its staff in country to create more appointments, and we have surged appointments. There have been 6,000 appointments available this week, and as of Tuesday 15 March, there will be 13,000 appointments for people who do not have documentation and passports. We can prioritise those without documentation and passports. Those with passports can use the digital service that will be set up and go live from Tuesday. I will come back to the Chair of the Select Committee on the contractual details, primarily because these details are organised through the Departments and there is a procurement process that goes on. I will write to her on the specifics. With regard to Ukrainian nationals coming to the United Kingdom to be reunited with their families, this is a free service. There are no charges in place whatsoever.

Ukraine: Urgent Refugee Applications

Diana Johnson Excerpts

Tuesday 8th March 2022 Commons Chamber

[Mr Speaker]

I call the Chairman of the Home Affairs Committee, Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am grateful for the granting of the urgent question, but I think that a statement from the Home Office would have been a much better way of dealing with the confusion of recent days.

I believe we are united in the House in wanting to do the right thing for the Ukrainian people who are fleeing in fear of their lives, and to offer protection and sanctuary. The Home Affairs Committee has twice invited the Minister to come and explain how the Home Office is dealing with this. He has agreed to come next week and we are grateful for that, but we should not have to ask twice.

I want to ask the Minister why, on Sunday, the Home Secretary went on record to tell journalists:

“I am…investigating the legal options to create a humanitarian route.

This means anyone without ties to the UK fleeing the conflict in Ukraine will have a right to come to this nation.”

On Monday, Ministers seemed to have no idea about that. Can the Minister update us? Is this matter under consideration in the Home Office, given that there is clearly a great deal of support for the granting of a humanitarian visa?

[Kevin Foster]

As the right hon. Lady will know from my original letter to her, we felt that pulling officials away to do a session before the Home Affairs Committee tomorrow would have meant pulling them—and me—away from the preparations for bringing people to the UK. However, we also specifically said that we would seek to agree on a later date, and that could, perhaps, have been reflected in the statement issued on Friday.

Let me deal with the right hon. Lady’s more substantive points. We have the existing process for those who have relatives here, and we are extending it well beyond the normal relatives and dependants. Moreover, the wider sponsorship route will provide many other opportunities for people to come to the UK.

Windrush Compensation Scheme

Diana Johnson Excerpts

Thursday 3rd March 2022 Westminster Hall

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I beg to move,

That this House has considered the Fifth Report of the Home Affairs Committee, The Windrush Compensation Scheme, HC 204, and the Government response, HC1098.

It is a pleasure to serve under you, Dame Angela, and to introduce the debate. I am grateful to the Liaison Committee for allocating time for it. I welcome the Minister, who I know will take seriously the matters raised by Members from across the House. In some respects, I am sorry that the Home Affairs Committee has felt the need to hold the debate, because had the Government responded more positively to our detailed and evidence-based report, it might not have been necessary to call the Minister here today to discuss the shortcomings of the Government’s response.

I am delighted to see present my colleagues on the Home Affairs Committee. My right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), who has done much to champion this issue over many years, and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) are here today to speak to our report and the distressing evidence we heard from the people affected by the Windrush scandal. I am also pleased to welcome my hon. Friend the Member for Aberavon (Stephen Kinnock), who will speak from the Opposition Front Bench.

To set the debate in context, the Windrush scandal that emerged in the summer of 2017 revealed the huge injustices and hardships faced by members of the Windrush generation who had been denied their lawful immigration status as a direct result of Home Office policies and practices over many years. Successive Home Secretaries have subsequently promised to right the wrongs experienced by members of the Windrush cohort, and to recognise the financial loss and emotional distress that Government actions caused. The Home Affairs Committee launched our inquiry in November 2020 because of serious concerns about long delays and difficulties in applying for the compensation scheme. The Committee remains seriously troubled that instead of providing a remedy for many people, the Windrush compensation scheme has compounded injustices.

Our inquiry found that the vast majority of people who have applied for compensation have yet to receive a penny. For some, the experience of applying for compensation has become a source of further trauma rather than redress, and others have been put off from applying for the scheme altogether. Despite the initial Government estimate of 15,000 eligible claims, the Home Office had received only 3,387 applications by the end of December 2021. Of those, 940 claims have received payment. Very sadly, when the Committee’s report was published, 23 people were known to have died before their compensation claims had been decided by the Home Office.

I would like to thank all the people who took the time and effort to engage with the Committee’s inquiry and provide the evidence that underpins our recommendations and conclusions. In particular, I thank the individuals who attended the Committee’s roundtable and shared their first-hand experience of the scheme, including Dominic Akers-Paul, Glenda Caesar, Gertrude Ngozi Chinegwundoh, Christian Hayibor, Carl Nwazota, Grace Nwobodo and Anthony Williams. I also thank Thomas Tobierre, a claimant, and his daughter Charlotte, who took part in an interview with Committee staff.

Our report considers people’s experience of the Windrush scheme and our recommendations focus on changes that we believe would have an immediate impact on the scheme’s effectiveness. Before I outline the report, I want to mention two of the heartbreaking accounts we heard during the inquiry. Anthony Williams arrived in the United Kingdom from Jamaica in 1971, aged seven. He served in the British Army for 13 years before becoming a fitness instructor. In 2013, he was wrongly classed as an illegal immigrant and sacked. Mr Williams was left unable to work or access benefits because he could not demonstrate his lawful status. He was also unable to register for a doctor’s appointment or see a dentist, and when a tooth infection began to spread, he consequently lost most of his teeth.

Mr Williams applied for compensation within a week of the scheme’s opening, but was unable to provide documentary evidence of his salary. In total, for the five years in which his life was affected, Mr Williams was initially offered approximately £18,000 in compensation. Mr Williams told us,

“Even now, I’m still having problems. I still don’t sleep. And it’s because of the compensation scheme. In the back of my mind now, because I survived five years of virtually living on nothing, the money is secondary now. My sanity is top of the game now to me”.

Glenda Caesar came to the United Kingdom from Dominica in 1961, when she was just three months old. She worked in the NHS for over 20 years. In 2009, Ms Caesar was wrongly sacked from her job and then denied access to unemployment benefits. She accrued thousands of pounds in rent arrears. In December 2019, following 10 years of being unable to work, Ms Caesar was first offered approximately £22,000 in compensation. She rejected that initial offer, describing it as “insultingly low”.

I wish to welcome the few recommendations that received a positive response from the Government. The Home Office responded most positively to the Committee’s recommendations on outreach and engagement. I am grateful for the Department’s acknowledgment that more needs to be done to reach eligible claimants. Will the Minister provide an update on progress with the campaign to target non-Caribbean Commonwealth communities, with a particular focus on Ghana, Nigeria, India, Pakistan and Bangladesh? Has he noticed any increase in applications from those countries as a result?

I am pleased the Government agreed with our recommendation that they should provide the number of full and final impact on life payments at each level of award as part of their regular data releases. Will the Minister confirm when we can expect the first data release? The Home Office confirmed that it would recommence holding face-to-face engagement events; will the Minister take this opportunity to announce in public when the first of those events will take place?

Over the course of our inquiry, we identified a litany of flaws in the design and operation of the Windrush compensation scheme, including the excessive burden on claimants to provide documentary evidence of the losses they suffered; the long delays in processing applications and making payments; the inadequate staffing of the scheme; a failure to provide urgent and exceptional payments to individuals in desperate need; delays in launching and adequately supporting grassroots campaigns to reach eligible claimants; and failure to rebuild confidence in both the Department and the scheme. Although we strongly welcome changes made to the scheme in December 2020 and again in July 2021, many concerns in the Committee’s report are yet to be addressed.

Fundamentally, many people are still too fearful of the Home Office to apply for compensation. The treatment of the Windrush generation by successive Governments was truly shameful. No amount of compensation could ever repay the fear, humiliation, hurt and hardship that was caused to individuals who were affected. That the design and operation of the scheme contained the same bureaucratic insensitivities that led to the Windrush scandal in the first place is a damning indictment of the Home Office.

In order to increase trust and encourage more applicants, we recommend that the scheme should be transferred to an independent organisation. In their response, rejecting that recommendation, the Government restated their position that transferring the scheme outside the Home Office would cause additional delays and that the Home Office is the appropriate Department for handling the scheme because of the need to access claimants’ immigration history. That is a disappointing response, given the incredibly low number of applicants.

The majority of submissions received by the Committee expressed concerns about the lack of trust in the Department among affected communities and the impact of that on people’s willingness to apply to the scheme. Will the Minister think again and consider whether the scheme will have failed if, as a result of that distrust, only a small percentage of the people who have suffered injustice ever come forward and are compensated?

I am disappointed that the Home Office rejected most of our recommendations. I will therefore focus my remarks on the most concerning matters, which relate to our recommendations on compensation, the impact on life, loss of employment and loss of pension. The evidence we received expressed particular concerns about how those categories of claim operate. Despite the concerns raised about the caseworker guidance on impact on life awards, which were outlined in the Committee’s report, the Home Office rather oddly referred the Committee to the same guidance in response to our recommendation that the Department provide greater clarity as to how awards are determined.

The Government committed in April 2019 to ensuring that claimants’ national insurance positions could be corrected, enabling them to receive the correct amount of state pension. Almost three years later, it remains unclear when a solution will be implemented. Will the Minister provide an update on that?

The Committee heard that the loss of occupational pension is a common type of loss among claimants, yet the Home Office restated its position that such losses are excluded from the scheme. The Committee acknowledges the complexity of the issue and included in its recommendations some options that, although imperfect, would enable claimants to receive some compensation. The Home Office’s response did not demonstrate any real engagement with the Committee’s suggestions.

On lifting the £500 cap on compensation for legal fees per immigration application, the Home Office restated its position that

“the immigration system has been designed to make sure people do not require legal assistance to make an application for an immigration product.”

I draw the Minister’s attention to the fact that the Committee received evidence from one individual whose family member faced multiple court hearings to prevent their deportation and spent £10,000 on legal costs.

The Home Office rejected our recommendation on introducing funded legal assistance to help people to make a claim. The majority of submissions we received said that legal assistance would be beneficial because the scheme is complex and because comprehensive claims submitted by legal professionals may be processed more quickly by caseworkers. Requests for additional evidence are not uncommon and some claimants reported finding that traumatic, given their previous contact with the Home Office. They told us they would have preferred to manage their claim via a representative.

The Home Office did not commit to making any changes to how applications for urgent and exceptional support are handled. Carl Nwazota, whom I mentioned earlier, applied for that type of support. He told us that throughout the entirety of his interaction with the Home Office he was homeless and living on the street, but the Home Office still refused him access to that support. The Home Office told him that until it received a completed compensation form, it could not help him.

Recently released data shows that from 1 October 2018 to the end of October 2021, just 10% of the requests received for urgent and exceptional support were decided within 10 working days of receipt. It is completely unacceptable that individuals facing hardship because of Home Office failures should continue to be let down and left destitute by the Department while they wait for compensation payments. We are therefore deeply disappointed with the Home Office’s response, which does not make any commitment to improving the operation of the scheme.

Sadly, the Home Office’s response to some of the Committee’s recommendations did not demonstrate that the Department had fully engaged with the issues. The responses to the Committee’s recommendations on providing greater clarity as to how compensation for impact on life is determined and on bringing the loss of occupational pension within scope were particularly disappointing, as they did not engage with the real concerns set out in our report.

The Home Office’s response to the Committee’s recommendations on identifying and addressing the causes of delay lacked any detail. Furthermore, although the Department has increased the number of caseworkers throughout 2021, the published data does not yet show that cases are being processed more quickly.

I have not touched on everything in the report, but I hope I have been able to give an overview of what is a substantial report, and of the issues it raised, which have not been satisfactorily answered in the Government response. Ultimately, many of the concerns raised with us about the compensation scheme echo criticisms made of the Home Office by Wendy Williams in her lessons learned review. We can only conclude that, four years on from the Windrush scandal, vital lessons have still not been learned by the Home Office.

--- Later in debate ---

[Kevin Foster]

I am always happy to further consider evidence. Certainly we have seen higher awards being made, partly because of the quite significant changes we made to the scheme last year but also, unsurprisingly, due to the increase in the number of applications to the scheme, which I will touch on in a minute. The change appears to be having an effect, but, as more cases come to a final decision, particularly as reviews in other areas are done, we are open to making sure that it has made a difference. I am genuinely grateful to the hon. Gentleman for the constructive spirit in which he approached the debate on the Windrush Compensation Scheme (Expenditure) Bill, as did the then shadow Home Secretary, the right hon. Member for Hackney North and Stoke Newington, which helped produce a better outcome all round.

I am keen for Members to see for themselves the work being done in this area. Now that covid restrictions are behind us, I am happy to welcome any parliamentary colleagues who wish to visit the compensation scheme casework team to see for themselves the progress we have made. They can talk to the team working to resolve cases to get people the compensation they deserve. The team is based up in Leeds, separate from some of the other work. For many this is their only role in the Home Office; they are not working on wider immigration matters, although some have experience in those, given the nature of the issues that they deal with. I am certainly happy to welcome people to visit and meet the teams, talk to them and see the work being done. We had hoped to arrange visits at an earlier stage, but with the understandable restrictions during the covid period, it was something we had to consider very carefully. Now that the restrictions are behind us, a visit by the Select Committee would be welcome as well. We would be happy to arrange that.

Although we do not agree with every recommendation, overall we welcome the Home Affairs Committee’s report on the scheme, and we are already making significant progress in respect of several of the Committee’s key recommendations. However, some of the recommendations are complex and we need to consider those carefully to address the issues raised. I anticipate that Members might say, “Let’s have an example, then, of a recommendation you think is complex.” We are committed to ensuring that an individual’s national insurance position is corrected where an inability to demonstrate status has impacted their entitlement to the state pension. For example, someone may have been unable to have employment and therefore unable to make national insurance contributions, meaning that there are missing years when it comes to the calculation of state pension.

We continue to work with the relevant Departments to resolve this complex issue. We are making progress, although unfortunately I cannot give a specific date today as to when we will be able to bring that change into effect.

[Dame Diana Johnson]

Will the Minister give way on that point?

[Kevin Foster]

Briefly.

[Dame Diana Johnson]

I am just a bit concerned because it is now several years since the issue arose. Getting clarity on what their entitlement to state pension will be is something that will concern an individual. The Minister says he cannot indicate when the issue is likely to be resolved. Does he have a best guess? Will it be a year, two years, five years?

[Kevin Foster]

We hope it will be quicker than the right hon. Lady has just suggested, and potentially a lot quicker than one of the timeframes that she suggested. I am not in a position today to give a specific date, but we are making excellent progress towards finally resolving this issue. We accept that we need to bring certainty to people, particularly given the age of many of those we are talking about, as touched on by the right hon. Member for Hackney North and Stoke Newington. Even the children of that generation are well into their 50s and 60s, given that, in many cases, we are talking about people who arrived in the UK before 1 January 1973. We are conscious of the urgency of resolving this issue. I do not want to make a misleading statement today and give a specific date by which it will be resolved, but certainly we believe we are making excellent progress and getting close to resolving it.

The changes we made to the scheme in December 2020 have significantly increased both the amount of compensation awarded and the speed at which awards are made. Since December 2020 we have paid out over £33 million, in contrast to a total of just under £3 million prior to those changes. We now frequently pay out over £1 million a month in compensation, and we recently paid out one of our largest awards to date—a single award in excess of £260,000 to one individual. I hope that Members will understand why I will not give further details of that case, which may identify the person concerned, given the sums involved.

--- Later in debate ---

[Dame Diana Johnson]

I thank everyone who has contributed this afternoon. It is clear from the speeches we have heard that the Windrush generation has been let down and is still battling for justice through the compensation scheme. What concerns me and the Committee most is that the voices of the victims are not being heard by the Home Office. It is not hearing what victims are saying about their experience and how they are finding dealing with the compensation scheme.

The Minister has said a bit about that, but there is a particular problem with a lack of trust in the Home Office. As a Committee, we say that there needs to be an independent organisation to operate the scheme and to give trust and confidence to the people who have not yet applied. It is disappointing that the numbers are still too low. We are also disappointed about the pension issue. I pressed the Minister on when we will have an actual date for that to be resolved by. There was no mention of the occupational pension, which is not part of the scheme.

We look forward to hearing about the engagements that are about to start post-covid, and we would like details of those. The Committee would like to visit the caseworker unit in Leeds, which is, I think, where the Minister said it is. We would like a day out to Leeds to go and have a look at this and see what is actually happening.

Finally, although we have produced a report and the Government have responded, it is my intention as Chair—the same goes for the members of the Committee here today—to follow this very carefully to see what the Home Office does over the next few months, and possibly years. We will not let this rest. We want to ensure that there is justice for the people who have been so badly let down, and that the compensation scheme goes some way to providing the justice that they are seeking and not yet getting.

Question put and agreed to.

Resolved,

That this House has considered the Fifth Report of the Home Affairs Committee, The Windrush Compensation Scheme, HC 204, and the Government response, HC1098.

HMICFRS Recommendations

Diana Johnson Excerpts

Tuesday 1st March 2022 Commons Chamber

[Mr Speaker]

Order. I understand we are trying to buy time. We do not need to buy time, so let us do our normal routine.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I am delighted to follow the hon. Member for East Worthing and Shoreham (Tim Loughton)—the longest-serving member of the Home Affairs Committee and a very able acting Chair.

I welcome the fact that men’s violence against women and girls will be a strategic policing requirement—that is absolutely right. However, the joint thematic report on the police and CPS’s response to rape, which was published at the end of last week, had, again, the shocking statistic that for those cases that actually get to court, over 700 days elapse from the report of the incident to actually getting to court. There were nine recommendations in the report, including the establishment of a commissioner for adult rape and serious sexual offences, and having specialist rape courts to deal with the backlog. Will the Minister comment on whether those recommendations will be accepted by the Government? Will she confirm which Home Office Minister is responsible for the implementation of the rape review?

[Rachel Maclean]

It is a pleasure to respond to the Chair of the Select Committee. The rape review is a cross-Government effort led by the deputy Prime Minister. A number of Ministers are involved in it, most notably myself and the Minister of State, Ministry of Justice, the hon. Member for Louth and Horncastle (Victoria Atkins). We work together to make sure that our two Departments co-ordinate on these very important issues. We will be coming forward in due course with our response to the report that was published last Friday, and we will be happy to come back to the House or answer questions in the usual way.

Ukraine

Diana Johnson Excerpts

Tuesday 1st March 2022 Commons Chamber

[Priti Patel]

My right hon. Friend is absolutely right. I am frequently in touch with Commissioner Johansson on these issues. I appreciate that everyone said yesterday that the EU has moved quickly, but actually it has made an announcement and it is still discussing how, in practical terms, it can establish temporary protection measures and activate its schemes. We must all step up. In fact, colleagues in the Department are already speaking to the devolved Administrations with informal talks having happened in recent weeks. The Department for Levelling Up, Housing and Communities will play a pivotal role.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I thank the Home Secretary for making this statement after the confusion following yesterday’s attempt to inform the House of her plans. I want to ask about the humanitarian sponsorship pathway, which I think she said was to be led by the Secretary of State for Levelling Up. What role will the Home Office play in that? What resources will it be putting into the pathway? When does she expect that the first Ukrainians will arrive under the pathway? I know she said that she cannot estimate numbers, but what is her best guess of how many will be eligible under the scheme?

[Priti Patel]

I will be very frank: we do not know at this stage. The Secretary of State for Levelling Up will make statements and share with the House in due course details of the community scheme specifically. That is under development, so I cannot tell the right hon. Lady the potential numbers that will come through the route.

In terms of the Home Office role, this is a whole-of-Government effort. We will continue to support people in coming over, giving them the status that they need and securing their paperwork as well as all the essential pieces in which we always play a role, but this is an effort in joining up across Government. To be candid, we are learning lessons off the back of previous schemes including the Syrian resettlement scheme and the Afghanistan scheme, where there is still so much work to do. That goes to the point made by my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) about accommodation and infrastructure in our own country. We must be honest about how we can support the people we do bring over.

Oral Answers to Questions

Diana Johnson Excerpts

Monday 28th February 2022 Commons Chamber

[The Minister for Security and Borders (Damian Hinds)]

My hon. Friend is absolutely right about the importance of the review of the Computer Misuse Act. Since my right hon. Friend the Home Secretary launched that review last year, a number of very good and important suggestions have come forward, which we are currently reviewing. Meanwhile, of course, we continue always to update our approach, including to the National Cyber Security Centre and, more immediately, to the online safety Bill.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

In the evidence the Home Secretary gave to the Home Affairs Committee on 2 February, she said that a major obstacle for accepting more people under Operation Warm Welcome for Afghans fleeing the Taliban was the lack of suitable accommodation because of Home Office contracts. The Select Committee has been warning about this for some time. I think that the Home Secretary has announced a bespoke humanitarian policy for those Ukrainians fleeing—[Hon. Members: “No, she hasn’t.”] Oh, perhaps she has not; I am sorry there is not a statement to clarify that. What I want to know is: what is she going to do about the lack of accommodation that the Home Office provides for asylum seekers and refugees in this country?

[Kevin Foster]

We are certainly concerned about the lack of suitable accommodation across the United Kingdom in terms of dispersal areas, which is why we are keen to sign up new areas to become dispersal areas. I am pushing my own council and, as I have already said, there are 31 out of 32 areas in Scotland that could do with signing up as well.

Oral Answers to Questions

Diana Johnson Excerpts

Monday 17th January 2022 Commons Chamber

[Mr Speaker]

I call Dame Diana Johnson—I welcome the right hon. Lady to her first Question Time as Chair of the Home Affairs Committee.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Minister will know that, in 2015, in her report on rape investigations and prosecutions in London, Dame Elish Angiolini recommended that the specialist RASSO police officers should investigate rape cases. We heard much evidence to back that up in the inquiry that the Home Affairs Committee has just concluded. I have a question for the Safeguarding Minister, who appeared before the Committee in December. At the time she could not tell us how many police officers were RASSO trained, or, indeed, how many of the new recruits to the police had been RASSO trained. Is she able to do so today?

[Rachel Maclean]

I congratulate the right hon. Lady on her election to the Chair of the Home Affairs Committee. I look forward to responding to her in due course. She raises an important issue. It is important to say that specialist training is taking place through Operation Soteria and a number of other avenues. I am very happy come back to her or to write to her with those figures.

Foreign Interference: Intelligence and Security

Diana Johnson Excerpts

Monday 17th January 2022 Commons Chamber

[Priti Patel]

My right hon. and learned Friend is absolutely right, and I thank him for his support, not just now, but when he was in government, on these issues and on thresholds in particular. Of course, Mr Speaker, the alert last Thursday was issued in conjunction with the parliamentary security directorate, and there is work that we will provide support on in terms of vetting and security. It is right that we all come together, not just across law enforcement, but with the intelligence services, to ensure that we close down any gaps that have been exploited by those who want to do us harm.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

The Home Secretary has been very robust in defending the Government’s response to the ISC’s report on Russia. In the light of recent events, has she had an opportunity to review the clear recommendations in that report, particularly those pertaining to the Palace of Westminster and what we need to do?

[Priti Patel]

First, let me welcome the new Chair of the Select Committee and congratulate her on her election. There is no question—I should be very clear about this—but that we learn all the time about gaps and about not just new threats, but the type of tactics and techniques used by those who want to do us harm. It is right that we review absolutely every facet of security here. I come back to my earlier point about protecting democracy from malign interests. Working with the Cabinet Office in particular, which oversees this, that is effectively what we are doing.

Nationality and Borders Bill

Diana Johnson Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 6—Exemption for child victims of modern slavery, exploitation or trafficking—

‘(1) The Secretary of State may not serve a slavery or trafficking information notice on a person in respect of an incident or incidents which occurred when the person was aged under 18 years.

(2) Section 61 of this Act does not apply in cases where either of the positive reasonable grounds decisions related to an incident or incidents which occurred when the person was aged under 18 years.

(3) Section 62 of this Act does not apply in cases where the positive reasonable grounds decision related to an incident or incidents which occurred when the person was aged under 18 years.

(4) Sections 64(3) and 64(6) of this Act do not apply in cases where the positive conclusive grounds decision related to an incident or incidents which occurred when the person was aged under 18 years.’

This new clause would exempt victims of modern slavery, exploitation or trafficking from many of the provisions in Part 5 of the Bill if they were under 18 when they became a victim.

New clause 30—Victim Navigators—

‘(1) The Secretary of State must, within six months of the date of Royal Assent to this Act, make provisions for each police force in England and Wales to have one or more Independent Victim Navigators to liaise between the relevant police force and potential victims of slavery or human trafficking and to assist in the procurement of specialist advice for both the police force and the potential victim.

(2) Regulations under this section—

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.’

This new clause seeks to introduce provisions for Independent Victim Navigators to be in operation on a national level, acting as a liaison between the police and potential victim of slavery or human trafficking in accessing the appropriate support.

New clause 39—Identified potential victims etc: disqualification from protection—

‘(1) This section applies to the construction and application of Article 13 of the Trafficking Convention.

(2) The competent authority may determine that it is not bound to observe the minimum recovery period under section 60(2) of this Act in respect of a person in relation to whom a positive reasonable grounds decision has been made, if the authority is satisfied that it is prevented from doing so—

(a) as a result of an immediate, genuine, present and serious threat to public order; or

(b) the person is claiming to be a victim of modern slavery improperly.

(3) Any determination made under subsection (2) must only be made—

(a) in exceptional circumstances;

(b) where necessary and proportionate to the threat posed; and

(c) following an assessment of all the circumstances of the case.

(4) A determination made under subsection (2) must not be made where it would breach—

(a) a person’s Human Rights Convention rights;

(b) the United Kingdom’s obligations under the Trafficking Convention; or

(c) the United Kingdom’s obligations under the Refugee Convention.

(5) For the purposes of a determination under subsection 2(b), victim status is being claimed improperly if the person knowingly and dishonestly makes a false statement without good reason, and intends by making the false statement to make a gain for themselves.

(6) A good reason for making a false statement includes, but is not limited to, circumstances where—

(a) the false statement is attributable to the person being or having been a victim of modern slavery; or

(b) where any means of trafficking were used to compel the person into making a false statement.

(7) This section does not apply where the person is under 18.

(8) Nothing in this section shall affect the application of section 60(3) of this Act.’

This new clause is an alternative to clause 62. It ensures that the power currently provided for in clause 62 is exercised in line with the UK’s obligations under Article 13 of the Trafficking Convention. This amendment also protects child victims of modern slavery from disqualification from protection.

New clause 43—Civil legal aid under section 9 of LASPO: add-on services in relation to the national referral mechanism—

‘(1) Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services qualifying for legal aid) is amended as follows.

(2) After paragraph 32A (Victims of slavery, servitude or forced or compulsory labour) insert—

“Pre-National Referral Mechanism advice

32B (1) Civil legal services provided to an individual in relation to referral into the national referral mechanism and connected immigration advice.

General exclusions

(3) Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule.

Specific exclusions

(4) The civil legal services described in sub-paragraph (1) do not include—

(a) advocacy, or

(b) attendance at an interview conducted by the competent authority under the national referral mechanism for the purposes of a reasonable grounds decision or a conclusive grounds decision.

(5) In regulation 5(1) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 (S.I. 2013/480) (exceptions from requirement to make a determination in respect of an individual’s financial resources), after paragraph (l), insert—

“(m) civil legal services described in paragraph 32B of Part 1 of Schedule 1 to the Act (Civil legal services provided to an individual in relation to referral into the national referral mechanism).”’

New clause 47—Support and leave to remain for confirmed victims of slavery or human trafficking—

‘This section applies if a positive conclusive grounds decision is made in respect of a person.

(1) This subsection applies if the person has received support under section 50A of the Modern Slavery Act 2015—

(a) assistance and support must be provided for at least 12 months beginning on the day on which support provided under section 50A ends,

(b) where assistance and support is provided to a person under this subsection the Secretary of State must consider whether it is necessary for the victim’s physical, psychological and social recovery or to prevent re-trafficking to provide assistance and support after the end of the period in subsection (2)(a) for as long as they think appropriate,

(c) a decision whether to provide assistance and support in accordance with subsection (2)(b) must be made at least four weeks before the end of the assistance and support provided under subsection (2)(a),

(d) a reference in this subsection to assistance and support has the same meaning as in section 50A(7) of the Modern Slavery Act 2015.

(2) This subsection applies if the person is not a British citizen—

(a) the Secretary of State must give the person leave to remain in the United Kingdom if subsection (2) or (4) or (5) applies,

(b) leave to remain provided under this subsection shall be provided from the day on which the positive conclusive grounds decision is communicated to a person for either—

(i) the amount of time support and assistance will be provided under either subsection (2) or one of the measures listed in subsection (4), or

(ii) at least 12 months if the person meets one or more of the criteria in subsection (5).

(3) This subsection applies if the person receives support and assistance under one of the following—

(a) section 18(9) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)),

(b) section 9(3)(c) of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12), or

(c) regulation 3(4)(c) of the Human Trafficking and Exploitation (Scotland) Act 2015 (Support for Victims) Regulations 2018 (S.S.I 2018/90).

(4) This subsection applies if the person meets one or more of the following criteria—

(a) leave is necessary due to the person’s circumstances, including but not restricted to—

(i) the needs of that person for safety and protection from harm including protection from re-trafficking,

(ii) the needs of that person for medical and psychological treatment,

(b) the person is participating as a witness in criminal proceedings,

(c) the person is bringing any civil proceedings including pursuing compensation.

(5) Where the person is receiving assistance from a support worker the recommendations of the support worker must be considered in assessing that person’s circumstances under subsection (5)(a).

(6) The Secretary of State must provide for persons granted leave to remain in accordance with this section to have recourse to public funds for the duration of the period of leave.

(7) The Secretary of State must allow a grant of leave to remain under subsection (3) to be extended subject to the requirements of subsection (9).

(8) In determining whether to extend a grant of leave to remain under subsection (8), and the period of time for which such extended leave should be provided, the person’s individual circumstances must be considered, and whether that person—

(a) is receiving on-going support and assistance under the measures set out in either subsection (2) or subsection (4), or

(b) meets one or more of the criteria in subsection (5).

(9) If the Secretary of State is satisfied that the person is a threat to public order—

(a) the Secretary of State is not required to give the person leave under this section, and

(b) if such leave has already been given to the person, it may be revoked.

(10) In this section, if the person is aged below 18 years of age, the best interests of the child must be taken into consideration in accordance with section 55 of the Borders, Citizenship and Immigration Act 2009.

(11) In this section—

“positive conclusive grounds decision” means a decision made by a competent authority that a person is a victim of slavery or human trafficking;

“threat to public order” has the same meaning as subsections (3) to (7) of section 62.

(12) This section is to be treated for the purposes of section 3 of the Immigration Act 1971 as if it were provision made by that Act.’

This new clause would provide new statutory support for victims in England and Wales after a conclusive grounds decisions. It would provide leave to remain for all victims with a positive conclusive grounds decision for at least 12 months to receive support, assist police with their enquiries or seek compensation.

Amendment 127, page 57, line 3 leave out clause 57.

Amendment 128, page 57, line 25 leave out clause 58.

Amendment 5, in clause 58, page 57, line 41, at end insert—

‘(5) The provision of relevant status information identifying a person as a likely victim of human trafficking for sexual services shall constitute a “good reason” for the purposes of this section.’

This amendment would mean that the credibility of victims of human trafficking for sexual services would not be called into question by reason of the late provision of information relating to that fact.

Amendment 6, in clause 58, page 57, line 41, at end insert—

‘(5) Subsection (2) does not apply where the person is a victim of trafficking for the purposes of forced prostitution.

(6) For the purposes of subsection (5) the person may be considered a victim of trafficking for the purposes of forced prostitution if there is evidence that the person—

(a) has been transported from one location to another on a daily basis;

(b) bears signs of physical abuse including but not limited to—

(i) branding;

(ii) bruising;

(iii) scarring;

(iv) burns; or

(v) tattoos indicating gang membership;

(c) lacks access to their own earnings, such as by having no bank account in their own name;

(d) has limited to no English language skills, or only such language skills as pertain to sexualised acts;

(e) lives or stays at the same address as person(s) meeting the criteria in paragraphs (a) to (d);

(f) sleeps in the premises in which they work.’

Under this amendment, late provision of relevant status information would not be taken as damaging the credibility of the person providing the information if that person were a victim of trafficking for the purposes of forced prostitution.

Amendment 7, in clause 59, page 58, line 5, at end insert—

‘(za) at the end of paragraph (a) insert—

“(aa) the sorts of things which indicate that a person may be a victim of human trafficking for sexual services;”.’

This amendment would require the Secretary of State to issue specific guidance on the sorts of things which indicate that a person may be a victim of human trafficking for sexual services.

Government amendments 64 to 69.

Amendment 3, page 59, line 39, leave out clause 62.

This amendment would remove clause 62, which excludes potential modern slavery victims from protection in certain circumstances.

Government amendments 70 to 75.

Amendment 149, page 62, line 18, leave out clause 64.

This amendment is consequential on NC47.

Government amendments 78, 76, 77 and 79 to 83.

Amendment 130, page 63, line 26, leave out clause 65.

This amendment is consequential on NC43.

Amendment 131, page 66, line 1, leave out clause 66.

This amendment is contingent on NC43, Clause 66 would no longer be required if NC43 is agreed to.

Amendment 148, page 66, line 33, leave out clause 67.

Government amendment 84.

Amendment 129, in clause 81, page 79, line 15, at end insert—

‘(6) Part 4 (age assessments) and part 5 (modern slavery) only extend to Scotland to the extent that a motion has been approved by the Scottish Parliament, bringing them into force in Scotland.’

Under this amendment, Parts 4 and 5 of the Bill would not enter into force in Scotland until the Scottish Parliament had given its consent.

Government amendments 85 to 90.

Amendment 16, in clause 82, page 80, line 3, at end insert—

‘(5) Sections [Time limit on immigration detention], [Initial detention: criteria and duration] and [Bail hearings] come into force six months after the day on which this Act is passed.’

This amendment would bring NC15-NC17 into force six months after the day on which the Bill is passed.

[Dame Diana Johnson]

I rise to speak to new clause 3, which would put into law a specific offence for trafficking for the purposes of sexual exploitation. We know that serious organised crime networks are deeply involved in this trade in human misery. I thank Kat Banyard at UK Feminista and Tom Farr at CEASE—the Centre to End All Sexual Exploitation—UK, who have helped to draft new clause 3, and the Humber Modern Slavery Partnership at the Wilberforce Institute in Hull for all its help.

Although the Modern Slavery Act 2015 covers exploitation broadly, the catastrophically high number of women and girls trafficked into the UK for the sex industry means that it merits a specific offence. The latest figures from the national referral mechanism show that 60% of women and girls who were identified as potential victims in the past year were trafficked for purposes including sexual exploitation. In 2020, 94 women and 624 girls were trafficked and sexually exploited. These women need specific and targeted protection.

New clause 3 would ensure that the link between human trafficking and sexual exploitation is acknowledged. It would aid efforts to combat the scourge of human trafficking and broader violence against women and girls by providing a framework that would ensure that the authorities respond to individuals who may have been previously viewed as criminals as though they are, in fact, victims of sexual exploitation.

I also want to speak to amendments 5 to 7, which focus on stopping late disclosure affecting credibility and providing guidance to help the relevant authorities to identify victims. Andrew Smith of the Humber Modern Slavery Partnership, an experienced practitioner, told me:

“We know there are various reasons why we might see late disclosure by victims of sexual exploitation and trafficking. Victims may not identify as victims first and foremost, it can be only when a person is removed from the exploitative environment that they understand they were in fact being abused and exploited.”

And yet, the Bill proposes a time limit on disclosure.

The Modern Slavery Policy Unit, co-led by Justice and Care UK and the Centre for Social Justice, stated:

“Presuming late disclosure of modern slavery damages credibility will create barriers to effective identification and engagement with victims.”

The Bill, as it stands, will make identifying and assisting victims of human trafficking more difficult.

Amendment 5 would stop late disclosure affecting the credibility of a claim of being trafficked for the purpose of sexual exploitation. The Home Office’s modern slavery statutory guidance states:

“Victims’ early accounts may be affected by the impact of trauma. This can result in delayed disclosure, difficulty recalling facts, or symptoms of post-traumatic stress disorder. Victims may also be reluctant to self-identify for a number of other reasons that can make understanding their experiences challenging.”

This amendment acknowledges Home Office guidance by ensuring that late disclosure does not damage credibility.

Amendment 6 sets out how a person who makes a late disclosure might be better identified by any relevant authority.

[Mrs Theresa May (Maidenhead) (Con)]

I am very interested in what the right hon. Lady is saying. If we are to stop modern slavery, we must ensure that we catch the perpetrators, which requires victims to be able to come forward with evidence. She is outlining certain elements of the Bill that she fears will restrict victims’ ability to come forward, and I am concerned that the public order disqualification threshold and the time period on slavery and trafficking information notices will also have that effect. Does she share my concerns about those aspects and hope that the Minister will address them specifically today?

[Dame Diana Johnson]

I thank the right hon. Lady for that intervention and pay tribute to her for, as Home Secretary, bringing in the Modern Slavery Act. I sat on the Bill Committee for that Act and I remember well the debates that we had. She should be very proud of her work on this issue, and I absolutely agree with her comments on what the Bill will lead to.

To return to amendment 6, I want to make it clear that putting these guiding factors in the Bill would provide a deeper understanding for the authorities of what they should be aware of and how to identify victims.

Amendment 7 would require the Secretary of State to issue guidance on the specific factors that may indicate that somebody is a victim of human trafficking for the purposes of sexual exploitation. That would provide a framework for the relevant authorities to refer to when trying to discern the type of exploitation that has taken place.

The Under-Secretary of State for the Home Department, the hon. Member for Corby (Tom Pursglove), argued against these amendments in the Bill Committee, stating that the Government did not want to create a “two-tiered system” based on the exploitation that a victim had faced. I think that is simply wrong. Acknowledging the distinct features of trafficking for the purposes of sexual exploitation, as opposed to, for example, forced labour, would improve the authorities’ response and the ability to prosecute and find the perpetrators. Recognising and identifying difference would not create a hierarchy; rather, it would make the system more effective and accurate. The Minister also stated that delineating between trafficking for sexual exploitation and trafficking for other purposes would motivate individuals to put forward falsified referrals. However, all the evidence shows that victims of trafficking for sexual exploitation need more encouragement to come forward, not less.

Finally, I want to speak in support of new clause 47 and the supporting amendment 149, which was tabled by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). He has worked assiduously on protections for victims of human trafficking and modern slavery for many years. The new clause would provide all victims who receive a conclusive grounds decision with 12 months’ leave to remain to either recover, claim compensation or assist the police. The Government need to do more to protect people who have suffered from these horrendous crimes.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I am grateful to be called so early in the debate. Mr Speaker. I will speak to my new clause 47, which has been signed by Members on both sides of the House. The aims of the new clause, which the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) kindly referred to, are very simple. It is not a soft option, but a decent and reasonable one that does two things.

First, it deals with the issue of giving people who have gone through the national referral mechanism, who are therefore rightly in the system, longer to be able to settle and to be properly helped and supported. That is a humanitarian position, having already decided that such people have suffered as a result of modern-day slavery. That was the purpose of the Modern Slavery Act, which was brought in by my right hon. Friend the Member for Maidenhead (Mrs May), and this proposal will make that even better as we go forward and learn from it.

The second aspect is very important. The police keep telling us that, if they had more time to help those people to give testimony, we would get many more prosecutions and we would, ironically, shut down more of the ghastly criminal channels that are bringing these people in. This is about being strong in both prosecution and humanitarian terms, and that is the purpose of the new clause. I remind everybody that when the Centre for Social Justice wrote the first big paper about modern-day slavery, my right hon. Friend—we were both in Government at the time—was moved and decent enough to be able to push this point in government and put the legislation through, which meant that we were the first country in the world to acknowledge modern-day slavery and legislate for it. We should be proud of that. It is one of those things on which the British Parliament historically will be spotted for having led the way worldwide. Other Parliaments have followed suit—not all of them, but many have—with their own versions of that legislation.

We should be proud that a Parliament can work to do right by people who have too often been abused. I also remind those here today, and others who may or may not be watching, that the National Crime Agency figures now show that between 6,000 and 8,000 modern slavery offenders are in the UK, but there were just 331 prosecutions in 2020 under the Modern Slavery Act and only 49 convictions. Does that not tell us a story? It tells us that, good as we think we are, we are not winning this battle, and the police know it.

English Channel Small Boats Incident

Diana Johnson Excerpts

Thursday 25th November 2021 Commons Chamber

[Priti Patel]

I take issue with the hon. Lady’s comments. Let me say first that the Immigration Minister met representatives of COSLA on Monday and these issues did not arise. Secondly, I have never said that migration is a UK-France issue; I have always said that it is a global issue. It is no use pointing to my colleagues; the hon. Lady was putting the question directly to me. I have always maintained that this is a global crisis, and I have always been proactive in speaking to my counterparts in EU member states and other countries. I have even hosted meetings with them. I think that that context is equally important.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

This is the most awful tragedy, and I want to add my condolences to all who have been affected by it. However, it is surely right to point out that the Home Office has failed to get a grip on this issue for far too long. In a week when the Home Affairs Committee has recommended that the Windrush compensation scheme should be removed from the Home Office because of issues of competency, is it not time that this matter was also removed from the Home Office and given to the Cabinet Office, and is it not time for a cross-Government response?