Draft Strikes (Minimum Service Levels: Border Security) Regulations 2023

Debate between John McDonnell and Robert Jenrick

Monday 27th November 2023 General Committees

[Robert Jenrick]

I suspect I have a higher regard for people working in Border Force than some of those who contributed to the debate. It is precisely because what it does is critical to our security that I want to ensure that a minimum service level is maintained on every day of the week. I think Border Force is akin to a uniformed service. I do not think it is a doing a basic service stamping passports and letting people through our airports. It is protecting the public, which is why we need to ensure that we maintain the service every day of the week. I do not think the regulations will impact on recruitment and retention. In fact, we are enlarging all the relevant organisations, including the Passport Office, Border Force and allied organisations such as Immigration Enforcement and the Small Boats Operational Command. In most, if not all, of those cases, the jobs are oversubscribed, because thousands of our fellow citizens want to take part in this important work on behalf of the general public. With that—

[John McDonnell]

Before the Minister concludes, will he give way?

[Robert Jenrick]

I will not give way to the right hon. Gentleman.

[John McDonnell]

Will he answer the question on conciliation?

[Robert Jenrick]

I have already said that the Government have made a clear and unambiguous commitment to have non-binding conciliation services with regard to the regulations. That is the offer we have made to the unions, and we intend to follow it through. I commend the regulations to the Committee.

Question put.

Illegal Migration

Debate between John McDonnell and Robert Jenrick

Tuesday 24th October 2023 Commons Chamber

[Robert Jenrick]

I join my hon. Friend in paying tribute to all those who work at our facilities in Dover and on the south coast. This is very challenging and difficult work. At times, they have had to cope with immensely difficult experiences, and they have saved hundreds, indeed thousands, of lives in the process.

The point that should be reinforced to my hon. Friend’s constituents is that, although today marks significant progress—certainly very significant progress compared with what we see in other European countries—it is clearly not enough. Her constituents want us to stop the boats entirely, which is what we are setting out to do. Today is not a day for triumphalism. It is a milestone, and tomorrow we get back to work and get back to stopping the boats.

[John McDonnell (Hayes and Harlington) (Lab)]

It is important, as we develop policy, to try to identify issues that might come up further down the line. As the Minister knows, in my constituency, large numbers of asylum seekers are being processed—I congratulate him on that. Most are gaining status—understandably, because most of them have come from war zones—and they will be seeking employment. On identifying possible issues down the line, has the Minister seen the report by the Bureau of Investigative Journalism in The Independent, which is based on the Home Office’s findings on the treatment of migrant workers? It identified wage theft, forced unpaid overtime, racist abuse, illegal charging of fees for jobs, and insanitary living and working conditions. Will he review the mechanisms for the monitoring of and enforcement against abuse of migrant workers?

[Robert Jenrick]

That is of concern to me and the Home Secretary. We are aware of abuse in some of our communities, and we work closely with immigration enforcement and other agencies to try to bear down on it, because it is not right for individuals to be exploited in the way that the right hon. Gentleman describes. Also, there is a strong correlation between unscrupulous employers who act in that way and other serious failings, such as not paying tax, poor health and safety standards and poor product standards. That is why we need to weed out such behaviour.

Illegal Migration Update

Debate between John McDonnell and Robert Jenrick

Tuesday 5th September 2023 Commons Chamber

[Robert Jenrick]

First, I would say that the number of small boat arrivals coming to the UK has fallen by 20%. That is a very significant achievement, bearing in mind the context of a 100% increase in Italy and corresponding amounts in other border states of the European Union.

However, my hon. Friend is right to say that, despite elevating relations with France to their highest level for many years and doing a great deal of work, there is clearly more that we need the French to do for us. He is particularly right to focus on Belgium: I visited there recently and met with the Belgian Interior Minister, and the approach that that country has taken has been extremely helpful. It has worked very closely with the National Crime Agency, Border Force and policing in the UK, and has been willing to intercept in the water small boats leaving its shores. That has proven decisive: small boats from Belgian waters are now extremely rare, so that is an approach that we encourage the French to follow.

[John McDonnell (Hayes and Harlington) (Lab)]

The Minister will be aware that the cases in my constituency are being processed. From what I have seen, the vast majority are being given leave to remain. The Minister advised me that those people would then be given 28 days’ notice to leave the hotel but, last week, I sent him examples of cases where they have been given five, seven or nine days’ notice. That is creating a homelessness problem in my constituency, because the time is not available to set up the arrangements to house them. The local Christian centre workers have been housing them in their own homes as well, which is wonderful, but we cannot go on like this. I was to meet the Minister next week, but that meeting has been postponed. I would be very happy to meet with his officials, Hillingdon Council and the local Christian centre to talk through how we can resolve this problem, but it is a matter of urgency.

[Robert Jenrick]

I was not aware that our meeting had been postponed—I will look into that immediately after the statement. In one sense, the issue that the right hon. Gentleman has brought to the House is a sign of progress: it means that the work we have done to clear the backlog and create an efficient service is now bearing fruit, and more decisions are being granted. In fact, in the last week in August, over 2,000 decisions were granted in a single week, which is the highest for several years. That will mean that there will be increased pressure on some local authorities, such as the right hon. Gentleman’s, which houses a very large number of asylum seekers. Particularly with respect to families, local authorities will have duties and responsibilities that will be challenging for them. I am very keen to work with him and other Members across the House who are affected by that.

Illegal Migration Bill

Debate between John McDonnell and Robert Jenrick

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

I want to apologise to you, Madam Deputy Speaker, because I do not think I indicated clearly enough that I wanted to speak. Thank you for your generous dexterity in finding time for me.

I want to say one simple thing about the assurances given so far on the detention of children: they are not sufficient. There are large numbers of children who will be detained. The definition of age-appropriate and child-appropriate accommodation is not clear enough.

I remind the House of my experience with Harmondsworth detention centre in my constituency before 2014, when we legislated to prevent children being detained in detention centres. That detention centre was also meant to be age and child-appropriate, but what happened? It simply had a wing with a school and so on, and children were locked up in there for months on end. We saw the reports of individual civil society organisations that assessed the mental health implications of the detention of children at that stage.

So far, the Minister has told me that there is no Government intention to detain children in detention centres again, but, as I said to him before, intention is not good enough. We need legislation to prevent that from happening again. My fear is that, under pressure, Government Ministers will decide that there will be some appropriate decoration of some sections of Harmondsworth and it will be opened up for children again.

I was a house father at a children’s home in Hillingdon. It was one of the traditional children’s homes, run effectively as a family unit. I pursued my own career, and my wife was the house mother in charge and I was the house father. It was like a large fostering unit, basically, and we took in children who had been detained in Harmondsworth. Even before it was of the prison style that it is now, those children were, I believe, scarred for life. I did not think that we would ever return to locking children up in that way. The children we looked after often came to us after they had been lost within the system while their cases were being processed over a long time. They were often separated from their families, who came through other routes. I think the damage was a scandal of this country’s treatment of human beings.

That was why, from 2010 until 2012, we ran a campaign—across all religious groups, and with civil society organisations such as the Children’s Society—and published report after report. David Cameron came forward heroically and said, “We will never detain children again,” and we legislated for that in 2014. We are now going back to detaining children almost indefinitely for some categories. We have not got the assurances that we need about where they will be detained or about the care, comfort and succour that they will have to support them. As a result, if we allow this legislation to go through, it will be a stain upon this House and upon society overall for a long time to come.

I ask Members to think again. We now go back into ping-pong with the other House, which is calling simply for a realistic time limit on the detention of children so that they are not damaged beyond repair in the way they were 10 years ago. I do not think that a simple amendment to set a time limit on children suffering in detention when they arrive in this country is an awful lot to ask of the Government. They often come from countries where they have suffered enough; we should not impose even more suffering on them.

[Robert Jenrick]

With the leave of the House, let me say a few words to close this short debate.

As I said at the outset, when we met and voted 18 times last week, we supported the Bill time and again. In each of those 18 votes, we in this democratically elected Chamber voted to stop the boats, secure our borders and enable this important Bill to move forward. Now is the time for the other place, which is, at its heart, as a number of colleagues have said—

Illegal Migration Bill

Debate between John McDonnell and Robert Jenrick

Consideration of Lords amendments
Tuesday 11th July 2023 Commons Chamber

[Robert Jenrick]

I do not know whether the right hon. Member has been to any of the facilities, but we provide very high-quality facilities for families and children upon immediate arrival in the UK. I have made it a particular focus to ensure that we support those individuals appropriately, ensuring that conditions in those places are decent and compassionate at all times. The cohort of unaccompanied children who passed through the location that he describes last year was largely teenagers. We did not feel that the site was age-appropriate, but it contains a range of support for children and infants, including all the things that he has described. Nothing about the decoration of sites changes the fundamentals: if someone comes to the United Kingdom, we will treat them with decency and compassion at all times.

[John McDonnell (Hayes and Harlington) (Lab)]

I want the Minister to be explicit about the type of detention centre that we are talking about. For example, will children, whether unaccompanied or with their parents, be detained in detention centres such as Harmondsworth and Colnbrook? We agreed on a cross-party basis that they should never again be detained in those centres.

[Robert Jenrick]

The right hon. Gentleman is particularly knowledgeable on this issue, because he represents immigration removal centres. It is not the Government’s intention that families or minors will be housed in those settings. Minors and families will be housed in age-appropriate accommodation, which is entirely separate and different in nature from the immigration removal centres that he represents. There are facilities such as those today, though not a large number of them. As part of the operationalisation of the Bill, we will need to invest in further facilities and ensure that they meet the standards set out in the detention rules as I have just described. I hope that gives him some reassurance.

Illegal Migration Bill

Debate between John McDonnell and Robert Jenrick

Report stage
Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

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

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

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

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

[John McDonnell (Hayes and Harlington) (Lab)]

As the Minister says, amendments 134 and 136 bring in the opportunity to introduce regulations for setting time limits. In the past, when there has been a contentious issue such as this across the House, it has often been the practice for the Government to bring forward draft regulations before the end of the Bill’s passage through both Houses. Can he give us an assurance that we will be able to see the detail of what the Government are thinking?

[Robert Jenrick]

I am not able to give that assurance today, but I will give it careful consideration and come back to the right hon. Gentleman. We must ensure that we give this careful consideration and get these difficult judgments right, and that we learn the lessons from when children have been detained in the recent past. I know he is very aware of that and through his constituency duties has been very involved with the immigration removal centre in his constituency.

We want to ensure that we only detain children in the most limited circumstances and in the right forms of accommodation, with the correct scrutiny and accountability. I have recently spoken with the Children’s Commissioner and asked her to assist us and give us her expert opinion in the further policy development that we intend to do. I am keen to work with any hon. Member across the House who has expertise to bring to bear on the issue.

I turn now to the question raised in Committee regarding modern slavery and to amendment 4 in the name of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), supported by, among others, my right hon. Friend the Member for Maidenhead (Mrs May). They are both international champions of this issue and have played critical roles in establishing the UK as a leading force in modern slavery prevention and the protection of those who have proven to be victims. This issue of modern slavery is also addressed in amendments 12 and 16 in the name of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and amendments 73 and 74 in the name of the hon. Member for Glasgow Central (Alison Thewliss).

The Bill is intended to stop the boats. People are risking their lives by making dangerous crossings and putting unprecedented pressure on our public services. Amending these clauses to create exemptions that could lead to abuse of modern slavery protections, and risk undermining the very purpose of the Bill, is something that we must think very carefully about.

I understand, of course, that in the preparation of their amendments my right hon. Friends the Members for Chingford and Woodford Green and for Maidenhead, and others, have thought in particular about how we can prevent individuals who have been in the UK for a sustained period from being exploited by human traffickers, or, if they are already being exploited, from being deterred from escaping that modern slavery, or raising concerns with civil society or law enforcement bodies. Those are serious issues, and I want to take them forward with my right hon. Friends, listening to their unrivalled expertise through the passage of the Bill, to see whether there are ways we can address and assuage their concerns. For that reason, we will look at what more we can do to provide additional protections to individuals who have suffered exploitation in the UK.

I remind my right hon. Friends that the modern slavery provisions in the Bill are time-limited, recognising the exceptional circumstances we currently face in respect of the illegal and dangerous channel crossings. Unless renewed, the provisions will expire two years after commencement. They take advantage of an express provision within the European convention on action against trafficking, which foresaw that there might be circumstances in which there was a sufficient risk to public disorder, or a crisis that merited taking this kind of action. The Government would argue that we are in that moment now, and for that reason we need to apply that limited exemption.

Asylum Seekers Accommodation and Safeguarding

Debate between John McDonnell and Robert Jenrick

Monday 7th November 2022 Commons Chamber

[Robert Jenrick]

I read the former Member’s article in The Daily Telegraph, and he made a number of important points. Above all, he made the point that public concern about the level of migration to this country—in particular, illegal immigration—is very high and has continued to be high in recent years. If we are to be democrats, we have to listen to that and take action accordingly. We on this side of the House believe in secure borders and controlled migration, and we are concerned about the straining of community tensions and the fabric of communities if we do not take action accordingly. The wise words from Chris Mullin are ones that the Home Secretary and I will certainly heed.

[John McDonnell (Hayes and Harlington) (Lab)]

I wish to raise the situation in Harmondsworth detention centre in my constituency after the events at the weekend. I am grateful to the Minister for the call that we had over the weekend. My understanding from what he told me yesterday is that Harmondsworth has now been decanted. My fear is that once the renovations have taken place it will soon be filled again, because in this country we detain too many people who have engaged in no criminal activity. We detain too many for too long—unjustly, I believe, and often brutally. May I suggest that, as well as sorting out the processing situation, one way of tackling this issue would be to ensure that we have an enforceable limit on how long people are trapped in the process of assessment and on how long people can be detained in our detention centres?

[Robert Jenrick]

I thank the right hon. Gentleman for those suggestions; I will bear them in mind. I respectfully disagree about whether those individuals who are destined to be removed from the UK, particularly foreign national offenders, should be in institutions such as the immigration removal centre in his constituency. I appreciate that that that is not all of them.

May I take the opportunity that the right hon. Gentleman’s question gives me to thank his constituents, the immigration enforcement officers, the prison officers and all those who responded heroically to the disturbance over the weekend? I am pleased to say that it has now been brought under control, that all the inmates at the site have been decanted to other IRCs, and that the contractor will be making the necessary improvements to the site as quickly as possible so that it can get back up and running and we can ensure that the situation does not happen again.