Oral Answers to Questions

Lord Brennan of Canton Excerpts

Monday 5th January 2015 Commons Chamber

[Lynne Featherstone]

I am more than happy to congratulate my hon. Friend’s local police on their efforts to reduce crime and their success in doing so. As I said, I congratulate all police forces across the country who are managing the reductions efficiently and cutting crime.

[Kevin Brennan (Cardiff West) (Lab)]

Does the Minister agree with Sir Tom Winsor that policing shoplifting is not necessarily to be done?

[Lynne Featherstone]

I might not have put it that way, but when one compares murder with shoplifting, that is one issue. The important point is that all crime should be tackled, regardless of what it is. Someone might start with shoplifting, but who knows where they will end up? Our objective is to cut all crime.

Wanless Review

Lord Brennan of Canton Excerpts

Tuesday 11th November 2014 Commons Chamber

[Mrs May]

My hon. Friend makes a very important point. It is precisely those sorts of issues that have led people to query what has happened, question the attitude taken to these matters and ask the very question he raises about why there do not seem to have been any prosecutions off the back of it. Wanless and Whittam were specifically asked to look at how the police and prosecuting authorities dealt with any reference that had been made from the Home Office because, as I said earlier, in my view it is not good enough for the Home Office to say, “Well, we’ve reviewed what the Home Office did.” We need to know what happened to the evidence that the Home Office passed on. It is in looking at what further action was taken that I have gone back to Wanless and Whittam in the letter I sent them today.

[Kevin Brennan (Cardiff West) (Lab)]

Can the Home Secretary shed any light on recent press reports that the Dickens dossier might be held in the files of Barbara Castle at the Bodleian library in Oxford?

[Mrs May]

I am unable at this stage to shed any further light on that, but obviously that will be looked into. If there is evidence sitting somewhere like that, we want to ensure that it is available to the inquiry.

Child Abuse

Lord Brennan of Canton Excerpts

Monday 7th July 2014 Commons Chamber

[Mrs May]

The point is that the inquiry panel should be able to look at historical allegations and identify what lessons need to be learned. As I indicated in response to an earlier question, I think it is appropriate for me to make it clear again that it will not be for the inquiry panel to determine a particular allegation; if there is an allegation where a criminal investigation is more appropriate, it should be referred to the police for criminal investigation. It will, however, be looking across the board at these historical allegations and at why so many children in so many different environments—in the care of the state and in other areas—found themselves the victims of this abuse and apparently nothing was done to protect them properly.

[Kevin Brennan (Cardiff West) (Lab)]

Further to the points made by my hon. Friend the Member for West Bromwich East (Mr Watson), we know that special branch suppressed files alleging criminality in the Cyril Smith case. Allegations have been made that the intelligence services have been involved in the hushing up of police inquiries. Will the Home Secretary accept in terms, and tell the House today that she accepts completely, that without access to those records, including those of the intelligence services, this new inquiry will not be able to establish the truth?

[Mrs May]

I had hoped that I had made it clear to the House that it is my intention and expectation that all material, or Government papers, will be made available to the inquiry panel. The caveat that I put on that—I am sure that the hon. Gentleman and other right hon. and hon. Members will recognise this—is that if, when we are dealing with this material, intelligence matters are involved, certain care will have to be taken in the way in which that material is dealt with. I intend that, as far as possible, Government papers will be made available to the inquiry so that that inquiry can come to a proper determination.

Extremism

Lord Brennan of Canton Excerpts

Monday 9th June 2014 Commons Chamber

[Mrs May]

My hon. Friend has spoken very wise words and he is absolutely right.

[Kevin Brennan (Cardiff West) (Lab)]

The Home Secretary’s special adviser had to resign—it was right that she did so—although, after what the right hon. Lady said, we do not know whether that is related to the letter. The Education Secretary, rightly, was disciplined for breaching the ministerial code. Does the Home Secretary feel that she bears any responsibility for “certain things” that have happened?

[Mrs May]

The hon. Gentleman is well aware of the progress of what happened in relation to the Cabinet Secretary’s investigation of last week’s events. The investigation took place at the request of the Prime Minister. The Cabinet Secretary did that swiftly and a number of actions resulted from it.

Asian Restaurateurs (Immigration Enforcement)

Lord Brennan of Canton Excerpts

Wednesday 2nd April 2014 Westminster Hall

[Nia Griffith (Llanelli) (Lab)]

I am grateful to have been afforded the opportunity to raise the treatment of Asian restaurateurs by immigration enforcement officers. I seek to make this a constructive debate on a very difficult issue, and I genuinely hope that it will lead to a more productive relationship between Asian restaurant owners and immigration enforcement officers.

[Kevin Brennan (Cardiff West) (Lab)]

My hon. Friend is absolutely right to try to make this a constructive debate. Of course, I know that hard-working immigration officers have to do their job, but was she as disturbed as I was when a group of restaurant owners came to the House of Commons last week and described some of the ways in which they and their staff were being treated? Should not the Minister explain why that must not happen again?

[Nia Griffith]

That is a good point. It was distressing to hear some of the stories that we heard last week, which is why I have secured the debate. The meeting that was held last week brought a delegation of Asian restaurant owners from south Wales to the Houses of Parliament for a meeting arranged by my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty). He had invited representatives from the immigration enforcement service to attend, but they were unfortunately unable to do so at short notice. However, my right hon. Friend the Member for Delyn (Mr Hanson), Labour’s shadow Immigration Minister, attended, and I am grateful for his presence today, even though the rules of debate mean that he does not have an opportunity to make the case from the Opposition Front Bench.

As my right hon. Friend the shadow Minister said last week, we all agree that we need strict border security and proper enforcement of immigration rules, but the way in which some Asian restaurant owners have been treated by immigration enforcement officers is nothing short of disgraceful, and it is damaging to business. Times are tough, so to have immigration officers arriving at 7 o’clock on a Friday evening, causing distress among the customers, slamming the doors and handcuffing the chefs before they can even turn off the cookers is simply not acceptable. It causes not only immense financial loss on the evening in question, but irreparable damage to the reputation of that restaurant, particularly in a small town, and it will take years to rebuild customers’ confidence in returning to the restaurant. That is an acute embarrassment. Sadly, in some cases, it was even found that there were no substantive grounds for going there in the first place, so it was a complete waste of taxpayers’ money.

The debate coincides with the publication last month of the report by the independent chief inspector of borders and immigration on the use of the power to enter business premises without a magistrate’s search warrant. The report makes the point that two thirds of visits to business premises lack the necessary justification. Although the report focuses on a particular issue, it highlights more general points, such as widespread non-compliance with the guidance and lack of oversight procedures by senior management, who seem to have quite limited knowledge of the power as it is being used in practice. The report highlights visits on purely speculative grounds and inadequate staff training. It mentions that significant numbers of staff and management were either ignorant of, or choosing to ignore, the guidance. It also highlights a lack of understanding of what constitute suitable grounds for a visit, and gives an example of how an allegation should be backed up by any available data from, for example, Her Majesty’s Revenue and Customs.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

It is a pleasure to serve under your chairmanship this afternoon, Mrs Osborne. I apologise on behalf of the Minister for Security and Immigration, who would normally attend the debate; he is in the main Chamber dealing with another matter. He has not yet worked out how to be in two places at once, but we are training him.

I congratulate the hon. Member for Llanelli (Nia Griffith) on securing the debate, which has been very interesting, and I have listened carefully to the points made. We have heard a range of views on the subject of illegal working, and I will respond to each in turn. Before I do so, it might be helpful for Members if I set out the background to illegal working and enforcement visits.

I make no apology for the enforcement of immigration laws. The message we have heard today seems to be that that view is supported throughout the House. The British public expect the Home Office to enforce the law and to remove those persons who have no legal entitlement to live or work in the United Kingdom. We are committed to tackling illegal working, because it sustains illegal immigration, fuels organised crime and encourages migrants to put their livelihoods at risk and place themselves in the hands of people who exploit them. Illegal working also undercuts legitimate businesses, as rogue employers typically undercut the national minimum wage and avoid national insurance contributions.

The Government take, and will continue to take, tough enforcement action to arrest, detain and forcibly remove those who are breaking the law by living and working in the UK illegally. Immigration enforcement does that by conducting intelligence-based operations to target illegal immigration, illegal working and the criminality that supports illegal immigration. We will also act against those who support and fuel illegal activity. That is why we have laid before Parliament new regulations that will double the maximum penalty for employing an illegal worker from £10,000 to £20,000. We are also taking action via the Immigration Bill to simplify the process of receiving unpaid penalties.

Illegal working occurs in a wide range of businesses across the UK, and immigration enforcement targets known offenders, and acts on intelligence received to target businesses believed to be employing illegal workers. We also conduct follow-up checks on past offenders to ensure that they continue to be compliant. The catering trade receives a significant number of enforcement visits, but that reflects the intelligence we receive and the prevalence of immigration offences in a low-cost and highly competitive sector.

The hon. Member for Cardiff South and Penarth (Stephen Doughty) asked for the statistics regarding the visits. In the UK as a whole, of the 7,904 illegal working visits carried out by immigration enforcement last year, around half—3,972—were carried out at restaurants or takeaways. In Wales, from 1 January 2013 to 31 December 2013, 665 illegal working visits were conducted by enforcement teams, from which there were 379 arrests. The number of visits to restaurants and takeaways was 434.

I recognise the disturbance that may be caused to a business when an enforcement operation is undertaken, especially during peak times, and especially if no offence is encountered. I sympathise with the concerns raised; my parents are publicans, so I understand that, when someone is running a business, they want to do so as effectively, and in as hassle-free a way, as possible. However, the busy times are when we are able to maximise the likelihood of achieving a successful outcome. In the 7,904 enforcement visits made last year in the UK, we made a total of 7,274 arrests. That shows that our actions are warranted and successful. Our actions are based on intelligence, and immigration officers are carrying out their statutory duties to investigate that intelligence. We make every effort to verify the strength of the intelligence received, but inevitably there will be some operations where no offender is encountered.

Immigration enforcement staff have a difficult job to do, but it is best done in co-operation with others, as Opposition Members have said. I would like to highlight the good relationships and constructive dialogue that have been established by immigration enforcement staff with Asian restaurateurs to keep them informed of their work and purpose, and to equip them with the knowledge to recognise and deter illegal working, so that they do not unwittingly employ illegal immigrants.

[Kevin Brennan]

In that case, why did immigration officials withdraw from the meeting last week at such short notice? Why did they become so difficult for my hon. Friend the Member for Llanelli (Nia Griffith) to contact?

[Karen Bradley]

I cannot answer specifically on that meeting, but there is an excellent relationship with the Bangladesh Caterers Association. That is a prime example of the relationship that officials have with restaurateurs. Regional events take place regularly involving both immigration enforcement and the BCA. The previous Immigration Minister, my hon. Friend the Member for Forest of Dean (Mr Harper), met the London Chinatown Chinese Association, which agreed to co-operate with us. We offered it help, saying that if it co-operated with us and helped us to identify illegal workers, we could then speak to those workers instead of conducting raids at peak times. That relationship has since been working well.

[Karen Bradley]

I conducted lengthy discussions with officials in preparation for this debate, and I have been assured and reassured that officials are working hard with the bodies that represent restaurateurs, and that there is a great deal of co-operation between, and a desire to co-operate on, both sides. We want to make enforcement work.

It is undeniable that, in the industry, there is opportunity for the exploitation of workers who are here illegally, which we need to deal with and tackle. However, the hon. Lady is absolutely right: the best way to do that is by co-operation, which we are actively ensuring. Where concerns have been raised by restaurateurs—for example, regarding simplifying documentation checks for overseas workers—we have considered them and sought to introduce change where appropriate. For instance, we are reducing the list of documents that employers have to present at right-to-work checks. The first changes will be introduced at the end of April. In the longer term, we intend to focus the checking system for non-European economic area nationals on the biometric residence permit.

While employers sometimes raise concerns about our approach, there is also broad support from legitimate employers for proactive enforcement action against rogue employers, who are competing unfairly against them. Like the rest of the public, legitimate employers have concerns about illegal immigration and support the aspirations of hard-working people from the UK. They experience at first hand how businesses are undercut by illegal cost-cutting activity, and recognise that it is often associated with exploitative behaviour such as tax evasion and harmful working conditions.

[Kevin Brennan]

Will the Minister give way?

[Karen Bradley]

I will not, only because we are running out of time, and I want to address the specific points raised.

We expect to see continued and greater co-operation from the restaurant industry on employers investing in training and embracing the use of resident labour. The Migration Advisory Committee has repeatedly expressed its disappointment at slow efforts by the sector to train more chefs.

Turning to points raised in the debate, the hon. Member for Llanelli asked whether there was justification for visits, and asked whether there was perhaps a lack of oversight and guidance. One issue was identified by the report; we have discussed this, and the Home Office is already aware of that and is acting on it. No letters were issued or authorised without justification since the report, and the power is now being used correctly. The hon. Lady also asked about joined-up working—about Her Majesty’s Revenue and Customs and the Home Office making separate visits, for instance. She is absolutely right: joined-up working is an absolute priority for the Home Office. We are focusing on streamlining the different agencies looking at illegal working to ensure that the number, and therefore cost, of operations is minimised.

The hon. Lady asked about the substantive grounds for some operations. Every operation is based on the intelligence that we have at the time, but intelligence is not always perfect. We work on very fine intelligence, but have a statutory duty to investigate allegations if we believe them to have a foundation. If we did not follow those allegations up, we would be criticised for it.

I am pleased to say that the majority of people in the country agree with the Government and want a robust stance on immigration and illegal activity. Our illegal working operations must be seen in the wider context of the reforms of the immigration system under the Government. Our tough reforms are carefully targeted, and we will continue to work hard to bring net migration down from the hundreds of thousands to the tens of thousands by the end of this Parliament, and to create a selective immigration system that works in our national interest. Put together, our engagement with local communities, enforcement activity and reforms will ensure that individuals who have no right to work or live in the UK are encouraged to comply with the rules and depart voluntarily, but individuals who partake in illegal activity or harbour those who do will always be sanctioned in line with UK law.

I am grateful to have had the chance to listen to the hon. Member for Llanelli and others today. I thank her again for securing this debate and will reflect further on the points made.

Oral Answers to Questions

Lord Brennan of Canton Excerpts

Monday 27th January 2014 Commons Chamber

[Norman Baker]

I am grateful to my hon. Friend, who makes an important point. We have given teachers stronger powers to tackle cyber-bullying by searching for and, if necessary, deleting inappropriate images or files on electronic devices, including mobile phones. It is critical to educate young people about the risks of sending intimate photographs. The Child Exploitation and Online Protection Centre has developed a specific educational resource to tackle sexting that is designed for use by teachers. There are numerous laws in place that can be used to deal with those who behave in this appalling manner.

[Kevin Brennan (Cardiff West) (Lab)]

Would not updated compulsory sex and relationships education help to tackle this problem? Is the Minister confident that the police know how to deal with issues such as revenge pornography, to which one of my constituents was subjected, and which she did not get very much help from the police in trying to tackle?

[Norman Baker]

I am sorry to hear about the hon. Gentleman’s constituent and her experience. The Government has made it clear that online crime is as serious as offline crime—there is no difference there—and we expect the police to conduct rigorous inquiries into online offences or potential offences. There are numerous pieces of legislation that they can use including, for example, the Malicious Communications Act 1988, under which it is an offence to send communications or other articles with intent to cause distress or anxiety.

Oral Answers to Questions

Lord Brennan of Canton Excerpts

Monday 2nd December 2013 Commons Chamber

[Mr Harper]

On the first point, predictions only have any value if they are accurate. I am sure that my hon. Friend was listening carefully to my earlier answer, but the figures from independent commentators—from the countries concerned to Migration Watch and other forecasters—are wide-ranging. Indeed, from what I think I heard an Opposition Member say, there is a political party in this country that thinks that all 29 million citizens of those two countries are going to arrive at Heathrow airport on 1 January. With that range of forecasts, it would not be wise to make any predictions.

[Kevin Brennan (Cardiff West) (Lab)]

16. What changes she is considering to terrorism prevention and investigation measures.

[The Secretary of State for the Home Department (Mrs Theresa May)]

TPIMs provide some of the most restrictive measures available in the democratic world and, unlike control orders, they have been consistently upheld by the courts. The Security Service and police believe they have been effective in reducing the threat posed by TPIM subjects, and the Government have made it clear to the police and Security Service that every available power under TPIMs should be used to its fullest possible extent.

[Kevin Brennan]

In the last year under the Homes Secretary’s scheme, Ibrahim Magag and Mohammed Ahmed Mohamed have absconded. Does she have any idea where either man is, and will she confirm that, contrary to what she said last time she was in the House, she has no idea where Mr Mohamed’s passport is?

[Mrs May]

I am grateful to the hon. Gentleman for giving me the opportunity to make verbally the amendment I made in Hansard. In my statement to the House about Mr Mohamed, I told the right hon. Member for Leicester East (Keith Vaz), the Chairman of the Home Affairs Select Committee, that I thought the police had his passport. I wrote to him afterwards explaining that that information was incorrect. The police did not have his passport, because when he returned to the UK, he was not in possession of a passport and therefore it was not possible to remove it from him.

Mohammed Ahmed Mohamed

Lord Brennan of Canton Excerpts

Monday 4th November 2013 Commons Chamber

[Mrs May]

When Mr Mohamed is caught, as I hope he will be, he will of course be guilty of a breach of his TPIM order, and I would expect appropriate prosecution to follow.

[Kevin Brennan (Cardiff West) (Lab)]

Would not the difficult job of keeping up surveillance on these nine individuals who are subject to TPIMs be made easier if relocation orders were made available? Does the Home Secretary not understand that the British people would expect her at least to review these procedures in the light of the fact that all it seems necessary to do to evade them is either to hail a black cab or to dress up in a burqa?

[Mrs May]

I have made it absolutely clear that all the measures relating to individuals under TPIMs are regularly reviewed to ensure that they continue to be appropriate. We have made more funding available to the police and to the Security Service when the TPIMs were introduced—and that funding continues to the tune of extra tens of millions of pounds a year—to enhance their capabilities for dealing with these subjects. I remind the hon. Gentleman, furthermore, that the police and security services have to deal with a number of individuals, not simply those involved in TPIMs, and we saw some good prosecutions earlier this year of those who were involved in plots to cause significant harm to British citizens.

Oral Answers to Questions

Lord Brennan of Canton Excerpts

Monday 15th July 2013 Commons Chamber

[Mr Harper]

I agree, and that is part of what we are trying to achieve in our proposals on the health consultation, on landlords and on the consultation we published last week on cracking down further on illegal working. We want Britain to be a welcome place for those who come here to contribute, but we want to deter those who do not, and make sure those who are here without any legal status are removed or leave the country.

[Kevin Brennan (Cardiff West) (Lab)]

In introducing measures to protect public services, will the Minister take care not to bring about unintended consequences? One of my constituents, a UK citizen, has been studying in the US and cannot bring his wife into the country from the US because while he was studying she was supporting him. He was therefore not earning the threshold income that is now required to come to the country, despite the fact that he has a contract here with money well above the threshold. Will the Minister look into that issue?

[Mr Harper]

I clearly do not know all the details of the specific case the hon. Gentleman raises, but if he writes to me about it I will look into it. The general principle of our family migration reforms, however, was to make sure those who wanted to bring family members to Britain were earning above a certain level of income so they supported their family, rather than expecting the taxpayer to do so, and that general principle is a very well founded one.

Oral Answers to Questions

Lord Brennan of Canton Excerpts

Monday 10th June 2013 Commons Chamber

[Mrs May]

It would not be appropriate for me to comment on the benefit position of an individual, but I regularly meet the Secretary of State for Work and Pensions to discuss policy proposals on a range of issues. As the Prime Minister said to the House last week, we should do all we can to challenge poisonous ideologies. It is right that we look at all options, including whether it is possible to limit the right of individuals of concern to access straight benefits. We robustly challenge behaviours and views that run counter to our shared values, such as democracy, the rule of law, individual liberty and mutual respect, and the tolerance of different faiths and beliefs. When appropriate, we will use the full force of the law to challenge extremist activity.

[Kevin Brennan (Cardiff West) (Lab)]

The issue of legal highs is difficult, because if we just ban them, another substance quickly springs up. Have the Government given any consideration to following the example of New Zealand and legislating to put the onus on the sellers of legal highs to prove they are safe?

[Mr Browne]

Those who study these matters closely, such as the hon. Gentleman and me, will be familiar with the New Zealand model. It raises some interesting questions, which we are considering as part of our international case study. It is not without practical problems, however, and I do not think that it would provide an instant solution to our woes, but it is worthy of further consideration.