Immigration Bill

Debate between Lady Hermon and Andy Burnham

Tuesday 13th October 2015 Commons Chamber

[Andy Burnham]

The JCWI believes that the figures I quoted are likely to underestimate the scale of the problem because of the nature and timing of the survey, but also because the problems are likely to be magnified much further in London, where there is a much bigger private rented sector and many more migrants. It says that

“these proposals will only…deepen the discrimination”

that already exists against people like those in my hon. Friend’s constituency who are seeking a tenancy.

When is the Home Secretary going to publish these conclusions, and why are we in this position today? In failing to produce the evidence, she has simply not made the case for the measures that she wants the House to vote on tonight. This is a major change in the law and she has not made the case for it.

Thankfully, the days when landlords displayed unwelcoming notices in the windows of their lodgings are gone, hopefully for good, but these document checks could legitimise a new wave of discrimination which, by being hidden, could be far harder to challenge. Only last week at the Conservative party conference, the Prime Minister highlighted how young people from black and Asian backgrounds face discrimination when they send out their CV, purely on the basis of their name. He was right to do so, and it was refreshing to hear it from a Conservative Prime Minister. But if he was really genuine, this question follows: why is he legislating to create exactly the same situation—the same everyday discrimination—in the housing market against people with foreign-sounding names? If he really believed what he said, he should ask his Home Secretary to think again.

Let me turn to employment—another area where there could be major unintended consequences if the Bill passes in its current form. I said earlier that we support measures to tackle illegal working that build on the Immigration, Asylum and Nationality Act 2006, which I helped to take through as a junior Home Office Minister, but we have major reservations about the new offence of illegal working in clause 8. In the words of Justice, “it is unnecessary and risks undermining important efforts made over recent years to address issues such as trafficking and modern-day slavery.”

Justice does not believe the assurances that were given to the hon. Member for Brighton, Pavilion (Caroline Lucas) by the Home Secretary. The sanctions that could be applied to an individual range from confiscation of wages right up to imprisonment. Justice says:

“Fear of prosecution and imprisonment is likely to deter the vulnerable, such as trafficked women and children, who are working illegally from seeking protection and reporting rogue employers and criminal gangs.”

What evidence can the Home Secretary give the House to show that that would not be the case? More broadly, this new offence will merely strengthen the arm of unscrupulous employers and reduce the likelihood of any employee coming forward to report them. For that reason, rather than tackling illegal working, is not the Bill likely to have the opposite effect and potentially increase the size of the black economy?

[Lady Hermon]

May I push the right hon. Gentleman’s party colleagues a little further? When campaigning to change the worst bits of this Bill—and there are some really dreadful bits—will they include the provision of guarantees whereby those who are trafficked as slaves through human trafficking and end up in the United Kingdom are given the same defences as those who are protected under the Modern Slavery Act 2015? Those defences must be replicated in this Bill. Will he confirm that his party will support those changes?

[Andy Burnham]

Justice does not accept the assurances that were given by the Home Secretary. I can therefore tell the hon. Lady that we will co-operate with her in Committee, if she takes part in it, to get those assurances into the Bill, because she is right to call for them.

Let me turn to human rights and civil liberties. The Bill extends the power of the Executive in a number of troubling ways. Part 4, as the Home Secretary said, proposes a major extension of the “deport first, appeal later” approach from foreign national offenders to all human rights claims. What case has the Home Office made to persuade Members that it can safely be given such sweeping powers? It has hardly covered itself in glory over the years with the speed or quality of its decision making. Let us remember that this is a Department that today has a backlog of over 300,000 immigration cases—a Department where up to 50% of the initial decisions that it makes are found to be wrong on appeal. With these figures in mind, are we really ready to give the Home Secretary much greater powers to remove migrants before their appeals have been determined? Again, the Government are asking us to legislate before the impact of the last extension has been fully evaluated. The Equality and Human Rights Commission says that, by denying people the ability to be present at their own appeal, the Bill is potentially in breach of articles 6, 8 and 13 of the European convention on human rights.

I ask all colleagues on both sides of the House to think, before they vote tonight, of the genuine cases they have dealt with and the people they have got to know at their surgeries whom they have rightly helped to stay here in challenging a Home Office decision. They should think of them before they legislate to allow people in a similar position to be removed without being able to attend their own appeal.