Investigatory Powers (Amendment)Bill [Lords]

Rosie Winterton Excerpts

Report stage
Monday 25th March 2024 Commons Chamber

[Dan Jarvis (Barnsley Central) (Lab)]

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

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

New clause 2—Requirement for the Secretary of State to publish an annual report on technology-enabled serious and organised crime and technology-enabled threats to national security—

“After section 234 of the Investigatory Powers Act 2016, insert—

“234A Requirement for the Secretary of State to publish an annual report on technology-enabled serious and organised crime and technology-enabled threats to national security

(1) The Secretary of State must publish a report on technology-assisted crime insofar as it relates to measures set out in this Act and the Investigatory Powers Act 2016.

(2) The report must be published within one year of the passing of the Investigatory Powers (Amendment) Act 2024, and annually thereafter.””

This new clause would ensure the Secretary of State publishes an annual report on technology-enabled serious and organised crime and technology-enabled threats to national security insofar as it relates to measures set out in this Act and the Investigatory Powers Act 2016.

New clause 3—Prevention of torture or cruel, inhuman or degrading treatment or punishment—

“(1) The Investigatory Powers Act 2016 is amended as follows.

(2) Before section 260 (and the cross-heading before that section), insert—

“Prevention of torture or cruel, inhuman or degrading treatment or punishment 259A Prevention of torture or cruel, inhuman or degrading treatment or punishment

No public authority may take any action, whether retention, examination, disclosure, handing over to any overseas authority or any other action authorised by this or any other enactment, in relation to material obtained in accordance with the provisions of this Act if the public authority knows or believes that action—

(a) would result in torture or cruel, inhuman or degrading treatment or punishment, or

(b) presents a real risk of resulting in torture or cruel, inhuman, or degrading treatment or punishment.””

New clause 4—Members of Parliament: interception and examination of communications and equipment interference—

“(1) The Investigatory Powers Act 2016 is amended as follows.

(2) In section 26 (targeted interception warrants and targeted examination warrants: Members of Parliament etc.), after subsection (2), insert—

“(2A) The Secretary of State may not issue the warrant if it relates to communications sent by, or intended for, a member of the House of Commons.”

(3) In section 111 (targeted equipment interference warrants: Members of Parliament etc.), after subsection (7), insert—

“(7A) A warrant may not be issued under this section if it relates to—

(a) communications sent by, or intended for, a member of the House of Commons, or

(b) a member of the House of Commons’s private information.””

This new clause would remove the ability of the Secretary of State to authorise the interception of the communications of, or the obtaining of communications intended for, or private information belonging to, Members of Parliament.

New clause 5—Interception notification for Members of Parliament etc.—

“After section 26 of the Investigatory Powers Act 2016 (Members of Parliament etc.) insert—

“26A Interception notification for Members of Parliament etc.

(1) Upon completion of conduct authorised by a warrant under section 26, or the cancellation of a warrant issued under that section, a Judicial Commissioner must notify the subject of the warrant, in writing, of—

(a) the conduct that has taken place, and

(b) the provisions under which the conduct has taken place.

(2) The notification under subsection (1) must be sent within thirty days of the completion of the conduct or cancellation of the warrant.

(3) A Judicial Commissioner may postpone the notification under subsection (1) beyond the time limit under subsection (2) if the Judicial Commissioner assesses that notification may defeat the purposes of an ongoing serious crime or national security investigation relating to the subject of the warrant.

(4) A Judicial Commissioner must consult the person who applied for the warrant in order to fulfil an assessment under subsection (3).””

This new clause would require members of a relevant legislature who are targets of interception to be notified after the fact, as long as it does not compromise any ongoing investigation.

Amendment 7, page 3, line 9, leave out clause 2.

Amendment 8, in clause 2, page 3, line 17, leave out “, or only a low,”.

Amendment 24, page 3, line 18, at end insert—

“(1A) This section does not apply to a bulk personal dataset unless it has been published in accordance with the Data Protection Act 2018.”.

This probing amendment would mean that individual and category authorisations for bulk personal datasets would not apply to bulk personal datasets unless they had been published in accordance with General Data Protection Regulation (GDPR) set out in the Data Protection Act 2018.

Amendment 9, page 3, line 34, at end insert—

“(4) By way of example, bulk datasets of images obtained by CCTV and bulk datasets of Facebook posts are not to be considered datasets where the individuals to whom the data relates could have no, or only a low, reasonable expectation of privacy.”.

This is a probing amendment regarding the scope of “low or no reasonable expectation of privacy”.

Amendment 10, page 5, line 7, leave out “any dataset that falls” and insert “all datasets that fall”.

This amendment would clarify that all the datasets covered by a category authorisation must be “low or no privacy” and not just some of them.

Amendment 11, page 11, line 2, at end insert—

“226DZA Notification and review of bulk personal datasets retained under category authorisations

(1) This section applies where a category authorisation has been approved by a Judicial Commissioner under section 226BB.

(2) The head of an intelligence service, or a person acting on their behalf, must notify the Judicial Commissioner within 28 days of a bulk personal dataset being retained or retained and examined under the category authorisation.

(3) The notification under subsection (2) must include a description of the dataset and the data it includes, the purpose for which it is being used and the number of individuals whose data is contained in the dataset.

(4) The Judicial Commissioner, on reviewing any notifications received under subsection (2), must cancel the category authorisation if the Commissioner considers that section 226A no longer applies to any dataset that falls within the category of datasets described in the authorisation.

(5) The Judicial Commissioner, on reviewing any notifications received under subsection (2), must cancel the relevant individual authorisation if the Commissioner considers that the condition in section 226B(4) is not met in relation to that bulk personal dataset.”

This amendment would provide for ex-post facto judicial oversight of the use of category authorisations, including the conditions for individual authorisations made under them.

Amendment 13, in clause 12, page 34, leave out lines 5 and 6 and insert—

“(e) where the communications data has been made publicly or commercially available by the telecommunications operator or postal operator”.

This amendment would align the new provisions with existing Communication Data Codes of Practice.

Amendment 12, page 34, leave out lines 5 and 6.

This amendment would remove one of the example cases where a relevant person has lawful authority to obtain communications data from a telecommunications operator or postal operator, being where the data has been “published”.

Government amendments 3 to 6.

Amendment 14, page 36, line 2, leave out clause 15.

Amendment 15, to clause 15, page 36, line 35, at end insert—

“(c) the Investigatory Powers Commissioner agrees with the judgment of the officer made in accordance with paragraph (b)”.

This amendment would ensure that all use of new powers in relation to Internet Connection Records was subject to oversight by the Investigatory Powers Commissioner.

Amendment 16, page 38, line 11, leave out clause 18.

Amendment 17, page 44, line 39, leave out clause 21.

Amendment 18, in clause 21, page 45, line 3, at the beginning insert “Subject to subsection (1A),”.

This amendment is consequential on amendment 19.

Amendment 19, page 45, line 6, at end insert—

“(1A) The Secretary of State may not give a relevant operator a notice under this section unless the notice has been approved by a Judicial Commissioner.

(1B) In deciding whether to approve a notice under this section, a Judicial Commissioner must review the conclusions of the Secretary of State as to the matters referred to in subsections (5) and (6)”.

This amendment would introduce judicial oversight of new powers to issue communications providers with notices requiring them to notify the Secretary of State of relevant changes to the service.

Amendment 25, page 47, line 28, leave out clause 22.

This amendment is consequential on NC4.

Amendment 20, in clause 22, page 48, line 13, leave out

“has the necessary operational awareness to decide whether”

and insert

“is either required in their routine duties to issue warrants under section 19 or section 102 or has the necessary operational experience”.

This amendment would permit the Prime Minister to nominate a Secretary of State to act for the Prime Minister under this section if they are required in their routine duties to issue warrants under section 19 or section 102 of the Investigatory Powers Act 2016 or if they have the necessary operational experience.

Amendment 21, page 48, line 14, at end insert—

“(2DA) The Prime Minister must be notified of the individual’s decision as soon as it is reasonably practicable to do so.”.

This amendment would require the Prime Minister to be notified of the decision of the designated Secretary of State as soon as is reasonably practicable.

Amendment 27, page 48, line 21, at end insert—

“(2G) The Prime Minister may not give approval under this section unless it has been authorised by a judge of the Supreme Court.”.

This amendment would require the authorisation of a judge of the Supreme Court before the Prime Minister could approve the interception of the communications of a Member of Parliament.

Amendment 26, page 48, line 22, leave out clause 23.

This amendment is consequential on NC4.

Amendment 22, in clause 23, page 49, line 13, leave out

“has the necessary operational awareness to decide whether”

and insert

“is required in their routine duties to issue warrants under section 19 or section 102 or has the necessary operational experience”.

This amendment would permit the Prime Minister to nominate a Secretary of State to act for the Prime Minister under this section if they are required in their routine duties to issue warrants under section 19 or section 102 of the Investigatory Powers Act 2016 or if they have the necessary operational experience.

Amendment 23, page 49, line 14, at end insert—

“(7DA) The Prime Minister must be notified of the individual’s decision as soon as it is reasonably practicable to do so.”.

This amendment would require the Prime Minister to be notified of the decision of the designated Secretary of State as soon as is reasonably practicable.

Amendment 28, page 49, line 18, at end insert—

“(7F) The Prime Minister may not give approval under this section unless it has been authorised by a judge of the Supreme Court.”.

This amendment would require the authorisation of a judge of the Supreme Court before the Prime Minister could approve the obtaining of communications intended for, or private information belonging to, a Member of Parliament.

[Dan Jarvis]

It is a privilege to open debate on Report of this important Bill. At the outset, it is worth reiterating that Labour supports the Bill, which updates aspects of the Investigatory Powers Act 2016. That is because it is imperative that legal frameworks are updated to ensure that our police and security services keep up with changes to communications technology. Doing so ensures that they are always one step ahead of criminals and malign forces who seek to harm us and undermine our national security.

I hope the Minister, and all Members who were present in Committee, agree with me that we had a constructive debate, testing the Bill’s proportionality and robustness. Some matters relating to third-party bulk personal datasets and the oversight process for the addition of new BPDs to existing category authorisations have been largely resolved to the satisfaction of Labour Members, but other important matters still need to be addressed. I will speak first about the new clauses and amendments that stand in my name, before dealing with some of those tabled by other Members.

New clause 1 seeks to ensure that the Secretary of State publishes an annual report on the engagement between the Prime Minister and the Intelligence and Security Committee regarding the investigatory powers regime. A very similar amendment was tabled in Committee, but was withdrawn after a lengthy debate on the ISC oversight arrangements did not make any meaningful progress despite helpful contributions from my right hon. Friend the Member for North Durham (Mr Jones) and the right hon. Member for South Holland and The Deepings (Sir John Hayes). We tabled this new clause because the Government must recognise that the ISC has a vital role to play in the democratic oversight of some of the most powerful measures that the state has at its disposal to keep us safe, to intercept communications and to interfere with equipment.

The ISC is and should be the only Committee of Parliament that can appropriately hold a Prime Minister to account on investigatory powers. There must be accountability at the highest level, and the Prime Minister is no exception. However, many Members, not least members of the ISC, know that this important mechanism is not just broken but has stopped working altogether. Not since 2014 has a Prime Minister appeared before the Committee, but, when asked about successive Prime Ministers’ lack of appearance, the Minister said that such decisions were above his pay grade. That might well be true, at least for now, so if the Minister cannot commit himself to reinstating the convention of Prime Ministers’ appearing before the Committee, the new clause would, at the very minimum, ensure that this new convention of non-attendance is reviewed annually, and scrutinised by this House and the other place. I therefore give notice of our intention to push the new clause to a vote.

Security of Elected Representatives

Rosie Winterton Excerpts

Thursday 29th February 2024 Commons Chamber

[Tom Tugendhat]

May I say how pleased I am to be working with my very good friend the hon. Member for Barnsley Central (Dan Jarvis), who I have known for a lot longer than either of us has been in this place? The questions he asks are important, and the tone in which he approaches this subject is even more so, and I am hugely grateful for the spirit of co-operation with which he has approached not just today’s statement but the work he has put in before today, and indeed with which the hon. Member for Halifax (Holly Lynch) approached it before him.

Turning to the questions, the £31 million is this year’s allocation, but there are consequences that will flow into other years. I will not give the hon. Gentleman a figure because that is variable; as he will appreciate, we are almost through the current financial year, and the consequences will depend on what is drawn down and what is required.

The hon. Gentleman’s question about Scotland and Northern Ireland is of course entirely valid. Let me be clear: the security of the democratic process in the United Kingdom is not a devolved matter; it is down to this Government, and it is my responsibility and this Government’s responsibility to make sure that elections in the United Kingdom are free and fair. Of course, we must have a huge amount of co-operation with other Parliaments and Governments inside the United Kingdom; with, in some cases, returning officers and councils; and with Ministers in Holyrood—and Stormont, now that it has, thank God, returned to operating. This area is a sovereign responsibility, for the simple reason that it is about the national security of the United Kingdom.

The hon. Gentleman raised an important point about parliamentary candidates. He is right that when the election is called, there will be no more MPs, and any rights and privileges that we enjoy as Members of this House will immediately cease. The Government are looking at ways of maintaining the security requirements necessary to ensure that those who wish to stand as candidates again can do so, free from fear and from the threat of violence.

The hon. Gentleman’s question about counter-extremism is important, and I would like first to pay tribute to William Shawcross for his work on updating the Prevent review, and to Robin Simcox, whose work on the counter-extremism strategy has been so important. This is about countering extremism in many different forms. I mentioned that we must be clear that Islamist violence and threats are primarily a threat to the Muslim community in the United Kingdom. The number of friends of mine in the Muslim community whom some have tried to silence, because my friends’ version of Islam does not tie in with that of thugs and loudmouths who claim to speak on behalf of others, is remarkable. We must champion all voices in this country, and that includes all Muslim voices—there isn’t a single one; there are many. As for the definition, there is an existing definition, as the hon. Gentleman is aware, and work is ongoing to see how that could or should be updated. I am afraid that I do not have an update for him now, but I will certainly bring one forward as soon as I have it.

As for the cross-party nature of the defending democracy taskforce, the hon. Gentleman raises an important point, and I am looking at it now, although I think he will be the first to admit that the work has been very cross-party to date.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Father of the House, Sir Peter Bottomley.

[Sir Peter Bottomley (Worthing West) (Con)]

It has been an honour to listen both to the Opposition spokesman, the hon. Member for Barnsley Central (Dan Jarvis), and my right hon. Friend the Minister. I stand with three shields behind me: one for Airey Neave, assassinated in 1979; one for Robert Bradford, killed in his constituency surgery; and one for Ian Gow, who was blown up a week after the IRA killed Sister Catherine Dunne, a Roman Catholic Sister of Mercy, by mistake, and they thought, rightly, that by killing Ian Gow they would wipe that atrocity off the news. There are also other shields behind the Speaker’s Chair.

On average, one MP is killed every seven years. We are not the only ones exposed to risk; there is also the psychiatric social worker, the emergency blue-light responder, people fishing at sea, those working in a permanent way on the railways, and the like—so we should not think that we are the only people who need to have our safety looked at.

I hope the police will understand that those who need the most protection should get the most protection, and those of us who are not at much risk should not get too much money or attention given to us. There should be a risk-based analysis, so more is given to those who often speak up bravely, or those who, often because they are women or from ethnic minorities, get more attention from the thugs and extremists than is given to someone like me. Our constituents will understand, too, that candidates standing for election with us, who get the same attention as us, should get the same kind of protection as us.

[Tom Tugendhat]

I thank the Father of the House for his kind words. He is absolutely right. I remember hearing as a child about the murder of Airey Neave, and it marked me then, and it marks me now, that somebody with such a record of service to our country during the second world war, when he escaped from Colditz, and who shaped one of our great political parties, had their life ended by the brutality and violence of a small group of murderous individuals whose agenda was not even shared by the majority in their own community, let alone the majority in the country. That is one of the most striking examples of anti-democratic forces in our country winning; they silenced a hero who had served our country for many decades. I appreciate very much my hon. Friend’s comments.

I hope right hon. and hon. Members will forgive me, but I will not go into the details of for whom and how security allocations will be made. If Members require a private briefing on how that is achieved, I am sure that I can arrange something, but the reality is that we will focus on those most at risk, to ensure that those who have credible threats against them are supported. My hon. Friend the Father of the House highlighted sad cases. A colleague of ours who has a seat in this House— I hope she will be returned at the next election—has to wear a stab vest to constituency surgeries. She is threatened by a nationalist movement in her seat. Supporters of hers have been silenced by threats of violence and intimidation. She rightly raised with me this morning the issue of hustings; her opponents will call her any number of names if she fails to attend them. The reality is that the threats against her are credible and real. We are working with the police to make sure that they are mitigated, so that she can carry out her responsibilities, not just to herself, but to constituents who may or may not wish to send her here. We must give them the chance to choose, and not allow a few threatening individuals to prevent her electors having that choice.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Kirsty Blackman (Aberdeen North) (SNP)]

I thank the Minister for advance sight of his statement. When David Amess was murdered, one of the hardest things I have ever had to do was explain it to my children before they saw it on the news, or before one of their friends spoke to them about it. They were too young when Jo Cox was murdered for me to have that conversation with them. It is the reality of life that this sits on our shoulders as MPs. Last time I had to give a statement to the police about somebody’s behaviour, I asked to do it at the police station, rather than my house, so that my children would not be aware that I was giving a statement to the police.

The Minister talks about the importance of democratic representation, and it is important. So are the measures that he has put in place, but it is also important to realise that some people do not stand for Parliament because of the fear. They do not even get to the point of being candidates, because they are so scared about the risk, not just of serious threats or death, but of the abuse that people receive as a result of being involved in the democratic processes.

I have a couple of questions for the Minister. One is about the assessment of the number and severity of threats to MPs from far-right extremists, versus Islamic extremists. One of my colleagues asked me to raise that with him. If the Minister has any information on the numbers, that would be helpful. I welcome the focus on candidates and councillors, and I appreciate his comments on policing of this issue being reserved, but if he expects Police Scotland to carry out some of this work, there needs to be funding for that. How he intends to ensure that there is—whether through the Scottish Parliament or not—is clearly for him, but can he give some reassurance that the forces expected to carry out that work will be funded appropriately, either from the centre or from the devolved Parliaments?

Antisemitism in the UK

Rosie Winterton Excerpts

Monday 19th February 2024 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Ronnie Cowan (Inverclyde) (SNP)]

I thank the Minister for advance sight of his statement. The sharp rise in antisemitism and Islamophobia in the UK is extremely concerning, and the SNP extends our heartfelt sympathies to victims of antisemitism and all forms of hate crime.

In today’s statement, I see references to “funding to bolster security”, “caught and punished”, “the full force of the law”, and “a maximum of 14 years in prison and/or an unlimited fine”, none of which I disagree with in any way, shape or form. We need to implement the law robustly. However, I am a bit concerned that there is only one line in the statement that talks about education. It says that £7 million of funding will be delivered “in education”, but I would like it to say “through education”, because surely we can eradicate antisemitism through education. Through incarceration, it becomes a lot harder.

Part of Scotland’s strength is our diversity. We value Scotland’s Jewish communities and other faith and belief communities. We recognise the important role that they play in making Scotland a safer, stronger and more inclusive society in which everyone can live in peace and work to realise their potential. In June 2017, the Scottish Government formally adopted the International Holocaust Remembrance Alliance’s definition of antisemitism. Formally adopting the IHRA definition demonstrates the Scottish Government’s determination that there should be no place in Scotland for any form of antisemitism or religious hatred that makes our communities feel insecure or threatened in their daily lives.

The Scottish Government’s recently published hate crime strategy sets out their strategic priorities for tackling hate crime, including antisemitism. It was informed by the communities with lived experiences of hate crime. It makes a number of commitments, including ensuring improved support for victims, improving data and evidence, and developing effective approaches to preventing hate crime. If I have one ask of the Minister, it is to reconsider how much money we are putting into educating people, so that we can all eradicate this heinous crime.

--- Later in debate ---

[Chris Philp]

I thank my right hon. and learned Friend for his question. Ministers are very clear that where behaviour on marches crosses the criminal threshold—inciting racial hatred, causing fear of harassment, alarm and distress, terrorism offences or glorifying proscribed organisations—we expect the police to take robust action and to make arrests. They have made about 600 arrests so far. In fact, some brave police officers were injured in the course of trying to make an arrest in London on Saturday.

I echo and strongly endorse my right hon. and learned Friend’s point about Members of Parliament. No Member of Parliament, as a democratically elected representative of the people, should be subject to harassment or intimidation. As he said, some Labour MPs have been, which is completely unacceptable. We have seen the incident at the office of my hon. Friend the Member for Finchley and Golders Green (Mike Freer), which was completely unacceptable—in that case, I believe arrests have been made. And, of course, my right hon. Friend the Member for Bournemouth East (Mr Ellwood) suffered a terrible incident at his home address just a few days ago. All that is unacceptable and illegal, and I expect the police not only to protect MPs, but to identify and arrest the culprits afterwards.

In relation to the judge, the judiciary is of course independent. Matters of judicial conduct are subject to investigation by the Judicial Conduct Investigations Office. From the account of the incident that I have heard, and which my right hon. and learned Friend gave, that is the kind of thing that I would expect the JCIO to investigate.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

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

As the Minister knows, the Home Affairs Committee has been carrying out an inquiry into the policing of protests. We have been particularly appalled to hear evidence of the huge increase in incidents of antisemitism perpetrated in the wake of the 7 October terrorist attacks. The CST has recorded that 43% of antisemitism incidents last year explicitly referenced the Israel-Palestine 7 October attacks and the conflict in Gaza. Attacks on Jewish and Muslim communities here in Britain in response to overseas conflicts are never acceptable. What more can be done to stop the exploitation of such overseas conflicts and the effect that it has on community cohesion in this country?

--- Later in debate ---

[Chris Philp]

I am pleased to report to the House that arrests have been made in relation to the appalling attack on the office of my hon. Friend the Member for Finchley and Golders Green, and I understand that the perpetrators are currently on remand in prison. It is a tragedy that someone with his exemplary track record of public service feels that he is unable to stand for Parliament again, partly as a result of the intimidation that he has suffered, particularly the arson attack on his office. As I am sure Members from across the House will acknowledge, he has been a fearless advocate on behalf of his many Jewish constituents. It is a loss to them and to Parliament that he will not contest the next election. It is incumbent on us all to ensure that no other Members end up feeling that way. I do not want—I am sure that none of us does—to live in a country where democratically elected representatives feel any form of fear or intimidation. That is not how democracy works. In this country, we settle matters at the ballot box, not through intimidation tactics or violence on the streets. That is a principle that each and every one of us must defend to our last breath.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I do apologise; I called two Members from the Government Benches, so I will now call two from the Opposition Benches.

[Dame Margaret Hodge (Barking) (Lab)]

I welcome the strong statements made by the Minister and the shadow Home Secretary. I hope that, in tackling the deep-seated antisemitism to which the hon. Member for Brigg and Goole (Andrew Percy) referred, we can work in a united way across the House, and not seek to make cheap political points on any individual cases.

We have had attacks on Jews in theatres in London; we have had attacks on Jews in campuses, particularly in Leeds and Birmingham, as other hon. Members have said; and, as the right hon. and learned Member for Northampton North (Sir Michael Ellis) said, a judge has failed to penalise three people for glorifying terrorism in London. People in all sorts of sectors, locations and areas across our country are worried that antisemitism is spreading. The Government’s response needs to be co-ordinated. When will a new hate crime action plan be published? The last one, despite consultation in the interim, was published five years ago.

Safety of Rwanda (Asylum and Immigration) Bill

Rosie Winterton Excerpts

2nd reading
Tuesday 12th December 2023 Commons Chamber

[Yvette Cooper]

The trouble is that they are not—they are just not. The scale of the Government’s operations to go after the criminal gangs is tiny. The £300 million that the Government have already committed to Rwanda is a third of the budget of the National Crime Agency. They are prepared to put that investment into Rwanda—into this tiny scheme that will affect only a couple hundred people—but are totally failing to invest sufficiently in tackling the criminal gangs, working with Europol and going after the supply chains. There are warehouses of boats across Europe that the European police forces are totally failing to go after, which our party has said we would go after. We would work with Europol and get new security arrangements in place, which again, the Government are failing to do.

Instead, we have the former Home Secretary, the right hon. and learned Member for Fareham (Suella Braverman), who signed the last agreement and brought forward the last piece of legislation, saying that the Bill is fatally flawed and will not stop the boats. Yesterday we had Back Benchers saying that the Bill should have been pulled because it is partial and incomplete, and the Home Secretary—who privately called this whole thing “batshit”—is out to bat for it today, even though he knows it will not work.

This is the Tories’ asylum crisis. Five years ago, we did not have a major problem with dangerous boat crossings, but they let criminal gangs take hold along the channel. They failed to work with France at the beginning when they had the chance, and they let smugglers spread their tentacles along the coast, organising dangerous boat crossings that undermine border security and put lives at risk.

At the same time, the Tories let Home Office decision making collapse. They decided to downgrade the skills and experience of caseworkers, then shrugged their shoulders when productivity dropped. They failed to return people—they have let returns collapse, down by 50% compared with the last Labour Government. The next Labour Government, if we are elected, would set up a new major returns unit with, 1,000 additional staff to increase returns. Rather than the total number of returns collapsing and the Government failing to return people who have no right to be here, our party would introduce a new returns unit to make sure we have proper enforcement. [Interruption.]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just shouting at the shadow Home Secretary is not a good look. You should be listening to what she has to say.

--- Later in debate ---

[Sir Simon Clarke]

There are two points to correct in the right hon. Lady’s narrative about what Labour would do that the Government are not doing. The first is that the Government are already doing much of what she lists, and I can attest to that, having funded it in various different capacities. She also misses the point that my hon. Friend the Member for Gloucester (Richard Graham) made a moment ago. We are dealing in this instance with the consequences of large numbers of people coming to this country, not with the cause. Rwanda seeks to address the incentives driving this evil trade. It is only by getting Rwanda to work that we change the calculus not only for the people making the crossing, but for the people expediting it, who are the criminal gangs. Does the right hon. Lady not recognise that that is why this scheme is so important?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call the right hon. Lady, I stress that when people make interventions, not only should they be fairly short, but having done so, it is important to stay for the rest of the speech. Some people have been wandering out, having made an intervention. Anyone who is thinking of making an intervention, please bear in mind that you then have to stay for the entirety of the speech.

[Yvette Cooper]

The problem for the right hon. Member is that he has a scheme that is likely now to cost £400 million and that is only likely to cover less than 1%, and perhaps less than 0.1%, of the people arriving in this country. That is why the permanent secretary has said that there is no evidence of a deterrent. We need the practical measures to take action to go after the criminal gangs and to work with our neighbours. He says that the Government are doing that already, so how come there has been a drop of 30% in the number of people convicted for people smuggling? If they are really going after the criminal gangs when we know that people smuggling across the channel has rocketed, how come convictions for people smuggling have plummeted by 30%? That is the evidence that the Government are failing to do the basics to tackle those practical things.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. It is obvious that a large number of right hon. and hon. Members wish to speak in the debate. I therefore ask that, to start with, Members speak for a maximum of eight minutes. I will not put on a time limit, but I am relying on colleagues to stick to that.

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[Robert Jenrick]

With all due respect, I will not give way, because I only have a few minutes left.

We need to use the time that we have left in government before the general election. Of course, I hope we win the next general election, but the public are watching us. They expect us to fix this problem, so why would we not put into the Bill all the strongest protections at our disposal?

On the second important thing that needs to change in the Bill, it is inevitable, in the light of the Supreme Court’s judgment, that the Strasbourg Court will impose further rule 39 interim measures. That is, after all, what bedevilled the flight arranged by my right hon. Friend the Member for Witham (Priti Patel) a year or so ago. We have to stop that. It is a matter of sovereignty for our country that Ministers, acting on the instructions of Parliament, do not allow the flights to be delayed.

The provision in the Bill is sophistry. It is the express policy of the Government that rule 39 injunctions are binding and that to ignore them would be a breach of international law. We are being asked to vote for a provision that it would be illegal to use. I do not want to be in the position that my right hon. Friend the Member for Witham, whose determination I do not doubt, was in. I do not want my right hon. Friend the Home Secretary or my successors as Immigration Minister to be in that position. We as a House are giving them a hard deal and doing them a disservice if we allow the Bill to continue in that way. They must have the full power of Parliament to ignore those rule 39 injunctions and get those flights in the air.

There are things that others will contribute, not least my hon. Friend the Member for Stone (Sir William Cash) on his work drawing out some of the other challenges with the Bill, so I will close with this. This is not a bad Bill, but it is not the best Bill. I want the Bill to work. The test of this policy is not, “Is it the strongest Bill that we have done?”, or, “Is it a good compromise?” It is: “Will it work?” That is all the public care about. They do not care about Rwanda as a scheme; they care about stopping the boats, and we are sent here to do that for them. I will never elevate contested notions of international law over the interests of my constituents or vital national interests such as national security and border security. The Bill could be so much better. Let us make it better. Let us make it work.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Just to clarify, since the hon. Member for Glasgow Central (Alison Thewliss) referred to it, the reasoned amendment that has been selected is the one in the name of the Leader of the Opposition.

If I am to have any chance of getting everybody in, I will need to introduce a time limit, which I will do now. It will be eight minutes for the moment, but I am sure it will go down. I have been able to notify the next speaker of that limit.

--- Later in debate ---

[Sir William Cash]

No, I will not give way.

I am going to quote directly from Lord Hoffman himself in relation to an ECHR case. [Interruption.] This is the case of R. v. Lyons 2003. He states:

“the Convention is an international treaty and the ECtHR is an international court with jurisdiction under international law to interpret and apply it. But the question…is a matter of English law. And it is firmly established that international treaties do not form part of English law and that English courts have no jurisdiction to interpret or apply them…Parliament may pass a law which mirrors the terms of the treaty and in that sense incorporates the treaty into English law. But even then the metaphor of incorporation may be misleading. It is not the treaty but the statute which forms part of English law. And English courts will not (unless the statute expressly so provides) be bound to give effect to interpretations of the treaty by an international court, even though the United Kingdom is bound by international law to do so. Of course there is a strong presumption in favour of interpreting English law…in a way which does not place the United Kingdom in breach of an international obligation”—

but, and this is absolutely crucial—

“The sovereign legislator in the United Kingdom is Parliament. If Parliament has plainly laid down the law, it is the duty of the courts to apply it, whether that would involve the Crown in breach of an international treaty or not.”

That is what the law is. That is a straightforward interpretation and statement.

There is an issue that I want to come to. I praise my right hon. Friend the Member for Newark (Robert Jenrick) for his courage and for a brilliant speech, and endorse every word he said, but I would also like to say this: we want the Government to succeed in their legislation, but it has to be legislation that works. As I have explained, in relation to the Supreme Court, the whole question turns on the intention of Parliament and the sovereignty of Parliament. It is a question of justiciability as well. I put to my hon. and learned Friend the Minister for Illegal Migration that, when it comes to it, we can make changes to the Bill. It is possible to extend the scope of the Bill, and I hope he will have discussions with the Clerk of Public Bills, with whom I have had discussions already.

It is absolutely clear that the scope of the Bill will determine the amendments, whether from the Government or Back Benchers. It matters that we are entitled to have a proper debate on this fundamental question about international law and its relationship to sovereignty. The Bill, if enacted after Royal Assent, could be scuppered by one claimant and by the courts if the words of the Act are not clearly expressed and explicit in ruling out any such claim, for example under clause 4 or any other heading, such as rule 39 and all the other things we will no doubt trot out in Committee if we get there. We therefore have to address the question of the scope of the Bill, because that is the way that Parliament functions. That is the way Mr Speaker must decide on the selection of amendments, so it is crucial.

There is much more that I could say, but I let me end by drawing attention to the global issue. The fact is that throughout the European Union there is a real problem. They are tearing their hair out, because on the one hand they have the charter of fundamental rights, and on the other they are bound by qualified majority voting to comply with the situation, which is actually not the same for us. We have a unique opportunity, in our parliamentary system and with the sovereignty of Parliament, to be able to make amendments and provide domestic law that will satisfy the voters of this country.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

--- Later in debate ---

[Pete Wishart (Perth and North Perthshire) (SNP)]

There have been some absurd and ridiculous Bills presented to this Parliament in the course of the past few centuries that it has been in existence, but it would be hard to find a Bill that is more absurd and ridiculous than this one. It is a Bill that wills something to be just because it wants it to be, and asks us to ignore reality and experience because it decrees it. That is just about as absurd and ridiculous as you can get. It takes some imagination to concoct something as comedically callous as this Bill. It would take a particularly warped mind to think that this type of rendition is a solution to anything, far less a sensitive and complex immigration problem.

It has been totally dispiriting to listen to some of the contributions from hon. Gentlemen and Ladies on the Conservative Benches—the dehumanising language, the talk of invasions and culture wars, treating people as commodities to be dealt with, and as scourges to be legalled away. I will single out two speeches that I think were utterly appalling: the disgraceful speech from the hon. Member for Don Valley (Nick Fletcher); followed closely by the speech from the former Immigration Minister, the right hon. Member for Newark (Robert Jenrick).

But have the Rwandans not played an absolute blinder? They must have seen this Government coming from thousands of miles away. They have solicited hundreds of millions of pounds from them, and apparently they will get another £100 million more. They have done all that without taking one single deportee. I say, “Go Rwanda! You have made utter mugs of this chaotic Government.”

Nobody has won from this Bill other than Rwanda—certainly not the wretched people who will be subject to this ongoing problem and will be getting on the boats, at the mercy of all the dreadful people who smuggle them across the channel. This Bill will do nothing to disincentivise them. If they are prepared to risk their life to come across the channel, why would they concern themselves with the infinitesimal chance that they might be rendered to Rwanda? It just does not make sense.

This Bill certainly has not helped the Government, has it? I do not know whether they will win this vote tonight—apparently it is still in the balance, if that is news for colleagues on the Conservative Benches. I think the Government might just about have got it, but apparently it is still in the balance. Look at the list of all the different groups we have. We have the One Nation Conservatives, the European Research Group, the New Conservatives, the Common Sense Group—I would love to go to one of their meetings—the Northern Research Group, the No Turning Back group and the Conservative Growth Group. That is a group of factions that would make the People’s Front of Judea look like a model of unity and political consensus. This might be the very Bill that brings down this Conservative Government, and what a hill to die on—an obsession with immigration and with stopping the small boats. By God, they deserve to be brought down, if this is the Bill that will determine that.

Here is a novel idea: why do we not start to consider immigration as some sort of opportunity, a potential boost to our society and communities? Why do we not design safe and secure means to harness international talent as they seek to flee conflict and carnage in their own countries? We live in a world where the movement of people has never been so far-reaching and profound. One thing the right hon. Member for Newark got right is that that is going to be an ongoing feature of the international community. It will be something that we will have to deal with not just this decade, but for the rest of the century. Can we not be imaginative about solutions? Can we not look to see whether there are benefits to having people who were the cream of their countries coming to this nation? Instead, we are all about closing borders, stopping people coming here and making life as miserable as possible for the poor souls who manage to end up on our shores.

I am just pleased that this Bill is not in my name. It is not in the name of the people of Scotland. If we ever were in control of our immigration policy, everything that the Conservatives are proposing and presenting is the exact opposite of what we would do. Scotland rejects this Bill. My constituents want nothing to do with it. I will proudly and defiantly be voting against it this evening in the name of the people I represent, and I know that I will be joined by my colleagues. What a disgraceful Bill. What an appalling piece of legislation. It deserves to be shoved right in the furthest bin in the furthest corner of this country.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I advise colleagues that the winding-up speeches will begin at 6.30 pm.

--- Later in debate ---

[Priti Patel]

The hon. Gentleman must recognise that Rwanda has successfully resettled more than 130,000 people, and that is through international institutions and norms.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I must ask the hon. Gentleman to keep within the five minutes, although he has taken an intervention.

[Patrick Grady]

I will, Madam Deputy Speaker. I think I just heard the former Home Secretary encouraging more people to come to the United Kingdom so that they can be settled in Rwanda.

The UK Government say that the republic of Rwanda is to be trusted to fulfil its obligations under the Rwanda treaty because the treaty is binding under customary international law, but the same Bill grants the UK Government derogations from that corpus of international law and instruct the courts to ignore it. The Bill is supposed to slash costs to the taxpayer from housing asylum seekers in UK hotels, but the Government have already paid Rwanda hundreds of millions of pounds without a single flight taking off.

The price for this performative, weak Bill is a weakening of the courts and judicial system, a weakening of the UK’s standing in the world and a weakening of the entire system of international law, because if it is okay for the UK Government to derogate from its international obligations and commitments when it suits, how can the UK object to other countries—Russia, China or anywhere else for that matter—when they flout the rule of international law?

The Bill is supposed to be an assertion of parliamentary sovereignty, as if Parliament simply asserting particular statements makes them true. To pick up on the theme from the hon. Member for Rutherglen and Hamilton West (Michael Shanks), perhaps the Prime Minister should have simply brought forward a Flat Earth Bill to assert that the Earth is flat and the Home Office is empowered to simply push people and unwanted asylum seekers off the edge of it and into the cold vastness of space. It might come as a surprise and perhaps even a disappointment to some elements on the Conservative Back Benches, but the Earth is not flat. The Earth is round, and if they keep pushing people in one direction, eventually they will come back to them.

It is important in all of this to be clear that despite our debating the Safety of Rwanda (Asylum and Immigration) Bill, little of this debate is actually about the safety of Rwanda. In 2018, I had the privilege of visiting Rwanda with the Commonwealth Parliamentary Association. It is a beautiful country with huge potential, and the people there have had to live through horrors and overcome unimaginable difficulties. For wealthy tourists and those who fly in to go on safari and stay in nice hotels, Rwanda is indeed a safe and welcoming country. However, citizens who speak up too loudly with questions about the regime, or who perhaps ask why international observers have been unable to report that presidential elections have been free or fair, or who perhaps belong to the LGBT+ community in that country—or, indeed, Rwandan citizens living in London under the protection of the Metropolitan police because they are being stalked by their own country’s intelligence services—might not find it as safe and welcoming. Whatever the Bill might say, the UK Supreme Court has made a finding of fact that asylum seekers sent to Rwanda are at risk of refoulement. Simply saying that they are not does not change that fact.

The question of the safety of Rwanda is a distraction. The very principle or idea of forcing people to move to any other country against their will should be enough to oppose the Government’s policies. People seeking asylum have chosen to come here to the United Kingdom for good reason—perhaps because they have friends or family or perhaps simply because they speak the language. If someone has chosen to seek asylum here, they should be assessed here, and if their claim is valid, they should be allowed to remain. If their claim is not valid then by definition it ought to be safe to return them to their country of origin.

Perhaps the most remarkable thing is that this time last week, this Bill did not even exist. In less than seven days, the Prime Minister has brought himself, and possibly his Government and party, to a crisis point entirely of their own making. It is a Bill that nobody wants and nobody likes. It is another creaking internal Conservative contradiction. It is too extreme for the mainstream of the party, and not extreme enough for the red wallers, the ERG and the Maastricht rebels, who simply cannot get enough of the sweet dopamine hit that comes with rebelling against the party and getting invited on to all kinds of podcasts. Some of them have been at it since the 1990s, and they just have to keep getting more extreme in their rebellions to achieve the same hit.

Scotland wants none of it, as I hear from my constituents in Glasgow North and the constituents who are refugees, who want to play a full and active part in our society and economy. If the Government want Bills that will change the reality of the situation, they can devolve the power over immigration to the Scottish Parliament, or they can give us the chance to choose a better, fairer future that respects human rights and global citizenship by becoming an independent country in a referendum.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

There are sometimes advantages to being the last speaker. Because the previous speech was a little shorter, I shall lift the time limit, as long as Claire Hanna sits down at 6.30 pm.

[Claire Hanna (Belfast South) (SDLP)]

Thank you, Madam Deputy Speaker. It has been a long day and a long debate. Perhaps the Government could legislate for a few extra hours for us all. That would not be out of place with this mind-bending Bill from a Government who continue to prioritise prejudice over objective reality.

The right hon. Member for East Antrim (Sammy Wilson) purported to speak for my constituency of South Belfast, which does indeed have a relatively large proportion—I think it is the largest population per head—of the UK’s asylum seekers. Our schools, churches and community groups are trying valiantly to support people whom the Home Office has left in hotels for many months at a time.

Like me, those constituents have moral and practical objections to the Bill. Their moral objections are to the language used to frame and justify it and to the demonisation of those who seek international protection in the UK, who have little or no opportunity to secure that before they travel. Equally, they have practical objections to the Bill, because they know that it will not work. They know that there is no evidence that the deterrent works—a fact that was confirmed by the permanent secretary—and they know that it relies on a simplification by this Government that applies only if people have never met or spoken to an asylum seeker. The cost of this gimmick is running into the hundreds of millions of pounds—money that should have been used to end the chaos of processing in the Home Office or to go after the people traffickers instead of bettering their market by closing off safe routes.

No one is saying that the UK can or should take everyone who requires sanctuary for reasons of conflict, prejudice or climate. Everyone in the Chamber knows, no matter what they say in their tweets, that only a fraction of people try to get here. No one is saying that the UK should not take legal steps to deter erroneous claims. The Minister has spoken about fruitful engagement with Albania, and hon. Friends on the Opposition Benches have set out numerous constructive proposals, including swifter processing and justice and, crucially, modern and mature engagement with neighbouring countries.

It is impossible to view the Bill outside two core dynamics. The first is the UK’s recent disregard of international law—a rules-based order that it proudly shaped. The second is the overall irrational opposition to migration, including regular migration. People often say, “You can’t even talk about immigration.” We absolutely can, but we must be prepared to be honest about it and to trade in more than just Twitter memes. We must be prepared to talk about how the national health service and social care would collapse without it. We must be honest about the net positive impact on GDP, and about the poor political decisions about how we spend those gains that have left public services in the mess that they are. We must be honest about our higher education model and the higher fees that students from these areas and countries would face if we did not have overseas students. We must be honest about how it is anti-family to tell UK citizens that they cannot fall in love with someone from another country and marry them unless they are among the top 25% of earners.

Of course we can talk about immigration. I am happy to talk about it, and I am happy to tell the House that Northern Ireland has an immigration problem. Young people are leaving our region to make their lives elsewhere because they feel stifled and limited by the politics of our region, by intolerance, by prejudice and by refusal to accept difference. Britain risks losing its vibrancy and talent if it goes further down this path—a path that I am glad to say the mainstream of British politics has honourably resisted, mostly, until now. Ireland, north or south, is not immune to these currents, as the street disorder in Dublin a few weeks ago showed, but we are a nation of people who have been the source of immigration for many centuries: you do not get to be Irish and racist. I am proud of the political leadership from across the spectrum against far-right agitation in Dublin in recent weeks.

I want briefly to address the applicability of the Bill in Northern Ireland. Human rights exist precisely to protect people from the type of politics that are behind the Bill. Human rights frameworks exist to stop politicians degrading shared values for their narrow political interest. The protection of rights for everyone from all communities in Northern Ireland, under article 2 of the Windsor framework, has been welcomed across civil society. Even the UK Government have called article 2 uncontroversial.

Not for the first time, I say thank goodness for the Good Friday agreement, which has been a lifeboat for our region given some of the terrible, damaging politics of recent years. That is a large part of why so many people—including in this Chamber—desperately tried to undermine the agreement through Brexit. Thanks to the agreement, which the international community prevented this Government from trashing under their previous two Prime Ministers, we continue to enjoy—in theory—rights and protections that this Government are so determined to burn for people in England, Scotland and Wales.

The existence of those rights has enraged the far right in Northern Ireland—a few voices who angrily prowl the internet, seeking to suffocate anything positive or humanitarian that happens in our region. They seem so desperate to strip legal rights away from everybody else; they would like to legally review themselves everything they cannot run away. They protest that this miserable Bill might not apply in Northern Ireland due to the Windsor framework. I regret to say that, in practice, immigration law has already been applied in Northern Ireland without differentiation, as will be heard in an upcoming challenge to the Illegal Migration Act.

We will oppose this Bill, and we will oppose other attempts to unite and balance the Conservative party on the backs of the most vulnerable. The Illegal Migration Act failed to do that, as did the Nationality and Borders Act. This is just red meat for a common-sense group with no common sense, a research group that does no research and a star chamber that has no stars. This Bill is for them and for no one else.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I call the Minister, can I say once again how important it is for those who have contributed to the debate to get back in good time to hear the Opposition Front Bencher as well as the Minister, and not to be late?

Town Centre Safety

Rosie Winterton Excerpts

Tuesday 5th December 2023 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before I call the Minister, I remind colleagues that if they want to intervene, they are expected to stay for the entire speech by the person on whom they intervened. I do not want to set a time limit on speeches, but my advice is that after the Minister has finished I suspect there will be about eight minutes per Member.

Legal Migration

Rosie Winterton Excerpts

Monday 4th December 2023 Commons Chamber

[The Secretary of State for the Home Department (James Cleverly)]

With permission, Madam Deputy Speaker, I would like to make a statement on legal migration.

Migration to this country is far too high and needs to come down. Today, we are taking more robust action than any Government have before in order to bring it down. Since my first day in the Home Office, just three weeks ago, I have been determined to crack down on those who try to jump the queue and exploit our immigration system. I have been working closely with my right hon. Friend the Immigration Minister on this subject. The recent figures from the Office for National Statistics show a provisional estimate of net migration for the year ending June 2023 of 672,000. While that is lower than the ONS estimate for net migration for the year ending December 2022, it is still far too high.

When our country voted to leave the European Union, we also voted to take back control of our borders. Thanks to this Conservative Government, we now have a points-based immigration system through which we can control who comes to the UK. We prioritise the skills and talent we need to grow our economy and support our NHS, and we have a competitive visa system for globally mobile talent; for example, last year we expanded health worker visa access to address the urgent need for more social care workers. The whole country can be proud that in the past decade we have also welcomed more than half a million people through humanitarian routes—people from Ukraine, Hong Kong and Afghanistan, including 85,000 from Ukraine and Hong Kong in the past year alone.

The British people will always do the right thing by those in need, but they also, absolutely rightly, want to reduce overall immigration numbers. That means not only stopping the boats and shutting down illegal routes, but a well-managed reduction in legal migration. People are understandably worried about housing, GP appointments, school places and access to other public services when they can see their communities growing quickly in numbers.

From January 2024, the right for international students to bring dependants will be removed unless they are on postgraduate courses designated as research programmes. We always want to attract the global brightest and best. We have also stopped international students switching out of the student route into work routes before their studies have been completed. These changes will have a tangible impact on net migration; around 153,000 visas were granted to dependants of sponsored students in the year ending September 2023.

Today, I can announce that we will go even further, with a five-point plan to further curb immigration abuses that will deliver the biggest ever reduction in net migration. In total, this package, plus our reduction in student dependants, will mean that around 300,000 fewer people will come to the UK in future years than came last year.

These measures are possible because we are building up our domestic workforce and supporting British workers. Thanks to the excellent work of my right hon. Friend the Work and Pensions Secretary, our back to work plan will help people stay healthy, get off benefits and move into sustainable employment. It builds on the ambitious £7 billion employment package from the spring Budget to help up to 1.1 million people with long-term health conditions or disabilities, or who have been in long-term unemployment, to look for work, get into work and stay in work. We are also investing heavily in helping adults learn valuable skills and prepare for the economy of the future, and of course we have world-class universities that help in that endeavour.

The first point of our five-point plan will be to end the abuse of the health and care visa. We will stop overseas care workers bringing family dependants, and we will require care firms in England to be regulated by the Care Quality Commission in order to sponsor visas. Approximately 120,000 dependants accompanied 100,000 care workers and senior care workers in the year ending September 2023. Only 25% of dependants are estimated to be in work, which means that a significant number are drawing on public services rather than helping to grow the economy. We recognise that foreign workers do great work in our NHS and health sector, but it is also important that migrants make a big enough financial contribution. Therefore, we will increase the annual immigration health surcharge this year by 66%, from £624 to £1,035, to raise on average around £1.3 billion for the health services of this country every year.

Secondly, we will stop immigration undercutting the salaries of British workers. We will increase the skilled worker earnings threshold by a third to £38,700 from next spring, in line with the median full-time wage for those kinds of jobs. Those coming on health and social care visa routes will be exempt, so we can continue to bring in the healthcare workers on which our care sector and NHS rely.

Thirdly, we will scrap cut-price shortage labour from overseas by ending the 20% going rate salary discount for shortage occupations and reforming the shortage occupations list. I have asked the Migration Advisory Committee to review the occupations on the list because of our new higher skilled worker salary threshold, and we will create a new immigration salary list, with a reduced number of occupations, in co-ordination with MAC.

Fourthly, we will ensure that people bring only dependants whom they can support financially, by raising the minimum income for family visas to the same threshold as the minimum salary threshold for skilled workers, which is £38,700. The minimum income requirement is currently £18,600 and has not been increased since 2012. This package of measures will take effect from next spring.

Finally, having already banned overseas master’s students from bringing family members to the UK, I have asked the Migration Advisory Committee to review the graduate route to prevent abuse and protect the integrity and quality of the UK’s outstanding higher education sector. It needs to work in the best interests of the UK, supporting the pathway into high-quality jobs for the global talent pool, but reducing opportunities for abuse. This package of measures, in addition to the measures on student dependants that we announced in May, will mean that around 300,000 fewer people will be eligible to come to the UK than came last year. That is the largest reduction on record.

Immigration policy must be fair, consistent, legal and sustainable. That is why we are also taking the fight to illegal migration. Our plan to stop the boats is working. Small boat arrivals are down by a third, even as illegal migration across the rest of Europe is on the rise.

Today we have taken decisive action to reduce legal migration with our five-point plan. Enough is enough. We are curbing abuses of the healthcare visa, increasing thresholds, cutting the shortage occupations list discount, increasing family income requirements and cutting the number of student dependants. I commend this statement to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Home Secretary.

--- Later in debate ---

[James Cleverly]

My right hon. Friend asks an important question. My right hon. Friend the Immigration Minister and I have crunched the numbers in great detail. What we have seen through this scheme is the displacement of British workers. The total number of people in the sector has not increased by anywhere near as much as the number of people who have entered on the family visa route. We also suspect that, globally, there is significant surplus demand. Although an individual with a family might be dissuaded because of the restrictions on family members, someone who does not have those family commitments will almost certainly be willing to put themselves forward, so we do not envisage a significant reduction in demand because of the changes. It will mean, however, that we have the care workers we need and not the estimated 120,000 other people who have come with them in recent years.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Chris Stephens (Glasgow South West) (SNP)]

The statement will be judged on whether it is pandering to the right wing of the Home Secretary’s party or addressing the needs of the economy—[Interruption.] I see them all cheering.

On the 120,000 dependants figure, can the Home Secretary tell me how many of them are children? Is he suggesting that children should be going into work? He mentioned his discussions with the Department of Work and Pensions, but what discussions has he had with the Health Secretary? The Home Office figures show that 143,990 health and care worker visas were granted in the year ending in September. That is more than double the figure for September next year, which perhaps demonstrates the real impact that creating more barriers and red tape will have on the NHS and care sector. Finally, Professor Brian Bell, chair of the Migration Advisory Committee, recently warned that limits on overseas care worker numbers could see a situation whereby

“lots of people won’t get care.”

Does the Home Secretary recognise that his proposals may cause irrevocable harm to the care sector?

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Before we go any further, colleagues will recognise that a large number of people want to catch my eye for this statement. We have another statement afterwards, and then we have an important piece of legislation to which a large number of people want to speak, so I urge colleagues to be brief in their questions so that the Home Secretary can be concise in his answers. I will only be calling people who arrived for the beginning of the Home Secretary’s statement. I am trusting those who were late not to be standing.

[Sir Jacob Rees-Mogg (North East Somerset) (Con)]

Does my right hon. Friend think it would be a good idea to have a cap on the number coming in?

--- Later in debate ---

[Madam Deputy Speaker]

I call the Chair of the Home Affairs Committee.

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

As the Home Secretary will appreciate, the Home Affairs Committee is keen to scrutinise the policies of the Home Office. At our meeting last week, that proved difficult because we could not get information about, for example, the cost of the Rwanda policy, asylum backlogs or the number of unaccompanied asylum-seeking children still missing from hotels. Can we please have an assurance from the Home Secretary that when the Immigration Minister appears before the Committee next week, we will have the full evidence base and economic impact for the policy announcements made today?

Net Migration Figures

Rosie Winterton Excerpts

Tuesday 28th November 2023 Commons Chamber

[Robert Jenrick]

My hon. Friend raises a number of issues, all of which are worthy of consideration and which the Home Office is working through at present. It is certainly true that a very substantial number of dependants have come to the UK alongside visa holders, whether students, care workers or skilled workers. It is a choice for the country whether we want to continue to pursue that. There is a strong argument that it is unsustainable for the country to continue to take so many dependants, who put pressure on housing, public services, school places and so on. We could base our visa system on different models to stop so many dependants coming into the country. We have seen a very substantial number of care worker visas issued, and those care workers bring dependants with them on almost a one-for-one basis. As my hon. Friend knows, we are actively considering that.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

--- Later in debate ---

[Robert Jenrick]

The great reform that this Government have achieved is taking back control of the levers of migration by leaving the European Union. Now the task falls to us to use those in a judicious and discerning way to bring down the levels of net migration, and that is exactly what we intend to do.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the Minister for answering the urgent question.

Criminal Justice Bill

Rosie Winterton Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

Second Reading.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Before I ask the Home Secretary to move the Second Reading, just another little reminder that as well as being here at the beginning to listen to the opening speeches, it is important that those who are participating not only stay in for the majority of the debate but get back in good time for both the Opposition and Government wind-ups. If anybody feels that they cannot get back in time, they should let me know now so that I can withdraw their request to speak.

--- Later in debate ---

[Priti Patel]

I thank my right hon. Friend for his intervention. He and I spent a great deal of time discussing policing powers and what more we could do to strengthen them in relation to all aspects of criminality. The Bill rightly includes some safeguards, but there are measures in place already. We need to understand how the proposed powers will work—how their use will be authorised, and in what circumstances. The Bill is at an early stage, and it will obviously be scrutinised in Committee, but there are questions that need to be answered. We welcome those discussions.

I will say a few words about the provisions relating to nuisance begging and rough sleeping. I have listened with interest to the comments that have already been made about this issue on both sides of the Chamber. Members will recall that the Police, Crime, Sentencing and Courts Act 2022 contained provisions to repeal the Vagrancy Act 1824, which is nearly 200 years old. I and my colleagues in the Government at the time worked with all Members of the House on that—it was right that the repeal took place—and we spoke about the replacement legislation as it came forward.

No one in the House would dispute that dealing with homelessness is a difficult, sensitive and highly complex issue. I worked with Government, local authorities and charities on these issues as Home Secretary, as did my former ministerial colleagues. In particular, we looked to provide resources and the right kinds of interventions to support those sleeping rough on our streets. Project ADDER was brought in to deal with a lot of the addiction issues that are associated with homelessness. That is an incredibly successful programme that works with local authorities. The Government must invest more in it and roll it out further.

I recall working on this issue with my right hon. Friend the Member for North West Hampshire (Kit Malthouse), who was then Policing Minister. He brought his London experience to the fore regarding problems in central London. There were some specific cases of begging and homelessness on Park Lane, and we were able to address those issues and deal with rough sleeping, which was causing a lot of problems in that community, by bringing in the police and Westminster City Council and taking some proactive measures. There are also some incredible charities doing outreach work in London and across the community, in particular those that engage with rough sleeping.

We should reflect on the fact that this issue involves some veterans with complex needs, including the challenges posed by mental health issues, as well as some individuals who need trauma-informed support. We need to invest time across different Departments and agencies to tackle this problem, rather than looking at it just in the context of a criminal justice Bill. It is right that the Government look at the legislation required to prevent rough sleeping, and it is also essential that they bring in measures from other Departments to provide the right help and support. It will be interesting to hear from Ministers about the work that will take place in this area and to hear some of their reassurances.

I would like to touch on the point my hon. Friend the Member for Gloucester (Richard Graham) made about spiking. Some work on that has taken place already, and we have met victims of this horrendous crime and campaigners against it. I had the privilege of working with the police on spiking issues, and in fact with Assistant Chief Constable Maggie Blyth, who was brought in to support all the work on violence against women and girls in particular.

During my tenure as Home Secretary, we certainly introduced new restrictions on some of the drugs used for spiking, and we brought in tougher sentences. We also reviewed whether a new and specific offence was needed. One has not been brought forward, but it is subject to debate, and the Policing Minister is familiar with all this. As the Bill progresses, it will be interesting to see where the Government take this issue, particularly because it is difficult to track, as we know from policing data. We should recognise that as a House, but we want to do more to prevent further victims of spiking, and we need to come together to look at what practical measures can be put in place.

I look forward to working with Ministers. We have a very strong team, who will be very diligent when it comes to both building on previous measures and looking to strengthen the Bill to bring in proper practical measures. No one would dispute that the country wants robust action when it comes to going after offenders and punishing those who do dreadful things across our communities, leaving victims harmed. It is right that the Government bring in this Bill and it is right that we work collectively to strengthen our laws, but we do need practical measures to make sure that the legislation actually delivers for victims. We want fewer victims of crime, and we want to protect our communities and strengthen our safety.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

Illegal Immigration

Rosie Winterton Excerpts

Wednesday 15th November 2023 Commons Chamber

[James Cleverly]

My long-standing friend and predecessor is absolutely right. We will break the people-smuggling gangs. We will undermine their business model. We will pursue all the various workstreams that my right hon. Friend will be familiar with from her time in this fantastic office. In parallel, just as she suggests, we will work—indeed, we are already working—to address the issues raised by judges in the lower courts to ensure that we can prove what they need to see, which is that we will remove the risk of refoulement.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the Chair of the Home Affairs Committee.

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

I congratulate the right hon. Gentleman on his new role. This morning at the Home Affairs Committee, David Neal, the independent chief inspector of borders and immigration, told us that the biggest challenge facing the Home Office is being professional, maintaining objectivity, being fair and understanding human rights. The inspector also said that what keeps him up at night is the question of who is protecting our borders and whether they are doing so to the best of our collective abilities. Could the Home Secretary tell us whether today’s ruling on Rwanda proves or disproves Mr Neal’s concerns?

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I urge colleagues to be brief in their questions so that the Home Secretary can be brief in return. We have a very packed agenda today and I want to make every effort to get everyone in.

[Sir Simon Clarke (Middlesbrough South and East Cleveland) (Con)]

I add my congratulations to the Home Secretary on his new role. It seems to me that the key word is “time”. We cannot keep relitigating this question to achieve what seems an ever-moving target in what the courts want us to achieve. Our constituents sent us here with a very clear message: sort the small boats issue. Parliament has passed legislation to sort the issue. Can my right hon. Friend be specific about the point at which the attempts by the Government to recondition the agreement with Rwanda into treaty form will have elapsed, and a “notwithstanding” clause, of the kind that my hon. Friend the Member for Harborough (Neil O’Brien) has set out, will become the only tool by which we can ensure that the will of this House takes effect? We cannot allow this cycle to continue indefinitely.

[Madam Deputy Speaker]

Order. I remind the House that I did just say “be brief.”

[James Cleverly]

I listened carefully to my right hon. Friend’s comments. We are absolutely determined to maintain the deterrent effect of the Rwanda scheme. To an extent, it is already demonstrating utility by the fact that we know—anecdotally, so I will not over-interpret these figures—that the fear of it as part of our arsenal is already having a deterrent effect, which is exactly what it was designed to do. National Governments cannot just vote themselves out of international commitments. I recognise, as a former Foreign Secretary, that they are incredibly powerful tools as we try to do good around the wider world. I give my right hon. Friend the commitment that we remain relentlessly focused on ensuring that we continue to drive down the small boat crossings using the full range of capabilities at our disposal.

--- Later in debate ---

[James Cleverly]

I am always delighted to meet my right hon. Friend. He will know, of course, that I am now in a position where I have to be careful about the commitments I make, certainly about RAF Wethersfield. I do not intend to abuse my position as Home Secretary, but I am absolutely committed to driving down the need for RAF Scampton and RAF Wethersfield, just as we have driven down the need for hotel accommodation. I am absolutely committed to that, but of course I will meet my right hon. Friend.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We need to speed up if we are to get everybody in.

[Claire Hanna (Belfast South) (SDLP)]

I warmly welcome the Home Secretary to his new role. The UK is absolutely entitled to create bespoke policy, and he referred to his constructive work with Albania, but does he understand—unlike his predecessor—that policy must be compatible with facts and the law, and that it should focus on the chaotic processing he has inherited and on funding the public services that he says are under pressure? Can I confirm that he acknowledges that the ECHR is a fundamental cornerstone of the Good Friday agreement, and that abandoning it would not be compatible with the Government’s commitment to Northern Ireland?

--- Later in debate ---

[James Cleverly]

Again, it is easy to criticise—it is easy to criticise ineffectually. Sadly, that is what I hear from Opposition Members far too often: no credible alternatives, just criticism. The point is that we are pursuing a number of workstreams that are already proving effective, which is why our numbers are going down at a time when all our European partners are seeing illegal arrivals go up. We will continue working on multiple strands and we will continue pursuing the Rwanda plan. When Labour Members finally decide to vote for something rather than against something, we will listen, but that day has not happened yet, and I do not expect it to happen any time soon.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We must be briefer.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I warmly welcome the tone and content of my right hon. Friend’s statement. Does he agree that in addition to the commitment to the ECHR, which is very much treasured by the settled refugee communities in my constituency, this is an opportunity to reinvigorate the work with France that has done so much to bear down on the number of small boat crossings in the way he has described?

Dangerous Drugs

Rosie Winterton Excerpts

Tuesday 12th September 2023 Commons Chamber

[Chris Philp]

I have referred to the ACMD advice before, and the ACMD did note the anecdotal reports of severe paralysis caused by excessive nitrous oxide consumption to which I have referred already. On this occasion—rarely, but not uniquely, disagreeing with ACMD advice—the Government, as we are entitled to do, took a broader view. We thought about the association with antisocial behaviour and about the fact that among 16 to 24-year-olds nitrous oxide is the third most used harmful substance, and that is why we took the step we did. Of course, I acknowledge that, as my hon. Friend said, alcohol can have an adverse effect as well, but we feel that in this particular case the misuse of nitrous oxide merits action. Many Members have raised concerns about the effect it has had in their communities, and we are responding at least in part to the concerns that Members have raised.

Nitrous oxide is currently regulated under the Psychoactive Substances Act 2016. It is not, of course, currently an offence to possess nitrous oxide; it is only an offence under the PSA to knowingly or recklessly sell it for personal consumption. So by controlling nitrous oxide as a class C drug under the Misuse of Drugs Act, it will not just be an offence to recklessly or intentionally sell this substance for personal consumption, but be an offence to possess it except for the legitimate use exemptions I mentioned earlier. As I said in response to my hon. Friend’s earlier intervention, we will be bringing through a further SI to set out the definition of those legitimate uses. As I said a moment or two ago, those will be extremely wide-ranging to make sure we do not inadvertently stymie legitimate commercial, medical or research use.

In summary, it is clear that drug misuse ruins lives. In the case of nitrous oxide, it also contributes significantly to antisocial behaviour. The Government have listened to the public and to parliamentarians who have been speaking for their constituents, and that is why we are taking this action.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.