Asylum Seekers: Right to Work

Thangam Debbonaire Excerpts

Wednesday 24th October 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

I did wonder whether the hon. Member for Bristol West (Thangam Debbonaire) was going to contribute. I am not sure whether she had indicated as such to you, Mr Betts.

[Thangam Debbonaire (Bristol West) (Lab)]

First, I want to apologise. I was not just at the Macmillan coffee morning; I was the host. I was giving a speech, and it was a very difficult one to cut short. I apologise. I will not take up the Minister’s time further.

[Caroline Nokes]

Thank you. That at least clears that up. I very much appreciate the words of wisdom I have heard on many occasions from the hon. Lady and my right hon. Friend the Member for Meriden (Dame Caroline Spelman), who secured the debate. I absolutely recognise that the rights of asylum seekers and refugees are an important issue to them. It is a subject on which they have spoken many times in this House, with much knowledge and erudition.

This debate on access to work for those claiming asylum is important. We can see that, for a 30-minute debate, it has provoked a lot of interest from the House. Members may well want to intervene, and I will certainly be happy to take interventions, but I particularly want to thank the Lift the Ban coalition for its recent report, which was sent to me. It raised a number of important points.

Members will know that the UK has a proud history of providing protection to those who need it. This Government are committed to delivering a fair and humane asylum system. We are tackling the delays in decision making to ensure that most asylum seekers receive a decision within six months. In the year ending June 2018, we granted protection or other forms of leave to more than 14,000 people, and we are increasing integration support for all refugees to help them rebuild their lives here and realise their potential.

I am sure Members share my appreciation for the excellent work that all agencies do to help and protect these very vulnerable people, but our protection does not end there. All those claiming asylum are provided with accommodation and support to meet their essential living needs if they would otherwise be destitute. The hon. Member for York Central (Rachael Maskell) raised that issue. They are entitled to full access to healthcare and, for those under 18, access to full-time education. Those recognised as refugees, including those resettled here, have immediate and unrestricted access to work and other services that can support their integration.

As might be expected from a former Minister at the Department for Work and Pensions, I certainly recognise the importance of work when it comes to physical and mental wellbeing, building a wider sense of contribution to our society and community integration.

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[Caroline Nokes]

Oh. You have educated me, Mr Betts, but I will certainly be happy to take up any issues that the hon. Gentleman wishes to raise with me outside the Chamber.

Our position is also comparable and consistent with the immigration rules for non-EEA nationals wishing to come here and work in the UK, but that approach could be undermined if non-EEA nationals were able to bypass the rules by lodging unfounded asylum claims. It is an unfortunate reality that some migrants make such claims to stay in the UK, and it is reasonable to assume that they do so because of the benefits, real or perceived, that they think they will gain.

Currently, around half of those who seek asylum in the UK are found not to need international protection. Allowing earlier or unrestricted access to work risks undermining our asylum system by encouraging unfounded claims from those seeking employment opportunities for which they might not otherwise be eligible.

[Thangam Debbonaire]

May I clarify something with the Minister? When she gives figures on those refused asylum, do they take into account the numbers who, having been refused initially, will subsequently be granted asylum on appeal? It is those cases that I am particularly concerned about.

[Caroline Nokes]

I believe that is taken into account. The hon. Lady makes an important point, because I am conscious that—I will probably say something about this later—for both original applications and appeals, the system takes far too long. We know that throughout the appeal system many people bring forward additional information that, had we had the opportunity to consider it in the first place, would have led to a case being granted at the first opportunity. I am firmly of the view that we need to continue to do more not simply to speed up the processes, but to make sure that the decisions made are the right decisions in the first place, and we need mechanisms whereby people can bring forward additional information throughout the process. Also, the headquarters in Bootle is trialling a system where we sit asylum decision makers with both junior barristers and presenting officers so that they can better understand and learn what type of case is most likely to be granted at appeal so that cases can be granted earlier. They have a much better opportunity to learn from each other and to make sure that the right decisions are made in the first place.

I recognise that there is a significant debate about the evidence to demonstrate that policy changes made by Government act as a pull factor. I am not pretending for one moment that migration choices are not complex, and I know that isolating the impact of individual policy changes is far from straightforward, but there is evidence that policies affect migrant behaviour. It is also reasonable to assume that economic incentive is at least one element in a range of factors that encourage people to choose to move to a particular destination after first reaching a safe country.

[Caroline Nokes]

I can point to evidence from Germany, where a change in policy saw a significant increase in the numbers arriving. Interestingly—the hon. Gentleman might be fascinated by this—that was a point that I removed from my speech. I am conscious that we are concerned about pull factors. We do not want anybody making risky or perilous journeys with the aim of an economic goal, as opposed to fleeing from persecution, but of course we recognise that they can be in a position where they cannot make a choice and have to make such a journey. I felt that the message given by that chunk of my speech was too harsh. We have a fantastic reputation in this country for being a safe haven for those in need, and I really want to build on that. However, I want to build on it through schemes such as VPRS, Mandate and Gateway. Various hon. Members here have heard me speak previously about ambitions to turn them into far more holistic and comprehensive schemes instead of what strikes me as a piecemeal approach.

[Thangam Debbonaire]

Will the Minister give way?

[Caroline Nokes]

I will give way, although I am conscious that I am running out of time.

[Thangam Debbonaire]

The Minister is being incredibly generous. On that point, I welcome her commitment to more holistic schemes. Does she therefore agree that if we want to prevent dangerous journeys, one of the best things we can do is honour the commitments we have made under the UN global compact on refugees and actually expand resettlement? Let us make it easier so that people do not feel forced to make dangerous journeys and let us encourage our allies and other countries to do the same.

[Caroline Nokes]

The hon. Lady is right that we need a whole-route approach. We have to look to where we can build stronger alliances, but I am also very clear that we must make sure that refugees claim asylum in the first safe country they reach. We know that in many cases that does not happen. We also know that in many cases—I referenced this earlier—refugees who have been granted status find it difficult to enter the job market, but that is for very understandable reasons. Rather than encourage further integration for those who might eventually not qualify for protection, our priority is focused on our efforts to support those who most need it.

We are taking action to support refugees to integrate and find employment as quickly as possible so that they can establish themselves and build lives here. The “Integrated Communities Strategy” Green Paper, published in March this year, underlined that commitment. It also set out the Government’s priorities to focus on English language, employment, mental health and cultural orientation. When I was in Jordan during the summer recess, I was struck by the work going on there on cultural orientation for people who were yet to be resettled. There were interesting and fascinating discussions in the session that I was able to be part of, but what really struck me was the importance of doing more on that front. In many cases people who are eligible and accepted for resettlement will wait many months before they make the journey here. We should not miss the opportunity to make sure that their cultural orientation and language preparation is as good as it can be. The Syrian refugees who had some level of English were really keen to use it, practise it and have conversations, whereas others in the group clearly felt much more isolated because they did not have that opportunity.

We will publish our response to the consultation later this autumn. There is a great deal more to be said about integration and training and employment. One of my first visits as a Minister was to Bradford, where I visited the specialist training and employment programme, which was all about moving refugees into work and helping them build a CV, improve their English and then find the great employment opportunities that we know are out there, with companies such as Ben & Jerry’s, with its ice academy, and Starbucks. Indeed, the STEP—skills, training and employment pathways—programme was working very closely with Tesco.

I have very few moments left, but I want to reassure Members that I am listening carefully to the argument. There is much merit in it. My right hon. Friend the Member for Meriden has certainly conveyed her views extremely clearly and well. The issue is multifaceted and complex. I look forward to further discussions with Members and NGO colleagues. I remain receptive to the views and evidence presented to me on the right to work. However, it is important that we recognise that there is a balance to be struck and that we make sure we make the right decisions.

Question put and agreed to.

Ending Exploitation in Supermarket Supply Chains

Thangam Debbonaire Excerpts

Thursday 18th October 2018 Commons Chamber

[Kerry McCarthy]

I was not actually aware of that point, so I thank my hon. Friend for bringing it to my attention. I am very concerned to hear that that is the case.

As I was saying, supermarkets now keep as much as 50% of the money their customers spend, while the share that reaches workers and food producers has fallen, sometimes to less than 5%. Oxfam’s research has found a direct correlation between drops in the prices paid by the supermarkets to suppliers and the risk of increasing human rights violations in supply chains. This is basically propelling a race to the bottom on wages and rights. Slavery and labour exploitation typically happen towards the bottom of supply chains, where things can get very murky and there is a lot less transparency. It is not just the cost savings that are not passed down; there is also a greater risk in that we are much more likely to see pesticide poisonings and other health and safety violations.

For example, the import price for pineapples from Costa Rica to Germany, primarily for supplying Aldi and Lidl, fell by about 45% between 2002 and 2014, despite increasing production costs. Oxfam has documented conditions on two pineapple farms in Costa Rica, which included poverty wages, subcontractors demanding monthly commissions, penalties or dismissal for workers who wanted to organise, and pesticides being sprayed while workers were in the fields.

There are other unfair practices that contravene the groceries supply code of practice’s principle of fair dealing. Fairtrade’s research into the banana sector found that banana farmers bear the cost if the retailers’ forecasts are wrong. In the worst instance, banana farmers reported receiving late changes to orders in 40 out of the 52 weeks in the year. Feedback Global has revealed the unrealistic specifications buyers use to reject produce from vegetable producers in Kenya, where on average 30% of production is discarded at farm level and another 20% prior to export—that is 50% of their produce—largely on cosmetic grounds. There is virtually no domestic market for these crops and alternative buyers cannot be found at short notice.

What can we do about this? For a start, we as consumers can do more. We can buy Fairtrade, which is the only initiative that requires a minimum price for producers and has a mandatory trader standard. We can use our consumer power to demand more of our supermarkets, using the Oxfam “Behind the barcodes” scorecard to track their progress. As the chief executive officer of Divine Chocolate has said:

“We live in times where, on the one hand, the turnover of the world’s biggest supermarket group is higher than the Gross National Income of Norway or Nigeria, and, on the other, where most of the world is dependent on smallholder producers for at least 80% of its food. Supermarkets have a responsibility to those producers, and we have more power than we think to call them to account.”

The food sector can certainly do more. In the EU, just 10 supermarket groups account for over half of all food sales. Just 50 food manufacturers account for half of all global food sales. If they act, that will make a huge difference.

[Thangam Debbonaire (Bristol West) (Lab)]

My hon. Friend is making a very powerful and, actually, a very upsetting speech. In particular, she mentioned Kenyan bean farmers, and a lot of us thought we were doing some good when we bought those beans. Does she agree that, along with the supermarkets, we need to look at the wider catering industry, food processing and cafés, which often like to portray themselves as fair and good trading environments? Does she also agree that we need some system that enforces such regulations across the sector?

[Kerry McCarthy]

I very much agree with my hon. Friend. I am focusing today on supermarkets because that is where it is easiest for customers to interface and because they so powerful within the market. However, there are many big food manufacturers and others throughout the supply chain, as she says, that need to step up to the mark as well.

--- Later in debate ---

[Kerry McCarthy]

If we can get 100% on gender pay gap reporting, we ought to do an awful lot better on modern slavery reporting.

The Home Office review of the Modern Slavery Act is welcome, and I hope it will result in much-needed measures to strengthen it and its implementation. I welcome the appointment as chairs of the right hon. Member for Basingstoke (Mrs Miller) and my right hon. Friend the Member for Birkenhead (Frank Field), who unfortunately has had to go back to his constituency, where “Songs of Praise” is being recorded, otherwise he would be here.

If the Government want to lead on this issue internationally, a law of due diligence, whereby companies need to demonstrate they are actively seeking to end slavery in supply chains, would be a good place to start. A wider definition of supply chain liability is needed, so that real or feigned ignorance is not a justifiable excuse when instances of slavery are revealed. We also need better support for victims. I very much support Lord McColl of Dulwich’s Modern Slavery (Victim Support) Bill, which would extend the proposed 45 days of additional support to 12 months. We can see how victims of slavery are terrified of coming forward because of the risk of deportation.

[Thangam Debbonaire]

I thank my hon. Friend for giving way one more time—she is being very generous. I am interested in the point she has just made about supermarkets taking responsibility. Does she think that the onus needs to be on supermarkets, and that ignorance of slavery further down the supply chain should be their responsibility? They should be more proactive in going out there and seeking evidence that there is no slavery, rather than waiting to be caught out.

[Kerry McCarthy]

I certainly think that. At the all-party group yesterday, we heard from someone from ASOS, the online clothes firm, who talked about all the measures it takes. It has really complex supply chains, sourcing products from all around the world—not just finished garments, but material, zips and buttons—yet it seems to be able to do it, so I do not see why supermarkets cannot. They should be doing it on food safety and on other issues as well, so they ought to be doing it on modern slavery.

The Agriculture Bill will require more data from the agri-food sector on supply chain fairness. That will get some information out there that can be used, like the Oxfam scorecard, to put pressure on the supermarkets to change their practices. However, there is nothing in the Bill about such data being used for a legally enforced purpose. Having been a member of the Public Bill Committee, I hope we can change that. I raised this issue this morning at Environment, Food and Rural Affairs questions and I got a response from the Farming Minister about the Gangmasters and Labour Abuse Authority, but I am slightly concerned that he did not seem to link it in with discussions about modern slavery. I would hope that as a result of this debate he and the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), can have a conversation. The International Labour Organisation has said that the agriculture, forestry and fishing sector is the fourth largest sector for the incidence of slavery, so it certainly needs to be on DEFRA’s radar.

I also asked the Farming Minister in Select Committee whether he would support the EU’s unfair trading practices directive, covering the whole of the supply chain, which will extend to producers selling into the EU from overseas. Naturally, the Minister told me that the Government would prefer to deal with this on a national basis, but we do need a firm commitment that the Government will follow the EU’s lead and establish themselves as a good and responsible customer so that we do not end up losing the preference of suppliers post Brexit—why would they sell to us when they do not get the same protection they would get from selling elsewhere? Another step the Government can take is to support the adoption of a binding UN treaty on business and human rights that holds companies legally accountable for human rights violations along their supply chain.

There is another reason for holding this debate now. There are too many in this place who enthusiastically extol the opportunities of getting our hands on even cheaper food in the post-Brexit world, but that would come at a terrible price: a race to the bottom on food standards, food safety, animal welfare and environmental protections, and the continued exploitation of workers around the globe. The key message I want to get across today is that cheap food comes at a cost, and the cost is often met by the workers. Cheap food is not the solution to food insecurity. Food bank use is driven by low pay and insecure work, benefit freezes, sanctions and delays, and spiralling housing costs. Something has gone very wrong when a local advice centre tells me it has been helping a client who could not afford to eat, but she could not get to the food bank because it was only open when she was at work—at Tesco.

We also need to be cautious, as I mentioned at DEFRA questions this morning, about Government plans to bring in seasonal migrant workers to fill labour shortfalls after Brexit. Focus on Labour Exploitation—FLEX—has warned that temporary migration programmes that tie workers to a single employer would mean workers are unable to defend themselves if they are paid less than promised or if they are expected to work longer hours and in worse conditions than initially agreed.

In conclusion, I represent a city, Bristol, that was built on the back of the slave trade, the hideous and now unimaginable trade in Africans and in slave-produced commodities such as sugar, chocolate, coffee, cotton and tobacco. Bristol is now one of the leading fair trade cities in the world and at the forefront of efforts to stamp out modern slavery. Our city is home to anti-slavery organisations such as Unseen and TISCreport that are, like Mayor Marvin Rees, committed to stamping out this horrendous crime, making the commitment to be the world’s first transparent city at a time when most did not even know what that meant. Slavery is not just a terrible episode in history. Some 13 million people were captured and sold as slaves from the 15th century to the 19th century while slavery was legal, but the “Global Slavery Index” estimates that more than 40 million people live as slaves today.

When the current Prime Minister came to office, she vowed to personally work to eradicate this “barbaric evil” and

“great human rights issue of our time”.

But as with many promises, I fear that the Government’s ambition may be slipping. I hope the Minister can provide some reassurance today that that is not the case.

Asylum Accommodation Contracts

Thangam Debbonaire Excerpts

Wednesday 10th October 2018 Westminster Hall

[Thangam Debbonaire (Bristol West) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Main. I extend my thanks to my hon. Friend the Member for Stockton North (Alex Cunningham) for securing the debate. I shall try hard not to repeat what has already been said, so there are lots of crossings out in my notes, but I want to try to pin the Minister down, and I hope she will respond on some specifics.

Someone who was forced to make the heart-rending decision to leave their home, family, friends and community, and who made a long, perilous journey to reach a place of sanctuary and safety, would hope to be welcomed by a country that wanted to pride itself on the welcome it gave to victims of torture and conflict. However, as other Members have said, for too many the welcome is to unhygienic, unsafe and unpleasant accommodation—for which the taxpayer is paying. That serves no one, and I hope that the case has already been made powerfully enough to mean that the Minister will want to take up the cause.

The Government should have known the situation long ago, because the contracts in question are Government contracts, but even if that was not the case, last December’s report of the Select Committee on Home Affairs on asylum accommodation should have made the matter clear. I have personally seen cases, through visiting asylum accommodation in my constituency. I have also talked to survivors of torture and trafficking, and to other people who have been in the asylum system. The report made it clear that the incidents in question are not exceptions proving any sort of rule of an otherwise well functioning asylum system. They are symptomatic of wider problems, but they also show specific deficiencies in the design and delivery of the asylum accommodation contracts.

I agree wholeheartedly with the organisations that have provided helpful briefings, some of which are represented in the Public Gallery today. They include Asylum Matters, Freedom from Torture, Doctors of the World, the Refugee Council and many other third sector organisations, as well as others from my constituency, such as Bristol Refugee Rights, Borderlands, Bristol Hospitality Network and Aid Box Community. Also, Councillor Ruth Pickersgill goes above and beyond any example I have known, as a councillor supporting refugees and asylum seekers. All of them have told me that the situation must change. The new asylum accommodation and support services contracts should be an opportunity to right the wrongs and ensure that taxpayers’ money funds decent accommodation, reflecting us as the compassionate and welcoming country that we want to be. I therefore ask the Minister whether she will commit to publishing at least the statement of requirements and performance management regime for the new contracts.

Those of us who have visited asylum accommodation or discussed it with refugees and asylum seekers, as well as with the Government, know that if the implementation of the contracts is delayed, or if providers fail to live up to the terms, local authorities, third sector organisations and compassionate individuals will pick up the pieces, but that is not a good way of running the system. We need nothing short of a completely new approach to the way we take responsibility for refugees. The Minister has been very welcoming to me, my hon. Friend the Member for Stretford and Urmston (Kate Green) and others in discussing necessary changes, but I want to remind her of how those changes connect to housing. On a global level, the UN global compact on refugees provides a helpful model on resettlement. The Minister knows that I want an end to indefinite detention, particularly for survivors of torture but also for other vulnerable people such as victims of trafficking; increased places on resettlement schemes; the comprehensive introduction of classes in English for speakers of other languages; the abolition of healthcare charges; and the right for asylum seekers to work after six months. Those things could all help to ease the pressure on accommodation, but they would also all require the accommodation to be good.

I invite the Home Office and the Minister to let politicians, local authorities and others, and the public, see what is behind the curtain, and to open the tendering process to proper scrutiny. The quality of the welcome that we extend speaks volumes about who we are and want to be. We are at a pivotal moment. Britain’s place in the world has rarely been subject to so much scrutiny. Sanctuary with dignity and respect for people fleeing unimaginable horror will send out an important and powerful message about who we are.

--- Later in debate ---

[Caroline Nokes]

I can see that I am about to be intervened on; I will give way to the hon. Member for Bristol West (Thangam Debbonaire), who has not yet intervened on me.

[Thangam Debbonaire]

I am very grateful to the Minister for giving way. Will she agree that that assertion would perhaps have more support from across the House if it was not for the very large number of rejected asylum claims that are overturned on appeal? Indeed, from some countries it is the majority that are overturned. Her claim does not really add up if we are being asked to agree that people should be removed when they have further rights to appeal to remain and when those appeals often succeed.

[Caroline Nokes]

I did not say that people who were not at the end of the process should be returned to their country of origin, and I am very conscious—perhaps more conscious than many—of how long the process takes, how many opportunities there are for appeal and, indeed, how often further information is brought forward. There is much more work to do to speed up the process and ensure that Home Office processes are accurate at the earliest possible stage. However, a lot of that is about finding mechanisms for people who are going through the process to bring forward as much information as possible as soon as possible. When information is not forthcoming at the outset and not all the information is available, it is very difficult to make a determination.

Windrush

Thangam Debbonaire Excerpts

Tuesday 4th September 2018 Commons Chamber

[Caroline Nokes]

My hon. Friend is right to point that out. These issues have occurred over successive Governments and many years. This Government are absolutely determined to make sure we put right those wrongs.

[Thangam Debbonaire (Bristol West) (Lab)]

My caseworkers tell me that intolerable delays are occurring and that people in the pipeline are not being dealt with promptly, even though we were promised they would be. We had good experiences at the start of this process, but I am afraid to say that that has gone backwards. What is the Minister doing to deal with delays, and how many people are in that delayed situation?

[Caroline Nokes]

The vast majority of cases have been dealt with within the two-week deadline after the receipt of full documentation; both the former and the current Home Secretary committed to that. However, I hope the hon. Lady will understand that some cases are extremely complex, that we are looking for reasons to grant, not reasons to refuse and that, in some cases, that has taken longer.

Immigration Detention: Shaw Review

Thangam Debbonaire Excerpts

Tuesday 24th July 2018 Commons Chamber

[Sajid Javid]

On the timescale, I have announced four broad measures today. Internally, we are working on what can be implemented. Some of them are much more immediate. Some of the policies need amending. Others will take time to put in place, such as starting some of the new pilot projects about alternatives to detention in the community. On resources, I am sure that I have the resources from now until the end of this spending round. I will then need to have further discussions with my right hon. Friend the Chancellor.

[Thangam Debbonaire (Bristol West) (Lab)]

There is so much to welcome in the Home Secretary’s announcement today. I am particularly pleased to hear about the pilot and evaluation of the new system for vulnerable women. I urge him to take that evaluation very carefully and make sure that we get it right. He mentioned a lack of evidence on the question of a time limit. Will he look, or look again, at the report on detention written by my predecessor as chair of the all-party group on refugees, the previous hon. Member for Brent Central? The co-chair is my hon. Friend the Member for Sheffield Central (Paul Blomfield). That report was carried out in 2014 and published in 2015. I think that the Home Secretary will find that there is a great deal there to recommend it. Will he meet me and my hon. Friend to discuss the findings of that report?

[Sajid Javid]

I thank the hon. Lady for her comments and for her welcoming of the pilot regarding vulnerable women. I will happily take a proper look at that report. I have seen a summary of it, but as I am looking for some more summer reading to do, that is a very good suggestion. When Parliament is back after the summer, I would be very happy to meet her and her colleague.

Foreign Fighters and the Death Penalty

Thangam Debbonaire Excerpts

Monday 23rd July 2018 Commons Chamber

[Mr Wallace]

I can give my hon. Friend the assurance that throughout the whole process of this and many other cases that we have to make decisions on, we try to keep in balance the security of the nation from people who pose such a threat, whether they betray our values or betray their nation. We do that all the time and work incredibly hard to try to make sure that where we achieve justice, we do not do it by cutting corners and breaking international law, which we have seen happen in this House previously. The consequences that flowed from that are significant, which is why I can say, and said earlier, that the Government’s position on Guantanamo Bay is not as was reported in the media this morning. We absolutely oppose its existence. We wish it to be closed down and we would not, and will not, share information with the United States if individuals were going to end up in Guantanamo Bay.

[Thangam Debbonaire (Bristol West) (Lab)]

I am baffled as to which of the many questions running through my head to ask. I could ask why the Minister had no answer for the right hon. and learned Member for Beaconsfield (Mr Grieve), because surely precedent is extremely important in this case. The Minister does not even seem to know when the country last made such a serious decision not to seek reassurances. May I press him to commit himself to finding out those reasons, and to expressing at least some understanding of why it baffles so many of us, on both sides of the House, that he will not seek those reassurances in this case, given that he has just said that he would have done so if there had been the possibility of a prisoner’s going to Guantanamo? It makes no sense.

[Mr Wallace]

First, I have given that commitment. I will find out how many times this has been used in the past, and, as I have said, I will write to Members. As for the seriousness, the reason the Government oppose Guantanamo Bay—as, indeed, do the Opposition Front Benchers—is that it is not an institution that follows due process. It is set outside the bounds of international law. It is not in compliance with nearly everything that this country stands for. That is very different from the justice system of the United States.

Immigration: Pausing the Hostile Environment

Thangam Debbonaire Excerpts

Thursday 12th July 2018 Commons Chamber

[Caroline Nokes]

I thank my hon. Friend for the question. The lessons learned review is an important part of that, but my right hon. Friend the Home Secretary has been very clear that there is, and will be, a cultural change at the Home Office. We have to make sure that we are better at identifying such situations and responding with the appropriate speed. The lessons learned review will help us to understand what went wrong, and we most certainly are learning those lessons.

[Thangam Debbonaire (Bristol West) (Lab)]

The hostile environment has particular consequences for refugees, especially as the Liberal Democrat and Tory coalition Government scrapped the national refugee integration service, which had been set up by the previous Labour Government. Refugees have fled conflicts and war, and they deserve help, not hostility. So will the Minister agree to restore a national refugee strategy and service, and allow applicants the right to work if the Home Office fails to meet its own six-month service standard?

[Caroline Nokes]

The hon. Lady will, of course, be aware of the integration Green Paper, which is being led by the Ministry of Housing, Communities and Local Government. In the past few weeks, I have had a number of meetings and conversations with leading charities working in the refugee sector. I am very conscious of the need for us to make sure that refugee communities are given the support—the English language teaching—that they need to be able to integrate. I have a particular focus on the measures we must take to help those with status into work.

Family Visitor Visas

Thangam Debbonaire Excerpts

Monday 9th July 2018 Westminster Hall

[Thangam Debbonaire (Bristol West) (Lab)]

It is truly a pleasure to serve under your chairmanship, Dame Cheryl, in this important petition debate. I thank my hon. Friend the Member for Warrington North (Helen Jones) for the way she presented the issues. I have put a pen through quite a lot of my speech, because I do not believe in repeating things that have already been said very well.

I will start where my hon. Friend left off, which is with thinking about how this feels. I have an Indian father, an English mother and a sister who lives in America. Every year, without fail, I—along with my mother and husband—apply for, and am granted, a visa to visit India, where I have a great many relatives, including a much-beloved, now quite elderly, aunt in her 90s, whom I completely adore. She is a role model to me, and has been since I was a small child.

I have cousins to whom I am very close, and their children are growing up and each year seem to be bigger and doing all sorts of interesting things. I cannot bear the thought of how it would feel to be kept apart from them, were I to be refused that visa. The visa system is moderately onerous, but it is clear. Each year, whenever I have difficulties with it, there is someone I can call who can give me advice on how to deal with any problems that I might have had, and it has got better each year.

The system for America is not without its flaws, and my mother is certainly very worried that in the course of my duties as an MP I might accidentally visit a country that will appear on one of President Trump’s lists. Although that is sort of funny, it is also heartbreaking, because my mother is truly terrified that I will risk not being let into the country to see my sister. Again, the thought of being prevented from seeing my sister is very painful to me. I try to think of how it must feel to be one of my constituents.

The problem is getting worse. My caseworkers have just messaged me to say that in my first year as an MP we had one such case. In my second year, 2016, we had five. We had a further five in 2017, but so far, after just six months of this year, we have had 10. I pay heartfelt tribute to my dedicated staff, particularly Michelle Boobier and Sheila Sharman, the constituency caseworkers. I sometimes feel that our caseworkers are not given the credit they deserve. Constituents tend to thank us when they get a visa granted, or some other problem solved. Almost always, the work was done by our dedicated, hard-working caseworkers, who are relentless, determined and completely committed to trying to do the right thing by our constituents.

My caseworkers are very smart women who are not likely to have the wool pulled over their eyes, or be hoodwinked by someone trying to pull a fast one. They take a lot of care over getting the details and information, and I trust them when they say to me, “This person has a good case.” It distresses me that my caseworkers are now feeling quite distressed about some of the people whom we have not been able to help.

To mention a couple of successes, last year we helped an Iranian mother to get a visa to see her son graduate in Bristol. That was a considerable effort. She had plenty of evidence to show that she wanted to return home afterwards, which she did. It meant the world to her that she was able to be in Bristol for her son’s graduation. Tragically, we had two doctors from Pakistan who wanted to see their mother one last time before she died. We were able to help them, but we know of other cases. Despite the Home Office’s stricture that we should bother it to expedite things only in matters of death or the dying, unfortunately we often have cases where people are either dead or dying, but it does not seem possible to get things overturned.

I know that many of the Minister’s officials try very hard, and we have had some good experiences of officials who have been very sympathetic, but for whom it feels as though there is an underlying culture of distrust and a default setting. I do not hold the Minister responsible for that, but it seems to be there none the less. For instance, the parents of another constituent have been refused visas, even though they have visited many times before, have always returned home and can prove that they have very good reasons to return home.

We recently requested a review of a refusal of a visa for two teachers from a country that I am not going to name, because I do not want to jeopardise their application. I hope that the Minister will be able to give us some good news on that at some point. They are teachers who have applied for visas to come to one of my local schools, as part of a school exchange programme. We have evidence galore that that is why they are coming; we have evidence up to the eyeballs. We hope that her officials will reconsider and that the teachers eventually succeed, because the school itself is desperately upset.

We find that in immigration inquiries the most common cases that we have are visa refusals, where people have been denied entry clearance to visit the UK. The process of applying is so complex and expensive, and there is no right of appeal. It therefore seems terribly unfair that even the most insignificant error, which we are often able to see and say, “That may be where it went wrong,” is a reason for the Home Office to say, “Aha! There’s a mistake you made. Let’s refuse,” rather than exercising reasonableness.

Of course the Home Office needs to be satisfied that the visitor has sufficient ties to their home country, but the Indian visa system does not ask me for very much. It asks me to name my profession, and in my previous job I once provided a letter from my employer, but I have not been asked to provide a letter from Parliament. I understand why the Home Office is asking for sufficient evidence that the person will return to their country of origin, but the amount of proof required is so high that it seems that people from certain countries, as my hon. Friend the Member for Warrington North said, feel bound to fail.

The most heartbreaking cases have involved people refused visas to visit sick or dying relatives. We have also had a father who was denied the opportunity to be present at the birth of his child. Although we helped one mother to be at the graduation of her son, others have been unable to attend graduation ceremonies, and parents have been unable to spend time with children and grandchildren.

My hon. Friend said that there is a strong suggestion—this is what we feel from our case load, which I admit might seem small—that certain countries seem to produce an automatic refusal. I urge the Minister to consider looking into whether that is the case, because that is our experience. That is not helpful for democracy. It does not help our constituents to feel faith in the democratic process. They feel increasingly that even MPs cannot help to right wrongs. That does not seem right: no matter how hard my caseworkers work and if we feel that there is a mountain of evidence but we have not been able to change anything, it gives our constituents the idea that even democratically elected representatives are impotent and useless, and have no power in the system whatever, no matter how hard we try.

I have three requests of the Minister that come from my caseworkers, whom I, again, thank greatly. Will she consider introducing an automatic right of approval of visitor visas for families of British citizens? I believe that family members of UK citizens should not have to meet exactly the same criteria as other applicants for a visit visa. Not being a citizen does not make our parents, siblings, children and grandchildren any less a part of our family. I believe that the only requirement should be that a British relative sponsor them.

I understand that the Minister might wish to introduce other requirements, but the requirements at the moment seem terribly, heartbreakingly unfair for the relatives of British citizens. For instance, I know, because I have looked into this, that were I to try to bring over my cousins from India, whom I am able to get a visitor visa to visit, the requirements would be very high. I am afraid even to ask for a visa, because I am terribly afraid of disappointing them.

Will the Minister introduce a super visa category for the parents of British citizens? My hon. Friend the Member for Warrington North laid out very well some of the problems and shortcomings of the Canadian super visa system, but there must be some way to allow the parents of British citizens to come here—parents who definitely want to go home, and have a life to go home to. There should be some way to make it easier for British citizens to be able to see their parents. The Minister might say, “They can visit their parents in their country of origin,” and I have said that, too, but if they are working parents with children at school, it is not practical to do that as often as their parents wish to see them.

I ask the Minister to consider whether British citizens should be able to appeal the refusal of a family visit visa. My constituents consider the removal of the right to appeal to be one of the most egregious acts. They simply do not understand how that could be so in a democratic country. The appeals process for family visit visas was removed on 25 June 2013, allegedly to cut costs, but in my recent experience the UK Border Agency seems to have cut the process of justice and accountability at the same time as cutting costs. How can that be justified? Is the UK Border Agency now judge and jury—the administrator and the rule maker? It certainly feels that way to my constituents, my caseworkers and me.

I respectfully ask the Minister to consider this. We are a modern, democratic country, and I am sure she wishes us to be known, post-Brexit, as outward facing. We live in a very confusing world—a world that increasingly feels divided, rather than united—so is now not the time to show the world what a country that is capable of bringing people together and reuniting families can truly do if it tries hard enough? I ask her to consider the requests made by the petitioners, my caseworkers and me.

--- Later in debate ---

[Kate Green (Stretford and Urmston) (Lab)]

It is a great pleasure to participate in this debate under your chairmanship, Dame Cheryl. I draw the House’s attention to my declaration in the Register of Members’ Financial Interests, in respect of the research support I receive in my office for the work I do on immigration and asylum matters.

My constituents’ experiences are similar to those that my hon. Friends have related this afternoon. There is, to a degree at least, a sense that there is a culture of disbelief in the Home Office when cases come forward for decision. I am sure the Minister will wish to address that. The consequence is often heartbreak for families: relatives miss important family occasions and celebrations. As we have heard, they miss the births of grandchildren and come too late to visit terminally ill relatives. Sometimes they worry that there is little hope that very elderly relatives will ever have the chance to see family members again. Even if a favourable decision is eventually made, they may have had many months and years of heartbreak, during which time the family members remained apart.

I am sure the Minister understands that, in many such cases, timely decision making is of the essence, because the events are often one-off, significant occasions that cannot be repeated. The first question that I want to put to the Minister is, how can the process be made speedier, as well as more reliable and compassionate?

[Thangam Debbonaire]

Are my hon. Friend and the Minister aware of the speed with which the Indian e-visa system now operates? One can fill in a form on Sunday and have an e-visa returned by Wednesday.

[Kate Green]

I did not know about the speed of the Indian e-visa system, but I am sure the Minister will want to comment on that comparison.

The decision making often seems irrational and random, in terms of the way factors determine the outcome of applications. As we have heard—I have experience of this from my constituency—people who have previously been granted visitor visas, made a visit to this country and then returned to their home country find that when they submit subsequent applications to do exactly the same thing, often with exactly the same facts, their new application is rejected. As we have heard, visas are often refused because they lack some key piece of information. It has often never been made clear to the applicant that it is necessary, so it is hardly surprising that it is not supplied. Again and again in my constituency, I have heard examples of very clear evidence of an intention to return that has seemingly simply been ignored.

We heard about the reports of the independent chief inspector of borders and immigration. The 2015 report found considerable evidence of the systemic problems mentioned by my hon. Friends and of the rules not being applied appropriately. In one overseas visitors section, in Jordan, the inspector found that evidence was overlooked or misinterpreted in more than 10% of applications, and that 43% of refusal notices were “not balanced”. In a wider report, again by the inspector, 30% of visit visa cases sampled failed the Department’s own quality standards. I know that the Minister will not be satisfied with that kind of performance, and we need to hear what she will do about it.

In cases from my constituency, applicants have provided evidence of land ownership and substantial personal wealth, or income statements from their employers, only for such evidence of resources seemingly to be ignored. In other cases, children, grandchildren, the spouse or other family dependants have remained at home—clearly an applicant will want to return to them—but cases have simply been dismissed for not demonstrating strong enough family ties. It is hard to think what more an applicant can do than to demonstrate a tie to a spouse, child or grandchild.

I have heard of refused cases of applicants who have held responsible roles in their home country. In one case I have been dealing with recently, the visitor was a councillor—an elected member of the local legislature—and in another, a doctor and university professor was deemed likely, for some reason, not to return home. I have seen the Home Office dismiss what it characterises as “claims” to be in employment, implying that an applicant is lying in the application. Applicants feel very offended, hurt and alarmed about that. I have heard of cases in which families have been forced to make multiple applications, as they receive refusal after refusal, costing them thousands of pounds and going on for years and years. None of that is satisfactory or acceptable, and I do not think that the Minister will tolerate it either. I look forward to what she has to say.

The Minister is aware of my particular concern, because I have expressed it to her directly in the past: family members seeking to visit who are resident in refugee camps. I understand how difficult such a situation is for the Government to assess but, by definition, such people cannot demonstrate an immediate intention to return to their home country, because that country is not safe. Often they will not have documentation because they have fled, leaving everything. However, she knows—I have discussed a particular case with her—that those families are as desperate to visit as any. Family members have gained asylum in this country successfully, which is greatly to this country’s credit—for example, under the community sponsorship scheme—but, having given that initial welcome to such desperate people, we cannot agree to their family members making visits at a time of important family need. Will the Minister look at what can be done in this situation—I recognise that it is difficult and challenging—to ensure that when applicants are resident in refugee camps we have the most flexible and compassionate approach possible to give them the chance of family visits, too?

We heard from all my colleagues about the problems that have arisen following the removal of appeal rights. Not only is that unjust and worrying for applicants, because they feel that the refusal of an administrative application will taint a future one, but it is disingenuous of the Home Office to advise that a fresh action is quicker and more straightforward than making an appeal. I have heard cases of constituents who have had to go through the process again and again.

Equally importantly, however, the lack of an appeal process might remove any route or incentive for the Home Office to learn from and improve on poor and wrong decision making. The lack of such a process removes the feedback loop that might drive up quality standards. With my colleagues, I urge the Minister to look again at some reinstatement of appeal rights.

In conclusion, we are clearly not talking about isolated incidents; the system is poor, irrational and painful for families, and none of us can see any sign of things getting better—indeed, we fear that they are getting worse. As my hon. Friend the Member for Bristol West (Thangam Debbonaire) said, in the context of global travel, of it being more common for families to live in different countries, and of Brexit—whatever happens about settled status, in future more European visitors will visit family members who may not qualify for settled status—and when, as we understand, the Home Office faces so many pressures, to streamline and simplify the visitor visa system would surely be an early win for the Government, and one that would make an enormous difference to families who simply long to see their loved ones at times of important family events.

--- Later in debate ---

[The Minister for Immigration (Caroline Nokes)]

It is, as ever, a pleasure to serve under your chairmanship, Dame Cheryl, and I congratulate the Chair of the Petitions Committee, the hon. Member for Warrington North (Helen Jones), on introducing this important debate.

I thank Members for their contributions and echo the comments of the hon. Member for Bristol West (Thangam Debbonaire) on the work of not only Members’ caseworkers, but UK Visas and Immigration decision makers. I think everyone in the Chamber would agree that their job is not easy.

I am not going to pretend that we at the Home Office always get things right. Although I am not in a position to comment on the individual cases that hon. Members raised, it is of course perfectly true that, both as a constituency Member and as Immigration Minister, I see cases where mistakes have been made. I am painfully conscious of the human impact of those mistakes—the missed graduation ceremonies, births and marriages at which families had wished to come together and celebrate, and the occasions when families had wished to come together to mourn. I know how difficult those situations are.

I do not wish to come across from the outset as unsympathetic, but I am going to point out the scale of visitor visa applications and of the visa and immigration service more generally, and the rate and average speed at which visas are granted. In the year to December 2017, UKVI received just over 3 million visa applications globally, of which 2.7 million were granted. Some 2.1 million visitor visas were granted last year—an increase of 10% on the previous year. The average processing time for a non-settlement visa globally was less than eight days. Some 97% of non-settlement visa applications were decided within the standard processing time of 15 working days.

[Stewart Hosie in the Chair]

It is important to reflect that UKVI works hard and at scale to process the number of visas it processes. It is completely incorrect and misleading to suggest that visa decisions are based on nationality bias. All applications are and must be considered on their individual merits and in line with the immigration rules, regardless of the nationality of the applicant.

The Government of course welcome genuine visitors to the UK. We want people to come here on holiday and to visit family, to study and do business here. It is a key Home Office goal that, as well as keeping the country safe, we should contribute to the prosperity of the United Kingdom. In 2016, more than 38 million people visited the UK. Those visitors in combination spent more than £22.5 billion. VisitBritain forecasts that in 2018 we will welcome close to 42 million visitors, who are projected to spend almost £27 billion. More specifically, the Government recognise the importance of family ties. Families should be able to spend quality time together, take part in important family events and build strong connections.

[Thangam Debbonaire]

The Minister is generous in giving way. Will she clarify something? I think she said that in 2017, 2.1 million visitor visas were granted, each in less than eight days. Is that figure for family visitor visas or for visitor visas, full stop? If the latter, does she know how many were family visitor visas? There are aspects specific to those visas.

[Caroline Nokes]

The hon. Lady is correct to pick that up. I was specific in what I said, which was that, in total, 2.1 million visitor visas were granted. I do not have the number for family visitor visas in front of me, but I am happy to write to her after the debate with that.

The petitions we are discussing focus on visitor visas, and I will begin by setting out why we must have them. The first duty of the Government is to keep citizens safe and the country secure, and visas are one of the effective means we have in that regard. They are a good tool for reducing illegal immigration, tackling organised crime and protecting our national security.

Nationals of some non-European economic area countries need a visa to visit the UK. However, the requirements that must be met are the same for everyone whether there is a visa requirement or not. All applications, whether lodged at a visa application centre or at the UK border, are assessed case by case according to individual merits and against the part of the immigration rules that relates to why someone is coming to the UK. Visitor visas are available with validities of six months, two years, five years and 10 years, which allows those wishing to visit the UK regularly or at short notice to do so without having to apply for a new visa each time they wish to travel.

[Thangam Debbonaire]

The Minister is being terribly generous in giving way, but I must press her. The debate is specifically about family visitor visas, which are for a specific group of people whom the Home Office often seems to suspect will stay on because they are family visitors. That is not the same as general visitor visas.

[Caroline Nokes]

If the hon. Lady will be a little generous with her patience, I will come to the point of the three petitions we are considering. I did think it important to give a little context to begin with.

I am absolutely committed to ensuring that the UK visa service is high performing, customer focused and continually improving—that last point is important—in terms of both products available and the route to apply for them. There is always room to improve and—as we respond to evolving demands and requirements, harness new technology and reflect customer experiences and needs—we have a good story to tell.

As I said, 99% of non-settlement applications were processed within 15 days and the average processing time last year was just under eight days. Overall, customer satisfaction remains high. Comparisons are not straightforward, but we continue to believe that our visa service stands up well against key competitor countries. Having said that, I accept that we occasionally make mistakes, and I will address that later.

We continue to innovate, and our mission to deliver world-class customer service is informed by customer insight. For example, Access UK, a new intuitive online application service, has been successfully rolled out. Within the next few months, almost all customers worldwide will be able to apply for their new visa, visa extension or change of visa type via the new digital platform. UKVI also offers premium services, which mean that a visit visa can typically be processed in five days, and in some locations there is a super-premium service.

I am pleased that the hon. Member for Manchester, Gorton (Afzal Khan) referred to e-visas. I have much enthusiasm for the introduction of electronic travel authorisations, which I very much hope to see when the immigration Bill is introduced. Perhaps I might be able to look forward to his support on that.

The immigration rules set out the requirements to visit the UK, usually for up to six months. They apply to all visitors, and all applications are considered on their merits, regardless of the nationality of the applicant. Visitors must satisfy the decision maker that they are genuine visitors to the UK, that what they are coming to do here is allowed and that they will not work or access public funds. The decision maker looks at all aspects of an individual’s application and makes a credibility assessment against the immigration rules on the balance of probabilities.

I turn to the petitions, which call for a new visa category for parents of British citizens similar to that in Canada, automatic approval of visitor visas for families of British citizens and British citizens to be able to appeal the refusal of a family visitor visa. I shall address each in turn.

The Canadian super visa permits the parents or grandparents of a Canadian citizen or permanent resident of Canada to visit for up to two years, rather than for six months at a time as is usual. There are additional eligibility requirements, including minimum income thresholds, financial sponsorship guarantees from the family in Canada, Canadian medical insurance policies and medical examinations. Facts about applicants’ ties to their home country, as well as the overall economic and political stability of that country, are considered.

The UK’s long-held position is that visitors are those individuals who, in the vast majority of cases, come to the UK for a maximum of six months. We do not consider being in the UK for two years at a time as temporary or visiting, and therefore we do not intend to adopt a model like that of Canada. To do so, thereby allowing a select group of people to remain in the UK for two years as visitors, would mean that important considerations against the immigration rules would not be applied consistently, which could raise equality concerns.

Visitor visas are available with long validities, which means that people do not have to apply for a new visa each time they want to visit. Additional services are also available that reduce the processing time if, for example, people need to travel urgently. Long-term routes for family members are available; I will address them later.

The next petition calls for automatic approval of visas for family members of British citizens. Automatically approving visas rather undermines the benefits that the visa system gives us in border security. Visas are an effective tool for the UK in reducing illegal immigration, tackling organised crime and protecting national security. Automatically approving visas for a select group of people without consistent consideration could also lead to discrimination against people who do not have family members settled in the UK, but have just as valid a reason for wishing to visit. There would also be a danger of additional complexity in the assessment process around how someone confirmed that they were the family member of a British citizen. Unintended consequences could make the application process longer, more difficult and costly for everyone, due to the resources needed to undertake any additional verification that may be required.

The vast majority of visitor visa applications made are granted. Last year, the figure stood at 90%. That equates to more than 2 million visitor visas issued last year, which is an increase of 10% on the previous year. Those statistics mean little to those who do not get the visa they have applied for, especially if they feel that a mistake has been made in processing the application.

Music Festivals: Drug Safety Testing

Thangam Debbonaire Excerpts

Friday 6th July 2018 Commons Chamber

[Thangam Debbonaire (Bristol West) (Lab)]

I rise to speak about drug safety testing at music festivals. I start by letting all hon. and right hon. Members know that this is not a debate about legalising drugs. We could have that debate, but not today. This is about how we can put safety first, take dangerous substances out of circulation, save lives, make festivals safer and more pleasant places, and probably undermine drug dealers as well—and why would we not want to do that?

In May this year, in Bristol, the much loved annual Love Saves The Day festival came to town. It was sunny, loads of people enjoyed themselves—and nobody died. I believe that this is in part because the festival organisers worked with Avon and Somerset police and with Bristol City Council to ensure that the Loop drug safety testing project, with its trained scientists and drug counsellors, was able to operate on-site.

[Mark Tami (Alyn and Deeside) (Lab)]

My hon. Friend made the most important point—nobody died. At so many other festivals, many young people are losing their lives.

[Thangam Debbonaire]

My hon. Friend makes exactly the point that I am coming on to. The contrast between Love Saves The Day and another festival that weekend was that nobody died in Bristol while at the other festival there was no drug safety testing, and sadly—tragically—two people did die and 15 others were hospitalised.

The Loop operates a model called MAST—multi-agency safety testing—that was developed by Dr Fiona Measham, professor of criminology at Durham University and co-director of the Loop. I pay tribute to her and to all the people who work with her, and to others who help to make this possible—as well as to Love Saves The Day, of course.

[Jeff Smith (Manchester, Withington) (Lab)]

I am delighted to join my hon. Friend in paying tribute to Fiona Measham, who is my constituent, and her organisation the Loop. I spoke at its training day recently and was struck by the professionalism, hard work and dedication, and the high level of training, of the scientists and medical practitioners who do that job on a voluntary basis because they believe it keeps people safe.

[Thangam Debbonaire]

Absolutely. My hon. Friend makes an excellent point. This is about safety, and the work is done with skill and care.

The Loop introduced multi-agency safety testing—MAST—to the UK in the summer of 2016. From 2010 onwards, Professor Measham had shadowed academics, police and Home Office scientists who tested drugs on site at festivals primarily for evidential and intelligence purposes. She saw the value of extending that forensic testing to reduce drug-related harm on site through the provision of front-of-house testing or drug checking, as has happened for decades in other European countries. In 2013, the Loop conducted halfway-house testing, whereby samples of concern were obtained from agencies on site at festivals and nightclubs, and test results were then reported back to all agencies in order to inform service provision and better monitor local drug markets, which is so important if we are going to protect people.

That went further in 2016 with the introduction of MAST at the Secret Garden Party and Kendal Calling—for hon. Members who are not aware, those are festivals—by adding the general public to this information exchange. Although that was the first time that a drug safety testing service was available at a festival in the UK, it was built on evidence from similar services that have been running successfully in the Netherlands, Spain, Switzerland and Austria for a number of years.

MAST is a multi-agency collaboration. Samples of substances of concern are provided by on-site agencies such as security, the festival organisers, the police or individuals who are intending to consume those substances. They are given a unique identifier number and return about half an hour later to get the test results. Those substances are tested by PhD chemists who are highly qualified and trained, as my hon. Friend the Member for Manchester, Withington (Jeff Smith) said, using four types of forensic analyses and linked to a computer database containing a regularly updated reference standard library of all known legal and illegal substances, including new psychoactive substances, also known as legal highs.

People return with their unique identifier number and are given the test results as part of a 15-minute individually tailored brief intervention by an experienced healthcare worker. Harm reduction information is contextualised with people’s medical and drug-using history, as well as the test results. No drugs are returned to service users. I want to emphasise this: service users do not receive drugs back from the Loop. Almost all samples are destroyed during testing and any leftover particles are disposed of by the police at regular intervals throughout the festival. I have seen the complicated bits of kits they use to ensure that absolutely no one gets their hands on something.

A police presence is welcomed in the Loop lab throughout the day. That allows the Loop to share information and intelligence onsite, which can help to spread messages about dangerous substances in circulation. For that to work, the police and local authorities such as Bristol City Council agree to a tolerance zone of non-enforcement in and around the testing venue.

[Sandy Martin (Ipswich) (Lab)]

Does my hon. Friend agree that with drugs at festivals, as with a whole range of issues, taking the attitude that we should just say no and refuse to acknowledge that there is anything we could or should do apart from that is abrogating our responsibility to keep our citizens safe?

[Thangam Debbonaire]

I thank my hon. Friend for his comment. I certainly agree that the policy of just saying no has a huge number of limitations, one of them being that it does not seem to be working. If we take the corresponding example of sexual abstinence, “just say no” was promoted as a method of keeping teenagers from getting pregnant in America for many years. That has demonstrably failed, and there are similar examples of why it does not work for drugs either.

The non-enforcement zone just around the testing venue allows service users to engage fully and productively. Drug safety testing does not assist in the supply of drugs or condone or encourage drug use; I want to reiterate that. There is no safe level of consumption of any drug, and that includes the legal ones of alcohol and tobacco. Giving information is what helps people to make safer choices.

All those who use the service are, by definition, already in possession of a substance. If the drug is not tested, the person concerned will probably consume the drug without any information at all; if it is tested, they may consume it if they have more of the same substance, but with more information about what is in it so they can make a safer choice; or they may consume a smaller dose than they would have otherwise; or they may not consume it all. In many cases, people hand in more of the same substance, along with helpful intelligence for the police and drugs agencies about it.

[Tonia Antoniazzi (Gower) (Lab)]

I am concerned about drugs on the streets of city centres. Does my hon. Friend agree that many police forces would welcome the opportunity to explore safety testing in city centres across the UK, particularly on student nights out or at weekends?

[Thangam Debbonaire]

My hon. Friend is absolutely right, and I would dearly love there to be provision for drug safety testing in the centres of Bristol, Swansea or Manchester so that people who are intending to take substances—they are going to do that anyway—can have safety information and make safer choices. As I said, such testing often takes dangerous substances out of circulation and disrupts drug dealers’ business models, which is something I am very keen on doing.

The Loop usually finds that one in 10 tested substances are not what the user thought they were—unfortunately, those drugs can turn out to include concrete, boric acid and various other unpleasant substances. One in two service users, after hearing about the strength of their sample and its dosage, state that they will take a smaller quantity of the drug in future. One in five people dispose of further substances in their possession—that is important as it takes out of circulation something dangerous that otherwise would not only have remained in circulation but would have been consumed.

[Jeff Smith]

Does my hon. Friend share my concern that although drug use in this country is relatively static, drug deaths are actually rising? That can only be attributed to an increase in the toxicity of those drugs, and we need young people to have that information. If they are going to take drugs, we need them to be aware that the drugs they take might be toxic.

[Thangam Debbonaire]

I agree with my hon. Friend. Drug use is not increasing, but drug-related deaths are—they are the highest they have ever been, according to campaigning organisations. I find it troubling that young people are taking things when they do not know what is in them, and the message “just say no” is clearly not working. We need to think again about how we keep young people safe.

I will not go into detail about the various aspects of the Misuse of Drugs Act 1971 that I would like to see changed—that is for another day. Clearly, however, some police forces, local authorities and festival organisers are finding ways to have a formal agreement and memorandum of understanding about the Loop providing drug safety information. Other authorities are not so clear, which means that people are dying—these are not just young people; some who have died at festivals of drug-related causes have been nearer my age, but such deaths are tragic at whatever age they occur.

According to data provided to me by the Loop, one in three people at clubs and festivals take illegal drugs—as my hon. Friend the Member for Gower (Tonia Antoniazzi) said, this is also about clubs and city centres. One in 20 16 to 24-year-olds have used MDMA, sometimes known as ecstasy, in the past year. MDMA makes up the majority of drugs that need testing at festivals—55% of all drugs tested at Love Saves the Day in Bristol were MDMA. However, the strength of that MDMA and the potential risks of death and serious harm are rising alarmingly. That was confirmed by Bristol City Council’s drugs lead, Jody Clark, and I thank Jody for his pioneering work, his bravery and his commitment to the safety of young people.

As has been said, drug use is not increasing yet drug-related deaths are. However, let me reiterate that at Love Save the Day, nobody died. That same month, at another festival where there was no drug safety testing, there were 15 hospital admissions due to drugs and two young people died. That has happened at other festivals as well. In a Bristol nightclub earlier this year, where there is currently no drug safety testing, there was a death from a Tesla MDMA tablet, and there have been deaths at other clubs across the country. Tesla pills are high-potency, and contain 240 mg of MDMA, compared with the current average of 120 mg. That in turn compares with the 1990s dosage, when 50 to 80 mg was the average.

Would it not be better if we could prevent that harm, and if the parents of those young people—they were mostly young people—never had to hear the words of every parent’s nightmare? Is it enough just to say “just say no”? Preaching abstinence in sexual activity as a means of preventing pregnancy demonstrably fails. Preaching abstinence in drug use is also not working, and neither is the advice that I heard a Minister give in this Chamber last July, which was that one should never take anything that cannot be bought in a high-street chemist. For a start, heroin can be prescribed, and indeed is consumed in high street chemists under certain circumstances. Other very strong, very addictive and very dangerous drugs, such as Tramadol and Fentanyl, are also prescribed in high street chemists. Therefore, just saying that what is provided and prescribed in a high street chemist is safe and everything else is not is not helpful information for young people. They can work this stuff out.

Alcohol, entirely legal, is provided in this very place, yet it is deadly for many. It is a leading cause of breast and bowel cancer—cause, not correlation—and a contributing factor to violence and depression. But at least with alcohol there is information and regulation. For consumers of illegal substances this does not exist. I believe people would prefer to know what they were consuming. Ironically, drug safety testing, such as that by the Loop, means that people intending to consume illegal drugs at festivals are given much more safety information and options for referral to treatment than those consuming the legal drug of alcohol at festivals. I would like that to be corrected as well, but that is for another day.

Drug safety testing takes dangerous substances out of circulation, reduces risk, prevents harm and makes festivals and clubs safer and nicer places to be. All drugs, legal or otherwise, have risks, but people still use them. When they know what is in a substance they are intending to take, this gives them information. Again, this applies whether they are legal or illegal. When an illegal substance is tested by trained scientists via a project like the Loop, people cannot get that sample back. Instead, they get accurate information about the drug’s content and safety.

Giving everyone clear information about the substances they intend to consume does not make it easier to take illicit substances and nor does it eliminate all risk—alcohol licensing and labelling still do not prevent all alcohol-related harms—but the Bristol experience has shown that providing information about illegal drugs can be done within our current laws. Other police forces, councils and festivals are not clear on how to do this, however, and here the Government can help. There is no need to change or review the law, just a need to provide clarity on the grey areas that some police forces find difficult and to provide formal recognition of the status quo and ensure that all relevant parties—police forces, festival organisers, local councillors and licensing bodies—know it.

Clubs could be asked to contribute to the drug safety testing in city centres that my colleagues and I wish to see. It could be a part of their licences that they should contribute to funding and work with the police, the council, public health and drug projects to help save lives and take dangerous substances out of circulation. In an ideal world, what I would like, and what I would like the Minister to consider, is that all licences for such festivals, and if possible for all clubs, are made conditional on the availability of drug safety testing, and for licence holders to work with police, public health, the night time economy, drug treatment and safety organisations to fund and ensure this. The Government need to get behind this and not stand on the side lines. Drug safety testing deserves Government clarity and support. Young people deserve clarity and support. The parents of young people deserve clarity and support.

I will conclude by asking what I hope are two simple questions of the Minister. I hope he is able to answer them today, but if not I would be very willing to meet him to discuss them further. Will he commit to supporting formal recognition that drug safety testing is a matter for local police forces, and that the current system of local memorandums of understanding between the police, the testing organisation, the event management and other stakeholders is an appropriate and adequate mechanism for service delivery? Will he issue guidance to that effect? Secondly, will he consider exploring how this model could be more widely extended, particularly to nightclubs at weekends, as my hon. Friends have mentioned, but perhaps elsewhere as well? I know that the legislation may require clarification. It is not my intention today to be prescriptive on how that might be done, but my understanding is that existing legislation is sufficient but that there needs to be clarity.

Drugs, legal or otherwise, cost lives and information helps to save lives. Why would we not provide life-saving information? I say it is time to test.

Refugee Family Reunion

Thangam Debbonaire Excerpts

Thursday 21st June 2018 Commons Chamber

[Angus Brendan MacNeil]

Yes, and the more we are aware of and we see the big tide of support for refugees, the quieter the more mean-minded voices become. I think it was the hon. Member for Liverpool, Riverside (Dame Louise Ellman) who mentioned in a previous debate that when we drill down with the public—and engage with and talk to them about refugees, and are not afraid of the arguments—we see that, despite what some in the media would like to say, the public do come on board, and that in fact they are doing that anyway. We need to catch up in our public discourse and debate with what members of the public are doing in Sheffield, in Canterbury, in charity shops in Stornoway, Orkney, Shetland, Land’s End or wherever, or in Ireland and other countries. People are doing this everywhere, and people do have an understanding of, and sympathy towards, refugees.

When I was dealing with my private Member’s Bill, it became clear to me that it gave hope to people, even when it had completed just its first stage in Parliament. That brought home to me the responsibility I had. First, I had to deliver the bad news that we were only through the first stage, because there are many stages for Bills to go through, and that it therefore might not become law. We must still wait for a money resolution. I am sure that the Home Office will be generous and make sure we do have that money resolution, but we must then get the Bill through Committee and guide it through the Lords. There are therefore other steps to take, and in addition to that—this is probably strange for Opposition Members to think about—we do need parliamentary stability, because if we have another election in the next wee while, that private Member’s Bill will be gone, which will affect refugees who are looking for hope.

[Thangam Debbonaire (Bristol West) (Lab)]

rose—

[Angus Brendan MacNeil]

Of course there are possible solutions to that, and one of them might come now.

[Thangam Debbonaire]

I thank the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) for giving way, in part because it gives me an opportunity to practise my pronunciation of his constituency.

Will the hon. Gentleman join me in redoubling efforts to encourage the Minister to commit today to urging her colleagues to bring forward that money resolution? After all, if the Government do not like the Bill, they can always vote it down at a later stage, but to block it due to the lack of a money resolution, particularly in Refugee Week, would feel very frustrating.

[Angus Brendan MacNeil]

The hon. Lady’s pronunciation of my constituency was excellent. Some Members might feel they are a bit of a refugee in this Parliament when trying to say the name of my constituency, or indeed they might think I am the refugee. Either way, the hon. Lady’s point is absolutely on the money.

I hope that the Home Office will take this point on board. I have had some discussions with Government Whips about the money resolution, and the lights so far have been going green. We have yet to move on to the Home Office itself, but that is coming, and I am hoping for further green lights.

In 2012, legal aid was taken away from refugees, but that did not happen in Scotland. Moreover, if Scotland were independent, I am sure we would be in line with other European countries, and I hope that the UK as it is at the moment ensures that child refuges have the same rights as adult refugees. That is what my private Member’s Bill tries to do. Some Members have expressed a strong concern about children being sent ahead as anchors, but that does not stack up at all, given the rights that adult refugees have anyway and the fact that that does not happen in other European countries. Anyway, who uses members of their family as bargaining chips?

--- Later in debate ---

[Thangam Debbonaire (Bristol West) (Lab)]

It truly is a pleasure to follow the hon. Member for Harborough (Neil O'Brien), who makes an excellent case for why we should improve the welcome we give refugees. I am glad he feels that way. It was good to hear about the lovely things his constituency organisations are doing to welcome refugees, and I thank him for that. I also thank the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) for bringing us this debate today, in Refugee Week, and for marking the fact that yesterday was World Refugee Day by reading out the moving and beautiful poem that was read by its author, a young refugee, so movingly in Speaker’s House yesterday.

This debate is an opportunity for us to celebrate, welcome and improve the huge contribution that refugees make to this country. My constituency has been particularly enriched by people who have made long and often arduous, dangerous journeys across continents, fleeing war, persecution and other disasters. As chair of the all-party group on refugees, I ask myself every day: what can we do in this place to improve the way this country treats refugees? I know we can do this, and I think it is part of who we are as a country to do better.

As hon. Members will know, we are living through a global migration crisis: 65 million people were forcibly displaced in 2016, through poverty, environmental disaster, war, conflict and persecution. We have moral, as well as legal, obligations to assist, but we currently take only a tiny fraction of those people. Refugee family reunion is one area where we can make a difference. Current laws and international agreements exist to help reunite separated families, but they do not go far enough and leave many refugee families separated by international borders. The Second Reading of the hon. Gentleman’s private Member’s Bill on refugee family reunion, including the right to legal aid, was really significant. The fact that a huge number of MPs turned up to a Friday sitting was a testament to the fact that not only do those MPs, from right across the House, care about refugee rights, but their constituents are also concerned. Our making that difficult decision to be here on a Friday usually has to be done with some level of informed consent, informal or otherwise, from our constituents, whose engagements we may have had to cancel.

[Angus Brendan MacNeil]

I want, again, to put on the record the fact that we had Members from five political parties coming in on Friday 16 March to support us, which was very much welcomed and appreciated.

[Thangam Debbonaire]

I thank the hon. Gentleman for that intervention. It seems to me that, as he said, this argument is cutting through: someone with confirmed refugee status should be able to live with their family. To be clear, for the record, we are talking about people who have their status settled and want to be with their family. I agree with the points that some Members make about clarifying who is who and whether or not they have a right to be here, but we do have a process and once someone has their status confirmed, they should be allowed to be reunited with their family. I will be working with the hon. Gentleman and others to capitalise on this political and public progress, and push the progress of this Bill and a separate similar Bill in the House of Lords. I look forward to hearing from the Minister, whom I know to be a very honourable woman. I have had meetings with her and was pleased to discuss these matters with her. I hope she can commit today at least to bringing forward the money resolution, so that we can get this Bill moving and at least debate this, to the satisfaction of our constituents as well as Members across the House.

It is a difficult and perhaps tense moment to mention the European Union (Withdrawal) Bill, as we have spent a lot of time on it over the past few months. Indeed, I cannot remember a time when we were not debating it, although it now looks like that period is coming to a close. As part of that Bill, I was glad the Government took on a significant part of the amendment from my friend and colleague Lord Alf Dubs, as well as that proposed by my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper). She proposed additional changes to maintain the current situation in relation to the obligations we have under our membership of the EU and the Dublin III convention. I am not going to go into detail, but I wish to acknowledge that that is a positive step, although it does not remove the need for the private Members’ Bills to make further progress, as those provisions do not contain all that those Bills contain.

I wish to echo what the hon. Member for Harborough has said about the right to work and tentatively suggest to all colleagues that they should remember that refugees come here with skills and want to work. They do not come here to claim benefits. They want to contribute. Every refugee I have ever met has said, “I want to contribute my skills.” They want to be able to work, but, except with specific permission, they are not allowed to until they have been granted asylum by the Home Office. That would be okay, except that the Home Office target to complete asylum decisions within six months is frequently missed. In my case load, for whatever reason—I am prepared to accept there may be good reasons—that target is, unfortunately, more often honoured in the breach than in the observance. It is often missed by months or even years, which means that skilled people are meanwhile left without opportunities to maintain their skills, support their families and contribute to the national and local economy. This also makes it harder for them to integrate when they are eventually given status. As the hon. Gentleman mentioned, they often face restrictions on volunteering. This makes family life harder and makes it particularly difficult for people to get towards the point where they can earn the money they need to reunite their family members and bring their families back together.

Hon. Members may or not be aware that, by contrast, Uganda allows refugees to work immediately, and provides them with land to grow food on and start-up finance to set up their own businesses, if that is what they wish to do. Other countries have also given us useful models. We should at the very least consider a principle of the right to work after six months, which would also encourage the Minister’s Department to end those delays, and the right to volunteer until they can work. I would prefer us to move towards a system where the default setting is the right to work or the right to volunteer, and ideally both. Of course, we need to discuss that and how it would work, but I would like us at least to be considering it as a principle.

There are many other things we can do to improve the way we treat refugees and reunite families, including ending indefinite immigration detention. That is not the subject of this debate, so I am not going to discuss it. We could also restore legal aid, so that refugees can be reunited with their families; prioritise free, high-quality English language teaching; and do more to create safe and legal routes to the UK, with refugee schemes such as the excellent vulnerable persons resettlement scheme. I applaud the Government’s efforts to keep that scheme going and make it is as good as it is, but I would like it to be made easier to make in-country or border applications for asylum and resettlement. Keeping people in refugee camps or on the borders at best leaves people in limbo for years and at worst creates a recruiting ground for people traffickers and people who sexually exploit women. We all want to prevent those dangerous journeys—we share that aim—but the way of preventing them is not by making it harder to claim family reunion; it is by increasing safe and legal routes.

[Andy Slaughter]

My hon. Friend is making an excellent speech, because she is talking about some of the practical steps the Government can take. Children I have visited in the Calais camps—as close as that—have the prima facie right under the Dubs amendment and Dublin III to come here but are simply not being assessed. They will therefore eventually risk their lives under trains or lorries in order to get here. Those are the sorts of issues, along with the funding of English language teaching and the right of asylum seekers to work here, that would make a practical difference and would help this country.

[Thangam Debbonaire]

I thank my hon. Friend for making those excellent points. He is absolutely right to say that there are children in Calais—other hon. Members have been to see them, too—who appear to have a relative who already has status in this country, and who should be here. Making those safe and legal routes available is very important in order to protect children and adults.

In closing, let me say that the forthcoming immigration Bill may give us scope to support amendments in many of these areas, and I hope it does, but we need to create other opportunities to improve the treatment of those looking for sanctuary in this country and to improve our welcome. I urge Members from across the House to read the report that my all-party group compiled, researched and wrote last year, “Refugees Welcome?”. One recommendation was about the right to work, but others were about the other matters I have mentioned. We can all improve the welcome that we as Members of Parliament give to our own constituents. I have been learning Arabic for the past 18 months to make myself a better MP for Syrian and other middle eastern refugees. I am smiling because it is very slow progress—painfully slow; they are learning English faster than I am learning Arabic—but the idea is to make that welcome as genuine and sincere as possible.

This is about who we are as a country. It is about how we want to be seen in the world. It is about the fact that in our increasingly, heartbreakingly divided world, differences are reinforced more than they are bridged. It is about those countries that live out their values and provide safe haven for those who flee war and persecution. Those are the countries that light up a more hopeful future for us all.