Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Ninth sitting)

Debate between Tracey Crouch and Paul Blomfield

Tuesday 5th March 2019 Public Bill Committees

[Paul Blomfield]

I agree with my hon. Friend. Although that was not the reason why we conducted the inquiry, it became clear through the inquiry that there would be significant benefits in terms of the Home Office’s operation, as well as cost and compliance, which I will come to. Those benefits underlined the recommendation, which had initially been driven by common humanity and the way the system operates.

In trying to change the culture that is endemic in the system, we are trying to meet the aims of the Home Office’s own guidance, with detention used more sparingly and only as a genuine last resort. The proposed time limit is 28 days, which reflects best practice in other countries and is workable for the Home Office. Home Office guidance describes detention as being for imminent removal and defines “imminent” as four weeks—that is, 28 days. That is the recommendation of the report and the principle behind new clause 1.

Deprivation of liberty should not be a decision taken lightly or arbitrarily. Currently, decisions are taken by relatively junior Home Office officials, with no automatic judicial oversight. Without a time limit, it simply becomes too easy for people to be detained for months on end with no meaningful way of challenging continued detention.

The introduction of a time limit and the reduction in reliance on detention would be a significant change because, to detain fewer people for shorter periods, the Government would need to introduce a wider range of community-based alternatives. It was interesting to hear my hon. Friend the Member for Scunthorpe talk about Australia, which is often seen as a hard-line country on immigration. Some of the detention practices there are abhorrent, but there is wider use of community-based alternatives to detention than in the UK. I appreciate that the Home Office is running a pilot about that—as I said earlier, I met the right hon. Member for Meriden and the Minister, and we had a really useful discussion—and I am certainly convinced that it is putting genuine effort into developing community-based alternatives in a thoughtful way.

There is a precedent in the UK. When the coalition Government committed to reducing the number of children detained, they introduced a family returns process, which the House of Commons Library described as intended

“to encourage refused families to comply with instructions to depart from the UK at an earlier stage, such as by giving them more control over the circumstances of their departure.”

It worked; there was a dramatic fall in the number of children detained, and the Home Office’s own evaluation of the scheme found that most families complied with the process, with no increase in absconding.

In conclusion, I quote Nick Hardwick, who was Her Majesty’s chief inspector of prisons at the time of our inquiry. After he made an unannounced inspection of Yarl's Wood, he said that

“well-respected bodies have recently called for time limits on administrative detention…In my view, the rigorously evidenced concerns we have identified in this inspection provide strong support for these calls, and a strict time limit must now be introduced on the length of time that anyone can be administratively detained.”

In supporting new clause 1, we are not proposing to end indefinite administrative detention simply because that would be the just and humane thing to do—although, for goodness’ sake, that is a good enough reason—but because it would be less expensive, improve procedures in the Home Office and be more effective in securing compliance.

[Tracey Crouch (Chatham and Aylesford) (Con)]

I rise briefly to raise a specific issue that a constituent has brought to me, but also to recognise that the Home Office has done a significant amount of work to reduce the time people are in detention. I am sure members of the Committee are aware that 42% of detainees spend between one and 28 days in detention, which is much better than in 2017, when it was only 30%. However, the statistics show that 33% still spend one to three months in detention, and 13% still spend three to six months in detention. I have sympathy with a new clause that limits detention time, although I still need to be persuaded on the issue of excluding foreign national offenders.

From the evidence session and the questions that Tory colleagues asked, I recognise that there is a measure of sympathy on this issue. The hon. Member for Manchester, Gorton was correct when he talked about the impact on mental health, and there are colleagues who recognise that detention has a damaging impact on people’s mental health. Whether there is indefinite detention or a specific time limit is something that still needs to be discussed, although I am aware that in the public health, counter-terrorism and criminal justice systems, where individuals face the possibility of detention without charge, 28 days or lower is considered sufficient time. There is further debate needed as to whether it has to be 28 days, or whether it could be 30 or 40 days. That is an issue we still need to consider carefully.

My constituent Dane Buckley is the support services co-ordinator for the UK Lesbian & Gay Immigration Group and specifically wanted me to raise the issue of detention of lesbian, gay, bisexual, transgender, queer, intersex + people. I am sure that the Minister is aware that in 2016 UKLGIG and Stonewall published research, called “No Safe Refuge”, on the experiences of LGBTQI+ people seeking asylum while in detention. The report highlights the systemic discrimination, abuse and harassment that they face from staff and people who have been detained. It contains shocking examples of acts committed by fellow detainees and staff, and incidents where staff have failed to protect individuals.

In June 2016 the UN special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, alongside the chair of the UN Committee against Torture and the chair of the board of trustees of the UN voluntary fund for victims of torture, called on member states to redouble their efforts to prevent ill treatment or torture of LGBTQI+ people in places of detention. The ninth annual report of the sub-committee on prevention of torture and other cruel, inhuman or degrading treatment or punishment raised similar concerns, stating that LGBTQI+ people were

“at the bottom of the hierarchy”

in detention. I think we are all acutely conscious of the vulnerability of LGB asylum seekers in detention, and recent court cases have asserted that.

My constituent suggests that detention has a direct impact on the prospects of LGBTQI+ people to claim asylum successfully. To convince the Home Office or a tribunal that they are LGBTQI+ as claimed, asylum seekers must be in a situation of trust and security, in which to consider and discuss their sexual orientation or gender identity. That can be extremely difficult if someone comes from a country where persecution has meant they have never spoken about their sexual orientation or gender identity, or if they have experienced trauma. It can be an impossible task in detention, where fear of discrimination or harassment requires them to conceal their identity as much as possible. In obtaining a legal aid lawyer, people are limited to the specific contractors for each detention centre. With the greatest respect, those advisers do not necessarily have the specialist knowledge required for asylum claims based on sexual orientation or gender identity.

Added to that is the difficulty in amassing the kind of corroborating evidence that decision makers routinely expect when someone is in detention, especially if the person is trying to avoid being outed to staff and other detainees. Home Office caseworkers and decision makers frequently ask, or indeed expect, LGBTQI+ asylum seekers to offer witnesses, including ex-lovers, who will attest to knowledge that the asylum seeker is LGBTQI+ as claimed. Clearly that can be incredibly difficult if the person does not live openly in their home country because of the fear of persecution. An additional issue is the fact that the Government do not keep statistics on the number of LGBTQI+ people who are detained. Perhaps the Minister could address that.

I wanted to raise that particularly sensitive issue of sexual or gender orientation of people in detention on behalf of my constituent and to offer sympathetic support to the idea of making sure there is a time limit on detention, for the mental health and wellbeing of those detained. Whether that is 28 days is a matter that still needs to be bolted down, but I do not personally support including foreign national offenders in that; we still need to consider that further.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill (First sitting)

Debate between Tracey Crouch and Paul Blomfield

Committee Debate: 1st sitting: House of Commons
Tuesday 12th February 2019 Public Bill Committees

[Tracey Crouch]

Q Professor Manning?

Professor Manning: The Bill does not have any details on exactly what the future system will be. The White Paper talks about a consultation as well, and there is still quite a lot of detail to be filled in. There is still considerable uncertainty about exactly what that future system would be.

[Paul Blomfield]

Q I wonder whether I can go back to your earlier points about the historic nature of the Bill, Professor Ryan. You commented that citizens of Commonwealth origin still draw their rights from the 1971 Act. Do you think that the Bill adequately defines the rights that those acquiring settled status will have?

Professor Ryan: It does not, because it does not really attempt to do that. In a sense, that is the gap that I am identifying. In relation to EU rights, the Bill provides for switching off, but it does not provide anything about prior residents or people who are already exercising rights. There is nothing said about that in the Bill. We do not know the exact intentions on how transition arrangements would be operated, for example, under the powers in the Bill. Nothing has been said so far to indicate that the Bill is going to provide protection to anyone who is here already.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Second sitting)

Debate between Tracey Crouch and Paul Blomfield

Committee Debate: 2nd sitting: House of Commons
Tuesday 12th February 2019 Public Bill Committees

[Tracey Crouch]

Q That would be enormously helpful. I have a very quick question for Universities UK. The Home Secretary said explicitly on Second Reading that there would be no cap on student numbers. Did that provide you with the reassurance you were looking for in terms of students?

Vivienne Stern: Up to a point. Ministers have been saying for many years that there is no cap on the number of students who can come to the UK under a tier 4 visa. That is not actually the problem. The things that have been standing in our way are features of the visa system that, frankly, make us uncompetitive compared with some of the other major destinations that international students choose to study in. A visa system that, for example, restricts the opportunity for international graduates to stay and work in the UK for a little bit post-graduation is, frankly, not that appealing when you compare it with the opportunities offered by Australia, Canada and the US.

There are other things the Government could do to make the system more welcoming. There have been some really quite positive signals in what Ministers have said recently about a willingness to look at the compliance system. We hear from prospective international students that they are put off by a feeling that the immigration system treats them with suspicion from the start, so we should look at things like credibility interviews and how they operate, decision making by entry clearance officers, and some of the compliance requirements on institutions, which require them to interact with international students in a way that can be rather off-putting.

All those things should be looked at, if for no other reason than that there are huge opportunities for the UK as one of the most popular destinations for international students. We are in a hugely privileged position, and at this particular moment in our national history we have the opportunity to open our doors to people at a very early stage in the development of their professional lives, to establish strong bonds and, in many cases, to leave a lasting legacy of affection for the UK. We could do with more of that, not less.

Education is also a hugely important source of export earnings for the UK. Although international students have value far beyond their financial or economic value to the UK, it is not trivial that this is an increasingly important export sector. The Government’s figures point to quite significant growth in our export earnings from education, which are now around £19 billion a year. We should be pursuing that opportunity, rather than tripping over our own feet. The new international education strategy announced in January is a great opportunity for the Government to get their policy aligned with their international ambitions. The visa system has to be part of that. There are some modest steps in the right direction, including in the White Paper, but we really think the Government should go a bit further than that.

[Paul Blomfield (Sheffield Central) (Lab)]

Q On that theme, I think I am right in saying there are around 450,000 international students in the UK. What proportion of those are from the EU?

Vivienne Stern: There are 442,000 students from all around the world, and just less than a third of those are from the EU. As a proportion of our total student population, that is around 6%. It is a source of significant concern that that enormous pool of talent will find it a bit more difficult to come to the UK after our departure from the European Union.

BBC (Proposed Cuts)

Debate between Tracey Crouch and Paul Blomfield

Thursday 1st December 2011 Commons Chamber

[Paul Blomfield (Sheffield Central) (Lab)]

In joining colleagues to make the case for local radio, I want to focus on three points. First, the cuts being made to local radio are unfair and disproportionate. Secondly, they will have not only an immediate impact on service but a long-term effect that could threaten the very future of local radio. Thirdly, echoing a comment by the hon. Member for The Wrekin (Mark Pritchard), these decisions are being made by a London-based management who appear not to understand the nature of their service or listeners outside the capital.

I want to illustrate these points with reference to Radio Sheffield, which is a successful station that broadcasts from the heart of my constituency and throughout south Yorkshire and which is listened to by 244,000 people every week. That equates to a remarkable 19% penetration of its potential market. On average, those people listen to Radio Sheffield for eight hours every week. I have to declare an interest as a regular listener of Radio Sheffield too. I shall declare another interest: I also listen regularly to Radio 4. I recognise, however, that Radio 4 has a significantly smaller audience across the country than the 7.5 million people who listen to local radio.

[Tracey Crouch]

Does the hon. Gentleman agree that one reason people are so loyal to their local radio stations is the variety they provide: there is the heavy speech content in the morning, followed by a variety of music, plugs for local events and so on in the lunch-time and afternoon shows, followed by the interesting speech content mix in the drive-time shows. That variety means loyal listeners.

[Paul Blomfield]

I agree with the hon. Lady about the variety and local roots of those different strands of the local radio offer.

It is important not only to consider the aggregate total of people who listen to local radio but to take note that one third—2.5 million people—of those people do not listen to any other BBC station and that, as the right hon. Member for Bath (Mr Foster) pointed out, almost one fifth listen to no other radio station at all. Yet while the Radio 4 budget is being protected, local radio across Yorkshire is facing cuts of about 18%. What does that mean for Radio Sheffield? The current 16 hours a day of local content will be almost halved, to nine hours. From broadcasting local content every weekday from 5 am to 10 pm, we will have two local slots, one in the morning and one in the early evening. The afternoon will be filled with regional programming—joint shows with Radio York and Radio Leeds—and from 7 pm, evening local radio will effectively become, as was pointed our earlier, “Radio England”, which is complete nonsense when it comes to local radio. The loss of medium wave will bring an end to language programmes for ethnic minority communities, which are highly valued and attract a significant local listenership. We are also facing shared sports commentary, an issue to which I want to return in a moment.