Leaving the EU: Rights of EU Citizens

Yvette Cooper Excerpts

Monday 5th November 2018 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab) (Urgent Question)]

To ask the Secretary of State for the Home Department if he will make a statement on the arrangements for EU citizens in the event of no deal being agreed in the Article 50 negotiations.

[The Minister for Immigration (Caroline Nokes)]

While we are confident about agreeing a good deal for both sides, as a responsible Government we will continue to prepare for all scenarios, including the unlikely outcome that we leave the EU without any deal in March 2019. We have reached an agreement with the EU on citizens’ rights that will protect EU citizens and their family members who are resident in the UK until the end of the planned implementation period on 31 December 2020.

We are introducing the EU settlement scheme under UK immigration law for resident EU citizens and their family members covered by the draft withdrawal agreement. That will enable those who are resident in the UK before the end of the planned implementation period to confirm their status under the settlement scheme. Anyone who already has five years’ continuous residence in the UK when they apply under the scheme will be eligible to apply for settled status. Those who have not yet reached the point of five years’ continuous residence will be eligible to be granted pre-settled status, and will be able to apply for settled status once they have reached that point.

The Prime Minister has already confirmed that, in the unlikely event of no deal, all EU citizens who are resident here by 29 March 2019 will be welcome to stay. They are part of our community and part of our country, and we welcome the contribution that they make. Last week the Prime Minister extended that commitment to citizens of Norway, Iceland and Liechtenstein, and we are close to reaching an agreement with Switzerland. We will set out further details shortly, so that those affected can have the clarity and certainty that they need.

[Yvette Cooper]

Unfortunately, the Minister did not give us the clarity that we need. Nor did she clear up the confusion from last week, which I had hoped she would do, especially at a time when there is considerable concern for EU citizens, as well as practical concerns for employers about what arrangements will apply in April, May and June next year if no deal takes place.

I welcome the Government’s commitment to respect the rights of those currently living here, who will be able to stay and work as now, but I am still none the wiser about what checks will apply to those EU citizens in the event of no deal. The Minister and the Home Office officials suggested to us that there would be additional employer checks, and also that free movement would be turned off in March. However, the Home Secretary has told the media that in fact there will be a transition period, and that there will be no additional checks for employers if there is no deal.

Will the Minister tell us whether there will be additional employer checks on EU citizens immediately after no deal—yes or no? Will she confirm that EU citizens will not have to provide anything other than a passport or an identity card in order to be able to work? Will she also tell us whether that will then apply until the completion of the roll-out of the EU settlement scheme, which is due to be completed in June 2021? If not, what on earth are EU citizens supposed to provide as proof of their right to work before June 2021 if the settlement scheme has not been completed?

The Minister and the Home Office have now said that there is no way of differentiating between EU citizens arriving here for the first time and those who have been here for many years. Will the Minister confirm that newly arriving EU citizens will also not have to provide anything other than a passport or an ID card, and that they will continue to be able to work under the same arrangements, also until June 2021?

Those are basic questions that the Home Office really should be able to answer. If the facts are not as I have put them to the Minister, she should be able to tell us what the alternative facts are, what alternative information and proof EU citizens are supposed to provide, and what alternative questions employers are supposed to ask. The clock is ticking, and there are only five months left. Surely the Home Office has a grip of those basic questions.

[Caroline Nokes]

I thank the right hon. Lady for affording me the opportunity to clarify this point. Employers will of course continue to need to check passports or ID cards—as they do now for EU citizens, and indeed for British citizens, when making a new job offer. We will not be asking employers to differentiate even if there is no deal, and the right hon. Lady will of course be conscious that we are working hard to secure a deal. The Prime Minister has been very clear, as indeed has the Brexit Secretary, that we will honour our commitment to EU citizens and their family members, and more information will be set out in due course, with a specific statement on citizens from the Brexit Secretary, who of course wishes to make clear that people are incredibly important and should not simply be reliant on a technical notice.

Oral Answers to Questions

Yvette Cooper Excerpts

Monday 29th October 2018 Commons Chamber

[Mr Wallace]

My hon. Friend’s suggestion is similar to what already happens through the regional organised crime units. We have injected £140 million in grant funding to help to establish them and to ensure that we put in place the right financial investigators in each region to tackle fraud.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Organised crime crosses borders, and the National Crime Agency relies on the European arrest warrant and databases and joint operations with Europol, all of which will fall if we leave the European Union without a deal in place in April. Given that Ireland has repealed its extradition arrangements to do with the previous 1957 convention, will there be any legal way to extradite organised criminals from Dublin if there is no deal?

[Mr Wallace]

The right hon. Lady makes an important point about what happens post Brexit. She will of course know that the negotiations with Michel Barnier are all about issues like that. I suspect that Ireland will go along with whatever the EU’s deal is to implement, and we are seeking a security treaty so that we can put in place many of these important measures.

Immigration: DNA Tests

Yvette Cooper Excerpts

1st reading: House of Commons
Thursday 25th October 2018 Commons Chamber

[Sajid Javid]

I thank my hon. Friend for his comments. He is absolutely right to point out that the immigration system is highly complex. We have seen evidence today of where it can sometimes go wrong. We should not let that take away from the fact that it successfully processes tens of thousands of applications each year, with lots of hardworking people in the Home Office doing a stellar job. When it goes wrong, however, we need to react. He is right to link this with the new immigration system, which we will introduce after we leave the EU. This is a further lesson on how we can simplify it, maintaining control while also making it fairer and more compassionate.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The contents of the Home Secretary’s statement are shocking and may have had a devastating impact on families’ lives. It would be helpful to know whether everyone affected has been contacted. I welcome the Home Secretary’s approach but, given that this comes after the Windrush crisis, he will recognise that it means that things have gone badly wrong in the Home Office. So that we can pursue the matter, will he ensure that the full Alex Allan review is sent to the Select Committee? Will the Secretary of State ensure that the review that he has rightly set up is wide enough to include the impact of Government targets, such as the net migration target, on decisions that may have been made on a casework basis?

[Sajid Javid]

I thank the right hon. Lady for her comments and for her work as Chair of the Home Affairs Committee, which rightly provides scrutiny of such issues. I hope that we have the opportunity to discuss the matter further at the Committee. As I have said, alongside the report that has already been done on this, we will be writing to the Select Committee today with further information that will be published for the whole House.

The right hon. Lady brought up the Windrush scandal, in which, as we now know, many people were wrongly treated. There is ongoing work in terms of lessons to learn from that. As I mentioned in my statement, the work that is being done independently, especially by Wendy Williams, is an important part of the wider review of structures and processes. In relation to Windrush, the right hon. Lady mentioned the Alex Allan review. The Cabinet Secretary is considering that issue, and we will shortly proceed with what we can and cannot publish on that.

Windrush

Yvette Cooper Excerpts

Tuesday 4th September 2018 Commons Chamber

[Caroline Nokes]

My hon. Friend is right to point out that many thousands of people have received their documentation. We should be pleased that that has occurred, and in the vast majority of cases it has occurred very swiftly after they have provided details to the taskforce. That is crucial, so that they can access the benefits and services to which they are entitled. The taskforce has received well in excess of 8,000 calls, but only a proportion of them will be part of the Windrush scheme, and there is very careful triaging so that people receive calls back and the correct information is identified at that time.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

We will publish today the Home Office’s response to our Select Committee’s Windrush report. The response rejects our cross-party recommendation to reinstate immigration appeals. Does not the Minister recognise that, in Windrush cases, people lost their homes, their residency and citizenship rights, their healthcare rights and their jobs because the Home Office got decisions wrong and there was no right of appeal and no independent checks and balances? Does she not recognise that, if we are to have any chance of preventing Windrush injustices from happening again, there needs to be the restoration of immigration appeal rights?

[Caroline Nokes]

I thank the right hon. Lady for her question. The Windrush taskforce and the review processes that are commencing and, indeed, will be ongoing for a considerable time show that, yes, absolutely, mistakes were made over a long period, for which this Government have apologised and continue to apologise, because we are very sorry for those to whom wrong was done. It is absolutely imperative that we learn those lessons, which is why Wendy Williams has been commissioned for the independent review, and that we make sure that we take account of the recommendations that come forward from that review and make appropriate changes.

Immigration Detention: Shaw Review

Yvette Cooper Excerpts

Tuesday 24th July 2018 Commons Chamber

[Sajid Javid]

The total number of women currently in detention in Yarl’s Wood is roughly 260, which as I said earlier is around 9% of the total of number of people currently in detention. We will be working on the pilot project with the UNHCR and possibly with a non-governmental organisation. Those organisations will lead the design of the pilot, but its aim will be, in cases in which the individual may ordinarily have gone to Yarl’s Wood, to work with them on a plan instead, with a contract to which they agree, and for them to be settled in the community and therefore kept out of detention centres.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I welcome the measures that the Home Secretary has announced today and look forward to scrutinising them in our ongoing immigration detention inquiry. I should say to him that we have heard some quite shocking evidence in that inquiry, including recognised torture victims still being locked up for many months. There is repeated evidence that the indefinite nature of detention is not only traumatising for those who are being held, but means that there is no pressure on the Home Office and immigration system to make the swift decisions that we need, so I join the shadow Home Secretary in urging him, as speedily as possible, to bring an end to indefinite detention.

[Sajid Javid]

I look forward to the Select Committee’s scrutiny. The right hon. Lady is right to point out that, sadly, some vulnerable people will have been victims of torture. Where those claims are made, they should all be properly looked at, which is why I said in my statement that I want to look again at how rule 35 works, so that when people make those claims, they are properly and thoroughly assessed and taken seriously. On time limits and detention, I hope that she welcomes what I have said about doing more work and about having a proper review. I also want to reassure her that challenges have been built into the system. For example, independent panels will challenge whether someone still needs to be detained, and there are gatekeepers when someone arrives at the detention centre. We have learned from the Windrush cases that those systems have not always worked, so there will be more lessons to learn, and I look forward to working with her on those issues.

Foreign Fighters and the Death Penalty

Yvette Cooper Excerpts

Monday 23rd July 2018 Commons Chamber

[Mr Wallace]

My right hon. Friend is absolutely right. In fact, I would not just have shot such people on the battlefield; I would have acted within the law and with the powers I was granted by Parliament and by the Government of the day, as he and I did under emergency deployment. We acted within the law, and just being a soldier on the battlefield did not exempt us from the law or human rights obligations.

I totally agree with human rights, and that is why Ministers have acted in line with our legal obligations and, indeed, taken advice in relation to the European convention on human rights. The right hon. Member for Hackney North and Stoke Newington (Ms Abbott) mentioned rendition, but no one is rendering. The UK Government fundamentally oppose rendition and will continue to do so.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The whole House would agree that those who commit barbaric crimes should be locked away for the rest of their lives, but what the Minister has said is a contradiction of the long-standing abolition of the death penalty strategy—No. 10 have reaffirmed these words today—which says:

“It is the longstanding policy of the UK to oppose the death penalty in all circumstances as a matter of principle.”

In this case, the Home Secretary seems to have unilaterally ripped up those principles on a Friday afternoon in the summer. What does the Minister think “principle” and “all circumstances” mean if somehow these circumstances are not “all circumstances”? Is he not actually saying that principles mean nothing to the UK Government any more?

[Mr Wallace]

No, I am not saying that, and my right hon. Friend the Home Secretary did not rip up anything unilaterally. My right hon. Friend followed the advice, as did other Ministers, of the OSJA—the guidance that has been in existence for very many years—which does allow Ministers to sometimes seek the ability to share evidence where there is an absence of assurances. That is what the OSJA has done, as part of the guidance for the Government, and it has been there for many years.

Oral Answers to Questions

Yvette Cooper Excerpts

Monday 16th July 2018 Commons Chamber

[Sajid Javid]

I happily join my hon. Friend in welcoming that outcome. Of course mistakes are sometimes made in an organisation as big as the Home Office, with tens of thousands of applications to deal with each year, but it is appropriate that when mistakes are made they are corrected.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Home Secretary’s letter to the Select Committee on hardship issues appears to suggest that members of the Windrush generation have been asked to sign non-disclosure agreements to get financial help before the full compensation scheme comes in. Will he confirm whether that is the case? If so, how many people have been asked to do so? Does he agree that it would be shocking if people who have been wronged by the Home Office are now being gagged by the Home Office to get the hardship support they need?

[Sajid Javid]

Let me be very clear that we are in the process of designing a compensation scheme. There has already been a call for evidence, and I will shortly be launching a consultation. Its design is going to be overseen independently by Martin Forde QC, and there will be no question with respect to the compensation scheme—no one will be asked to sign any kind of non-disclosure agreement or anything like that.

Immigration: Pausing the Hostile Environment

Yvette Cooper Excerpts

Thursday 12th July 2018 Commons Chamber

[Caroline Nokes]

It is an important point that we must provide reassurance and ensure that as many people as possible make contact with the taskforce. That is why we have been working closely with communities to make sure it is very clear that the taskforce has an attitude of helping individuals. I have been to the centre in Sheffield, and I heard people talking through individual phone calls. I listened both to the questions asked and to the very supportive responses given.

It is imperative that we focus on the numbers that have made contact. The taskforce has successfully responded to well over 8,000 calls, and more than 2,000 people have now secured their documentary status. In many cases, and we have seen some incredible stories on the news, those who have been through the process have found it helpful and have been able to provide reassurance to their family and friends. In many cases, those who have been through the process are the best advocates.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I welcome this urgent question from my right hon. Friend the Member for Tottenham (Mr Lammy), and I agree with the shadow Home Secretary on the need for a hardship fund, which the Home Affairs Committee has twice recommended because we have seen cases of people with huge debts who have been wronged by the British state and who cannot wait for the compensation scheme.

The Minister has referred to data sharing, but she did not refer to the police. Will she look again at the obligation on the police to report victims of crime? The Committee has raised serious concern that this is deterring victims of domestic violence and slavery from coming forward to report to the police, and it is allowing dangerous criminals to get away with it.

Visit of President Trump: Policing

Yvette Cooper Excerpts

Thursday 12th July 2018 Commons Chamber

[Mr Hurd]

My hon. Friend is entirely right to distinguish between the effective policing of the President’s itinerary and the policing of protests in London and other parts of the country. The police expect more than 100 protests across the country, and there are separate policing plans within one strategy. He is also right to point out that the policing of major events in London is regular business for the Metropolitan police, with significant costs attached, which we support through Home Office grants and mechanisms such as the exceptional funding grant pot that I mentioned. The cost of this operation will run into the millions.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Policing Minister will know how overstretched many parts of our police forces are now, with rising serious violent crime, increasing 999 calls, mental health cases and serious investigations such as Amesbury and Salisbury. He will also know that short-term emergency funding does not actually help to solve the problem of officers being overstretched because the police cannot recruit new officers just to cover short-term incidents. Will he tell me both what he is doing on the long-term funding of policing, and whether the agreement on short-term funds will follow the same principles as the agreement he has already made with Police Scotland or will be different?

[Mr Hurd]

I understand fully the point that the Chairman of the Home Affairs Committee is making, although I believe there needs to be room for short-term funding mechanisms to deal with crises and exceptional events, which is why the exceptional grant pot is extremely important. Any bids from police forces involved in this policing operation will be judged according to the existing criteria for that pot of money.

The right hon. Lady asked about arrangements for long-term funding. She and I have had a number of exchanges on this through the Committee and on the Floor of the House. She will know the backdrop, which is that we as a country are investing £1 billion more in our police system than we were three years ago. We have a funding settlement for 2019-20 that will come before the House for debate in November or December, and I am doing exactly what she would expect me to do in engaging with police chiefs and police and crime commissioners to get the most up-to-date view on demand and resilience and to make sure that what we bring forward in November or December is fit for purpose and attuned to the reality of modern-day policing.

Amesbury Update

Yvette Cooper Excerpts

Monday 9th July 2018 Commons Chamber

[Sajid Javid]

I thank my hon. Friend for expressing his confidence in Neil Basu, who has been leading both investigations, into the original incident and in this case. He has also excelled himself in his response to some of the terrorist attacks that, sadly, the country has seen.

My hon. Friend asks me particularly about resources. I would like to assure him on that. One of the reasons I went to speak to the chief constable locally, and have spoken to counter-terrorism police both last week and today, was to assure myself on that point. I remind my hon. Friend that as well as the more than 100 counter-terrorism police officers there locally at the moment, there is support from Wiltshire police in their work and other constabularies are also involved through a mutual aid process. When the second incident occurred, Wiltshire police requested support from military police as well, to help guard some of the sites. That military police support was on the ground within 48 hours. I believe that at this point there is enough support, but we will keep that under review, and if more support is needed, we will of course make it available.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I thank the Home Secretary for his update on the murder investigation into this vile use of a chemical weapon on British soil. I join him and the shadow Home Secretary in sending our condolences to Dawn Sturgess’s family and our thoughts to Charlie Rowley.

May I ask the Home Secretary further about how the Home Office and the counter-terrorism police are working together to ensure not only that this investigation rightly has the resources and the immense expertise that it needs—I know he is doing that—but that counter-terrorism police can continue their important work on wider threats to this country? Have the police given him any timetable for any further updates?

[Sajid Javid]

I thank the right hon. Lady for her comments. She asks a very important question. She will know that the Home Office works closely with counter-terrorism policing generally in any case, so every week I meet the head of counter-terrorism policing to get an update on the most important cases. Of course, this is one of those that will be getting a lot of attention, as is the original incident on 4 March.

The right hon. Lady will also know that resources for counter-terrorism policing were increased, and increased substantially, following the five terrorist attacks of last year. We constantly keep that under review to make sure that the resources are there, given the priority for this type of policing. In response to this incident, counter-terrorism police are drawing a lot of support from Wiltshire police and the other constabularies, and from the presence of military police, because that allows them to focus on what they specialise in. They are all working very closely together. We will keep that under review and keep working with them, and if extra support is required, we will certainly be making that available.