Caroline Nokes
MP for Romsey and Southampton North · Conservative · United Kingdom
“I thank the right hon. Gentleman for his point of order. He will be conscious that there are in the region of 15 more Members wishing to speak in this debate, and we have not yet heard from the Minister, so I am not minded to accept a closure motion at this point.”
“(3) For paragraph (3A) substitute— “(3A) The returning officer shall also provide each polling station with such equipment as is necessary to ensure that relevant persons are able to vote independently and in secret, including— (a) tactile equipment that enables the voter to navigate the ballot paper and accurately mark their chosen candi…”
“(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 50 metres of such station, for the purpose of promoting the interest of a political pa…”
“New clause 97— Power of Electoral Commission to require disclosure from financial institutions — “In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of Commission), after paragraph 1 insert— “Power to require disclosure from financial institutions 1A(1) The Commission may give a disclosure n…”
“() In paragraph 6 of schedule 6 (Donations from impermissible donors), after “section 54(1)(a)” insert— “or section 55B.” (8) In Schedule 20, in Table after Section 56(3) or (4) (failure to return donations) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year” Insert— Section 55A(8) (cap on donations) On sum…”
“(2) The specified elections for the purposes of subsection (1) are— (a) UK parliamentary elections, and (b) local government elections in England and Wales.”
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“The consensus is that this performance is a breach of contract between company and traveller, and there is a suspicion that the Government have been duped by a provider promising what it simply cannot deliver. SWR won the contract pledging more seats and services and it has produced neither. The 442 shambles has meant there are now fewer seats and services. The promised new rolling stock has not yet arrived. It was promised by the end of this year. That clock is ticking and passengers are watching closely. Peak-time payers suspect they have been sacrificed on the altar of winning a contract and left with the old SWT trains, where the promised refurbs seem to have come to a grinding halt. It is far too simplistic to say we should renationalise—that is not the issue.”
“Ian Dickerson of Romsey assured me that his preferred route from Romsey to Waterloo was to drive to Sunbury and then join the rail network on the Kingston loop to Waterloo, thus saving over £50 a week in tickets and parking costs, but undoubtedly adding to emissions on our road network. It is simply not a green solution. One of the recurrent themes from constituents has been that SWR’s predecessor, South West Trains, had its moments, as they put it, but most of the time ran a robust, if no frills, service. If anyone in 21st century Britain regards functioning wi-fi as a frill, let me tell them that SWR has not even managed that. The passengers I sat across from yesterday commented in amazement that the wi-fi was working for once—right up until the point it wasn’t.”
“My hon. Friend makes a valid point. As my constituents pass through places such as Wimbledon, they see that no one is able to get on those trains. As one constituent put it to me, the only change he has noticed in SWR’s service is a further deterioration, from a very low base: short formations, broken trains and stations being skipped, and delays continue unabated. As he correctly points out, if SWR publishes a revised timetable the evening before the service is reduced, there is no recourse to Delay Repay unless the service deviates from the newly published timetable. He describes it as a consumer rights void that he would like the Minister to address. I would like to ask about the way transport strategy is joined up.”
“I thank my right hon. Friend for her comments. She says that high fares are acceptable only if there is a reasonable service. I received two comments from Guildford constituents on Twitter when they heard that this debate was occurring. One of them, Philippa, tells me that 2% of her trains this year have been both on time and in the correct formation. Scott, who travels into Waterloo, says that he has had one train on time in two months, over seven hours of delays, and four out of the last six trains cancelled. Does my right hon. Friend agree that her constituents are simply not getting a reasonable service for the price that they pay?”
“I welcome the fact that the tracker is being shared with the Department, but does my hon. Friend have any plans to share it more widely with Members of Parliament from across the south-west who are hearing the same levels of frustration in their postbag?”
“The Minister has referred a number of times to things being done as fast as possible and the new fleet being introduced as soon as it can be. Can he give any indication of a timescale?”
“I think it is important to take the opportunity to press the Minister when I can. He makes the point that wi-fi is fitted—it is, but it simply does not work. It is complicated to log on to and it drops out frequently. Will he use all power to his elbow when discussing this with SWR? We know it is there, but make it better.”
“I fear I might be repetitive because last night I asked my right hon. Friend the Prime Minister whether it was not just about language but about tone. I commend my hon. Friend the Minister for his tone today, but how would he suggest that I should respond to those in the beautiful marketplace of Romsey who three Saturdays ago told me I was a traitor who deserved to be shot, when the language of “traitor” is heard in this House?”
“What matters in this place is not just language, but tone. Earlier my right hon. Friend the Prime Minister spoke of political cowardice; I wish to speak to him of political bravery. Politics is the art of the possible. I genuinely believe it is possible for him to get a new deal; further, I believe it is possible for it to pass this House. But it would be politically brave not simply to reach across the House, but to put his arms around the House.”
“Access to food also requires access to labour to plant, care for and pick it. Over the last year, I have had many representations from farmers in my constituency and from the National Farmers Union. What representations is my right hon. Friend making to Cabinet colleagues advocating a points-based system to make sure that that has sufficient flex so that there is access to labour not just seasonally, but all year round?”
“It is right that we show concern for those who have chosen to study or make a life in this country, but we cannot allow our concern to undermine the action we must take to tackle what was a widespread criminal fraud. We will keep the House fully informed as our response to this issue develops.”
“He announced that the Department would change existing guidance to ensure that the belief that a deception had taken place was balanced against other factors, which would normally lead to leave being granted, especially where children are involved. Furthermore, we will ensure that no further action is taken in cases where there is no evidence that an ETS certificate was used in an immigration application. We will also drop the automatic requirement to interview those linked to a questionable certificate. We continue to look at other options, including whether there is a need for those who feel they have been wronged to be able to ask for their case to be reviewed.”
“The National Audit Office found that as many as 50,000 people may have fraudulently entered the UK to work using the tier 4 student route in 2009-10 alone. Following the revelations, the Home Office took prompt action against some of those who were found to have cheated, and that action was endorsed by the courts. Those whose results were questionable were offered the chance to resit the test. Despite this, there are understandable concerns that some people who did not cheat might have been caught up, and that some have found it hard to challenge the accusations against them. So earlier this year my right hon. Friend the Home Secretary commissioned advice from officials. Yesterday he lodged a written ministerial statement updating the House on our next steps.”
“Five years ago, “Panorama” uncovered the shocking scale of fraud within the English language testing system. ETS, the company that ran the centres, analysed all the tests taken in the UK between 2011 and 2014—more than 58,000 in all. It identified more than 33,000 invalid results where, in its view, there was direct evidence that somebody had cheated, and a further 22,000 were considered questionable because of irregularities. This fraud was serious and systematic, and 25 people who were involved have been convicted and sentenced to more than 70 years in prison. Further criminal investigations are ongoing, with a further 14 due in court next month. These crimes did not happen in isolation. The student visa system we inherited in 2010 was wide open to abuse.”
“Gentleman has requested at this time, but I reassure him that I am conscious that we have a new Prime Minister and, should I remain in this post, I will seek to raise the TOEIC issue with him as a matter of urgency, because it is important that we work as a Government to ensure that we find a mechanism for redress for the few cases in which a wrong decision may have been made.”
“I commend the right hon. Gentleman for his diligence in pursuing this issue. He certainly brought it to my attention very early on in my tenure as Immigration Minister. It is important to reflect on the fact that the courts have said, in separate cases, that the evidence was enough to take the action that we did and that people had cheated for a variety of reasons. My right hon. Friend the Home Secretary did indeed publish a written ministerial statement yesterday, which gave an indication of the changes so far, but it is important that we continue to work on the issue and find a mechanism to allow people, where necessary, to have some form of review. Unfortunately, I cannot set things out in the detail that the right hon.”
“He spoke of “a very small number, judging by the cases that have gone through the courts or come to the Home Office since 2014. Nevertheless, even if it is one individual who has been wronged, it is our duty to make sure that we are doing more to help.” It is our duty, and that is absolutely what my right hon. Friend the Home Secretary intends to do.”
“I thank the hon. Gentleman for his questions, but I point out to him that, far from this being a shameful scandal, what is shameful is that this was cheating on an industrial scale. The latest National Audit Office report confirmed that abuse of the system was widespread, and the 2012 NAO report indicated that “abuse was rife”. Of course, the Home Office also not only sought compensation from ETS, but received it. It is therefore absolutely imperative that we emphasise that this was criminal activity and that people have been imprisoned. As I said earlier, 14 more individuals are facing court action as a result. The hon. Gentleman will be well aware of the responses that my right hon. Friend the Home Secretary recently gave to the Home Affairs Select Committee, and I want to emphasise his precise words.”
“Gentleman referred to some of the subsequent court cases, and evidence of an article 8 claim of a right to respect for family or private life led the courts to take a balanced decision in many cases that it was right that individuals should be allowed to stay, and that is absolutely what we are saying in the review of the guidance. We want to ensure that the Home Office, which I absolutely believe is the appropriate place for these decisions to be made, is making sensible decisions that properly balance any belief that deception was practiced against the wider circumstances. Where the circumstances are particularly compelling, perhaps when children are involved, it is important that we look to see what more the Home Office can do to help people put their claims forward.”
“I thank the hon. Gentleman for his questions. I remind him that in 2014, before his time in this House, it was Parliament that insisted that the Home Office took urgent action to address what had been revealed as widespread cheating. It is important to find a mechanism that provides redress for those who may have been wrongly caught up in this. However, the independent expert, Professor French, indicated when he studied the matter that the likelihood of a false match from the voice checks was likely to be less than 1%. The hon.”
“I thank the hon. Gentleman—I think—for his kind words in saying that he hoped I would be reappointed. However, I reiterate that the allegations were not unsafe and that our approach to taking action on students has been endorsed by the courts, which have consistently found that the Home Office’s evidence was enough to prompt the action that was taken at the time. I emphasise that my right hon. Friend the Home Secretary published a written ministerial statement yesterday and made it clear in his appearance before the Home Affairs Committee that he is determined to find solutions going forward that are practical for those involved and provide people with the opportunity to explain, potentially through article 8, how they can substantiate their claim to life in the UK.”
“However, it is quite wrong to suggest that this is something to do with the hostile environment; this was to do with crime.”
“The hon. Lady was not here in 2014 and perhaps does not remember the pressure from Parliament to address this systematic cheating. I remind her that there have been criminal convictions, with sentences amounting to over 70 years and with more criminal trials to come. It is important to remember that this was a criminal operation on an industrial scale— [ Interruption. ] The hon. Lady may chunter at me from a sedentary position, but she must remember the criminal facts behind this. However, as my right hon. Friend the Home Secretary has indicated, we have recognised that some people may have innocently been caught up in it. As he said, it is our duty to make sure there is a redress mechanism for those for whom those circumstances prevailed.”
“The hon. Lady will know that when it comes to court hearings, judges will decide whether people have a valid claim to remain in the UK. We continue to look at all the options, including whether there is a need for those who feel they have been wronged to be able to ask for their case to be reviewed. As I have said, my right hon. Friend the Home Secretary intends to make further announcements in due course. However, it is right to reflect on the fact that this is a complicated issue, and it is right that we take time to make sure we get it right— [ Interruption. ] The hon. Lady may chunter at me from a sedentary position, but it is important that we make the right decisions and do not just give blanket promises that we will allow people to stay and will pay their costs, when it may be the case that they have cheated.”
“Given that this cheating was exposed in 2014, it is absolutely evident that people’s circumstances will have changed; they may well have established families in this country, and those children will have a right to an education here. We must put the priority of the families first. It is right that we should seek a mechanism to support people through an article 8 claim so that they can stay, when there are grounds for them to do so.”
“The hon. Gentleman will be aware that this evidence of cheating came to light in 2014, and evidence of people’s ability to speak English now may have no relation to their ability to speak English back then, given that we are five years on. However, I absolutely refute his accusation that we are no further forward. The written ministerial statement yesterday made it absolutely clear that the Home Secretary has asked officials to review Home Office guidance. The reviewing of that guidance relates to article 8 human rights claims to ensure that we make sensible decisions that are properly balanced in terms of any belief that deception was practised and of the individual’s wider circumstances. Where there are particularly compelling circumstances, we will also look at whether there is more we can do to help people put forward their claim.”
“However, the independent expert found that the likelihood of false matches was very small indeed and likely to be less than 1%.”
“It is worth reflecting on the fact that many of those caught up in this attended a very small selection of colleges, which have subsequently been shut down. There were very close links between colleges being found to be operating outside their licences and these accusations of cheating. However, I must reflect on the fact that there were over 30,000 cases where there was absolute evidence that people had cheated. There were also 22,000 cases where there were questionable results. All those people were given the opportunity to resit a test. However, it is important to reflect on what my right hon. Friend the Home Secretary said in his statement yesterday: we are looking at the other issues and particularly at whether we can give people who maintain their innocence another opportunity to challenge the finding of deception.”
“As I have said, those with questionable tests were given the chance to resit the test at the time. We are clearly stating that the route via an article 8 claim to a family life is one that we wish to enable people to pursue, and they should make another claim. Obviously, I cannot stand here and comment on individual cases, but we are giving people the opportunity to make an article 8 claim, and I hope that that provides a mechanism going forward.”
“I remind the hon. Lady of the numbers: 33,663 UK tests were invalid and a further 22,476 were questionable, so we are talking about 55,000 tests. The independent expert who carried out the review found that the likelihood of false matches was less than 1%. As my right hon. Friend the Home Secretary said, where individuals have wrongly been accused of cheating, it is important that they be allowed to find a means of redress, but it is absolutely not the case that this is part of a hostile environment. These numbers are part of systematic criminal fraud.”
“The hon. Gentleman will know that my right hon. Friend the Home Secretary did not “tuck away” 306 words in a written ministerial statement; it was published yesterday. My right hon. Friend said that he would update the House before recess, and he has. He has also been very clear that we want to go further. That is absolutely a priority for me and my right hon. Friend, or indeed whoever our successors may be. We will take this up as a matter of urgency with the new Prime Minister.”
“I am grateful to the Joint Committee on Human Rights for its scrutiny of the order and its careful consideration of this hugely complex and sensitive issue. The remedial order process to correct incompatibilities in primary legislation with the European convention on human rights is rarely used. It is therefore right that each order is scrutinised carefully to ensure compliance with the procedure laid down in the Human Rights Act 1998, and to ensure that the incompatibilities found by the courts are addressed. The Government welcome the Committee’s recommendation that Parliament approve the order. It remains our position that some of the issues raised by the Committee go beyond the incompatibility rulings and are therefore outwith the scope of the order. I commend this order to the House.”
“The draft order was first laid in Parliament in March 2018. Once the law has been changed, those who seek to register as British citizens and who were born to an unmarried British father before July 2006, or to a British mother before 1983, will no longer need to demonstrate that they are of good character where it would be discriminatory to require them to do so. In two separate cases, the courts declared the good character requirement to be unlawful and made a declaration of incompatibility with the European convention on human rights. This legislation will correct incompatibilities identified by the domestic courts by removing the good character requirement for those applying for British citizenship via certain routes on the basis of historical discrimination.”
“I beg to move, That the draft British Nationality Act 1981 (Remedial) Order 2019, which was laid before this House on 2 May, be approved. In this day and age, I think we can all agree that the law should not discriminate against people simply because their parents were not married when they were born, and that we should not discriminate against people just because it was their mother who was British, not their father. The draft British Nationality Act 1981 (Remedial) Order 2019 is designed to remove discriminatory provisions in the British Nationality Act 1981 for those applying for British citizenship under specific routes introduced to address historical discrimination against those whose parents were not married, or against those whose mother was British, as opposed to their father.”
“This is a requirement for British citizenship as set out in the 1981 Act. It applies to those seeking to register as British who are aged 10 years and over at the time of application. That is because 10 is the age of criminal responsibility in England and Wales. Children as young as 10 can and do commit very serious acts of criminality, sad though that is and undoubtedly tragic for their victims. It cannot be right that such offences are disregarded when assessing a child’s suitability for citizenship.”
“In its first report on the remedial order, the Joint Committee on Human Rights recommended that those who had citizenship applications previously refused, because of the discriminatory provisions in the British Nationality Act 1981, which this order seeks to remedy, should not have to pay the application fee for a repeat application. I am pleased to say that I have written to the right hon. and learned Member for Camberwell and Peckham (Ms Harman), the Chair of the Committee, confirming that I plan to amend the fees regulation at the next opportunity to waive the application fee for this particular cohort. Turning to the points raised by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), he commented on children having to meet the good character test.”
“I am grateful for the considered debate today and the interest that Opposition Members have shown in this remedial order. As I said earlier, the scope of the remedial order is to make changes to nationality legislation and it is therefore narrow. It is limited to addressing the specific incompatibilities that have been identified by the courts. The Government will monitor any remaining potentially unlawful discriminatory aspects of nationality legislation, a point picked up on by the hon. Member for Manchester, Gorton (Afzal Khan), and will consult as appropriate if it becomes apparent that further changes are necessary. The Government are committed to ensuring that those individuals affected by the order do not face further discrimination.”
“We recognise the difficulties that the British Nationality Act still presents for some British overseas territories citizens, who may wish to pass on their citizenship to their children and are considering how best to address those concerns, taking into account the opportunities for doing so. I commend the order to the House. Question put and agreed to.”
“The JCHR expressed concerns that the discriminatory provisions that this remedial order seeks to remedy will still apply to British overseas territories citizens. Regrettably, this is true. When changes to nationality legislation were made, they were introduced at a very late stage in the parliamentary process and there was no time to consult fully with the territories about introducing similar provisions for British overseas territories citizens’ status. It would not have been right to introduce legislation that would affect the territories, and potentially the status of those living there, without consultation.”
“I was just moving on to that particular point. The Government do not believe that the good character requirement for children is at odds with it the statutory obligation in section 55 of the Borders, Citizenship and Immigration Act 2009, but I want to make it very clear that having a criminal conviction does not necessarily mean an application for citizenship is automatically refused, particularly in the case of minor offences attracting an out-of-court disposal, for example, as the hon. Gentleman mentioned, a youth caution. Each case is considered on its individual merits and guidance for caseworkers makes it clear where discretion can be exercised. On British overseas territories, we are very proud of our heritage in Britain and this pride extends to many people around the world who identify as British.”
“The Home Secretary made clear his commitment to going further and faster with reforms to immigration detention, including by reducing the number of people we detain, increasing the number of voluntary returns and working with partners on alternatives to detention. We have made real progress in delivering these commitments. A number of women who would otherwise have been detained are now being managed in the community. Other pilots will begin later this year. As we approach the first anniversary of Stephen Shaw’s second independent review of immigration detention, it is important to take stock of how far we have come, while acknowledging that there is much more to do to ensure that our approach to immigration detention is fair and humane.”
“There may be victims of modern slavery who have no lawful basis to remain and for whom support is available to leave the UK voluntarily. It is important that we recognise the important role of our immigration policies. Although we are committed to supporting individuals to leave voluntarily, including with reintegration support, there may be occasions when they have exhausted all options and are refusing to leave, and we are faced with the difficult decision of detaining people to secure their return. I want to reassure the House that we do not take these decisions lightly, but it may be necessary to detain individuals, even if they are vulnerable, to effect their removal. When that is the case, we seek to keep the period of detention as short as possible and place their welfare and safeguarding at the heart of what we do.”
“Modern slavery is an abhorrent crime, and the Government are determined to stamp it out. In my role as Immigration Minister, I am especially aware of the shocking exploitation of vulnerable individuals from overseas who are duped by the promise of a better life in the UK, only to be trafficked and sold into modern slavery. Identifying and protecting victims of such crimes is a priority. In October 2017, we announced an ambitious package of reforms to the national referral mechanism. As well as improving the support on offer, these reforms are intended to provide quicker and more certain decision making, in which victims can have confidence. I must make it clear, however, that being recognised as a victim of modern slavery does not automatically result in being granted immigration status in the UK.”
“Further analysis of the figures shows that, of the 507 people in question, 479 received the positive reasonable grounds decision during a detention period—and of those, 328, or 68%, were released within two days of the decision and in total 422 were released within a week. Of the 57 detained for eight days or more following a positive reasonable grounds decision, 81% were foreign national offenders.”
“CID will show only those individuals who have been referred into the NRM from immigration teams and would not cover those referred to the NRM from other first responders, such as the police, social services or, potentially, medical practitioners. The right hon. Lady asks specifically about the 507 individuals referred to in the After Exploitation report. I want to be very clear on this point: those were not 507 individuals detained after getting a positive reasonable grounds. As stated very clearly in the freedom of information response, the figure relates to people who had a positive reasonable grounds when entering detention or while in detention.”
“I reassure the right hon. Lady that I certainly was not misleading the House: there is no central record of those who have received a positive, conclusive grounds decision and are detained under immigration powers. While that information may be obtainable from the live Home Office case information database, otherwise referred to as CID, the information would be for internal management only. For example, some data may be incomplete and freedom of information requests are heavily caveated as such. Releases of data from CID are always caveated and sometimes it is possible the data is not always accurate; there may be instances where individuals are counted twice. It is standard practice in parliamentary questions that we do not provide information that does not form part of published statistics.”
“Individuals in immigration detention are entitled to a free legal advice surgery of 30 minutes within the first 24 hours of their detention and to have as many of those surgeries thereafter. As part of the Shaw re-review of last year, we piloted automatic bail referrals after two months instead of four months, as previously. I must correct my right hon. Friend: it is not lawful to detain individuals indefinitely. They may be detained only when there are realistic grounds for removal within a reasonable timescale.”
“The Government are committed to ensuring that the rule 35 process operates effectively. In March this year, we launched our targeted consultation on the overhaul of the detention centre rules within which the operation of rule 35 is a key element; of course it is closely linked into the operation of the “adults at risk” policy. We continue to keep the detention gatekeeper function under close review, but I certainly think that it has shown an improvement on the situation before its introduction.”
“As my hon. Friend will know, it is through the national referral mechanism that potential victims of modern slavery will be referred, and then support will be available to them. She is absolutely right to point out that many victims of modern slavery are young and many are women. I am sure that she will be pleased with our introduction of the pilot scheme currently operating in Newcastle; we have released women, who would otherwise be detained at Yarl’s Wood, to be supported in the community. I am very much looking forward to the possibility of introducing further pilots later this year. They will include not just women but men.”
“The right hon. Gentleman will know that, at any one time, 95% of those liable to detention are actually in the community and not in immigration removal centres at all. It is important to emphasise that a freedom of information request will elicit different data to that which is available in parliamentary questions. I reiterate the point that no central record is held and that the information from the FOI has been collated from a variety of sources and may well give an inaccurate picture. If there is one thing that one learns as a Home Office Minister it is to be very wary of numbers at all times and not to seek to give numbers that may be inaccurate.”