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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“It is still very much the case that it is the Home Office and Home Office staff in the widest sense who identify the greatest number of victims of modern slavery. Training is provided, and it is important that training is not only provided, but refreshed and is an ongoing process. My right hon. Friend the Prime Minister has made her commitment clear on this issue, and it has been a driving force in the Home Office to support her in the mission to stamp out this terrible crime, to identify the victims and to ensure that they are given the help that they need as victims.”
“The hon. Lady is simply wrong to suggest that data sharing is always bad. In fact, in many instances, data sharing between the Home Office and the police can identify people who need to be safeguarded, and it is crucial that we have systems that will enable people to be correctly identified and then referred through the appropriate mechanisms. As I said in response to an earlier question, it is still the Home Office that identifies the highest number of victims of modern slavery.”
“The Home Office is making good progress in replacing antiquated case-working systems and data platforms, much of which will be complete by March next year, but it is a complex change process and although it will provide us with modern tools to protect and utilise data effectively, it is not an instant fix and will require further investment in the coming years. The changes will also mean that we will be able to act more swiftly to update systems to provide better organisation and granularity of data once they are deployed, but it does not negate the risk that data can be easily misinterpreted and each individual’s journey through the system is different, and aggregated information does not always represent the work undertaken. None the less, we will continue to focus on individual needs.”
“I reiterate the point that detention can only be maintained where there is a realistic chance of removal within a reasonable timescale. The hon. Lady will have heard me comment earlier about auto-bail applications at two months. An individual in detention can apply for bail at any time. I urge her constituent to provide that advice to the individual concerned.”
“Lady is right that we should not be detaining children, and we have put in place steps that will prevent that from happening. Where there is an age-dispute case, the benefit of the doubt will always be afforded to the individual.”
“The UK ended the routine detention of children in immigration removal centres in 2010 and enshrined that in law under the Immigration Act 2014. It is worth noting that, in the last year of the previous Labour Government, 1,100 children were held in detention. However, in some cases, individuals without documentary evidence of their age who are detained as adults subsequently claim to be children. When that occurs, our revised interim policy states that they will be afforded the benefit of the doubt and released into the care of social services until a further assessment of their age has been made, unless their physical appearance and demeanour very strongly suggest that they are over 25 years of age. Home Office policy means that such cases may be counted as under-18s for the purposes of data collection, but the hon.”
“The right hon. Lady will have heard my previous answers about the importance of relying on published statistics that can be properly verified. Relying on information that turns out to have come from aggregated sources, which then transpire to be inaccurate, is a very dangerous route to go down.”
“The hon. Gentleman might have missed the comment that I made at the start of this urgent question. Just because somebody is a victim of modern slavery or trafficking does not mean that they have immigration status in this country. It is important that we reflect on the fact that our first port of call is to offer a voluntary return, so that somebody may go back to their country of origin and receive support there. There are reintegration packages. We must not assume that we are best placed to assist those people who have been trafficked.”
“I remind the hon. Lady that the detention estate is significantly smaller than it was when the last Labour Government left office. She is wrong to suggest that people in immigration removal centres are denied access to food and medicine. They have 24/7 access to healthcare and it is absolutely right that they must do so. We take the vulnerability of detainees incredibly seriously, which is why we commissioned Stephen Shaw to do his re-review last year and are implementing his recommendations. It is absolutely right that we have chosen to shrink the detention estate and that we are seeking to pilot schemes where individuals can be better supported in the community. We will continue down that road.”
“EU citizens are our friends, our neighbours and our colleagues, and we want them to stay. The settlement scheme is performing well. The latest published statistics show that more than 800,000 applications have been received and the majority of people are finding it easy to apply. Additional support is available to those who are vulnerable, or who do not have the appropriate access, skills or confidence to apply online.”
“A declaratory system that did not require EU citizens to obtain status and provide evidence of it would risk causing confusion, especially among the most vulnerable, and people might struggle to prove their status in years to come. There would also be a risk of confusion among employers and service providers, and the system might impede EU citizens’ access to benefits and services to which they are entitled.”
“It is not just anecdotal information that tells us that people are finding it easy and quick to apply; we know that most applications are settled within one to four working days. My right hon. Friend the Home Secretary has been tireless in pursuing the issue raised by my hon. Friend, and we are very hopeful that the app will be available on Apple devices in the autumn.”
“The EU Settlement Resolution Centre is up and running, and is incredibly well staffed. I was pleased to visit it, to see the help that it can give to individuals.”
“The right hon. Lady will be aware that the Home Office has provided up to £9 million of grant funding to 57 voluntary and community-based organisations specifically to help the vulnerable people to whom she refers. I was pleased to visit the East European Resource Centre and to have the opportunity to speak to a group of long-standing UK residents about the support available. She references the grey economy; we do not wish to see anybody working in the grey economy, but we recognise that there will be those who do. The Home Office is absolutely prepared to accept a wide range of evidence of people’s stay in the UK, including tenancy agreements or letters from health providers with whom they have been in contact. This is absolutely about working with individuals.”
“My hon. Friend is absolutely right. The scheme has been a success, and it is shocking when hon. Members talk the scheme down. It is working well. We are determined to put in place support for those who are vulnerable, as I said. Later this week, we will see the latest statistics surrounding the scheme, which will show a considerable uplift from the figure of 800,000 reported from the end of May.”
“We continue to engage with international and domestic delivery partners and stakeholders, as we work through the detailed policy and operational considerations for the new global resettlement scheme. In the meantime, we continue towards our commitment of resettling 20,000 of the most vulnerable refugees affected by the conflict in Syria.”
“The hon. Lady will know—this is an ambition that I have often voiced to her—that we have sought to bring together the vulnerable persons resettlement scheme, the vulnerable children’s resettlement scheme and the gateway protection scheme, to consolidate our refugee programmes. We continue to work closely with the United Nations High Commissioner for Refugees, and indeed with those delivering the schemes, local authorities included. As part of the ambition—this is why we have given a figure in the region of 5,000—it is important that we learn from VPRS, work through local authorities to establish the number of people they can best assist through the schemes and make sure that we do not downgrade the good commitments we have previously given on resettlement.”
“It is crucial that we get this right; that is why I was so pleased to see the uplift in funding to local authorities for unaccompanied asylum seeking children.”
“The hon. Lady is absolutely right to point out the distinction between the formal resettlement schemes referred to in the question and those young people who have made, in many instances, terrible and perilous journeys of many thousands of miles and who have travelled across the whole of Europe to get to these shores. It really is important that we work to support young asylum seekers; I am conscious that the largest numbers will be found in a small number of local authorities, particularly Croydon, Kent and Hillingdon, which work incredibly hard to support not only unaccompanied minors but those leaving the care system and those for whom we have a responsibility up to the age of 24 under the Children and Families Act 2014.”
“The hon. and learned Lady is absolutely right to point out the significant role that Scotland has played. In Jordan last summer, I was pleased to meet a family who were being resettled to East Ayrshire within a few days of my visit. It is important that we provide not only support for resettling people but the necessary integration, not least through the provision of English language teaching, which is a crucial component. She will know from previous comments I have made in this House that one of my big passions is ensuring that we assist those with refugee status into work and ensure that good schemes exist across the entire country to help them to do that.”
“The hon. and learned Lady is absolutely right to highlight the brilliant role played by community sponsorship schemes. They are absolutely the gold standard of resettlement. However, it is important that we continue to work with the UNHCR to ensure that it is the most vulnerable people who are resettled here, whether through community schemes or through the sponsorship of local authorities. It would be very wrong for us to use resettlement schemes to resettle people from safe third countries when many people across the middle east and north Africa region and across the world are in parlous situations and in real danger. They must always be our first priority.”
“The Home Office is bound by the public sector equality duty to eliminate unlawful discrimination and promote good race relations. The Equality Act 2010 provides that discrimination is not unlawful if it is required by legislation or authorised by Ministers. For example, a visa regime that applies to a particular nationality constitutes discrimination, but is lawful under the Equality Act.”
“I thank the hon. Lady for raising that specific issue. Although I cannot comment on individual cases, we do not wish to see anybody disadvantaged because of the individual requirements of travel documents from their country of origin. I would be very happy to work with her to see whether we can find a solution.”
“I reassure the hon. Gentleman that the system is not discriminating in that way and that the Home Office is obliged to consider all visa applications in light of the evidence presented by the applicant. He might be reassured to learn that, in the year ending June 2018, we saw a 2% increase in the number of visas issued to sub-Saharan African nationals compared with the same period of the previous year.”
“The Government disagree with the judgment and are appealing. The evaluation conducted during phase 1 implementation found no evidence of systemic discrimination as a result of the scheme. However, my right hon. Friend the Home Secretary has commissioned further evaluation, which will examine the potential for discrimination in right-to-rent checks.”
“I was very pleased last week to meet ministers of religion across a wide range of faiths to discuss this specific issue. I am sure Members will agree that when it comes to ministers of religion, as opposed to religious workers, it is imperative that those who are going to preach and conduct pastoral work within any religion need to have a good standard of English, which is why the Home Office is requiring them to apply for a tier 2 visa, as opposed to a tier 5 visa, which of course does not require the language check.”
“Of course, it is a requirement under legislation that the compensation scheme be for a period of two years, but we are looking closely at that. I reassure the hon. Gentleman that should there be a requirement to extend it, which would undoubtedly need primary legislation, we would be happy to consider that.”
“I thank the hon. Gentleman for that question. He will, of course, recall that elements of the compliant environment were introduced under the last Labour Government, including the controls introduced in 1999 on temporary and illegal migrant access to benefits and the Nationality, Immigration and Asylum Act 2002, which introduced controls on local authority social care. The hon. Gentleman raises an important question about the Windrush compensation scheme, and it is important that we have the scheme up and running and are receiving applications. We have, of course, undertaken to provide regular updates to the Home Affairs Committee, which will provide exactly the information that the hon. Gentleman seeks.”
“I thank the hon. Gentleman for his question on an issue that has been raised several times in the House. The Home Office is working hard to make sure that we have a solution so that not just students at Scottish universities but those in English universities who might be studying a longer course such as medicine, veterinary science or architecture are not disadvantaged. We are determined to find a solution that works for all students.”
“The hon. Gentleman will understand the distinction between deportation, which happens to foreign national offenders, and removal, which happens to those who are immigration offenders. There is a very clear difference. He will know that I cannot comment on individual cases, but it is worth stating that the Supreme Court has upheld the Government’s minimum income requirement to have dependants and spouses in this country. That is an important principle, which the Government support, because we want people to have an adequate level of income that will enable them to integrate into society.”
“My hon. Friend will be conscious that at the moment free movement still prevails, which is one of the reasons why this is still a pilot. The Government will of course carefully evaluate the outcome of what is scheduled to be a two-year pilot to understand the impact and to look at what we can do going forward.”
“Of course, detainees are also able to contact representatives by telephone. The hon. Member for Gedling (Vernon Coaker) made reference to the recent judicial review. The Home Office is always trying to build its understanding of the complex needs of victims of modern slavery and to improve the support available. That case highlights the importance of tailoring support according to the individual needs of victims. In response to it, we will embed a more needs-based approach in our services.”
“All detainees in immigration removal centres are made aware of their right to legal representation and how they can obtain such representation within 24 hours of their arrival at an IRC. The Legal Aid Agency operates free legal advice surgeries across the detention estate in England. Detainees are entitled to receive up to 30 minutes of advice regardless of financial eligibility or the merits of their case. There is no restriction on the number of surgeries a detainee may attend. If a detainee requires substantive advice on a matter that is in the scope of legal aid, full legal advice can be provided. At all IRCs, detainees who already have legal representation may receive visits from their advisers by appointment. Those visits take place in private, in designated interview rooms within sight, but not the hearing, of custody officers.”
“Although that number is correct, the statement is not, because those 507 individuals were not detained after getting a positive decision on reasonable grounds to remain. As clearly stated in the freedom of information response provided by the Home Office, that figure is for people who had a positive decision on reasonable grounds to remain when entering detention, or while in detention. Further analysis of the figures shows that of those 507 people, 479 received a positive decision on reasonable grounds during a detention period. Of those, 328 were released within two days of that decision, and in total, 422 people were released within a week. I was asked about the availability of legal assistance in immigration removal centres.”
“Member for Edmonton (Kate Osamor) mentioned the false promises that some people are sold when offered a different life in the UK, and that is one of the most horrific things. In too many cases those people are not brought to the UK for a better life; they are sold into prostitution or forced labour, and tackling that abhorrent crime has always been a priority for the Government. The hon. Member for Stoke-on-Trent Central (Gareth Snell) mentioned the report “Supported or Deported”, and as has been stated, Home Office correspondents in that report disclosed that 507 individuals who were believed to have reasonable grounds in their trafficking cases were detained under immigration powers in 2018, either before or after receiving an NRM decision.”
“One of my first visits was to Brook House, which the hon. Member for Manchester, Gorton (Afzal Khan) referred to, and my second was to Yarl’s Wood. Subsequently I have been to Campsfield House, Colnbrook and Harmondsworth, and I am conscious that our immigration removal centre estate provides a necessary service that remains part of our immigration policy. It is, however, important that when detention occurs, it takes place sparingly and in the most humane way possible. As I said, my role as Minister for Immigration involved a steep learning curve, particularly when learning about the shocking exploitation of vulnerable individuals from overseas, who are duped by the promise of a better life in the UK. The hon.”
“It is a pleasure, as always, to serve under your chairmanship, Sir Gary, and I congratulate the hon. Member for Birmingham, Yardley (Jess Phillips) on securing this important debate. I pay tribute to her tireless campaign work on the rights of women and victims of domestic violence. Many of us have heard her powerful speeches in the Chamber and Westminster Hall on several occasions, and we heard another such speech this afternoon. I thank hon. Members for their contributions to this important debate. The hon. Member for Glasgow North East (Mr Sweeney) described becoming a Member of Parliament as a steep learning curve, and I assure him and others that becoming the Minister for Immigration is also a steep learning curve. I was as struck as other Members will have been when visiting immigration removal centres.”
“Over time, changes in legislation, policy and operational procedures will reduce the number of those detained and the duration of detention before removal, in turn improving the welfare of those detained.”
“Members challenged me with the question, “What has changed?” That is a really important part of the comments I want to make and something I really wish to emphasise. We are committed to reducing the number of people in detention, to improving the welfare of those who are detained and to providing appropriate support to the most vulnerable in detention. Detention is used sparingly for securing the removal of individuals who do not have leave to remain in the UK, and people are detained for as short a time as possible. We are detaining fewer people. At the end of December 2018, there were 30% fewer individuals in detention than a year earlier, and it is likely that that figure will be lower still this year.”
“Stephen Shaw made a number of recommendations for improvements in these areas and we are working hard, in conjunction with experts and in discussion with external organisations, to make the system as effective, protective and workable as possible. It is worth remembering that the adults at risk policy replaced a policy that determined whether vulnerable people should be detained by reference to the concept of “very exceptional circumstances”. The difficulty with that approach was that nobody—caseworkers, legal representatives or detainees themselves—could interpret that in a consistent way. The adults at risk policy represents a much more coherent way of assessing the appropriateness of detention of vulnerable people and is a rational and proportionate approach. Several hon.”
“Under the policy, vulnerable people are detained, or their detention continued, only when the immigration considerations in their particular case outweigh evidence of vulnerability. Cases are reviewed regularly and also when new evidence comes to light. I appreciate that there has been criticism of the adults at risk policy. However, as Mr Shaw said in his follow-up review last year, “it would be folly to give up on the Adults at Risk policy. It is best thought of as an exercise in cultural change, and like all such programmes it will take time to reach full fruition. The focus on vulnerability that” the policy “has engendered is a genuine one”. I believe that the policy will prove its full worth as it develops further and once it and the systems around it are in full alignment.”
“Input from non-governmental organisations, the independent detention oversight bodies and medical experts will ensure that the replacement for rule 35 better supports the identification, reporting and caseworker consideration of people with vulnerabilities. In the year 1 April 2018 to 31 March this year, 2,146 individuals were the subject of a rule 35 report made by a medical practitioner. Various hon. Members mentioned the adults at risk policy. In September 2016, we implemented the adults at risk in immigration detention policy, a key part of our response to Stephen Shaw’s original review of the welfare of vulnerable people in immigration detention. The policy does not, as some have interpreted it as doing, mean an automatic exemption from immigration detention for any particular group of people.”
“There is a real need for us to continue to work with DFID to help develop livelihood options for communities at risk of trafficking in Edo state and to help local government and civil society respond to trafficking there. The hon. Member for Manchester, Gorton raised some issues with rule 35 of the detention centre rules. We are committed to ensuring that the rule 35 process operates effectively as a reporting system for removal centre doctors’ concerns about the welfare of detainees. In March this year, we launched our targeted consultation on the overhaul of the detention centre rules. The operation of rule 35 is a key element of that and is closely linked to the operation of the adults at risk policy.”
“A disproportionate number of Nigerian victims of international trafficking come from Edo state in the south-west, where long-standing trafficking networks operate. Modern slavery programming in Nigeria is a cross-Government effort, with each Department—the Home Office, the Department for International Development and the National Crime Agency—working co-operatively and focusing on areas of comparative advantage. The Home Office’s own modern slavery fund programme provides support and reintegration assistance to victims of trafficking and supports the judiciary to process trafficking. In addition, DFID funding has been directed to the International Organisation for Migration to rehabilitate victims returned from Libyan detention camps. That is a separate cohort of victims from those supported by Home Office funding.”
“The provision of 24-hour, seven-day-a-week healthcare in all immigration removal centres, including Yarl’s Wood, ensures that individuals have ready access to medical professionals and levels of primary care in line with individuals in the community. The hon. Lady also raised the specific issue of victims of trafficking from Nigeria. Last summer, or perhaps last autumn, I travelled to Nigeria and listened to harrowing accounts of people who had been trafficked. I also heard about some of the measures that the Nigerian Government were taking to address what is a very serious problem in that country. I am very conscious that there are significant numbers of Nigerians among victims of human trafficking found in detention in Libya or attempting to cross the Mediterranean.”
“I reassure her that this year—in 2019—no children have been detained at Dungavel immigration removal centre. There was one age dispute case, but the individual was found to be an adult. The hon. Member for Edmonton mentioned women in immigration detention, and we heard from several Members about Yarl’s Wood. On 6 June this year, the independent monitoring board published its Yarl’s Wood annual report for 2018. The IMB made positive comments about the continuing efforts at the centre to retain and recruit female staff and to improve healthcare provision. We have considered all the recommendations in the report and an action plan has been drawn up in response to concerns raised. We take our responsibilities towards detainees’ health and welfare very seriously.”
“To improve the decision-making process, we have set up an independent, multi-agency assurance panel of experts to review all negative conclusive grounds decisions, adding significantly to the scrutiny such cases receive. The hon. Member for Glasgow Central (Alison Thewliss) mentioned the detention of children. I wish to reassure her that the UK ended the routine detention of children in immigration removal centres in 2010 and then enshrined that in primary legislation in the Immigration Act 2014. There remain limited circumstances in which children may be detained, but that is usually in a family unit immediately prior to removal. That requires ministerial authority should a family be detained for more than 72 hours, and there is a maximum of one week.”
“It is difficult for me to comment on the application to individuals, but I will certainly come back to the hon. Gentleman with a fuller response to that point. Several comments were made about the reform of the national referral mechanism and the importance of ensuring that the NRM gets victims of modern slavery the support they need. We have made significant progress in delivering that complex reform programme, including the launch of the single competent authority, which is an expert caseworking unit responsible for all NRM decisions, regardless of an individual’s nationality or immigration status. That unit has replaced the competent authorities previously located in UK Visas and Immigration, Immigration Enforcement and the National Crime Agency.”
“The gatekeeper function remains under close scrutiny. I and the many individual monitors who look at our detention system have scrutinised and continue to scrutinise the process of detention gatekeeping. The hon. Gentleman is right to point out that if people have been through the detention gatekeeper function and still vulnerabilities have not been picked up, it is right that we continue to reinforce those processes. When it comes to numbers, before 2015 there were about 4,200 detention beds in the estate. Since then, we have rationalised and modernised the estate. We have closed Campsfield immigration removal centre and reduced occupancy levels in the other IRCs, in turn improving staff-to-detainee ratios. There are almost 40% fewer beds—about 2,600 fewer—than there were four years ago, and they are of significantly higher quality.”
“We are bringing greater transparency to immigration detention, and publishing more data, including on deaths and escapes from detention and on pregnant women in detention. I reassure hon. Members that the Government are committed to providing those being considered for immigration detention with the necessary levels of protection. We have particularly stringent safeguarding arrangements in respect of vulnerable people in the immigration system.”