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.”
The complete record
Every one of 5,486 lines we hold for Caroline Nokes, in date order, each linked to its source. Free to read, in full, without an account. Page 78 of 110.
“It is a broad definition, which limits the ability of the Home Office and of immigration removal centre health services to focus resources on the most vulnerable. The Home Office therefore introduced the UNCAT definition of torture into the adults at risk policy. As we have heard this afternoon, the High Court has since declared that definition to be unlawful when used for the purposes of immigration detention. We of course accept the High Court’s view. Contrary to what some have argued, however, the court also declared that the adults at risk policy was inherently sound. It took issue with the EO definition of torture, believing that it did not get to the heart of the imperative of defining torture in terms of the impacts of acts of harm that would be triggered by immigration detention.”
“I do not dispute the assumption that individuals who have been tortured—along with all others who are vulnerable under the terms of the adults at risk policy—should be considered to be at particular risk of harm if detained, but that does not mean that such individuals should never be detained. The adults at risk policy represents a proportionate and rational way of carefully balancing the vulnerability considerations against immigration considerations. It aims to ensure that when the most vulnerable are detained, it is only for very short periods of time or where there are overriding public protection concerns. The way in which torture is defined in the context of immigration detention has a long history. The definition in use, the so-called EO definition, was established in case law in 2013.”
“Under the policy, vulnerable people are detained or their detention is continued only when the immigration considerations in their particular case outweigh the evidence of vulnerability. Decisions are made on the basis of all available evidence. Cases are reviewed regularly, as well as on an ad hoc basis whenever new evidence comes to light in respect of removability and vulnerability. That brings me to the specifics of the statutory instruments, as they relate directly to the adults at risk policy. The main purpose of the statutory instruments is to amend the definition of torture for the purposes of immigration detention. Torture is one of the 10 indicators of risk in the adults at risk policy, in addition to a further safeguarding provision for any other vulnerability.”
“Each time an individual is detained, there must be a realistic prospect of removal within a reasonable timescale, and we expect those making detention decisions to consider the likely duration of detention necessary to effect removal. The vast majority are held for very short periods: some 91%, or 25,000, of those leaving detention in the year ending March 2018 were detained for less than four months, and 64% were detained for less than a month. When it is necessary to detain people in order to remove them, we have a number of safeguards in place, which are a key component of the adults at risk in immigration detention policy. The adults at risk policy was implemented in September 2016 and was a significant part of our response to Stephen Shaw’s review of the welfare of vulnerable people in immigration detention.”
“I am grateful to the right hon. Member for Enfield North for prompting today’s debate and for the opportunity to set out the Government’s position on these matters. We put significant effort into encouraging individuals to comply with immigration rules and supporting those with no right to remain in the UK to leave voluntarily. Unfortunately, a minority of individuals refuse to comply with the immigration rules and detention may be a necessary and proportionate tool to enforce their return. Detention is used sparingly and we operate a strong presumption in favour of liberty. At any one time, we are detaining only 5% of those liable to removal, and the number of individuals we detain is decreasing: in the year ending March 2018, 26,541 people entered immigration detention, a reduction of 8% on the previous year.”
“Lady spoke about whether there is a need for a definition of torture or, indeed, the other aspects of vulnerability that make up part of our adults at risk policy. However, there are 10 separate elements of indicators of vulnerability, of which torture is only one. We were conscious of the potential for some vulnerability that we had not previously considered, so we included a catch-all category at the end to enable different types of vulnerability that had perhaps had been missed to be considered by health professionals working in the detention estate when considering people’s suitability—or, indeed, by our detention gatekeepers.”
“I thank the right hon. Lady for putting on the record that I received Mr Shaw’s re-review at the end of April this year. She will be conscious that we have significant parliamentary timetable issues to get through, not least the summer recess. The High Court judgment was delivered on 10 October last year with an emphasis on timeliness. When I spoke to the right hon. Lady and before we laid the SIs, I did not know exactly when the Shaw re-review would arrive. I was expecting it imminently but, in the event, it came significantly after the date that I had expected it—by a couple of weeks. I was anxious that we should not be in the situation, 12 months on from the judgment, of not having responded and of still not having a new definition on the statute book. The right hon.”
“We are in the process of producing detailed guidance for caseworkers who will be making decisions, and have engaged with a range of non-governmental organisations on the guidance. My officials are currently also involved in running out an extensive training programme for caseworkers and healthcare professionals working in immigration removal centres and short-term holding facilities.”
“We have worked very hard to introduce the mental health action plan in 2016—it was developed by the Home Office, NHS England and the Department of Health and Social Care, following research by the Centre for Mental Health. I am firmly of the view that the provision of mental health care in IRCs is crucial, but it is a matter for NHS England. We must, of course, remember that those with serious mental health conditions are perhaps best looked after under section 48 of the Mental Health Act 1983 and in hospital. It has been suggested this afternoon that caseworkers and doctors would find the definition of torture set out in the statutory instruments to be too complicated. I do not accept that. As I have said, that is based on guidance provided by the court and has a number of key elements that must be met, but it is not inherently complex.”
“I feel that there is a time imperative: we should not have allowed parliamentary recesses and delay to mean that we did not have a better definition 12 months after that judgment. We are considering the adults at risk policy in the round and we will publish Shaw’s report and our response later this month. The right hon. Lady concluded with a comment on the 28-day time limit, which, although not strictly in the terms of these regulations, I regard as an arbitrary time limit that potentially runs the risk of those with no right to be here deliberately frustrating their removal, simply to meet the date at which they might be released. The hon. Member for Feltham and Heston made some important points about mental health and the welfare of detainees. I take on board her comments about those with serious mental health conditions.”
“As I said, the review of the detention centre rules will come later this year. Adults at risk did form part of Shaw’s review, which will be published at the end of this month. That gives us the opportunity to carefully consider and establish what enhancements can be made to that policy. I regard it as a work in progress and something that we need to make sure we make necessary improvements to, as required. The right hon. Member for Enfield North mentioned timeliness; the High Court had the benefit of the experts brought before it by Medical Justice. I am sure that she has read the judge’s comments, but I remind her that we had already invited Mr Shaw to carry out his re-review.”
“Until the report is formally published, I will not be in a position to disclose its contents. I can, though, say that my officials informed Mr Shaw’s team of proposals to implement the new definition of torture in parallel with their engagement with NGOs. I have explained to some hon. Members already that we will most certainly take Mr Shaw’s views into account when we review the detention centre rules later in the year. The imperative at present is to ensure that, in the light of the court’s very clearly expressed view, the correct definition of torture is applied without undue delay. I turn to some of the comments made by right hon. and hon. Members. Please be assured that I have heeded the warning of Mr Shaw’s review and, if it can be regarded as such, the warning in paragraphs 172 to 177 of Mr Justice Ouseley’s judgment of 10 October.”
“The Government have been correct to take the necessary action to put in place the new definition of torture within a reasonable timeframe. It is also right that we have made the important amendment to the statutory guidance, to put it beyond doubt that the list of 10 indicators is not exhaustive. Implementing the court’s judgment is just the first step, and it is the right thing to do now. Stephen Shaw has conducted a wide-ranging re-review and we will consider carefully his recommendations, which have been relatively recently received and will be published, along with our response, towards the end of this month. We will take the recommendations into account and review the operation of the rule 35 reporting mechanism, as part of the wider review of the detention centre rules later this year. That exercise will be subject to consultation.”
“I thank the right hon. Lady for her view. I disagree with her; it is important to have a catch-all that enables other categories to come forward. I do not want to make our definitions and guidance so restrictive that people may fall through the cracks. I am sure we all agree that that is absolutely the worst thing that could happen. The view was put forward, as the right hon. Lady said, that the Home Office should not have laid these statutory instruments until Stephen Shaw’s follow-up report is published. I do not accept that; the changes we seek to make through the statutory instruments are to implement the court’s judgment within the reasonable timescale set by the court. The right hon. Lady will have read the judgment; specifically, paragraphs 172 to 177 cover these points in some detail.”
“We invited NGOs to attend the early sessions as observers and provide feedback. It is important that we evaluate carefully the success of training as part of any process. As I said, we are still in the process of rolling out guidance and the training programme. To date, we are about one fifth of the way through the training programme. It is important that we continue to learn the lessons. I believe that these are important statutory instruments. As I explained to right hon. and hon. Members, the court clearly indicated that our previous definition was not adequate, so I have no hesitation in commending them to the Committee.”
“The application process for resident EU citizens and their family members to obtain that status in the UK after we leave the EU will be straightforward, streamlined and user-friendly, and there will be a dedicated customer contact centre to help people through the process. The majority of applicants will need to meet only three criteria: they will have to prove their identity, prove that they are resident in the UK, and prove that they do not pose a serious criminal or security threat.”
“It is crucial that, in addition to our assisted digital application process, we will have dedicated support—lines to help people through the process. But I am very conscious that there will be people with language difficulties; that has been raised with us by some of the user groups, and we are looking to see how we can assist them as well.”
“We have been very clear from the outset that the cost of the scheme will be no more than the cost of applying for a British passport, and indeed for those who already have permanent residency there will be no cost at all. It is crucial that we continue to work with our user groups, and as we roll the scheme forward we will be providing more information, including through our dedicated email service that we are sending out to people. But we do have an important communication job to make sure people know how to apply and when the scheme opens.”
“The Home Office continues to engage with people, businesses and organisations across the UK. We are seeking a deal that works for the entire UK and it is very important that we make sure that user groups in Scotland, including organisations such as Citizens Advice, have the necessary resources and understanding of how this system is going to work. We are rolling forward an engagement programme from this point onwards, and I am looking forward to making further announcements in due course.”
“My hon. Friend makes an excellent point. There are more EU citizens living and working here now than there were at the time of the referendum, and we want to make sure that it is very clear to them that they are welcome. We welcome the contributions they make to both our communities and our economy, and we are working to make sure that the streamlined process is as easy as possible.”
“Of course, it is crucial that the settled status scheme gives people a digital confirmation of their right to live, work and rent property in the UK, and we are absolutely committed to doing that. The hon. Gentleman also raised the issue of people with minor tax discrepancies. It is important to reflect that there have been several instances where those minor discrepancies have run into tens of thousands of pounds, and it is crucial that we pick up any discrepancies between what people are declaring as their income for immigration purposes and their income for tax purposes. We want to make sure that we collect the amount of tax that is owing.”
“Employers have had a duty to prevent illegal working since 1997. In 2016, we introduced tougher sanctions on rogue employers and made illegal working a criminal offence, so that wages can be seized as proceeds of crime. We have recently introduced additional safeguards to protect legal migrants seeking employment who do not have the necessary documentation to establish their lawful immigration status.”
“I thank my hon. Friend for that question. All passengers arriving in the UK at passport control are checked against watch lists on arrival at the border. The majority of those people are checked against our systems before they even travel, through the collection of advance passenger information. Between April 2010 and March 2018, we refused entry to 138,992 people, including more than 18,000 in the year to March 2018.”
“Our asylum system provides accommodation and funding for those who are here during the process of their asylum claim. The hon. Gentleman makes an important point: we must continue to make sure that the UK has one of the most humane asylum systems in the world. We are working very hard to make sure we do that.”
“The Government are considering a range of options for the future immigration system. We will make decisions based on evidence and engagement. We have asked the independent Migration Advisory Committee to advise on the economic and social impact of the UK’s exit from the EU and on how the UK’s immigration system should be aligned with a modern industrial strategy.”
“I recognise the importance of tourism in my hon. Friend’s constituency and his work in the all-party group on the visitor economy. Seasonal workers make an important contribution to the tourism and hospitality sector, and it is a sector that we wish to see thrive. Any EU citizen who is currently in the UK will be able to benefit from the settlement scheme that we are establishing. For the longer term, we have asked the independent Migration Advisory Committee to advise us; I am sure that it will be mindful of my hon. Friend’s points.”
“The hon. Gentleman has identified farming and my hon. Friend the Member for St Austell and Newquay (Steve Double) asked about tourism, but a number of other sectors are affected, including fisheries, which has been raised with me recently. It is crucial that we take the advice of the Migration Advisory Committee and that we have evidence-based policy making. I reassure the hon. Gentleman and other Members that I am looking into this issue very closely indeed.”
“We will continue building and managing an immigration system that meets the economic and social needs of the UK, and I will set out further plans in due course. I am committed to a fair and humane system, and we are reviewing the operational assurance regime across the borders, immigration and citizenship system to ensure that it is effective and reflects best practice.”
“We keep the tier 2 cap under close review. Priority is given to doctors working in shortage specialisms, as determined by the Migration Advisory Committee, and no one has ever been refused for any of those posts. We have taken steps to boost training places for nurses and doctors, and a record number of undergraduates will begin medical training by 2020, with 1,500 new places.”
“I thank the right hon. Lady for her question, and I welcome the comments that various Select Committees have made on this issue. I have absolutely no doubt that she heard the Home Secretary’s comments yesterday, and I reassure her that we are looking at the matter closely.”
“The right to rent is an important component of the Government’s policies to make sure that those who are living here illegally do not find it easy to access the services and facilities that those who are here legally access. It is really important that we draw a clear distinction between legal and illegal immigration. The Government are determined to make sure that we implement our policies in an effective but humane way.”
“I thank the hon. Lady for her question. We regard the action that the Home Office has taken in response to information received from the Educational Testing Service as proportionate. However, we are reviewing the position of those who remain in the UK.”
“I thank my hon. Friend for her question. She makes a really important point. I am conscious that it is not only about NHS trusts seeking to bring in doctors from overseas; there are also a number in training and at university who are seeking to gain employment opportunities here. She will have heard the comments of my right hon. Friend the Home Secretary.”
“My hon. Friend has been consistent in making a very strong case for supporting the Scottish strawberry and, indeed, raspberry. I am conscious that my right hon. Friend the Home Secretary visited her constituency recently and listened to some of her constituents’ views, and we are looking at the issue of seasonal workers very closely.”
“The hon. Lady will have heard an earlier answer, which stated clearly that nobody on a shortage occupation list has been turned away. Both I and the Home Secretary are very conscious of the points that have been made repeatedly this afternoon. We know that there is a real challenge in the NHS accessing trained doctors. The Department of Health and Social Care is doing excellent work to make sure that we increase the number of training places in the UK, but the calls are being heard.”
“The hon. Gentleman will be aware that he and others have raised this with me. We have looked very carefully at recruitment processes in Northern Ireland to make sure that there is absolutely no bias, taking into account the Equality and Human Rights Commission’s comments.”
“This afternoon, we have had thoughtful and passionate contributions from both sides of the House, which have reflected the public mood towards the Windrush generation, who have contributed so much to our country. We also had a debate on Monday, in which the tone was constructive; I listened carefully to Members’ contributions then, as I have today. We know that the failure of successive Governments to ensure that individuals arriving before 1973 had the documentation they need is deeply regrettable. I have previously said that I am personally sorry, and I repeat that today, but I also repeat how important it is that we put this right, as a matter of urgency.”
“I would like to remind the House of those measures. First, the Home Secretary will be writing each month to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) with an update on progress. I have little time this evening to comment on her significant contribution, but I would like to say to her that it is important to me that we provide her with the updates and make sure that her Committee is aware of the progress. It is seldom that I say this on the Floor of the House, but I look forward to being called to her Committee as early as next week.”
“The hon. and learned Lady made some comments earlier that I wish to respond to, but I really think it is important that I put on record how sorry I am that people have been affected, and how crucial it is to me that we make sure we get it right, and that, going forward, we make sure this cannot happen again. As my right hon. Friend the Home Secretary has said, putting this right must not mean taking resources away from the teams who are already working so hard to help those who have been affected. I have seen them working and know their dedication and commitment, which I saw this last weekend in Croydon and in Sheffield. That is why the Opposition’s Humble Address motion is not the right answer. We have announced a package of measures today to bring greater transparency to Members of the House and to the public.”
“Tomorrow, I will chair a cross-Government meeting to discuss those safeguards in more detail. We have also been clear that ongoing enforcement activity must not impact on people in the Windrush generation. Immigration enforcement has put in place arrangements to minimise this risk.”
“The taskforce will contact the individual concerned to help them to prove their entitlement, and the employer or landlord will be issued with a positive notice to enable them to employ or register the individual. The Home Office is working with other Departments. The hon. Member for Manchester, Gorton (Afzal Khan) raised the importance of my doing so, particularly with reference to working with organisations such as the DWP, the Department of Health and Social Care, and the Driver and Vehicle Licensing Agency to make sure that not only Departments, but the partner agencies across the board, work to ensure that we have the relevant safeguards in place to prevent those from the Windrush generation from being denied the benefits and services they should be entitled to.”
“She made some observations that I, too, have reflected upon in my relatively short time in this role, and she made some valuable points. It is clear to me that there are resources needed to put this right, and also to look forward and make sure that there cannot be similar occurrences again. There has been much debate about the impact of the compliant environment on the Windrush generation. We are taking steps—important steps—to safeguard those from the Windrush generation seeking jobs or rented accommodation. We have published updated guidance on gov.uk, which encourages employers and landlords to get in touch with the Home Office checking service if they are unsure about individual status.”
“It is absolutely imperative to me—and indeed to my civil servants, who have been working incredibly hard—that the right hon. Lady not only gets the answers, but gets thorough and full answers. We will undertake to make sure that that happens as soon as possible. Secondly, the Home Secretary will be writing to the right hon. Lady each month on the latest position on detention, removals and deportations. Thirdly, the Home Secretary will bring external oversight and challenge to a “lessons learned” review, which is already under way. He has asked the permanent secretary to give the review the resource that it needs. The hon. Member for Hackney South and Shoreditch (Meg Hillier) shared with us her experience as a former Immigration Minister.”
“I recognise how time-hungry and resource-intensive that will be, but it is imperative that we get this right, and I know that the Home Secretary shares that ambition. The previous Home Secretary—”
“Will the hon. Lady allow me to comment on some points that she raised at the end of the debate? It is important to me that I address them. It is absolutely crucial that we work very hard to make sure that we have immigration policies that are fair and reflect human beings—the people we know they are. That has been one of the most powerful elements of the Windrush crisis. I have seen and listened to the individual stories, and I want to make sure that they do not happen again. The hon. Lady raised a case from Sri Lanka. I hope she will come to me with the individual’s details, because it is important to me—just as when I assisted the hon. Member for Coatbridge, Chryston and Bellshill (Hugh Gaffney), who is no longer in his place—that we work hard to solve individual cases.”
“The previous Home Secretary worked hard on this issue and spoke of changing the culture of the Home Office. I am absolutely determined that we do change the culture and work hard to right this wrong.”
“I will make sure that there are Home Office officials there.” I say that to all Members: where there is a significant community that they think will be affected, let us reach out to communities; let us not be just a reception centre in the various places that we have up and down the country; let’s make a real effort to go to communities and make sure that events take place in places that are comfortable for people. I am the first to acknowledge that there can be barriers to coming and making contact with the Home Office. Working with my right hon. Friend the new Home Secretary, they are barriers that I am determined to beat down, because they should not be there.”
“I was very fortunate last Thursday night to go and meet, albeit in the road that crosses the edge of the constituency, one of my constituents called Don John, who for many decades has been a leader of the Caribbean community in Southampton. I discussed the issue with him, knowing very well that this weekend, the hon. Member for Bristol West (Thangam Debbonaire) was holding an event in her constituency attended by Home Office officials, in order to give confidence to those from Bristol who might be affected that the Home Office is there to help. I said to Don on Thursday night, “Let’s see how the event in Bristol goes, but what I can do as a local Member is to make sure that people in Southampton have the opportunity to have an event.”
“It is important that we as Members convey to our constituents and to the public at large the fact that this process is designed to be constructive and to help. When I first spoke on this issue, I tried to impress on everyone the fact that we needed to have confidence built in the system, so that people would have the courage to come forward. Undoubtedly, the strongest advocates are the people who have been for their interviews and had their status confirmed, who have been willing to speak to the media to confirm that that has happened. My hon. Friend the Member for North Dorset (Simon Hoare) spoke of the melting pot of Cardiff; I represent part of the city of Southampton, another area that has a very large port.”
“I have to say that I was very impressed with the determination of those caseworkers to be sympathetic and understanding, and to talk people through the process as gently as they possibly could while at the same time enabling them to give their stories and to provide a picture of their life in the UK—helping them through a process with which we should have been helping them much earlier. We cannot fail to be moved and to be ashamed when confronted with the individual stories, but as a result, be determined to get the wrong righted, to sort the cases out and to make sure that the legal status is confirmed. The hon. Member for Mitcham and Morden (Siobhain McDonagh) mentioned three cases; we have done a very rapid trawl of those appointments that are already scheduled and I believe that one of those cases will hopefully be resolved tomorrow.”