Immigration: Hostile Environment — House of Lords, 2018-06-14
Topic: Immigration
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, I, too, thank the noble Lord, Lord Bassam, for asking, in essence: what does a hostile environment policy do to individuals and to our society? As we have heard, there have been many casualties. The noble Baroness, Lady O’Neill, raised the issue of proving one’s entitlement; in other words, exercising one’s rights. The noble Lord, Lord Parekh, if I heard him aright, referred to a national psychosis The policy impinges on people who never expected to be affected by immigration policy. Several noble Lords, including my noble friends, have given examples. If your son’s Brazilian fiancée has not previously had a problem with renewing her visa but is not issued a new visa, reports to the Home Office as she is requested to do, and is immediately sent into immigration detention, the whole family is confused, distressed and helpless. If you are below the financial threshold to sponsor a spouse visa, your Canadian wife—who, from time to time, comes as a visitor—may one day be told, "We don’t believe you’ll leave", although there has been nothing to suggest that she would break her previous pattern, so she is sent into detention and then back home, if that is where she feels home is by this stage. If you are an employer in a business or maybe in the NHS, which is about much more than doctors and nurses, you will be confronted with rather curious shortage occupation lists and with the caps—as you will be if you hope, for career reasons, to work in the UK yourself. The business community constantly reminds us that immigration really affects access to talent. If your aunt has bequeathed you her flat and you have become an accidental landlord, you will find that you are also an immigration officer and subject to sanctions as well Noble Lords will understand that I am using examples, all of which I have come across along with many more over some years. The Minister told the House last week that the Government are planning, "to reconvene the landlords consultative panel",—[Official Report, 6/6/18; col. 1303.] which is to "drive up landlords’ compliance" with the right-to-rent provisions. I noted that the Minister was not able at that time to answer my noble friend Lord Paddick’s question about how the Government are monitoring racial and other discrimination, and what baseline data they are using to determine whether discrimination has increased as a result of the right-to-rent scheme If you make a minor error in terms of your leave, or of course if the Home Office makes such an error, you may find yourself threatened and deprived of the basis of normal life. If you are a teacher or doctor, or work in another capacity in the education or health sectors, you will have come up against the issues of reporting and sharing data. I appreciate that a part of this has been dealt with recently but schools and health centres should be safe places Personal experiences make people see situations with new eyes, as the speeches today have demonstrated. People see what is being done by the Government in their name and, as the noble Baroness, Lady McIntosh, said, they hear language with fresh ears. We are discovering what has happened to the Windrush generation, although we do not yet know how many have been deported or detained, or about the financial and emotional cost to them. I accept, of course, that the Home Office task force is now at work. I realised recently, and was shocked to find it, how little I am surprised by what I hear from people who think that their story must be without precedent—of course, it is to them. I have realised, too, how impressed we should all be by the resilience and compassion of the third sector, which so often tackles the situations that we have heard about Some people take advantage of a hostile environment. I am talking about the exploitation of people who do not know their rights and think that they may be here illegally, which happens all too often in low-paid employment. That is another factor of this policy. In discussing the position of EU citizens post Brexit I have heard about the concerns of people who may not register because they are fearful that some minor infringement, such as a parking ticket which they once got, will be counted as a crime and held against them. There is a danger that hostility as a policy is reflected across the community, with ethnicity a proxy for racism I recently raised the apparent blanket ban on asylum seekers accessing education. The Minister gave assurances that the Home Office is taking proactive steps to contact those affected and reissue the necessary immigration bail forms without these restrictions. I was grateful for her prompt response and evident understanding but I am told by solicitors that they are still seeing asylum seekers being restricted from studying. They are also concerned that the new bail guidance does not ensure that potential victims of trafficking, individuals served with deportation orders and those with fresh claims pending will not be unlawfully or irrationally restricted from studying "Hostile" or "compliant", whatever language is used there has been no change in the legislation. Has there been any change in how the Home Office handles information and documentation? It occurs to me to wonder whether the hostile environment has affected those administering the system. It must have; I suspect that officials are overloaded. In the debate two days ago the noble Lord, Lord Russell of Liverpool, used the term "institutional depression" of Home Office officials. The widely held view is that the culture which has permeated the Home Office, affecting how officials approach decisions and deal with information, has gone very deep. I do not need to stress how this affects the public’s confidence in the system, and do not like to think what we might be doing to those who administer it. It is not comfortable always to have to suspect the worst of everyone. This is not just about Home Office personnel. I was asked this morning whether victims of crime with an uncertain status are routinely referred to the Home Office for investigation. Is there an explicit policy on this The British Red Cross has just published a new report, subtitled The Humanitarian Impact of the UK Immigration Detention System. Among other things, it investigated life after detention. I am ashamed that I had never thought beyond, "Oh, X has been released". Just as being taken into detention can come out of the blue so can release, but without asylum support, accommodation or access to benefits. As the report says: "Expecting someone to engage with their asylum case after release is unrealistic if they are battling mental health issues, receiving no … support, and subject to enforcement-based alternatives to detention, like reporting" As part of the Shaw review, Mary Bosworth identified some consistent findings. One of them was that there is a negative impact on mental health which persists long after detention. This is borne out by the service users interviewed by the British Red Cross. A gentleman from Pakistan said: "When they released me, I wasn’t able to cross the road, you know, at the zebra crossing. That’s the huge impact on my mind. I went for counselling, six months to a private charity organisation and there she tell me the tricks how to … cope with these things. So with that counselling, I came out of these things, but imagine I wasn’t able to cross the road. When I was released, when I come outside the detention centre, I felt that my soul had been taken out from my body. I found no energy, no power" A British Red Cross staff member is also quoted in the report: "I wonder how someone is going to be able to manage going into a workplace and being an integrated part of society"— we seek integration, after all— "when … on your arrival into the country and through the asylum process", they experienced, "this sense of being done to. Then you’re told, ‘Okay, now you have to be a productive member of society’. I wonder how people manage that transition" We have a new Home Secretary. He has the opportunity to change policy and the culture. That is no easy task. From what I have observed, he is very open to this. Two years ago, the Independent Chief Inspector of Borders and Immigration said: "However, in the absence of even any ‘soft’ indicators of impact on, for example, voluntary returns, the Home Office lays itself open to criticism about the breadth of new legislation and the cost/benefit to itself and others of implementing each measure. It is also harder for it to answer concerns about the potential damage to communities and to individuals" That was his report following an inspection of hostile environment measures. In my view, the environment of hostility has impacted and is impacting on individuals and on our society much for the worse.