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Mrs. Maria Fyfe (Glasgow, Maryhill): My hon. Friend the Member for Leicester, East (Mr. Vaz) mentioned the large advertisement at Heathrow underground station.It is set out in a way that gives the impression that some sort of Government body is behind it. It goes on to provide a list of services that are all provided free by Members of Parliament. The final words of the advertisement claim that "success is certain". That is an outrageous claim; we all know how uncertain success really is and how often our most determined efforts fail to help people with immigration and asylum problems.
Mr. Keith Hill (Streatham): Given that these utterly fraudulent advertisements are appearing at Heathrow, is it not ironic that the British Airports Authority should recently have decided that bona fide immigration legal advice organisations may not put up notices at airports advising people of the necessity to register their asylum claims immediately or face losing benefits and other rights? Does my hon. Friend agree that the Government should insist that the BAA allows such notices to be put up?
Mrs. Fyfe: That is a good point. I am surprised that the BAA should have done that. I hope that hon. Members on both sides of the House will take up the matter with local representatives of the BAA, to persuade them to change their minds. Perhaps the Government should make them change their minds, for the service is certainly needed.
I believe that the Government should take firm action to counter misleading advertising of the kind that we have been describing. What advice in writing is given to people on arrival in Britain--people who may find themselves in difficulties? Are they given a note printed in a variety of languages, telling them where they can go for free advice?
Is there a list of bodies that are recognised as competent and well informed on such matters? It would be interesting to know whether any such advice is given.I do not remember the subject coming up in Committee, but we should not continue tonight without knowing whether the Government will quibble about the meaning of regulations and competence.
It is incumbent on the Government to say what they are willing to do to protect people from being ripped off or losing their chance to appeal on time because of incompetent conduct by someone who might just be there to rake in the cash and is not concerned about providing a competent service.
Problems can also arise from advice given by somebody who is trying to do their best, but who simply is not appropriately qualified or experienced to handle the task. In one case in my constituency, someone lost the right to appeal because a registered letter posted to his solicitor's office was apparently not received. There are doubts about whether someone signed for that letter,and, if so, how it was lost, but my constituent has lost out. It is not his fault that the solicitor cannot run his office competently--if the letter was received there, which has still to be decided.
Miss Widdecombe:
This has been an important debate. I congratulate--to a limited extent--the hon. Memberfor Blackburn (Mr. Straw) and, more particularly,my hon. Friend the Member for Brentford and Isleworth(Mr. Deva), who led so magnificently on the issue in Committee. By raising the issue in Committee, ahead of the official Opposition, he drew attention to a major problem, which the Opposition have now been only too delighted to recognise for themselves.
The debate has thrown up some serious issues.Hon. Members on both sides of the House share the perception of the problem. We will, I am afraid, disagree about the solution, but there is a genuine shared perception of the problem.
It is obviously undesirable that people who are vulnerable and not competent in the ways of this country can be ruthlessly exploited. People in that situation are sometimes given not only incompetent advice, but advice that can be highly counter-productive to an otherwise perfectly straightforward procedure and claim. I wish to acknowledge that problem, because the Government share the concerns about those practices. We must ensure, however, that we have found the best way to address the issue.
Although I fully sympathise with the claim that somebody who is vulnerable, muddled and bewildered can be led into making untrue statements, nevertheless we must proclaim the simple message that honesty--which individuals should exhibit anyway--in immigration and asylum cases is absolutely the best policy.
Mr. Straw:
I entirely share the Minister's view on that point, but does she accept that in many cases--not all of them, I agree--the issue is not honesty or the lack of it,
Miss Widdecombe:
I understand that. My point related to cases in which immigrants are advised to claim, not on an interpretation of the law, but on a completely false basis as students or spouses.
There is a simple message for the immigrant community, which is that the best policy for those applying for extensions or renewal is straight honesty with us.
Mr. Vaz:
I do not think that there is anything between us, given what the Minister has said so far. Will she give a commitment, however, that, when Ministers examine cases that have been raised by hon. Members, in which constituents have been wrongly advised by immigration practitioners who have acted irresponsibly, Ministers will not prejudice such cases because of the wrong advice that individuals have received?
Miss Widdecombe:
If the hon. Gentleman reflects,I am sure that he will realise that I cannot give a blanket exemption for any false statements made, or any approach to the Home Office that is wrongly constructed, merely because an immigration adviser was involved. If the hon. Gentleman or any other hon. Member has especially difficult cases that they wish to draw to Ministers' attention, I am sure that Ministers will examine them,with a view to the individual and to evidence of the extent of the problem, which is one of the stumbling blocks.
Those who are seeking immigration advice already have a number of outlets to which they can turn. They can go to law centres, citizens advice bureaux, the Refugee Council, refugee legal centres, the Immigration Advisory Service, reputable solicitors and Members. These outlets give reputable and, I hope, nearly always competent help to those seeking their advice.
The second message that needs to go out is that it is not necessary to consult someone round the corner. There are many places where individuals can go to get reputable help, even if that help is only to steer them in the direction of further reputable help, which I consider to be important. It may sound simple to send out messages about honesty and seeking reputable help, but it is necessary that the points are made.
The main thrust of the new clause--
Mrs. Fyfe:
A variety of advice is available, butis someone who arrives at a port of entry given that information in several languages so that he might understand what is available, or is he expected to understand English?
Miss Widdecombe:
The hon. Lady raised that matter this afternoon, as she did in Committee. We give advice to entrants on arrival. I do not mean that we would give detailed advice in a particular case. We give general advice on the help that is available. We have a number of information leaflets available to those who make applications to remain in this country. They include asylum seekers, but the leaflets are not exclusive to them.
Information is available in a number of languages.It is important that people should at least be told where they can go to obtain reasonable advice.
Mr. Madden:
Will the Minister at least consider the suggestion that I made during the remarks of my hon. Friend the Member for Leicester, East (Mr. Vaz)--that the Home Office might adopt a procedure whereby all communications are sent both to the applicant and to his or her representative, and not only to the representative? It would be a simple procedure that would not cost the earth. It would help to minimise the damage that might be done by some unscrupulous advisers who do not act upon communications or respond to them, often leaving applicants in serious difficulties.
Miss Widdecombe:
I understand the difficulty that the hon. Gentleman has identified. However, I think that the procedure he mentioned would be somewhat more complicated and expensive than he suggests. I shall, however, undertake to write to him with the rationale for our not going down that route, so that he will at least have full information as to why we do not think that it is feasible.
Mr. Neil Gerrard (Walthamstow)
rose--
Miss Widdecombe:
I hope that I will eventually be able to get to the new clause.
Mr. Gerrard:
I thank the Minister for giving way, because this is an important point. Will the Minister consider, if not copying all correspondence to the applicant as well as the adviser, ensuring that at least the absolutely vital documents, such as notices of appeal,are sent to the applicant as well as to the adviser?I certainly--like, I am sure, other hon. Members--have come across cases in which people have lost rights of appeal simply because an adviser never acted on a notice. If the applicant had at least those essential documents, that problem might be avoided.
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