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Ms Abbott: The hon. Gentleman was not in this place during the previous Parliament, but when we debated withdrawing benefits from certain categories of asylum seekers, the then shadow Home Secretary--my right hon. Friend the current Home Secretary--said that the draw was not the benefits themselves but the time that it took to resolve claims. Some of my hon. Friends would argue, "What has changed since we opposed these issues in principle when the previous Government were in office?"
Mr. Allan: I am glad to hear that the hon. Lady is consistent in that view. I am aware that during the previous Parliament my colleagues argued on a similar basis, saying that the issue was the time taken to come to a decision. The introduction of a new support system suggests, to me, a tremendous lack of confidence on the Government's part that they will achieve their targets for a faster system. I would prefer to leave a system in place that gave them an added incentive to achieve their other targets for faster processing than to provide them with a cop out as they withdraw any support from more and more categories of people during various stages of the process.
The new system will create a new class of socially excluded people. It is a bitter irony that we have a Government who pride themselves on their social exclusion unit yet at the same time intend to create a category of people who will be the most excluded since the days of the workhouse. How much more excluded can one be than to be forced into designated accommodation and then made to use vouchers to purchase goods in certain shops only?
Detention is a key issue for us as liberal politicians. The deprivation of an individual's liberty by the state is sometimes necessary in a liberal society. However, it should never be treated lightly and it should always be within a framework of accountability, with rights to challenge that deprivation of liberty. We believe that the detention of asylum seekers and others under immigration controls generally has been and is being used inappropriately.
The Government have responded with an automatic bail hearing, which is welcome. However, the proposal set out in the Bill leaves much to be desired. In particular, there is no guarantee of legal representation at the hearings. We believe that there could be a mechanism for ensuring that, and that providing such representation would save time and money in the long run. The better the representation at an early stage, the less likely we are to run through a series of further hearings.
There is also no presumption in favour of release, a point which was taken up earlier. The presumption in a bail hearing in general courts is that the court should be
in favour of release, with the officers involved required to demonstrate why the individual should be held. We believe that that presumption should similarly apply in detention cases where the immigration service is required to demonstrate its reasons for detention, rather than the detainee having to try to work his or her way round whatever the guidelines are to try to secure release.
As proposed, we believe that the bail hearings risk becoming a judicial rubber-stamping exercise for the decisions already taken by immigration officers. Concerns along similar lines have been expressed by many organisations, including the United Nations High Commissioner for Refugees, the Law Society and the Refugee Council. We share the concerns that those organisations are raising about whether the new, automatic right to bail will make any significant difference to the situation of detainees.
Two other key areas remain unresolved by the Bill. First, we would wish to see special provision made for the victims of torture to ensure that they have appropriate medical examinations and treatment and are dealt with patiently and sensitively. We believe that some of the time control requirements for getting all the information in will affect especially those who are most traumatised, who may find it very difficult to present information quickly. However, we are told that if they do not present the relevant information at the first stage, they will not be able to use it later.
We believe that similar provision needs to be made for the many female victims of sexual violence, which is sadly all too common now in war and conditions of oppression. Again, there is a need for sensitivity and patience to enable those concerned to get their stories together.
Secondly, we are concerned that the Government have failed to take this opportunity to repeal section 8 of the Asylum and Immigration Act 1996, which concerns the employment of people who are suspected of being illegal immigrants. The Government are merely proposing a new code of conduct. That is in direct contravention of Labour party policy before the Labour party took power, which made explicit its wish to repeal section 8. Work by the Commission for Racial Equality has shown that the section has not had the effect it was sold as having: stopping organised exploitation of overseas workers. In fact, no prosecutions have taken place since it was introduced and its only impact has been to deter employers from employing people from some minority groups, often because they misunderstand the law. It would be perfectly simple to repeal section 8, yet the Government have inexplicably failed to do so.
We would have been happy if Dr. Jekyll had written the entire Bill and it needed only to be tidied up. We would then have been able to support it at this stage, as we agree with the Government that reform of the system is needed urgently. However, the Government have drunk deep of the potion of tough talking and Mr. Hyde's hand figures prominently in so many elements of the Bill. That being so, we will oppose it and ask the Government to return to the drawing board with all possible haste.
It is particularly worrying that the Bill contains 50 order-making powers, so that there is a risk that we will be shadow boxing during its passage without a clear
idea of its effects. The Bill delivers no cheques to asylum seekers but it certainly gives a blank cheque to the Home Secretary. We need to know who is drafting the secondary legislation--Dr. Jekyll or his less attractive alter ego--if we are to be able fully to assess the Bill. The hon. Member for Birmingham, Selly Oak (Dr. Jones) referred to that during the speech of the Home Secretary. I hope that whatever the Minister says in response to my contribution, he will be able to give a clear commitment to produce at least draft versions of the many orders in plenty of time for us to consider them in Committee, along with the rest of the Bill.
My colleagues and I will be registering our opposition to the Bill this evening to reflect our view on so many elements of it. I know that my hon. Friend the Member for Portsmouth, South (Mr. Hancock) will be seeking to catch the eye of the Chair when he returns from the Home Office to make some additional points. We will--[Interruption.] My hon. Friend is a rapid worker and I see that he is already back in his place. We will have a lively debate for the rest of today and during further consideration of the Bill.
The Commission for Racial Equality and the Refugee Council have sensibly sought and received support from the main party leaders for a statement on the context in which the debate should be conducted. They state that they will conduct the debate in a spirit of trying to continue
Mr. Peter Snape (West Bromwich, East):
The hon. Member for Sheffield, Hallam (Mr. Allan) spoke ably and coherently, but he rather over-used the Jekyll and Hyde analogy. We are all aware of that pair of characters when it comes to the Liberal party. It will be interesting to see how widely the hon. Gentleman's speech is circulated by his fellow Liberals in constituencies such as mine in the west midlands. It will also be interesting to see how widely the Liberal amendment, which Madam Speaker has not selected, is circulated. It seems from that amendment that there is no need for any real control of immigration into the United Kingdom. The hon. Gentleman shakes his head, but his speech was entirely negative about the Government's proposals.
I welcome, first, the provision for an appeal procedure for applications for visitors' visas. For Labour Members--and, I suspect, for Conservative Members--one of the most distressing, as well as annoying, aspects
of immigration cases that we deal with is that people with a perfectly reasonable record in respect of visiting the United Kingdom are subsequently refused entry for no apparent reason. As the hon. Member for Southwark, North and Bermondsey (Mr. Hughes) said, not only the families of people who have applied to come here, but the applicants themselves, are refused.
"to provide protection to those who have a well-founded fear of persecution."
They add that they will not
"cause to be published, or in any way endorse any material that incites hostility or division between people of different racial, national or religious groups."
I believe that that sort of statement is important, and I end my contribution to the debate by reaffirming my party's commitment to holding a vigorous debate based on the facts and merits or otherwise of particular proposals, in terms of making the asylum system work. We hope and trust that our proceedings on the Bill in this place will be conducted in that spirit. We hope also that leading political figures from all sides will have the courage to use every opportunity to tell people of their support for this country's proud tradition of providing protection for those who have a well founded fear of persecution.
6.19 pm
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