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Commons Chamber

Volume 611: debated on Thursday 26 May 2016

House of Commons

Thursday 26 May 2016

The House met at half-past Nine o’clock


[Mr Speaker in the Chair]

Oral Answers to Questions

Attorney General

The Attorney General was asked—

Rape Offences: Conviction Rates

1. What assessment he has made of reasons for variations between police force areas in conviction rates for rape offences. (905092)

13. What assessment he has made of reasons for variations between police force areas in conviction rates for rape offences. (905131)

There are a number of factors at various stages that are likely to have an impact on conviction rates for rape, but the Crown Prosecution Service is committed to improving the rate by working closely with partners in all police force areas. To provide the consistency of approach that is necessary, networks of violence against women and girls co-ordinators have been established.

CPS national guidance suggests that improvements have been made through the appointment of rape specialist prosecutors. However, their success is entirely dependent on the evidence referred to them in the first place, as one of my constituents, who was raped while away at university, found to her distress. Will the Solicitor General comment on any link between reported offences of rape that are never referred to CPS rape specialist lawyers for a decision to prosecute and the conviction rates for rape in police force areas?

I am grateful to the hon. Lady, and I listened with some concern to the case she cited. I am glad to say that in her area—the north-west—the area rape and serious sexual offences unit has been generating an improvement in the conviction rate, which has gone up by almost 10% in the last year. However, she is right to talk about the earlier stages, and the co-ordination I mentioned is all about early investigative help, which should make the experience for victims better. Experience shows that attrition rates are far too high.

So why does the Solicitor General think there is a difference between rates in police forces, with 35% being one of the lowest rates and 80% the highest? What specifically can the CPS do?

The hon. Lady is right to refer to those regional variations, which are concerning. I am glad to see a strong commitment to a greater national approach to this issue. That is why the setting up of RASSO units in every area is vital. The CPS has recruited a further 102 specialist prosecutors, with a further phase of recruitment due to take place, which will help to drive conviction rates up.

In Northern Ireland, there were more than 28,000 incidents with a domestic motivation in 2014-15, and there were 2,734 sexual offences, including 737 cases of rape. Not only are conviction rates too low across the UK, but the number of incidents is still too high, particularly considering that many victims of domestic violence do not come forward. What steps are the Government taking to reduce the number of offences? Have they considered an education programme for boys and girls in school?

I am grateful, as always, to the hon. Gentleman. I am happy to say that, in England and Wales, the overall number of cases being brought—not just of rape but of associated violence and sexual abuse in a domestic setting—continues to increase, which means justice for thousands more victims year on year.

What steps has the hon. and learned Gentleman taken to ensure that the Crown Prosecution Service discusses with the police the type of evidence that needs to be on the file sent to it to secure a conviction? Has he reviewed with the Home Office police forces that are accused of putting too many rape cases in the “no crime” category without investigation?

To answer the hon. Lady’s latter point first, that is obviously an operational matter for the police, but the general principles and policy issues arising from it are important. That is why the Attorney General and I take great interest in the important work of the RASSO units—the specialist prosecutors—that work with the police at an early stage to identify the sort of evidence that is needed to secure convictions. The hon. Lady is absolutely right to raise that point.

Serious Fraud

2. What steps the Serious Fraud Office is taking to help prevent serious fraud and other economic crimes. (905093)

Over the past 18 months the Serious Fraud Office has secured, for example, its first contested conviction for rate rigging, its first conviction of a corporation for offences involving bribery of foreign officials and its first deferred prosecution agreement.

But in 2015, as a result of the 3,000 cases reported to the dedicated fraud line, the SFO opened only three cases. What is the reality of why the SFO does so much less than the Government’s rhetoric suggests?

The hon. Gentleman will appreciate, I am sure, that there is more than one body in the system that prosecutes fraud. The Serious Fraud Office deals only with the most complex and difficult cases, so it is not surprising that of all the cases reported, not all of which will be prosecuted by anyone, it deals with only a small proportion. It is set up to deal with the most difficult and complex cases, and that is what it does.

14. Is it not important that not only the Serious Fraud Office but all other Government agencies have access to communications data in order to ensure convictions? (905132)

My hon. Friend is entirely right. Communications data are important in the prosecution of all types of offending. For example, the vast majority of prosecutions in terrorism cases involve such data, but they are also used in relation to fraud. That is why the Investigatory Powers Bill currently before the House is so important.

Is the Attorney General conscious of the fact that there is a deep problem in the Serious Fraud Office, in that it is underfunded and under-resourced and cannot attract the greatest talent for complex cases? Is he aware that it is believed that £400 million of British taxpayers’ money is still affected by the disaster with the Icelandic banks and should be retrieved? Will he look at the close relationship that the SFO has with the big accountancy firms, which do not have the necessary expertise in-house, and will he look particularly at Grant Thornton in that respect?

I am sure the hon. Gentleman will recognise that I am not going to comment on specific cases. He will understand that it is the responsibility of the director of the Serious Fraud Office to decide whether to open investigations and prosecutions. In fact, the core funding for the Serious Fraud Office has increased, not decreased. It also has access to so-called blockbuster funding to enable it to take on very large and substantial cases when the need arises. Were it to retain that core capability throughout a given period, it would sometimes not be using it to its fullest extent when such cases were not on its books, which is an appropriate way to proceed. We will always make sure that the Serious Fraud Office has the funding it needs to prosecute the cases it ought to prosecute.

I listened carefully to that response from the Attorney General, because this week’s report from Her Majesty’s Crown Prosecution Service inspectorate into the Government’s arrangements for the SFO found that the blockbuster funding model does not represent value for money and is incompatible with long-term strategy for building prosecutorial capability and capacity in-house for future investigations and prosecutions. Will he look at alternative funding models to ensure that the SFO is on a sustainable footing and not, in effect, subject to a Treasury veto?

The hon. Lady will recognise that the report from the chief inspector, which I asked him to produce in order to look at the way in which the Serious Fraud Office is governed, was a very balanced report that also put forward some very positive points about the way in which the Serious Fraud Office has improved under the direction of the current director. She is right, however, that questions were asked about the funding model. There is a balance to be struck, as I indicated to the hon. Member for Huddersfield (Mr Sheerman). We have to make sure that the Serious Fraud Office has the money it needs, and we will. The director will never refuse to proceed in a case for lack of funding, so there is no Treasury veto as she suggests. However, we have to balance the need for that money with the need not to have unused capacity that is being paid for by the taxpayer. The blockbuster funding model has so far been considered to strike that balance correctly, but I will of course look carefully at what the chief inspector says, and we will consider whether further change is appropriate.

Pro Bono Legal Services

4. What recent steps he has taken to promote (a) public legal education and (b) the provision of pro bono legal services. (905096)

7. What recent steps he has taken to promote (a) public legal education and (b) the provision of pro bono legal services. (905099)

8. What recent steps he has taken to promote (a) public legal education and (b) the provision of pro bono legal services. [R] (905100)

11. What recent steps he has taken to promote (a) public legal education and (b) the provision of pro bono legal services. (905129)

As Government pro bono champions, the Attorney General and I continue to support, through our co-ordinating committees, a number of projects that reinforce how important pro bono work and public legal information are, not just domestically but internationally.

Clearly the actions of certain lawyers bring the profession into disrepute, but thousands of people across the country achieve justice through pro bono work. Does my hon. and learned Friend agree that lawyers who give their time free of charge are helping justice in this country?

In the last financial year, £601 million-worth of work was provided pro bono by lawyers in private practice—that is, barristers, solicitors and legal executives. They recognise that the time they give makes a real difference to people who would otherwise be denied access to justice.

Small community-based charities that provide services such as community transport, luncheon clubs and after-school activities play an important role in our society, but they often operate under immense financial pressure. What is my hon. and learned Friend doing to encourage more law firms to provide pro bono legal services to those small charities, to help them cut their running costs and focus their resources on making a difference in our communities?

My hon. Friend raises an interesting point. It is right to pay tribute to the existing pro bono commitment by the legal professions, working alongside the voluntary sector, to providing trustee support and other advice to a range of local charities in both her constituency and mine, and in many other communities the length and breadth of the country.

Does the Solicitor General believe that public legal understanding has caught up with the legal changes in relation to sexting and revenge pornography?

Public legal education has an invaluable role to play. I have seen at first hand in schools how the Citizenship Foundation, with the support of lawyers, runs sessions on issues such as social media and the law. The particular issue that my hon. Friend raises is extremely sensitive and important to young people in particular, and I believe that running the appropriate courses can teach them about the consequences of such criminal acts.

The legal profession may have its detractors, but one of its finest traditions is that lawyers are encouraged to undertake pro bono work. What more can be done to take pro bono work into our schools, both in Dorset and across the country?

I am grateful to my hon. Friend, who, as a barrister of some distinction in the south-west, speaks from experience about his work and the role of pro bono in the profession of which he and I are part. I urge him to liaise with law firms in his constituency, which he will know well, to spread that work through schools and colleges in his part of Dorset and the wider area.

I am sure that the hon. Member for Mid Dorset and North Poole (Michael Tomlinson) will put that tribute on his website in a matter of minutes.

I thank the Solicitor General for his replies on this topic. How can the Government further help the efforts of charities such as LawWorks, a pro bono legal advice service supported by the Law Society that targets the most needy and has offices across the UK?

My hon. Friend is right to mention LawWorks, which has been an active member of the pro bono co-ordinating committee for several years. Since October 2014, the Ministry of Justice has provided funding for the litigant in person support strategy, which is designed to help third sector organisations deliver increased support to litigants in person. I am sure that he will put that on his website.

I have done a fair bit of pro bono legal work in my time as well. It is often a substitute for inadequate access to legal aid, which was greatly cut under the last Government. Will this Government consider using interest on client account for legal aid? Each solicitor in private practice has to have a client account in which the client’s money is kept separately and earns interest. In some jurisdictions, such interest is used to fund legal aid. The Government should consider that for England.

I appreciated the constructive part of the hon. Gentleman’s question, and my colleagues in the Ministry of Justice should look at the idea. I am cautious about compulsion, however, because one of the great things about pro bono is that it is voluntary. It is all very well for him to criticise the Government for cuts to legal aid, but he will remember, because he was a Member of Parliament at the time, the so-called Access to Justice Act 1999, when a Labour Government destroyed civil legal aid, so I will not take lectures from the Labour party.

I have always been a supporter of pro bono work—both while I was a practising barrister, before I entered this House, and since—but does the Solicitor General agree that because pro bono work is voluntary, as he said in his last answer, that is precisely why it could never be used as a policy solution to sort out the Government’s cuts to legal aid?

As the hon. Gentleman well knows, neither the Attorney General nor I—nor, indeed, the Government—advocates pro bono as a substitute. It is an adjunct to legal aid, and it always should be.

Nobody will deny the worth of pro bono, and everybody will welcome it, but as my hon. Friend the Member for Wolverhampton South West (Rob Marris) said, it is no substitute for access to justice. So that we know which areas get that justice, will the Solicitor General agree to publish a list of how many hours of pro bono are available in each geographical area? That would help us to know whether there is access to justice.

With respect to everybody who works in the pro bono area, I do not want to detract from the important work of pro bono by pretending that it is somehow a legal aid service. It is not; it is voluntary. It is a vital part of what it is to be a lawyer. Not only does it provide a benefit for those whom it serves, but it is an important part of the career development of lawyers. The Conservative party is committed to funding our legal services, and we are spending just short of £2 billion a year on legal aid. It sits very ill for the Labour party to lecture us about the amount we spend on legal aid when it merrily cut legal aid while in office.

I declare an interest in that my wife is a part-time tribunal judge and legal aid lawyer.

We all praise the work of lawyers who give up their time to offer advice and assistance, just as we praise law centres and citizens advice bureaux, but does the Minister agree that those individuals and organisations cannot possibly fill the gap left by the Legal Aid, Sentencing and Punishment of Offenders Act 2012? In April 2010, more than 470,000 people received assistance on social welfare matters. Just 12 months after LASPO, the number was down to 53,000—a drop of 90%. Will the Minister please urge the Justice Secretary to bring forward the promised review of LASPO?

I hear what the hon. Gentleman says. Again, although I think it is absolutely right for us to celebrate the work of barristers, solicitors and legal executives in providing pro bono work and public legal education, this country still enjoys one of the most generous and widespread legal aid systems in the world. That is something of which we should be proud and which we should celebrate. It is absolutely wrong for the Labour party to seek to take the moral high ground given that I watched it cut the legal aid system during its 13 years in power.

Disability Hate Crimes

5. What assessment he has made of reasons for variations between police force areas in conviction rates for disability hate crimes. (905097)

A number of factors are likely to have an impact on the variation in conviction rates for disability hate crimes. I am actively considering them, and I believe that the best practice to provide consistency of approach is the network of hate crime co-ordinators that the Crown Prosecution Service has established, which includes a focus on the important issue of disability hate crime.

I thank the Solicitor General for his response, but there were an estimated 62,000 disability hate crimes in 2013, only 574 of which resulted in prosecution. As he said, there was huge regional variation in the prosecution rate. Is he as concerned as I am about that, and will he be a bit more specific about how he will address it to ensure that convictions for disability hate crime do not depend on where people live?

I am extremely grateful to the hon. Lady, who will know that I have a long-standing interest in the issue. In fact, I travelled to her region, the north-west, some months ago and met a local advocacy group based in Preston that deals with third-party reporting. Naturally, a lot of people with disabilities do not have the confidence to go straight to the police. I believe that through third-party reporting mechanisms we can bridge the gap between the 62,000 cases she mentioned and the small number of prosecutions. We have to improve that rate.

These are terrible crimes. One of the problems is inconsistency between police areas. Does the Solicitor General agree that an important role for the College of Policing is to make sure standards are consistent throughout the country?

The right hon. Gentleman is correct in his assumption. There was an invaluable round table at the national College of Policing in September, which I attended and spoke at, involving regional leads from all parts of the country. It was designed precisely to deal with hate crime, and disability hate crime in particular. By sharing best practice, such as the third-party reporting mechanisms I mentioned in my answer to the previous question, we can improve and raise the rates in relation not just to hate crime but to all crimes committed against people with disabilities.

Scotland Act 2016

9. What discussions he has had on devolution to Scotland with the Advocate General for Scotland since Royal Assent was received to the Scotland Act 2016. (905127)

As the House would expect, I very regularly meet the Advocate General for Scotland, and my conversations with him cover a wide range of topics.

Human rights are not conferred by the new Scotland Act because they are already devolved—they are not listed in schedule 5 to the Scotland Act 1998. Does the Attorney General accept that changing Scotland’s framework of human rights will require a legislative consent motion from the Scottish Parliament?

I am always amazed at the ingenuity of Scottish National party Members in asking the same question in a slightly different way every time we meet for parliamentary questions. As the hon. Lady knows, because she has previously heard the answer, the Human Rights Act 1998 is not a devolved matter but a reserved matter, and the whole United Kingdom Parliament will consider it when we bring forward proposals for change.

I am genuinely mystified at our apparent ingenuity. Clearly, human rights are not listed in schedule 5. Schedule 5 is the exhaustive list of reservations, and human rights are not on it. What is the legal basis for the Attorney General’s assertion? Human rights are devolved to Scotland.

Mr Speaker, I am not sure how many times I can get away with giving the same answer. The position is as I have set out: the Human Rights Act is a matter for the UK Parliament. I entirely understand SNP Members’ frustration at having to sit in a UK Parliament, but I am afraid that that was the decision of the Scottish people and they are going to have to live with it.

Women and Equalities

The Minister for Women and Equalities was asked—

Disabled People: Employment

1. What discussions she has had with the Secretary of State for Work and Pensions on progress towards the Government’s employment target for disabled people. (905112)

There are 365,000 more disabled people in work than two years ago. Our ambition to halve the disability employment gap is a key priority of this Government.

Ministers promise that people currently in the work-related activity group will not see their payments reduce, but all new claimants from April 2017 will see such a reduction, including many people who have learning disabilities and need the same support as people currently in the group. How will further cuts in the incomes of disabled people help to get them into work?

First, to be clear, those who would be in the support group will see no changes at all. On the specific area of those with learning disabilities, my Department, jointly with the Department for Business, Innovation and Skills, has set up a taskforce, which is chaired by my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard). We are looking at the best ways of accessing the apprenticeships scheme to help those with learning disabilities to have a greater chance of taking up an opportunity to work.

Will the Minister confirm that there have been detailed conversations about the value of the Access to Work programme and that the Government continue to be committed to it? The scheme was raised with me at the weekend by two disabled working people in my constituency who are concerned that the Government are not committed to it and that they may be let down.

The Access to Work programme is one of the incredibly important levers we are using to meet our commitment to halve the disability employment gap. I am delighted that funding has been increased to provide an additional 25,000 places a year, which builds on our near record number of just short of 37,000 people who benefit from the scheme.

What rationale was there for the Secretary of State for Work and Pension scrapping the White Paper on the health and work programme and punting the issue back to a Green Paper for an indeterminate time? Surely punting it into the long grass will, from a health or disability perspective, harm the chances of people returning to work.

My discussions with stakeholders give a very different view. A Green Paper gives an opportunity for stakeholders with genuine, first-hand real life experience to help shape our future policies and make sure that we do the very best for vulnerable people in society.

The jobcentre disability employment service has a ratio of one adviser providing support per 600 disabled people. That key cause of concern was highlighted by a Work and Pensions Committee inquiry in December 2014. Does the Minister believe that that inadequate ratio is part of the reason the Government are set to fail to reach their employment targets for people with disabilities?

First, 365,000 more disabled people have come into work in the past two years, which we are proud to celebrate, but there will be further work towards our bold ambition to halve the disability employment gap. We recognise that support in jobcentres is important. All job coaches have extensive training and are multi-skilled, but we acknowledge the feedback from the Select Committee report and will be increasing the numbers.

Employment: Women Returnees

Women returnees often have large amounts of skills and experience that offer great value to our workforce. We have invested in up-front personalised jobcentre support and will extend it to parents of children aged three or four from April 2017. Our wider package of reforms includes the new national living wage, more affordable childcare and flexible working, which will all further support women to make the transition back into work.

Single parents, the majority of whom we know are women, will be hit hardest by the Government’s cuts to work allowances. Does the Minister agree that those cuts will damage financial incentives for low-income women, acting as a barrier to returning to work?

The national living wage will have an impact for women more than anyone. It will make such a massive difference to women, and to single mothers in particular. The Government have getting women back into work in mind in a lot of what we are doing, which is why we are seeing more women in the workplace than ever before.

Will the Minister consider allowing flexible working for women returning to work after having a child from the outset, as a default, rather than them having to wait six months before they can ask for that privilege?

We have a package of measures for women who are returning to work: affordable and flexible childcare, flexible working—up to 20 million people in the UK can now apply for that—and shared parental leave. That package really supports women who want to return to work.

As the Minister will know, many women who wish to go back to work find that they are essentially earning wages to pay for childcare. With that in mind, what are the Government doing on part-time and flexible hours for those women who want to go back to work but have been discriminated against because of their need or desire for more flexible working?

I was one of those women—under the Labour Government, I was literally working to pay for my childcare. I am so proud that this Government have done more than any other to make childcare affordable and flexible; that is why parents with children aged three to four will be able to access up to 30 hours of childcare.

Order. We will get to the hon. Member for Cheltenham (Alex Chalk) in due course. He need fear not.

While this Government have cut workers’ rights, attacked trade unions’ ability to organise and legislated to block women’s access to justice, the EU has protected maternity rights, strengthened paternity rights and upheld our fundamental rights. Does the Minister agree that EU membership will protect rights for women returning to employment?

I do not agree that this Government have undermined women’s rights, but I agree that the EU has done an enormous amount to protect them.

Sentencing Policy: Child Neglect/Abuse

3. What assessment the Government have made of reasons for gender differences in prison sentencing for people found guilty of child neglect and abuse. (905114)

Child neglect and abuse are absolutely abhorrent crimes, and those who are guilty must be brought to justice. Sentencing decisions are a matter for the independent judiciary and not Government. Those decisions take into consideration a number of factors, including the seriousness of the offence, aggravating and mitigating factors, and a guilty plea. Our sentencing framework is gender-neutral.

Despite what the Minister says, according to the Ministry of Justice’s figures for the last available period 33% of men convicted of cruelty and neglect of children were sent to prison, but only 15% of women were. That does not sound gender-neutral to me. Notwithstanding the fact that those figures are clearly far too low, given that, as she made clear, these crimes are abhorrent, will she explain why there is such a huge discrepancy between the two figures? Given the nature of these crimes, she surely cannot trot out her normal answer that women are not being sent to prison so that they can spend more time with their children.

Every case is different, and, as I have said, the sentencing framework is gender-neutral, and the same criminal offences, maximum penalties, guidelines and principles of sentencing apply to every case. I say gently to my hon. Friend that data can be used to prove anything. In 2014 the average custodial sentence for child cruelty or neglect was the same for men and women, but in 2015—according to figures from the Ministry of Justice—on average women received longer sentences than men for child cruelty or neglect.

Has the Minister seen recent disturbing evidence of women who have been convicted of non-violent crime, often fraud, who are given horrendously long sentences when they should be serving their punishment by working in the community?

As I have said, the judiciary is rightly independent of the Government, but the Justice Secretary is keen on considering alternatives to custody, particularly when an individual might have child caring responsibilities. That is why we are putting a lot of effort into things such as electronic tagging.

Does the Minister agree that universal access to family planning and maternity services is paramount for the health and equality of women and girls? How will she ensure that migrant women access maternity services in the UK when they have no means of paying for those vital services?

This is in relation to those in prison, having been found guilty of child neglect and abuse—it is fair to say that it is a testing question.

I am not aware that birth control is a massive issue within women’s prisons—I certainly hope it is not, but I will take a look at that.

STEM Careers

My Department has set an ambition for a 20% increase in girls’ entry to A-level mathematics and science by 2020. We fund programmes in schools and colleges to encourage young people to take qualifications in science, technology, engineering and maths, and to improve achievement in those subjects. Those working in science and technology careers are paid on average 19% more than those in other professions, so motivating girls to study those subjects is important if we are to eliminate the gender pay gap.

Nursing is now a graduate-entry profession, and STEM subjects form part of the course for student nurses. Once they qualify, student nurses take on the role of many junior doctors in prescribing medication and ordering investigations, so does the Minister agree that nursing is a STEM career to which young women, and indeed young men, should aspire?

I know about my hon. Friend’s own nursing background, and I agree that nursing is a fantastic career for young women, and indeed young men. We are committed to strengthening careers provision for young people across England, and projects funded through the Careers and Enterprise Company’s investment fund will do just that. She may be aware of a project led by Skills East Sussex that seeks to improve the work-readiness of young people, the take-up of apprenticeships locally, and the gender balance in key sectors.

Owing to ongoing cultural stereotypes and a lack of visible role models, many women do not realise the fantastic career opportunities that engineering and STEM subjects offer until they have left formal education. What is the Minister doing to ensure that routes are available for retraining older women, particularly through adult education and lifelong learning?

I agree it is important that we tackle perceived gender stereotyping or bias in certain careers. We have funded programmes in schools, and I have mentioned things such as the STEM Ambassador network. After that come apprenticeships—the Minister for Skills bangs that drum at every opportunity—and the opportunity for someone to earn while they are learning.

More young women entering Scottish universities are choosing to study science, technology, engineering and maths, and they now make up 48% of all those gaining degrees. Will the Minister look towards Scotland as an example of how to encourage more women into STEM subjects?

As I said in last night’s debate on the Gracious Speech, I spoke to the Cabinet Minister with responsibility for education in Scotland earlier this week. There are always ways in which we can learn from each other. I should mention Loughborough University, which I represent as a constituency MP, as it has the highest number of women engineering undergraduates in the country.

I recently visited the Thales site in Crawley and saw some wonderful high-quality engineering jobs; unfortunately, not enough of them are held by women. Will the Government heed the recent findings of the CBI that over 90% are not receiving the careers advice they need, and support face-to-face careers advice from age 11, which would assist more women to enter engineering careers?

I have been very clear since taking up the role of Secretary of State for Education that we need to look at careers guidance. That is why, in December 2014, we announced our backing for the Careers & Enterprise Company, which was set up to bridge exactly that gap between schools and colleges and the world of work. I agree with the hon. Gentleman that starting early is very important. I hope that he, along with all Members across the House, has spoken to his local enterprise co-ordinator, through the local enterprise partnership, to support the work of the Careers & Enterprise Company.

Older Women in the Workplace

Older women have a whole range of skills and experiences that are extremely valuable to employers and potential employers. We are publishing a new employer-led strategy later this year, which sets out how we can help people to have fuller working lives. We will continue to challenge outdated perceptions about older workers and actively promote the business benefits of employing them.

Does the Minister agree that the key issue for older women in employment is flexibility, as they very often face caring duties? Indeed, of all carers more than half are aged over 50 and they are disproportionately female.

I absolutely agree with my hon. Friend. That is why we have invested £1.7 million to look at the best ways to support carers to stay in employment, including exploring how businesses can give employees with caring responsibility more help through flexible working and setting up carers surgeries. We have extended the right to request flexible working, with more than 20 million workers now eligible.

Age discrimination remains a problem. I am delighted to hear the Government are taking the matter seriously, but what concrete steps can be taken to ensure that older women, who are increasingly important as the pension age increases, get the opportunities they deserve?

My hon. Friend is absolutely right. It is vital that women are supported in returning to work following a break in their career. I recently attended the launch of the Barclays and Women’s Business Council “Comeback Toolkit”, which is a fantastic example of innovative working practices and inspirational case studies, such as their “Bolder Apprentice”, Lucille Galloway. She spoke passionately about how returning to a role in the workplace has transformed not only her life but the lives of those around her.

Does the Minister agree that 50 years ago women experienced far greater degrees of discrimination in the workplace, and that the impact of that discrimination is still affecting their prospects today? Does the Minister also agree that changes to the state pension age compound the difficulties and challenges women face?

My hon. Friend is right to point out that we have made great strides in gender equality, and I am incredibly proud of that. The average woman who reached state pension age in 2015 will get a higher state pension income over her lifetime than any woman who has reached state pension age at any point before her. We have legislated for an independent review every Parliament to ensure that any future changes are fair, affordable and sustainable, and that no one is unduly penalised.

Given that women are having children later in life, what thought has the Minister given to extending statutory paternity leave to six weeks to enable women to get back to employment more quickly?

We do want men to take the shared parental leave already available. The signs are that men are beginning to do that, but we need a cultural change to encourage men to take their share of shared parental leave.

I want to mention just one workplace. While it is perfectly right that someone in his late 70s should be a regular presenter on BBC television—he is younger than I am—can the Minister imagine a female of that age in the same position? Is that not a form of age discrimination by a public body?

I am obviously in favour of older male television presenters, particularly of news programmes, but absolutely we need many more female counterparts.

9. It is vital that the civil service shows leadership in this regard. In 2011, women finally achieved parity at the top of the civil service, but since the Prime Minister gave himself the power to choose the top jobs, he has painstakingly reassembled the glass ceiling, and now only 18% of permanent secretaries are women. Will Ministers commit to publishing the gender breakdown of all applicants and those shortlisted for the top jobs in the civil service? (905120)

This is a really important issue. Four of the permanent secretaries appointed in the last year are women, but we want more and that work will continue.

International Day Against Homophobia, Transphobia and Biphobia

6. What plans the Government have to mark International Day Against Homophobia, Transphobia and Biphobia 2016. (905117)

The UK is proud of its record on lesbian, gay, bisexual and transgender rights, which is why the Prime Minister and I hosted a reception at No. 10 to mark IDAHOT. The Foreign and Commonwealth Office has announced that approximately £900,000 from the Magna Carta fund for human rights and democracy will go to projects working with LGBT communities around the world. Several Departments, including mine, also flew the rainbow flag in a show of support.

And a lovely reception it was too! This year, IDAHOT drew everyone’s attention to the importance of institutions being able to further LGBT rights. To mark the day, I joined Members from across this House and the other place to highlight the benefits of our membership of the EU to further those rights. Does the Minister agree that the EU has done an awful lot to protect the rights of minority communities across the UK and EU?

I agree that it was an extremely enjoyable reception and that the EU plays a key role in improving the lives of LGBT people in Britain, the EU and internationally. We work closely with the Commission, the Council, the European Parliament and member states to improve the lives of LGBT people across Europe. Through our membership of an EU national focal points network, we can share our approach to LGBT equality law across Europe.

11. According to recent figures published by Transgender Europe, there have been 117 murders of trans and gender-diverse people in Europe since 2008. Will the Minister commit to working with our European partners to end transphobia across our continent? (905122)

The hon. Lady raises a really important point. It is why our membership of international networks, including the EU, is so important. I am proud to say that the UK can lead the way in tackling homophobia, biphobia and transphobia. We are also investing money, of course, in our own schools to make sure that the next generation shows tolerance towards everybody.

Notwithstanding the benefits, or otherwise, of the EU, would my right hon. Friend agree that one of the best ways of marking this international day is better forms of screening for diseases that affect LGBT people, one of which, of course, is the human papilloma virus?

Putting our differences aside on the EU, I am delighted to say that the public health Minister, my hon. Friend the Member for Battersea (Jane Ellison), today laid a written ministerial statement in the House stating that from June this year Public Health England will start a pilot to see whether it is possible to offer the HPV vaccination to men who have sex with men and are attending sexual health service clinics. The pilot will eventually reach up to 40,000 men at high risk of attracting HPV. I hope that the House will welcome this move.

13. A transgender constituent of mine who is being held in custody is having a very difficult time in a men’s prison. The Minister will recall that two transgender women died in men’s prisons at the back end of last year. We were promised a review. What discussions has she had with the Justice Secretary and how close are we to some outcomes from that review? (905125)

If the hon. Gentleman wants to raise a specific case with Ministers, we will be pleased to look at it. The Government are firmly committed to ensuring that the needs of transgender prisoners are fully met. The Ministry of Justice has carried out the review and it will be published shortly.

The global focus of this year’s international day against homophobia, transphobia and biphobia was mental health and wellbeing. Does the Minister share my concerns about the impact that local government cuts are having on LGBT mental health organisations in the UK, and will she take steps to protect LGBT mental health services?

I agree with the hon. Lady that mental health services are incredibly important for all people. This issue has been raised with me by members of the trans community and more broadly. I cannot agree with her that this has been caused by changes to local government finance. There is a much broader issue of making sure that services are available to people as and when they most need them.

Women in Business

We are absolutely committed to supporting women in business. I am delighted that Britain has been named the best place in Europe for female entrepreneurs. We have invested £2.2 million in our women and broadband programme, enabling them to take advantage of technology to start or grow their business. We have also run 19 nationwide “meet a mentor” sessions to provide help, support and encouragement for female entrepreneurs.

I am grateful for that answer. Wimborne Women in Business are fearless in promoting their own businesses locally, but broadband speeds in parts of Dorset remain frustratingly slow. What more can the Minister do to engage in this subject and ensure that women in business in Mid Dorset and North Poole have access to adequate broadband speeds?

We are working very hard to ensure that 95% of UK homes and businesses get access to superfast broadband. Coverage in Dorset will continue to improve during 2017 through a Government and local enterprise partnership-funded ultra-fast programme, which I hope Wimborne Women in Business will appreciate. Through the Dorset Go Digital women and broadband programme, we have supported almost 100 women in the past six months alone to take advantage of this and develop the digital skills they need to start or grow their business.

Does the Minister agree that if there were more women at senior levels in business, we might have fewer advertising campaigns such as that by Calvin Klein, featuring overtly sexualised images of young women, including what are known as “upskirt” shots? Will she join me in urging Calvin Klein and similar organisations not only to be more responsible in their advertising, but to donate some of the profits they have made to charities that are solving rather worsening the problems women face in society?

The hon. Lady is absolutely right to point out this sort of irresponsible advertising, and I recently met the advertising industry to discuss the issue. She is also right to say that we need more women on boards. Currently, 26% of the people sitting on FTSE 100 boards are women—more than ever before. This is an issue on which we will continue to work—on boards, but in the executive pipeline as well.

Revenge Porn Helpline

Let me be clear that revenge porn is an abhorrent crime. The pilot of the revenge porn helpline has received approximately 4,000 calls, relating to 785 cases since its launch in February 2015, sadly indicating a clear need for the important practical and emotional support it provides. The helpline has been successful in removing over 1,000 illegal images online.

That demand for the revenge porn helpline reflects the fact that there were more than 1,000 police reports of online revenge porn last year, yet two thirds of those cases saw no action taken because of problems with the evidence or victims withdrawing. When will the helpline and this new law be matched with police training and the option of anonymity for victims?

The Chairman of the Women and Equalities Committee raises an important issue. We criminalised revenge porn in early 2015. Last year, there were 82 prosecutions and 74 cautions. Thousands of police officers are trained in digital crime, and revenge porn is used as a specific case study in the College of Policing mainstreaming cybercrime training programme. We must ensure that victims report the crime. I will certainly raise this matter with my right hon. Friend the Home Secretary when I next see her.

Topical Questions

I hope that hon. Members will join me in welcoming the introduction of topical questions to Women and Equalities oral questions. Along with the introduction of the Women and Equalities Committee in the last Session and the cross-government Front-Bench presence here today, we are sending a powerful message to the public about the importance that this Government and this House place on equality. I am delighted that at the recent G7 Education Ministers meeting in Japan, I was able to persuade all Ministers to recognise the need to address the discrimination that children might suffer, including because of their sexual orientation or gender. That was captured in the formal summit communiqué.

I am delighted to be asking the first Women and Equalities topical question.

One group of victims of domestic violence who are not entitled to access protection consists of women whose immigration status is dependent on their partners, the perpetrators of that violence. I have raised the issue in two Westminster Hall debates in recent weeks, and two Ministers have agreed to make representations to the Home Secretary about it. Will the Minister—probably the most relevant Minister in this context—add her voice to calls for equality for all women in those circumstances?

Let me begin by welcoming the appointment of Angela Constance as the Cabinet Minister with equalities responsibility in the Scottish Government. I very much enjoyed working with her when she had the education brief in the last Government.

I will certainly look at the issue that the hon. Lady has raised. As I have said, I shall be meeting the Home Secretary soon, and I will add it to our agenda.

T2. During a recent visit to Crossrail, I was delighted to learn of the major contribution that women have made, at every level, to Europe’s largest infrastructure project. Given that both HS2 and Crossrail 2 are on the horizon, will the Minister tell us what action has been taken to retain those women and their skills, which are so important to the future of our infrastructure projects? (905103)

As a result of the Government’s unprecedented investment in transport infrastructure, opportunities for women in construction will continue to grow, and we must build on Crossrail’s excellent example. The industry already has some great role models, including Ailie MacAdam, who led the team that delivered the channel tunnel rail link, managed the construction of St Pancras International, and was a delivery director for Crossrail. I hope that many young women will follow in her footsteps.

T3. The Scottish National party is committed to reviewing and reforming gender recognition law in Scotland so that it is in line with best practice for people who are transgender. Will the Minister join me in applauding that approach, and will she press for such legislative change here, through her own Department? (905104)

As I have made very clear, discrimination on any grounds is abhorrent, and the Government want it to end. There is more discussion now about issues facing the trans community, and I pay tribute to the work of the Women and Equalities Committee, which has published an important report on transgender issues. The report made a number of recommendations to Departments throughout Whitehall; we are studying those recommendations, and will respond to them fully in due course.

T4. Will the Minister join me in congratulating The R&A on barring Muirfield golf club from hosting the Open championship in the light of its decision not to admit women as members? Does she think that the club should put that right, and admit them? (905105)

T6. What conversations has the Minister had with the Home Office about the equalities implications of the Prevent strategy? In a written submission to the Home Affairs Committee, terror watchdog David Anderson QC said that the strategy would benefit from an independent review, expressing the concern that “aspects of the programme are ineffective or being applied in an insensitive or discriminatory manner.” (905107)

I think it will be clear to the hon. Lady from the Home Office representation at this session that such conversations are taking place, but I note the point that she has made.

T5. By the age of six, young girls have begun to decide which roles are for them and which are for boys, often to the detriment of careers in science, technology, engineering and mathematics. In many cases, that is because certain toys are marketed for girls, and most science toys are marketed for boys. What plans have the Government to show that young girls do not have to limit their career aspirations? (905106)

I know that my hon. Friend is passionate about this issue. As I have said, no career should be off limits because of factors such as gender, race or sexual orientation. Careers education in primary schools, including initiatives such as Primary Futures, is important to broadening horizons and bringing children’s learning to life. I mentioned the Careers & Enterprise Company earlier; I hope that Members in all parts of the House will support their local enterprise co-ordinators.

T7. Given the importance of the health and work programme, which supports disabled people who are unable to work or gain access to work, will the Minister ask the Secretary of State for Work and Pensions to publish his Green Paper as a matter of urgency, so that disabled people do not have to wait any longer to access support? (905108)

The Green Paper gives a fantastic opportunity for stakeholders, with their first-hand experience and knowledge, to help shape the policy, and, where there is local best practice, to look for ways in which we can scale that up.

The White Paper on education that I published in March reinforces our commitment to develop a diverse supply of school leaders. More than 450 women are benefiting from our equality and diversity fund, and earlier this year I announced a women in education network to support women’s career progression. I have called on exceptional school leaders to come forward and pledge to coach women into leadership, and 300 have already signed up to do so.

This matter was raised in the Women and Equalities Committee’s report. Evidence was taken on it and it is something that we are considering, along with all the other issues in that report.

The Secretary of State very kindly referred to the Select Committee earlier. We have produced two reports so far in our short existence: one on the gender pay gap and one on transgender people. One of those reports is now five months old, and we have yet to receive a response to either of them. When can we expect those responses?

I always say that if you want something done, ask a busy woman, and they certainly make up the majority on the Women and Equalities Committee. I am delighted to see that it has been so busy. My right hon. Friend mentions two reports: one on transgender issues and one on the gender pay gap. They make recommendations for cross-government co-operation. I want to ensure that we get the best possible responses, but I expect to publish them shortly.

I hope that “shortly” means well before the summer recess. That seems to be a very tardy response indeed. This is really not very satisfactory.

In February, Women for Refugee Women made freedom of information requests on the number of pregnant women being detained under immigration rules. What has happened since has been described by as

“an instruction manual in obfuscation and delay”.

Can the Minister explain why the Government are so reluctant to reveal this information, and tell us when they will finally release the data?

The detention of pregnant women under Immigration Act powers occurs only in limited situations, either when there is a clear prospect of early removal or in exceptional circumstances. Very few pregnant women are detained. Central recording of the number of detained women who have disclosed their pregnancy started in August 2015. Options for the collection of wider data on pregnant women are being considered as part of the implementation of the Immigration Act 2016, which has just gone through this House.

I am sure the Minister will be aware that, against a background of tens of thousands of gun murders every year, 11 states in the United States have decided that the question of who uses which bathroom is the key issue affecting public safety. Will she assure me and the House that our Government will not go down that path and that they will focus on real public safety priorities rather than the ones being imagined as a result of prejudice in the United States?

I thank my hon. Friend for his question and I am more than happy to have a conversation with him about his concerns. This is not something that has been raised with me previously.

Order. Just before I call the hon. Member for Ross, Skye and Lochaber (Ian Blackford) to put his urgent question, I would emphasise that although it of course covers an extremely important matter—and is, by definition, urgent—exchanges on it should be completed by 11 o’clock. We have the business question to follow, and a ministerial statement by way of an update on the steel industry and a very heavily subscribed main debate thereafter. The time limits will therefore need to be strictly enforced.

Brain Family: Deportation

Urgent Question: Mòran taing agus madhainn mhath, Mr Speaker. To ask the Secretary of State for the Home Department if she will make a statement on the impending deportation of the Brain family from Dingwall.

By convention, Ministers do not usually comment on individual immigration cases on the Floor of the House. However, I am happy to waive that convention today to properly address the question raised by the hon. Member for Ross, Skye and Lochaber (Ian Blackford).

Kathryn Brain came to the UK in 2011 on a tier 4 visa, which expired in May last year, with her husband and son listed as her dependants. On 25 May last year, Kathryn Brain applied for leave to remain under tier 4 of the points-based system, again with Mr Brain and her son listed as dependants. In June, this was granted to December last year. In December, an application was made for leave to remain under article 8 of the European convention on human rights—the right to a family life—which in March was refused with an out-of-country right of appeal.

In this time it has of course been open to the family to make a tier 2 skilled work application under the points-based system. On 12 April, I exceptionally extended the 28-day grace period after their leave expired, during which a valid tier 2 application could be made, to 11 May. Upon hearing that Mr Brain had submitted a job application with an appropriate employer, I subsequently extended the grace period further on 28 April to the end of this month. We have not yet received an application from the Brain family for leave to remain under the points-based system, but we will consider any application that they make. I am meeting the hon. Member for Ross, Skye and Lochaber again this afternoon, but he can be assured that the family do not face an imminent risk of immediate deportation.

More broadly, it is important to recognise the UK’s excellent post-study offer. There is no limit on the number of international graduates who can remain in the UK to take up graduate-level work, provided that they secure a graduate job paying an appropriate salary. Since 2010, visa applications from international students to study at Scottish universities are up 9%. I look forward to meeting the hon. Gentleman again later today to discuss the matter further.

I am grateful to the Minister for his response, although I must say that the question was to the Home Secretary. After all, it was the Home Secretary who briefed the Chancellor when he responded to my right hon. Friend the Member for Moray (Angus Robertson) at Prime Minister’s questions yesterday.

The family came to this country under the fresh talent initiative that was put in place by the previous Labour Administration in Edinburgh, with the support of the Home Office, for students studying at Scottish universities, who would then qualify for the post-study work visa. That was the commitment that this Government made to those coming to Scotland in 2011. In this case, the Government have taken retrospective action to deny the rights that this family would have been granted under that legislation. It is a breach of trust and of faith from this Government.

I want to help the Minister. The number of people who came under the fresh talent initiative has now dwindled to virtually zero. We are asking the Government to recognise the commitment that the family have made to the highlands and to Scotland. I look specifically to seven-year-old Lachlan, who is in Gaelic medium education in the highlands. He reads and writes in Gaelic, not English. He speaks English, but it is a different thing to be able to be educated in a different language. The thought of deporting that young boy back to Australia, where he will be two years behind his peer group, is shameful. That is where the human rights aspect comes in.

I can tell the Minister today that Kathryn Brain has now been offered a job at the new GlenWyvis distillery in Dingwall. It is a start-up business that will offer a job and prosperity not only to Kathryn, but to others. We need to recognise that the family should be given the right to stay today. Give them the time to qualify for the tier 2 visa. Show some compassion and humanity. All of us should be judged on our actions. For goodness’ sake, Minister, do the right thing today.

I have met the hon. Gentleman to discuss this case previously. He says that I should show compassion and humanity, but he will know that I have already exercised discretion not once but twice in this case on the basis of representations he has made on the family’s behalf. I obviously listened carefully to what he said, and I look forward to meeting him later to hear more about the details that he has relayed to the House this morning and to reflect further on his representations.

I want to correct slightly some of the facts that the hon. Gentleman has presented. He said that the family came here under the fresh talent scheme, which closed in 2008 and was replaced by the post-study work scheme under tier 1. The latter scheme was closed by the coalition Government and that announcement was made on 21 March 2011. From the information that I have, the Brain family arrived in the UK on 14 June 2011. There are clear issues to consider about post-study work opportunities and moving from the tier 4 study route into tier 2. I was pleased to note in the latest figures that I have seen that around 6,000 people did that in the last year for which information is available.

It is important that the Scottish Government continue to play their part in creating an enterprise economy, using their powers to create jobs and opportunities for the hon. Gentleman’s constituents and to provide a route for people who study at our universities to get graduate-level employment. The previous arrangements simply did not work. They allowed abuse to take place and resulted in people moving into low-skilled employment, not reflecting the education that they obtained. However, I wish to reflect further on the comments that the hon. Gentleman has made to me today, and I look forward to meeting him later.

There is nobody more passionate about having a robust immigration policy than me, but I just wonder whether the Minister would agree that this may be a case where the Government are being too harsh on people from outside the European Union, as a direct consequence of having free movement of people from within the European Union.

I say to my hon. Friend that when dealing with issues of migration it is important that we take steps both outside Europe, where the majority of net migration continues to come from, and inside Europe. Therefore, our approach is to look at this in both ways, but, as I have indicated, I will certainly reflect on the further representations that are made to me.

First, I would like to express my heartfelt sympathy to the Brain family, who came here in good faith and have been let down by this Government. Their case is yet another that highlights the chaos of the immigration system under this Government. The Brains’ situation will be familiar to many Members in this House, who will have seen their own constituents faced with deportation owing to changes in the immigration rules. Let us be clear about what is involved here. This family came to the UK on a Government scheme specifically designed to attract people to relocate here. They entered legally, they have integrated into their community and they have fully embraced its way of life. That they should now be faced with deportation because of Government changes shows the problems caused by the constant chopping and changing of the immigration rules by the Home Office. These changes are retrospectively made, in a desperate attempt to meet targets on net migration that the Government have consistently missed and show no sign of meeting any time soon—it just adds insult to injury.

The highlands of Scotland have for centuries faced the problem of depopulation. The population of Scotland has barely grown in the past 100 years. As the right hon. Member for Moray (Angus Robertson) correctly said yesterday; the Brains’ case is not an issue of immigration, but of emigration. Our immigration system must allow us the flexibility to meet the needs of our communities. It must not focus solely on an arbitrary number put in place from Whitehall. Of course there must be rules to govern immigration, and it is important that these rules are enforced, but this is also an issue of compassion. Should we really be uprooting a young family, who came to the UK legally and in good faith, from the lives they have built here? Should we be deporting children whose whole lives have been here, to a country they barely know?

I would like to ask the Minister a few questions. Why do the Brain family no longer qualify under the original visa terms under which they came to the UK? I understand what the Minister said about extending the application process, but given that these terms were changed by the Government, what support has the Home Office provided to assist this family? Why is the Home Office making this an issue of immigration, as opposed to one of emigration, as under the original scheme?

I say to the hon. Lady that the help provided has been the discretion that has already been applied in this case, not once, but twice, in allowing extra time for the family to regularise their stay. It is therefore completely incorrect to suggest that we have taken a blinkered approach or have simply applied a strict one, although she has sought to criticise us for that.

On post-study work, it is important that the House understands that we made these changes not to target some simple number, but to deal with abuse in system, which this Government inherited from the last Labour Government. We had students arriving in this country who could not speak English and were using this route as a mechanism not to study but to work. We have, however, shown that we are prepared to listen in this case. In continuing to reflect on it, we have already taken representations from the hon. Member for Ross, Skye and Lochaber, who is representing his constituents. As I have indicated, that is what we will do, but I make the point that the family have known for at least five years what the requirements would be. They have known of the need to get a graduate-level job. We wish them success in securing that, and obviously I look forward to hearing further representations on this matter.

This case highlights the fact that Scotland’s migration needs are really very different from those of the south of England. I can assure the Minister that the Scottish National party Government in Edinburgh have created an enterprise economy. What we need now is for the UK Government to do their bit by bringing in a sensible migration policy that will enable Scotland to attract and keep the talent that we need, particularly in areas such as the highlands. When will this Government recognise that Scotland’s migration needs are different? In particular, will the Minister tell me when his Government will reintroduce the post-study work visa, bearing in mind that all parties in the Scottish Parliament, including the Ruth Davidson party, support that?

Our immigration policy is formed on the basis of the whole of the UK and of the needs of the UK in attracting skilled and talented people to contribute to our continued economic growth, which is what I have underlined to other hon. Members in the answers that I have given. On the shortage of skills, we do recognise and reflect on the fact that there is a separate shortage occupation list on which we prioritise the visas that are given to people coming to work in the United Kingdom. The reason we took the step that we did in relation to post-study work is that we saw abuse of it. Some have referred to the fresh talent scheme. Well, the information from the Scottish Government’s social research in 2008 indicated that only 44% of applicants had remained in Scotland at the end of their two years’ leave under the scheme and that many people had come to London and the south-east rather than staying in Scotland.

We have heard a great deal about the fresh talent scheme. Does my right hon. Friend agree that the fresh talent scheme that was run under the previous Labour Government was indeed flawed and did not lead to skilled migrants settling in Scotland?

Order. That is all very well, but it has nothing to do with Government policy now, or the particular case with which we are dealing. We must deal with things in an orderly way.

The Brain family enjoys support throughout the highlands and islands. I have heard of many similar cases over my years as a Member of Parliament. The Minister is absolutely right to say that we must have a system that works for the whole of the United Kingdom, but the truth of the matter is that the current system does not work for communities such as those in the highlands and islands, the rural north-west of England, Cornwall or mid-Wales. Will he look again at the way in which the rules operate and understand that the immigration needs of Aberdeen, Edinburgh and Glasgow are very different from those of the highlands and islands, which again are different from those in other regions of England and Wales?

The point that the right hon. Gentleman makes is one that a number of hon. Members have made this morning, and I have already said that there is recognition of that within the immigration rules. Some have asked whether there should be separate salary thresholds for different parts of the United Kingdom. Again, I say that they should be careful what they wish for, because on the median-level salaries, that might lead to an increase in the salary thresholds for Scotland as contrasted with where the national salary limits actually sit at present. I have been very clear on the fact that we have listened carefully on this specific case, and I will continue to do so.

The Home Affairs Committee, the Business, Innovation and Skills Committee and other Members of this House have warned the Government that the post-study work rules just do not work, and that they result in the kind of mess that we have this morning. The Minister talks about abuse, but the only evidence that has been given by a previous immigration Minister is of one person who was found at a checkout at Tesco who was working instead of being a student. I say to him that if there is abuse, deal with it, and do not let it affect genuine people who want to come to this country. The Minister says that he has exercised his discretion twice. I am glad that he has discovered discretion, because he has not used it in the past on a large number of cases—especially mine. He should exercise it once more and allow this family to stay.

The right hon. Gentleman highlights the abuse that we saw under the previous student arrangements. I point to the fact that 920 sponsors under the previous student arrangements have had their sponsorship withdrawn as part of the reforms, which have ensured that we have the quality that we want. We want to attract skilled and talented people to come and study at our universities. The Russell Group universities have seen a 7% increase in the number of international students coming to study at their institutions. I think I have underlined to the House this morning that I have considered this case carefully and that I have exercised discretion. I will certainly continue to listen to the representations made by the hon. Member for Ross, Skye and Lochaber, and I will always consider representations made by all hon. Members across this House, but it is important that discretion is exercised exceptionally; otherwise we start to undermine the rules themselves.

I have recently had a substantial increase in the number of people telling me that immigration lawyers will not take their case. That appears to be a result of changes in procedure, meaning that there is little chance of success even when right is on the side of the appellant. Why will not the Government take the opportunity afforded by the Brain family case to re-assess their immigration rules and procedures and introduce that note of compassion, as well as helping those who benefit our economy to stay in the UK?

We always keep our immigration rules under review and, as I have indicated again this morning, we are always prepared to look at cases that may be brought to us and examine them to make sure that they are assessed properly, but it is important that we have clarity within those rules. If we seek to exercise discretion all the time, obviously that starts to undermine the very rules that we are seeking to uphold.

A week before the Scottish referendum the Prime Minister said that if Scotland wants to stay in the UK, all forms of devolution are there and all are possible, yet when at least 95% of Scotland’s MPs, the Scottish Government and the Scottish Parliament want to keep just one family in the highlands of Scotland, it seems that nothing at all is possible. Young Lachlan Brain is in a Gaelic school in Dingwall—one can hardly get a more Scottish name than Lachlan—yet the Westminster Government want to throw him out. May I ask the Minister one question: has he identified a school in Australia where Lachlan can continue his Gaelic education?

We continue to discuss with the Scottish Government the possibility of examining reform in relation to international higher education students. We welcome the continuation of those discussions. The UK has an excellent record in relation to the post-study offer available to graduates of Scottish universities. As I have indicated again this morning to other right hon. and hon. Members, I will continue to listen to the representations that are made in respect of this case and consider them carefully.

Instead of spending time and resources on the deportation of this family, is it not time that the Home Office got its actions right and ensured that dangerous criminals such as Noureden Mallaky-Soodmand, who attacked people in Stockton, are deported after their first offence, rather than waiting for them to offend again?

This Government take very seriously the removal of foreign national offenders and those who pose a threat to this country. The hon. Gentleman will see from figures released today that the numbers of foreign national offenders who have been removed are at a five-year high. We continue to work across Government to achieve more, and I will reflect on the specific case that the hon. Gentleman has referred to me.

I congratulate my hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) on his urgent question and commend the work of my right hon. Friends the Members for Gordon (Alex Salmond) and for Moray (Angus Robertson), and our colleagues in the Scottish Parliament and the First Minister for the attention that they are giving to this case. By his very admission at the Dispatch Box today, the Minister has made it clear that the family find themselves in their present position as a direct result of changes in the rules. It is another example of this Government’s continuing lack of attention to and understanding of the positive effect that immigration has on this country. They are allowing rhetoric on immigration to fuel the EU referendum debate. It is time for this Minister to stand up, do the right thing and prove that “Project Fear” in relation to immigration will not be allowed to win the day in the EU referendum.

The Government certainly do recognise the contribution that skilled and talented people from outside this country can make to our economy, and I have been very explicit about the way in which our immigration rules are designed to facilitate that. We announced the closure of the post-study work route in March 2011, which was before the family arrived. However, I will certainly continue to reflect on further representations and to consider those—and, indeed, any further application that the family may wish to make—very carefully.

Does this case not confirm that UK immigration policy simply does not work for Scotland? Scotland needs families like the Brains—we need dynamic young families such as them to come to live and work in Scotland. We have different demographic challenges, and we simply do not share this Conservative Government’s obsession with immigration figures. Will the Minister at least start a conversation with us about a sub-national immigration policy throughout the United Kingdom so that we can fashion an immigration system fit for Scotland?

We have an immigration policy that we continue to reform to ensure that it acts in the best interests of this country. I do not accept the characterisation that the hon. Gentleman gives. We will remain open to discussions with the Scottish Government about a range of issues. We are very clear about attracting skilled and talented people. There are ways in which people can move from education into work, but it is important to have that separation to avoid the abuse that we saw in the past.

Should the Minister not bear in mind two things? First, since he has come to the Dispatch Box no Conservative supporters of his have supported in any way the decision the Home Office has made. Secondly, would it not be appropriate to understand the strength of feeling that Opposition Members have expressed throughout these exchanges? It is always important to recognise when the House of Commons feels very angry and upset over a decision, and I hope the Minister will bear that in mind.

The only decision that is outstanding from the Home Office at this stage is the extension of time that we have given the family on two occasions to make a further application on the basis of employment in Scotland or the rest of the United Kingdom. Of course I will continue to reflect on representations, and that is precisely what I will be doing in the meeting I will hold later today with the hon. Member for Ross, Skye and Lochaber.

The Government have gone back on their word—that is what has caused this problem. We hear a lot from the Government about their thoughts on one nation. Which nation does the Minister think is benefiting from this obtuse and retrospective immigration arrangement?

Again, I remind the hon. Lady of when the decision was announced to close the post-study work route—in March 2011—and of when the family arrived. They obviously have had many years to know what the situation is. I obviously wish them success, and I will continue to reflect on representations.

Is it not the case that the head-shaking from those on the Government Front Bench and the fact that two of the people who were sitting there have not been able to stay for a full half-hour demonstrate the Government’s attitude? On immigration policy for the UK as a whole, is it not time to revise the £35,000 threshold? Clearly, there are wage differences regionally, so that threshold needs to be reviewed.

No. Again, that rule has been clearly set to show progression and, therefore, benefit to the UK economy, whether in Scotland or elsewhere. Obviously, we have provided certain exemptions in relation to certain sectors. However, I think that that rule benefits the UK.

Meal do naidheachd—I too congratulate my hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) on the passionate way in which he has represented his entire constituency. This family are desperate to contribute to the highlands, and the highlands are desperate to keep them. What gives anyone the moral right to impose a decision on the highlands that nobody in the highlands wants?

Ultimately, the family need to find employment at the appropriate level. That is why I have made the points that I have about the Scottish Government and the work they do to see that there is a strong economy that is creating the jobs that actually create the environment people need to stay and work in Scotland. That is the important part of this.

As an MP for a rural constituency—one that is experiencing depopulation—I am dismayed that the Government are preparing to throw out of Scotland a family who have moved into the highlands and who are contributing positively to their community. Why are the Government determined to make our depopulation problem worse by sticking to this unfair and unjust action? The rules are clearly out of date and outmoded.

As I have indicated, there is no immediate prospect of the family being removed from the UK, and obviously we remain open to any further application that they may wish to make. I stress the point about the ability of the Scottish Government to create the jobs and the environment needed for people to stay.

Point of Order

On a point of order, Mr Speaker. As you know, we had the first ever topical questions session in Women and Equalities orals this morning. I warmly welcome that, and I want to put on record my thanks to the Leader of the House and to the Minister for Women and Equalities for supporting their introduction. Unfortunately, we had a few teething problems with the new arrangements that meant that I was unable to raise the topical—indeed, imminent—issue of the importance of the impending European Union referendum for women. Given the alarming suggestion by the Employment Minister that we could scrap half of what she called

“the burdens of…employment legislation”—

like maternity leave and part-time workers’ rights—by leaving the European Union, may I ask you, Mr Speaker, whether she has indicated to you her intention to come to the House to make a statement about her intentions?

I have received no such indication at all, but I hope that the hon. Lady is satisfied that she has put her point on the record, which I think was her principal—indeed, perhaps her only—concern. If there are no further points of order—I sincerely hope there are not, because there should not be, and therefore there cannot be, and therefore there will not be—we come to the business question.

Business of the House

The business for the week commencing 6 June will be as follows:

Monday 6 June—Remaining stages of the Investigatory Powers Bill (day 1).

Tuesday 7 June—Conclusion of the remaining stages of the Investigatory Powers Bill (day 2).

Wednesday 8 June—Opposition day (1st allotted day). There will be a debate on an Opposition motion. Subject to be announced.

Thursday 9 June—General debate on carers. The subject for this debate was determined by the Backbench Business Committee.

Friday 10 June—The House will not be sitting.

The provisional business for the week commencing 13 June will include:

Monday 13 June—Remaining stages of the Policing and Crime Bill (day 2).

I should also like to inform the House that the business in Westminster Hall for 13 June will be:

Monday 13 June—Debate on an e-petition relating to foreign aid spending.

I am sure that the whole House will want to join me in wishing many happy returns of the day to my right hon. Friend the Leader of the Opposition and to my hon. Friend the Member for Torfaen (Nick Thomas-Symonds). Happy birthday!

Today is the last of six days of debate on the Gracious Speech, and I think we have all reached the same conclusion: this Government are completely hamstrung by Europe.

“The government has nothing to do, nothing to say and thinks nothing.”

Those are not my words; they are the words of the sad man on a train, Michael Portillo. It is the British public who are paying the price for the Government’s paralysis. Will the Deputy Leader tell us why the Government dropped plans for a Bill to include the names of the bride’s mother on marriage certificates? The current system is a patriarchal throwback; society has moved on. We support the move in principle, so what is stopping them? May we have a statement on how the Government plan to meet their manifesto commitment to halve the disability employment gap, given that there was no mention of that in last week’s speech?

The Government could not even bring forward a ban on wild animals in circuses. The Prime Minister said he would do that in the previous Parliament, but did not. The Conservatives promised it in their 2015 manifesto, but so far, nothing. Only two travelling circuses in Britain still use this cruel practice; it really cannot be that difficult to introduce a ban. I wonder whether it has anything to do with the fact that the company that trains the animals for the circuses is based in Witney?

May we have a statement on NHS recruitment in the light of the study from the National Union of Students and Unison published yesterday showing that scrapping bursaries for student nurses will deter 2,000 people from training for careers in the NHS? The health service already has a recruitment problem, and nursing remains on the occupational shortfall list, so why do the Government insist on making it worse?

There has been much debate about debates this week, specifically the TV debates for the EU referendum. What should the format be? Who should the speakers be? For the sake of the viewers, I think we should pick the most entertaining advocate for each side. For Brexit, I suggest the hon. Member for Uxbridge and South Ruislip (Boris Johnson), and remain could be represented by the former Conservative Mayor of London.

For those who complain that it would not be a fair and balanced debate, let us imagine how it would play out. On the unlikely prospect of Turkey’s ascension to the EU, pro-EU Boris might again say:

“I believe our generation has a historic chance…to build a bridge between the Islamic and the Christian worlds”,


“What are we saying if we perpetually keep Turkey out of the European Union just because it’s Muslim?”

Brexit Boris, on the other hand, could recite his poem in which he insultingly found a rhyme with Ankara and suggested that the Turkish Prime Minister had an inappropriate relationship with a goat. [Interruption.] I’ll get there.

On America, pro-EU Boris could point to his joint US-British citizenship and once again stress the importance of our special relationship, while Brexit Boris could suggest that we should not pay attention to President Obama because he is “part-Kenyan”. Brexit Boris might bemoan the European regulations that ban bunches of more than two bananas—a claim that pro-EU Boris might call “demented”.

For their closing statements, Brexit Boris could read from his column in The Daily Telegraph in which he announced he would be backing the leave campaign, while pro-EU Boris could read from the same column in the same edition, which he wrote in case he decided to back the in campaign.

The serious point is that the next Prime Minister will not be chosen by the public; it is Conservative party members who will have the final say on our country’s leader. All I will say to them is that they should look across the Atlantic, where their sister party is trying to put into office a two-faced populist who is completely without principle, who incites violence against journalists and who is willing to say anything, no matter how offensive or plainly false, as long as it takes him a step closer to power. They should ask themselves whether they really want to do the same here.

I thank the hon. Member for Great Grimsby (Melanie Onn) for her questions about the business. I also extend my birthday wishes to the hon. Member for Torfaen (Nick Thomas-Symonds) and the Leader of the Opposition, and to my hon. Friends the Members for Spelthorne (Kwasi Kwarteng) and for Tiverton and Honiton (Neil Parish).

I congratulate the 20 Members who won today’s ballot, particularly the hon. Member for East Dunbartonshire (John Nicolson). I feel somewhat sorry for their staff, because they are probably already fielding hundreds of emails and phone calls. Nevertheless, we look forward to their proposed legislation, which we will debate in due course.

The hon. Member for Great Grimsby talked about Europe. She and I are united on the matter: we both believe that Britain will be better off staying in a reformed EU. However, she overestimates the issue with regard to the Conservative party. We are absolutely united and are a one nation Government. The Scottish National party voted against the British people having their say, and the Labour party used to vote against it, but at least we agree that this important issue will be settled for a generation on 23 June. I look forward to the result.

Today we will conclude the debate on the Gracious Speech, which the House and the nation have welcomed as the next step in delivering security for working people, increasing life chances for the most disadvantaged and strengthening our national security. We have important Bills to finish—we will conclude our deliberations on the Investigatory Powers Bill next week—before we start our programme of 21 new Bills in our one nation Queen’s Speech, which will enable us to make further progress.

In the past six years, 31 million people have received a tax cut. Millions of young people are starting apprenticeships and getting into skilled work. The national living wage is benefiting 3 million workers, and more people are being given the chance to own their home. The Queen’s Speech builds on those measures and uses the opportunity of a strengthening economy to go further.

We will have a chance to debate measures including giving every household a legal right to a fast broadband connection, if they request it; reforming and speeding up the planning process to help build more homes; introducing a lifetime individual savings account to help young people save for their future; speeding up adoptions and giving children in care more support; making prisons places of education; and preventing radicalisation and tackling extremism. [Interruption.] Somebody said that we discussed that last week. Of course, we are still debating the Gracious Speech and we will discuss 21 Bills during this Session.

My right hon. Friend the Leader of the House is in the USA this week as part of a cross-party parliamentary delegation, further cementing the special relationship between our two countries, although I do not know whether he has met either presidential contender. I was also with an all-party parliamentary group this week on a visit to the Chelsea flower show, which is another marvellous institution. I visited a garden called “A Suffolk Retreat”, designed by Frederic Whyte in partnership with the Pro Corda Trust, which provides world-class ensemble training to exceptional musicians. I particularly want to mention it because it is based in my constituency. I really hope that we can bring the garden back to Suffolk.

While I was at the Chelsea flower show, I noticed the melinis flower and the melliodendron, which is lightly fragrant with pale pink fleshy flowers—very apt for the hon. Member for Great Grimsby. I do not know whether the shadow Leader of the House is also into gardening, but I suggest that he might like to christen a new variety of rhododendron the “Rhonddadendron”.

The hon. Member for Great Grimsby referred to several important pieces of legislation, and I suggest that she should be patient. We won the election last year and there are still four years of this Government to go. I am sure that, in due course, the Government will fulfil their commitment to some of the measures that she mentions.

It really matters to me that we try to achieve some cross-party consensus on the fact that we need more nurses. The Labour party led an important debate on the matter the other week. I thought that the approach was interesting, because we have a shared view on the outcome but have proposed different solutions for achieving it. The bursary route has limited the number of people who can become nurses. We are proposing a way in which more people can become nurses, and that will be good for our NHS. I am conscious of the fact that many people want to speak, so I will finish on that, and I look forward to further business questions.

Order. As the House will know, my normal practice is to seek to accommodate everyone who is interested in coming in on the business question. That is, of course, much more challenging today, given that there is a statement to follow and no fewer than 49 hon. and right hon. Members are seeking to catch my eye in the main debate. Therefore, there is a premium on single, short supplementary questions without preamble, the seminar on which will be led by Rebecca Pow.

I am deeply honoured, Mr Speaker. Thank you. May we have a debate on microplastics? Evidence suggests that microplastics found in cosmetics and personal care products that we all use, such as shower gel, shampoo and even toothpaste, are getting into the watercourse and damaging marine life, and they are potentially a hazard to human health.

My hon. Friend raises a really important matter, and I know that the Government are looking at it carefully. The vitality of our oceans and our rivers is important for nature and for our country. Businesses are trying to eradicate these things from their products, and the Government are working on that with them and encouraging them to do so. Some people might say that this is a good example of something on which we can work with our European neighbours to ensure that action goes across many more markets so that we can eradicate these potential dangers. I am sure that the Government are leading on that matter.

I thank the Deputy Leader of the House for announcing the business for next week. I wish I could thank the Office of the Leader of the House for sending me a note to tell me that the Leader of the House would not be here this morning; if they had done so, my hon. Friend the Member for Ochil and South Perthshire (Ms Ahmed-Sheikh) would certainly have done business questions. That is another obvious failure by the Leader of the House.

We need an urgent debate on the Representation of the People Acts. The Prime Minister effectively admitted at the weekend that the Conservative party had broken electoral law. To be fair, according to him it was just a “misdeclaration”—an honest mistake—as though our electoral laws were some sort of optional extra. Our electoral laws are in place to secure the integrity of our democracy, and any transgression must be viewed as a very serious matter. That is why this week I have reported the Conservative party to the Metropolitan police to ensure that this is properly investigated. Now is the time for the Government to start to take these issues seriously. We need a debate on the Floor of the House so that we can properly consider the matter.

Even though he is not here, I am sure that the Leader of the House will be thrilled to learn that the Scottish Parliament will today formally back EU membership. Only a couple of Tories will vote against it; all other MSPs will support the motion. May we have a debate about the impact on our devolved legislatures and the consequences of a leave vote, particularly given that the Secretary of State for Scotland yesterday conceded to the Scottish Affairs Committee that no contingency plans are in place if Scotland is dragged out of the European Union against our national collective will? We need to know what the consequences will be for Scotland, Wales and Northern Ireland if we are dragged out, particularly if we do not vote to be taken out of the European Union.

Lastly, I do not know when the Leader of the House intends to bring forward his legislation to reform the House of Lords in response to the Strathclyde report, but we must have an opportunity to table an amendment so that this House can vote on the abolition of the House of Lords, with Labour reformers and Conservative Members who are very unhappy with the other place joining us to rid this nation of that circus of donors and cronies once and for all.