41 Baroness Barker debates involving the Home Office

Wed 10th Feb 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Mon 1st Feb 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Mon 25th Jan 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Committee stage
Mon 14th Sep 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Lords Chamber

Committee stage:Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords

Domestic Abuse Bill

Baroness Barker Excerpts
Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021

(3 years, 5 months ago)

Lords Chamber
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-VI(Rev) Revised sixth marshalled list for Committee - (8 Feb 2021)
Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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My Lords, I thank all the noble Lords who have spoken in this debate. As the noble Baroness, Lady Burt of Solihull, set out, Amendment 163 seeks to allow victims of domestic abuse who have a joint social tenancy with the perpetrator to transfer the tenancy into their own name and to prevent the perpetrator from unilaterally ending the tenancy.

We certainly recognise and sympathise with the motivation behind this amendment, as expressed very eloquently by all noble Lords who have spoken. As the noble Baroness, Lady Burt, said, abusers who seek to control their victims by threatening to unilaterally end a tenancy and make their victim homeless—or indeed who actually do make them homeless in this way—are exercising a particularly cruel form of control.

The amendment would apply to local authority and housing association tenancies. By way of background—as I am sure noble Lords will know—these social tenancies are usually in place for a tenant’s lifetime, as long as the tenant adheres to the terms of the tenancy and, as such, a lifetime security of tenure is a valuable asset. That is why we are including provisions in the Bill which seek to protect the security of tenure for victims of domestic abuse when they are granted a new tenancy by a local authority for reasons connected to that abuse.

The current legislation means that, where any joint tenant of a periodic tenancy serves a notice to quit, it ends the whole tenancy and the landlord is able to seek possession of the property. This is a long-standing rule, which has been established in case law and was upheld by the Supreme Court in the 2014 case of Sims v Dacorum Borough Council. The rule seeks to balance the interests of each joint tenant, as well as those of the landlord. For example, a victim of domestic abuse who has a joint tenancy with the perpetrator, and who has fled their home to escape abuse, would be able to end the tenancy to ensure that they are no longer bound to it with their abuser.

We do recognise that, in some cases of domestic abuse, as noble Lords have pointed out today, a perpetrator could use this rule to exert control. We understand how this proposed new clause seeks to overcome this important issue. The victim through it would be able to apply to the court to remove the perpetrator from the tenancy, which would effectively transfer the tenancy into the victim’s name. The perpetrator would also not be able to end the tenancy unilaterally.

We have certainly looked carefully at it and I am afraid we have some concerns with the effect of the amendment as drafted. One is that the amendment does not consider how any liabilities that might have occurred during the course of the joint tenancy, such as accrued rent arrears or damage to the property, would be apportioned between the tenants. As the perpetrator would no longer be a tenant, they would no longer be liable. That certainly ought to be considered. As a result, the victim and any remaining joint tenants would be left responsible for any liabilities, even if they were not fully responsible for contributing to them. We need to ensure that the victim and any remaining joint tenants are not put at any disadvantage by changes to the law in this area.

Another concern, picking up the point raised by my noble friend Lord Young of Cookham is that the amendment does not provide for how the interests of third parties—including the interests of any other joint tenants, children, or those of the landlord—might be taken into account by the court.

It is for landlords to decide whether to grant a tenancy for their property, and on what basis. This amendment would mean that, where a landlord grants a joint tenancy to two or more individuals, the number of tenants could be changed without consideration or consent from the landlord as the owner of the property. Landlords may decide to grant a joint tenancy for a number of reasons, including affordability and because joint tenants are jointly and severally liable for paying rent or looking after the property. In addition, this could result in interference with a housing association landlord’s own rights under human rights law. Since this engages other parties’ human rights, including those of the perpetrator, we need to consider very carefully the right approach in order to balance those rights, and to ensure that any interference is proportionate and justified.

It is important that we carefully consider the practical and legal issues, such as these, before we decide what the right approach is to protect victims in this situation, and whether that includes making changes to legislation so that we can ensure that any proposals have the outcomes which I am sure all noble Lords intend them to have.

Today’s debate has certainly contributed to that process. We would welcome further evidence on the scale of the issue, including how many victims wish to remain in a property where the perpetrator knows where they live. I understand that officials at the Ministry of Housing, Communities and Local Government are continuing to engage with the domestic abuse commissioner and her office, as well as the domestic abuse sector more widely, on the termination of joint tenancies in order better to understand this issue.

We understand how important this issue is as part of a whole housing approach. I would like to take this opportunity to recognise the work that is being done by the domestic abuse and social housing sectors together in supporting victims of domestic abuse. I am aware that many landlords are already committed to taking action through sector-led initiatives such as the Making a Stand pledge.

I am very happy to underscore our commitment to continue working with the sector in considering these issues, with a view to arriving at a workable solution. I repeat my thanks to the noble Lords for their contributions today, which have contributed to that important debate. We will certainly continue to consider it, but in the meantime I would ask the noble Baroness to withdraw her amendment.

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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I have received a request to speak from the noble Lord, Lord Kennedy of Southwark.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab Co-op)
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My Lords, I listened very carefully to the noble Lord’s explanation. Could I just ask that the noble Lord reflects on this after the debate? The noble Baroness, Lady Burt of Solihull, has identified a really practical issue here. It is real. This will be our one chance to sort it out in this Bill. When the noble Lord gave some of his answers, I just thought, “Really?” I just think he needs to think about it more. This is a simple solution to a real problem. I am sure he talks to the charities and to the commissioner. The abuser can cause the victim real problems here. They will deliberately do that and we need to stop that. I hope he can reflect on that and that we can have this discussion again on Report and seek a solution.

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Amendment 163 withdrawn.
Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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We now come to the group beginning with Amendment 164. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or anything else in the group to a Division must make that clear in the debate.

Amendment 164

Moved by

Health Measures at UK Borders

Baroness Barker Excerpts
Thursday 4th February 2021

(3 years, 5 months ago)

Lords Chamber
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Baroness Barker Portrait The Deputy Speaker (Baroness Barker) (LD)
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We now come to the 30 minutes allocated to Back-Bench questions. I ask that questions and answers be very brief so that I can call the maximum number of people.

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I thank the noble Lord for his question. It is very nice to see him after so long; I have not seen him for ages. My right honourable friend the Home Secretary did say that too many people were going in and out of the country, which helps to spread the virus and risks new variants going in and out. I have a very old figure for the percentage of individuals who may be carrying the virus into the country, but I suspect it is out of date. That figure is 2%, but I am going back nearly a year now. If it is wrong, I will give the noble Lord a more up-to-date figure. I suspect it is not correct now.

Why are the quarantine hotels taking so long? I presume that was the question. It is a DHSC matter, and it has to procure the hotels and put Covid-secure arrangements in place for people to quarantine. Some of the arrangements in Australia are incredibly stringent.

Baroness Barker Portrait The Deputy Speaker (Baroness Barker) (LD)
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We have a technical problem with the noble Lord, Lord Bradshaw, so the next speaker will be the noble Lord, Lord Lancaster of Kimbolton.

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My noble friend makes a very good point, because there has been a lot of fraudulent and scam activity around the coronavirus. The only thing this leads to is misery, because if you produce a false test—a false certificate to say that you have had a negative test—you put yourself and others around you in danger. I am sure that our good Border Force has measures in place at the border to try to spot some of this fraudulent activity. In relation to compliance, we have stepped up some of the enforcement measures and the follow-up work to ensure that people are self-isolating, and we are also checking more people at the border.

Baroness Barker Portrait The Deputy Speaker (Baroness Barker) (LD)
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I call the noble Lord, Lord Bradshaw.

Lord Bradshaw Portrait Lord Bradshaw (LD) [V]
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Speaking—[Inaudible].

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Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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I suggest that we move on to the next speaker.

Baroness Barker Portrait The Deputy Speaker (Baroness Barker) (LD)
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I call the noble Lord, Lord Hunt of Kings Heath.

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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My noble friend is right about the importance of the passenger locator forms being accurate and people being honest, and of some of those follow-up checks, with enforcement if necessary. As I said to earlier speakers, those checks are being stepped up. People are flouting the rules because they do not think they apply to them. As the noble Lord, Lord Kennedy, said, 109,000 people have died, and it is very important that people stick to the rules so that we can protect the NHS and save lives.

Baroness Barker Portrait The Deputy Speaker (Baroness Barker) (LD)
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Finally, with any luck, I call the noble Lord, Lord Bradshaw.

Lord Bradshaw Portrait Lord Bradshaw (LD) [V]
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I wanted to ask the Minister whether the rules apply to general aviation as well as to ordinary civil aviation.

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Baroness Barker Portrait The Deputy Speaker (Baroness Barker) (LD)
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That was worth waiting for.

House adjourned at 7.47 pm.

Domestic Abuse Bill

Baroness Barker Excerpts
Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021

(3 years, 5 months ago)

Lords Chamber
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-IV(Rev) Revised fourth marshalled list for Committee - (1 Feb 2021)
Clauses 18 to 20 agreed.
Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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We now come to the group beginning with Amendment 57. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or any other amendment in this group to a Division must make that clear in debate. I should inform the Committee that if Amendment 57 is agreed to, I cannot call Amendment 58.

Clause 21: Provision that may be made by notices

Amendment 57

Moved by
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Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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I have received a request to speak after the Minister from the noble Lord, Lord Paddick.

Lord Paddick Portrait Lord Paddick (LD) [V]
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My Lords, I am grateful to the Minister for his application, but I have to confess to being slightly confused or, at least, lacking some detail from his arguments. At one point, he said that the wording in the Bill is similar to other protective orders and that is why the Government do not support the amendments; yet, at others, he said that the reason why it is not consistent with other protective orders is that they are different.

I do not expect the noble Lord to be able to give me chapter and verse here and now as to why knife crime protection orders are different from domestic abuse protection orders, but I would be very grateful if he could write to me to explain why, on the one hand, the Government argue that the wording needs to be the same as other protective orders, while on the other, they argue that the amendments are faulty because they are different from other protective orders.

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Amendment 79 not moved.
Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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We now come to the group beginning with Amendment 80. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate. Anyone wishing to press this or anything else in this group to a Division must make that clear during the debate.

Amendment 80

Moved by

Domestic Abuse Bill

Baroness Barker Excerpts
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021

(3 years, 5 months ago)

Lords Chamber
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-II(Rev) Revised second marshalled list for Committee - (25 Jan 2021)
Clause 1 agreed.
Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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We now come to the group beginning with Amendment 6. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate, and anyone wishing to press this or anything else in this group to a Division must make that clear in the debate.

Clause 2: Definition of "personally connected"

Amendment 6

Moved by

Domestic Abuse and Hidden Harms during Lockdown

Baroness Barker Excerpts
Tuesday 19th January 2021

(3 years, 6 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Burt, for their questions. First, I pay tribute to the noble Lord, because it was he and I who exchanged words in a debate around the code word, and it is very pleasing that it has now come to fruition. He asked about taking it forward and about co-ordination. Taking it forward is not just about a phone call; it is absolutely about the first port of call to enable the woman—usually it is a woman, although it might be a man—to be dealt with in the appropriate way, at the appropriate time. Obviously, that may not be in the pharmacy; it will be by the relevant professional, depending on the case. But, yes, it is not just about picking up the phone in the pharmacy and hoping for the best. There has to be far more of a co-ordinated approach.

The noble Lord also talked about the reach of the statement by the Prime Minister that anybody who needs to leave home because of domestic abuse can do so—they are the exception. I agree with him that that statement got far more traction this time than last time, but it was not that it was not mentioned; I think it was the fact that the Prime Minister mentioned it so publicly in the daily update. I think people are in no doubt about the fact that, if you are a victim, you can leave home.

The noble Lord also said that the £76 million was slow to get out. I understand that £27 million of that funding has already got out, so he is not wrong about it being a third—but, of course, it is the annual amount and, therefore, we would not want to spend the whole lot now. I think that the £11 million is on top, but I shall correct that if I am wrong. The £76 million is for four of the organisations that have been granted awards, which are focused on the impact on children; the noble Lord talked about children, and a number of funds focus on them. The Department for Education and the Home Office have funded Operation Encompass, with £194,000 of funding to provide a support helpline for teachers to assist children affected by domestic abuse. There is an £8 million fund for the “well-being for education return” scheme, funded by the DHSC, DfE and PHE. Of course, he will know about the “You are not alone” campaign, which has been incredibly successful, gaining 130 million take-ups on social media.

Some forces have actually developed incredibly clever technology for taking statements discreetly so that a woman or a victim of domestic abuse does not very obviously have to go to a police station. I know that Gloucestershire police have instigated DA response vehicles.

The noble Lord mentioned the £11 million Barnardo’s fund to support 50,000 vulnerable or hidden children. The Home Office launched the “Something’s Not Right” communications campaign to help children exposed to a range of harms. On top of that, there is the NCA’s Thinkuknow campaign for parents concerned about the online safety of children, which is vital during the lockdown. There are quite a number of packages of support, so noble Lords will see that children are at the heart of our response.

The noble Lord talked about the increase in the capacity of the sector to meet the demand. I think that noble Lords will agree that some packages of funding that we have delivered or will be delivering will meet that capacity. He also talked about the postcode lottery, which is important. When I first went into MHCLG, there was a really patchy picture of people who could access DA services versus those who could not. The duty on first-tier local authorities goes some way to address that.

Both noble Lords talked about the sustainability of funding. I cannot disagree with that because it is crucial for services to be able to make long-term decisions instead of having to lurch from one set of funding to the next.

The noble Baroness, Lady Burt, talked about migrant women. We had the opportunity to discuss them during the passage of the Domestic Abuse Bill. She will know that there is a £1.5 million pilot programme up and running to see where some of the gaps in the provision for migrant women lie. However, let me make it clear that any woman or man suffering domestic abuse will get the support she or he needs.

Baroness Barker Portrait The Deputy Speaker (Baroness Barker) (LD)
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We now come to the 20 minutes allocated for Back-Bench questions. Questions and answers should be brief. I call the first speaker, the noble Baroness, Lady Jenkin of Kennington.

Police National Computer

Baroness Barker Excerpts
Tuesday 19th January 2021

(3 years, 6 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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My Lords, I will start with that assertion by the noble Lord, Lord Paddick: this does not relate to SIS II. This issue was a human error. Both noble Lords talked about IT systems; again, this was a human error, but it would be churlish of me not to discuss what the Home Office is doing about IT systems. We are delivering a number of new national IT systems to replace ageing critical national infrastructure and provide modern digital services that extend and enhance police capability. They have already delivered some valuable new capabilities to front-line policing: for example, to do fingerprint checks in the field and to extend ANPR coverage significantly.

Noble Lords are right that there have been some delivery challenges. The noble Lord, Lord Paddick, talked about the ESMCP, where I share his frustration. I have been focusing on it closely, and a new programme director was appointed in August last year, with the support of an interim SRO. The focus has been on greater transparency to the emergency services. On that note, the emergency services need confidence that the programme will deliver, for which testing has to be done.

The noble Lord, Lord Paddick, was right in his breakdown of the numbers. On the point that this is not serious, it is. I do not think that my right honourable friend the Policing Minister tried to downplay that yesterday, in any way. It is serious. In answer to the noble Lord, Lord Rosser, who asked whether the deletion is not that important—no, it is important. It is important to show how the process that my right honourable friend outlined yesterday is going to work. The first stage is to bring back the data, not to try to restore that which has been deleted, as that could cause worse problems. We will do a close analysis by the close of play tomorrow. We will recover the relevant data and, fourthly and importantly, we will ensure legal compliance in all the moves that we make.

Back-ups are, of course, held for all systems but due to the scale, the complexity and the dynamic nature of how the affected systems interact, restoring from back-ups needs to be undertaken in a very controlled manner. Our technical teams are now working at pace to identify how to do this safely. As I said, we should complete this analysis very shortly, and it will give us the full picture of what needs to be done.

On the question from the noble Lord, Lord Paddick, about deleted records on police systems, I understand that the engineers managed to stop some of the activity before it could proceed any further. That is certainly a part of the analysis that is being done today, and the extent of that will be further understood.

The noble Lord, Lord Rosser, asked why we do not have an external review. The reason it is an internal review is because it is an issue of human error and the Home Office engineers are having to work at pace to identify the full list of affected records. The analysis is due to be completed, as I say, very shortly. There will be a lessons-learned exercise. Of course there will be a full lessons-learned review. As for who will carry out that, it may be an external person. I can certainly find that out for the noble Lord, Lord Rosser.

Baroness Barker Portrait The Deputy Speaker (Baroness Barker) (LD)
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We now come to the 20 minutes allocated for Back-Bench speakers. I ask that questions and answers be brief so that I can call the maximum number of speakers.

Immigration Rules: Supported Accommodation

Baroness Barker Excerpts
Thursday 17th December 2020

(3 years, 7 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I cannot say that I agree with the noble Lord that we are acting so harshly. My right honourable friend the Home Secretary is trying to give refuge to those who genuinely need our asylum, but to crack down on some of the huge level of criminal activity that leads people to risk unsafe journeys, and thus their lives.

Baroness Barker Portrait The Deputy Speaker (Baroness Barker) (LD)
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My Lords, the time allowed for this Question has elapsed.

Brexit: Refugee Protection and Asylum Policy (EUC Report)

Baroness Barker Excerpts
Tuesday 22nd September 2020

(3 years, 10 months ago)

Grand Committee
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Baroness Meacher Portrait Baroness Meacher (CB)
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My Lords, I too congratulate the EU Committee, whose report is comprehensive, clear and informative; it is really quite excellent. I want to put a number of questions to the Minister. No doubt her wind-up speech will respond quite automatically to some of them but, in so far as that is not possible, I wonder whether the officials might respond to some of the unanswered questions today.

As the report says, a UK withdrawal from the Dublin system after Brexit would result in,

“the loss of a safe, legal route for the reunification of separated refugee families in Europe”,

as my noble friend Lord Jay quoted. In a no-deal scenario, the impact on refugees really could be appalling. Can the Minister give an assurance that a temporary extension of the current arrangements will be put in place in the event of no deal until a satisfactory alternative system can be generated? It does not seem a lot to ask.

Very concerning is the fact that the UK does not participate in the family reunification directive, under which the participating EU countries have common rules governing the exercise of the right to family reunification by their country nationals, including special rules for refugees. The report points out that:

“The Government has indicated its intention to establish a new strategic relationship on asylum and migration with the EU—replicating some of the key principles of Dublin”.


I emphasise “some”. Can the Minister indicate which principles the Government do not plan to include in their new strategy, and why not?

I share the concern of the committee about a potential reduction in the reunion rights of vulnerable unaccompanied children; a number of noble Lords have already referred to this incredibly upsetting issue. Can the Minister assure the House that the Government will actually increase the protection against disruption to family reunion afforded by the Immigration, Nationality and Asylum (EU Exit) Regulations 2019, and can she spell out what the additional protections will be? Future UK-EU asylum co-operation should include a framework for the speedy resolution of refugee family reunion cases, ideally based on continued UK access to the Eurodac database. Can she give the House any information about these issues?

Can the Minister comment on the conclusions of David Bolt, the UK Independent Chief Inspector of Borders and Immigration? He said—I thought very tellingly—that

“the Department had handled family reunion applications as if they were visit visa applications”,

and that the Home Office had been

“too ready to refuse family reunion applications on the basis of insufficient evidence”,

instead of giving the applicant more time to produce more evidence, which might result in a much fairer and more efficient outcome. Bolt made the point that the readiness to refuse came from seeing these applications as “the wrong thing”. I do not fully understand all that, but it certainly sounds deeply worrying. Despite an improvement following the Bolt report, evidence from other witnesses shows that stakeholders continue to have significant concerns over the process for reuniting refugee families in the UK.

Probably the most upsetting aspect of the refugee tragedy is the fact that unaccompanied children are not allowed to sponsor their parents to come to the UK. The Refugee Council said that these restrictions condemned some of those children never to see their family members again. I find that shocking. Can we really continue with such a policy? I think not.

Not quite as bad as the position of unaccompanied children, but nevertheless also unacceptable, is the rule that family reunification does not allow so-called non-dependent children to be reunified with their families in the UK. What this means in practice is, of course, that the family has to leave behind an 18 year-old or so daughter or son, and we know that, in a number of countries, a daughter on her own with no family protection at all could be in serious jeopardy. Again, I hope that the Minister can reassure us that this will be dealt with.

The report rightly refers to the Home Office’s failures to assess the evidence available and its tendency to apply an

“excessively high standard of proof”

in family reunion cases. It also states that the Home Office regularly exceeds the time limit to conclude these cases under the Dublin regulation, and the time taken is, as we all know, no small matter. Delays can have long-lasting and serious impacts on the mental and physical health of vulnerable child refugees, who have already suffered enough before they arrive here.

An anomaly that should surely be sorted out when we leave the EU is that local authorities receive £25,000 over five years to support a child with a family who arrive through a resettlement scheme, but nothing to support an unaccompanied child and help with the costs of the care system. How can that be justified? Perhaps the Minister can comment on that.

Finally, lengthy periods of detention for asylum seekers need to be thought about. The Refugee Council noted that the UK was the only country in Europe that did not have a maximum time limit for immigration detention. As noble Lords know perfectly well, thousands of people are detained each year for long periods, costing £100 million annually and affecting the health and well-being of the detainees—and, of course, many of those are children. Again, do the Government plan to right this wrong? I sincerely hope so.

After all that, I suppose that I need to say something positive. I understand that the UK has a good record on implementing the refugee resettlement programmes. Indeed, I understand that the UK can claim to be a global leader in resettlement, so we are able to do things properly. I congratulate the Government on that success and hope that they can extend that good practice to the other areas that I have mentioned.

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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My Lords, as the noble Baroness, Lady Quin, has withdrawn from these proceedings, I now call the noble Lord, Lord Blencathra.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Baroness Barker Excerpts
Lord Bishop of Durham Portrait The Lord Bishop of Durham [V]
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My Lords, I speak in favour of this group of amendments and, in particular, address my comments to Amendments 39 and 40. I concur with the excellent points made by the noble Baroness, Lady Hamwee, in the introduction to this debate, as well as those made by the noble Lord, Lord Ramsbotham, and others who have spoken since.

I would like to further emphasise the human and moral cost of our current and proposed detention system. The effect of indefinite detention, which lasts in some cases for months or even years on end, is devastating on the mental and physical health of detainees. Hopelessness promoted by a lack of knowledge over what comes next and flashbacks to past trauma are common experiences.

I offer an illustrative example, collected by the Jesuit Refugee Service, of the impact of our present system. Oliver was conscripted into the army at 17. He had no choice—he was taken off the street one day on his way home from school. He managed to escape after eight years but was captured, imprisoned underground and tortured. He was the victim of human trafficking twice, once being sold into slavery and once when he was taken to Europe. He arrived in the UK in July 2015, immediately made himself known to the authorities and claimed asylum. He was taken into immigration detention at Dover and moved to Harmondsworth IRC.

Oliver spoke no English. He had committed no crime. The incarceration triggered flashbacks to his imprisonment underground in his home country. He was examined by doctors and found to be suffering from PTSD. He had clear injuries on his body, which were ratified by a medical examination as being signs of torture conducive with his experience. After three months in detention, he was released to Section 4 accommodation in Cardiff. A year later, he was suddenly detained again and taken by taxi from Cardiff to Dorset. This time he was released after 18 days and finally granted indefinite leave to remain in 2019.

I could have filled a much longer speech with many other examples, including those of children, victims of trafficking, slavery and sexual abuse, and of people repeatedly detained in a highly traumatic environment that served no purpose in protecting the wider public. These amendments do not dispute that detention can serve a valuable, even critical, purpose, including—in a small number of cases—the protection of the public. What these amendments would do, however, is demand that the purpose of detention is clear and justifiable in each case, and cannot be of unlimited duration or used repeatedly in ways which have been shown to be immensely harmful to detainees. Unlike the noble Lord, Lord Green of Deddington, I believe that the public recognise that detention for long periods is not the way that we treat human beings in our country. We all want a better, respected asylum system, but detention detracts from that. I hope that the concerns in these amendments can be addressed.

Baroness Barker Portrait Baroness Barker (LD)
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My Lords, it is quite some time since my colleague and noble friend Lady Hamwee introduced this group of amendments with such eloquence and in her customary informed, thorough way. I would contrast her remarks with the assertions made by the noble Lord, Lord Green of Deddington. In speaking on this group of amendments, I wish to take us away from the traditional route of making policy by assertion and look towards some evidence.

In normal times, there are usually between 1,500 and 2,000 people detained under immigration powers at any one time. When the pandemic kicked in earlier this year, in March, there were about 1,400. According to Detention Action, that number then fell because of the fears of Covid striking in both prisons and IRCs. By 21 April, the total number of people had fallen to 708; 368 of those were detained in IRCs and 340 under immigration powers in prisons. So the number of people had roughly halved in a very short period of time.

What was the effect of that—on public safety, on levels of absconding or on anything at all? We all know the public cost of detention; it is about £30,000 per person per year. We know from the eloquent testimonies across the House about the cost to the health of individuals of being detained—and, principally, of being detained indefinitely for long periods. Can we begin to talk about the cost and benefit to the Government of indefinite detention? We hear very little about that.

As I will not be speaking again, I want to address one other issue. The Minister quite rightly told us at the beginning of our debates that this legislation was simply a matter of unifying the way in which the country treats people making asylum or immigration claims from the EEA and Switzerland with those from the rest of the world. She will not be surprised to hear that I think we treat LGBT asylum seekers from all over the world appallingly. We have spoken about this many times.

Digital Evidence

Baroness Barker Excerpts
Monday 7th September 2020

(3 years, 10 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The public consultations on the Attorney-General’s Office’s updated disclosure guidance and the Criminal Procedure and Investigations Act code of practice ended recently, and the AGO is seeking to implement them later this year. It will implement the recommendations made in the 2018 disclosure review and the Justice Select Committee report on disclosure published in July 2018.

Baroness Barker Portrait Baroness Barker (LD)
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Will the review which the Minister mentioned consider whether there is a differential effect on women raising complaints because of the way in which digital data is used by police?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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I am sure that it will take such things into account, perhaps particularly the anxiety that women might feel when handing over something that is so much more about our lives in general now than just being a phone. That is where the balance must be struck. We want women to come forward. Rape is such an underreported crime, and we want people to come forward, not to feel hindered.