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

Baroness Falkner of Margravine Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020 Lords Chamber

[Baroness Falkner of Margravine (Non-Afl)]

My Lords, I start by explaining that I am married to someone who has gone through the EU settled status scheme after having lived here for more than 25 years. His experience as a German national was relatively straight- forward, albeit expensive. The dénouement came when his citizenship ceremony took place. Other new migrants had been given crib cards showing the words of the national anthem, but they were unable to sing it when the audio system broke down in the town hall in the middle of their rendering of “God Save the Queen”. Suffice it to say that while we are good at most big things, we tend not to be able to pull off small but symbolic things very well in this country.

Turning to the Bill, I shall pick up the thread of the concerns of the noble Lord, Lord Russell of Liverpool, about data and statistics that will determine the future rights of some EU citizens. The Financial Times recently showed up the discrepancy between the Office for National Statistics data and the reality of the number of EU citizens in the UK who may be eligible for settled status. According to the ONS, some 3.4 million people from the EU are eligible for settlement. However, the number of EU migrants who have applied to stay after Brexit already exceeds the official estimate. At the end of May, there had been some 3.6 million applications. The FT surveyed EU embassies and discovered that the UK Government had underestimated the EU-born population of the UK by more than 500,000 people.

This is reminiscent of Mr Blair’s breezy estimates about how few people would move to the UK when people from the A7 countries were allowed to come, but it is more serious because of its consequences. When the deadline for applications comes on 30 June 2021, there are likely to be people who will lose their legal status overnight and face wrongful deportation. I understand that the Home Office has said that it will take a “flexible and pragmatic approach” and that anyone with “reasonable grounds” for missing the deadline will be given further opportunities to apply. I would like to hear from the Minister what the flexibility and reasonable grounds criteria will be. What opportunities will be available and, more importantly, will they be publicised to EU nationals and their family members? That further opportunity is bound not to be taken up if people do not know about it.

In Committee, I will press for an improvement in the granting of visa for the tech industry. When I was chairing the EU Financial Affairs Sub-Committee, we heard from numerous groups about the importance of a fast-track, simplified system for people who establish start-ups or work in the fintech sector. There is a vast amount of data on the success of those born abroad in driving growth in the fastest growing companies. Half of the UK’s fastest growing companies have at least one foreign-born co-founder, according to studies. As time is short, I shall pick up on this theme in Committee. In the meantime, I look forward to the Minister’s reply to my questions.

Child Refugees: Turkey and Greece

Baroness Falkner of Margravine Excerpts

Wednesday 11th March 2020 Lords Chamber

[Baroness Williams of Trafford]

In terms of proactivity, clearly, we engage with our European counterparts. We are still engaged in the Dublin process, which goes both ways; in fact, we take more children than we transfer back. On the Statement, we will lay an Act Paper by 22 March on our policy regarding future arrangements between the UK and the EU for family reunion of unaccompanied asylum-seeking children.

[Baroness Falkner of Margravine (Non-Afl)]

My Lords, the Minister will be aware that the Greek Government have suspended the processing of asylum applications for a month under emergency legislation, as permitted by the EU. Are the Government having any conversations with the Greek Government to see whether they can assist them in not prolonging this situation and in fulfilling their international obligations—because they are international obligations, irrespective of the get-out clause given by the EU? Also, are they doing anything to facilitate taking the children, as other noble Lords have suggested?

[Baroness Williams of Trafford]

We stand ready to take any children the UNHCR in Greece identifies and for whom it requests transferral to the UK. The fact that the Greeks are currently suspending those transfers because of the coronavirus is of course a matter for the Greek authorities, but we stand ready to receive those children who are identified and referred to us.

Immigration Control (Gross Human Rights Abuses) Bill [HL]

Baroness Falkner of Margravine Excerpts

2nd reading (Hansard): House of Lords
Friday 15th December 2017 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, I join every other speaker in the House in congratulating the noble Baroness, Lady Kennedy of The Shaws, on bringing this Private Member’s Bill to the Floor of the House. I will be with her every step of the way in ensuring that we get as much support as we can to make it pass.

Before I commence the substantive part of my speech, I declare under category 2 of the Register of Lords’ Interests my role as a remunerated chair of the Five Rights campaign, a new human rights campaign.

The Bill is very timely, coming as it does a year after the signing into law in the United States of the Global Magnitsky Human Rights Accountability Act, on 23 December 2016. This went a step further than the Magnitsky Act 2012, in bringing the provisions of that Act, which were specifically directed towards Russia, into a global framework so that there would not be impunity anywhere in the world for people who commit human rights violations. We in the UK should be extremely proud that we are trying to move in the same direction today. This Bill will also bring clarity and give teeth to the travel ban aspect, which is currently missing in other legislation, including the Criminal Finances Act, which others have mentioned.

I too have the privilege of knowing Bill Browder and take inspiration from his courageous leadership, which is so frequently absent from commercial life.

In the late 1990s and into the early 2000s, I worked for the Commonwealth Secretariat and had particular responsibility for its good governance, human rights and democracy aspects. That was the period when, for example, the regime of Robert Mugabe in Zimbabwe was committing heinous human rights violations. The Commonwealth ministerial action group charged with oversight and powers to sanction countries in that regard knew what was going on. We had verification and Foreign Ministers knew exactly what was happening, yet we sat in utter and complete frustration as international tools and law, as well as United Kingdom law, did not provide us with any ability to stop Robert Mugabe, his henchmen and his wife coming to the UK for medical treatment—or, more likely, to spend their ill-gotten gains in our high-end stores in this capital city.

Another useful example is Pakistan, where an individual called Altaf Hussain was thought to have committed enormous numbers of human rights violations, which he sanctioned while living in self-imposed exile in London. He was a known person of interest to UK law enforcement. There were a minimum of at least 31 charges against him in Pakistan itself, for allegations of murder, money laundering and a multitude of other human rights abuses. However, he was able to preside over and interfere in Pakistani politics with impunity. I have heard a Pakistani describe it as such: he was running something akin to SPECTRE from the Bond movie. This diminished the United Kingdom in the eyes of millions of ordinary non-partisan Pakistanis who were not involved in politics. They read every day of the violations that were occurring—the murder, the torture and the beating of his opponents in Pakistan while he sat here in London. If this Bill had been in place, that could not have happened. It tarnished the reputation of the United Kingdom.

Clause 1(2), which refers to Section 241A of the Proceeds of Crime Act 2002, is particularly important as it defines “unlawful conduct” more broadly. The UK has long had a reputation for tolerating financial crime and wrongdoing in terms of welcoming people who have ill-gotten gains. But this does not include only the developing world, although the two examples I have used do. It covers many other states too.

As far as I know, London is one of the few cities of the world which has a kleptocracy bus tour, although I understand that the organisers are planning to expand to New York shortly. I took this tour last year with my family, as I saw it as an essential part of my learning and that of my teenage daughter. It was not a pretty sight. I suggest that other noble Lords take this tour—it takes off from Whitehall Place, not very far from here, and takes little more than two hours. It provides a real insight into who owns London, our capital and home to Europe’s largest financial services sector.

Corruption and money laundering is not of itself a gross human rights violation within the ambit of our narrow interpretation of human rights, but the two often go hand in hand, with those who are grossly corrupt often outsourcing their intimidation, torture and murder to others in order to silence public officials who cannot be bought off. If one superimposes a map of gross human rights violations on to a map of corruption in Russia, central Asia or the Caucasus, it is the same states that come up. That applies to other regions of the world as well.

There is secrecy at government level here in the UK that allows us, the public, to never be clear on what basis the wrongdoers are here in the UK. We see in our Library briefing that the then Minister of State for Security and Immigration, James Brokenshire, stated in response to a Written Question that:

“The UK has a long-established practice of not routinely commenting on the details of individual immigration cases”.


This is what the Bill throws light on. We cannot allow that to continue. It suggests that the Government prefer to continue dealing with shady people on the basis of a nod and a wink—presumably on the basis that they are close to people in power that the Government wish to keep sweet and on side. I know that this is not a foreign affairs debate, but I say to the Minister that, if she had heard the condemnation of Saudi Arabia on 16 November in a Statement on Yemen, she would know what I am talking about.

The era of gross hypocrisy on the part of states is over, and the public demand to know what their Government are up to. The US Magnitsky list is an unclassified document, with classified sections as and where necessary, but only on grounds of national security interests and consistent with congressional intent. Legislators can request that names be added and evidence can be obtained from US and non-US sources. This is important, as those on the ground in those rights-violating states are best informed of the facts.

We often find that countries hide behind the excuse that we will leave the sanctions regime to be implemented at the EU and UN levels. While I am highly supportive of smart sanctions, we also need to see our own country rising to the challenge. This Bill would improve and fast-track the ability of UK authorities to take action themselves where international bodies have not reached agreement or are too slow to respond.

I conclude by urging the Government to support this Bill. The year 2018 will be the 70th anniversary of the Universal Declaration of Human Rights. It will also be the year when the UK hosts the Commonwealth Heads of Government Meeting—the first time that the UK will have had that role this century. In a post-Brexit environment, what a powerful signal it would be if the Government followed Canada’s example and incorporated this Bill into law by April 2018.

Aviation Security

Baroness Falkner of Margravine Excerpts

Thursday 5th November 2015 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, the Minister mentioned the discussion that the Prime Minister is having with President Sisi today. Is Her Majesty’s Government’s position as a candid friend to Egypt that to deal with terrorism does not mean that it is appropriate to lock up the thousands of democracy activists, secularists, bloggers and all manner of people who simply want to express their right to free speech and to have an opinion? Will the Prime Minister’s discussions take into account that you do not fight terrorism by locking up people who just ask for democracy and human rights?

[Lord Ahmad of Wimbledon]

As I am sure the noble Baroness is aware, we have broad discussions with the Egyptian authorities and others over the concerns that she is raising in relation to human rights. These continue. My noble friend Lady Anelay is specifically responsible for human rights within the Government. We continue to raise these issues. The meeting took place at 12.45 this afternoon and matters of mutual interest were raised. We defend human rights, raising concerns there as they are put to us, not just in our discussions with Egypt but with other friends and allies across the world. It is right to raise these issues.

Syria: Christian Refugees

Baroness Falkner of Margravine Excerpts

Wednesday 9th September 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

I assure the noble Lord that the Government take all persecution against any minority very seriously. In his consideration, he mentioned the Christians; and we have seen the appalling scenes against the Yazidis. All minorities who are suffering such persecution at the hands of this hideous ISIL entity will be dealt with in the proper way, by ensuring that their vulnerabilities are protected and they are given the protection they deserve.

[Baroness Falkner of Margravine (LD)]

Does the noble Lord agree that Muslim countries, the Gulf states and particularly Saudi Arabia, which are oil rich, should be taking their share of refugees from Syria—on the basis not of religious apartheid but of vulnerability, need and genuine fear of war and persecution?

[Lord Ahmad of Wimbledon]

I totally agree with the noble Baroness. Let us put it into context: every religion of the world, at its inception and in its fundamentals, talks about non-discrimination. The countries around that region should put their faith into practice.

Airports Commission

Baroness Falkner of Margravine Excerpts

Monday 7th September 2015 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, in making the decision on Heathrow or Gatwick, depending on which it is, will the Government publish after the decision the considerations of the legal delays that might occur depending on which decision is taken? It would seem to me that the advocates of Heathrow should surely want for the first spades to start the construction work as soon as possible. However, Gatwick seems more plausible in terms of fewer political and legal interventions.

[Lord Ahmad of Wimbledon]

The Government have already made clear that they wish to proceed on whatever option is pursued on a speedy basis. That is why we set up the commission report in the first place and the Government have made clear that they will take a decision. In terms of the proposal about legal issues or whatever, it would be speculative for me to comment on those on this occasion because that decision has yet to be taken.

ISIL

Baroness Falkner of Margravine Excerpts

Thursday 2nd July 2015 Lords Chamber

[Lord Bates]

As a Conservative politician, I am on sensitive ground here in being invited to remark on the BBC and feelings of incredulity. This is the serious point behind the Prevent strategy: if ISIL is to be defeated, it requires everyone to speak up for what British values are, to stand firm for them and to speak out against those who seek to undermine them.

[Baroness Falkner of Margravine (LD)]

My Lords, would the Minister accept that when the Defence Secretary said on the “Today” programme this morning that MPs need to rethink attacks in Syria, he did not define a legal basis for those attacks if President Assad is still considered the foe, as was repeated by his colleague the noble Baroness, Lady Anelay, only last week in my debate on Syria? Secondly, would the Prime Minister’s “full-spectrum response”, very clear sighted though it is, entail going into Afghanistan and Pakistan when ISIL is dislocated from the Middle East into those countries, or further still?

[Lord Bates]

Clearly these are very fast-moving situations. National security is the principal responsibility of Her Majesty’s Government. Therefore, they will have to take these factors into account and respond accordingly. I read out a very precise statement of what the Prime Minister said. That remains the Government’s position on this issue at this time.

Refugees and Migrants: Search and Rescue

Baroness Falkner of Margravine Excerpts

Thursday 30th October 2014 Lords Chamber

[Lord Bates]

I understand the right reverend Prelate’s point. I should make the point again for the benefit of the House that we are not withdrawing from anything; this was something for which the Italian Government had responsibility, and they have decided to phase it out. The right reverend Prelate is absolutely right that more needs to be done to establish a co-ordinated approach, which was indeed the purpose of the Justice and Home Affairs Council meeting on this specific issue held on 9 and 10 October. One of the outcomes of that meeting was Operation Triton, which we have pledged resources to, in addition to all the other things that we are trying to do to help in the countries from which these people are fleeing for their lives.

[Baroness Falkner of Margravine (LD)]

My Lords—

[Lord Soley (Lab)]

My Lords, a lot of these problems arise in certain north African towns, of which Alexandria is one—

[Noble Lords]

Order.

[Baroness Falkner of Margravine]

Perhaps I might pick up the point that my noble friend the Minister has just made. I understand that in Alexandria, Egypt, which is one of the major ports for trafficking, only one trafficker has been prosecuted in the last five years. Will we give specific assistance to the Government of Egypt, and what Government there is in Libya, to train them on arrest, prosecution and internment of the trafficking gangs?

[Lord Bates]

Indeed. Just this morning, I was with the National Crime Agency, which has teams in particular areas around the world, including in Egypt. They are trying to identify just those types of people, ensuring that they are tackled and that their evil crime is stopped.

Muslim Brotherhood

Baroness Falkner of Margravine Excerpts

Tuesday 8th April 2014 Lords Chamber

Asked by

[Baroness Falkner of Margravine]

To ask Her Majesty’s Government on what basis they have established an investigation into the Muslim Brotherhood’s activities in the United Kingdom.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

My Lords, the Prime Minister’s decision to commission a review was taken on the grounds of national interest against a backdrop of substantial recent change, particularly in the Middle East and north Africa. The review will make sure that we have a thorough understanding of the Muslim Brotherhood, its impact and influence on our national security and interests, and on stability and prosperity in the Middle East.

[Baroness Falkner of Margravine (LD)]

My noble friend will be aware that the Muslim Brotherhood is a pan-Islamic organisation which takes very different forms in different countries. If the Government believe that the brotherhood might be involved in violent extremism, why do they not use existing counterterrorism laws to prosecute it in the courts? If, on the other hand, this inquiry is being driven at the behest of Saudi Arabia to discredit the brotherhood, I respectfully suggest to my noble friend that it is the United Kingdom’s Government and its foreign policy which risk being discredited, by portraying the brotherhood in the eyes of its many Muslim supporters around the world as victims of a politically motivated Government acting at the behest of an authoritarian foreign power: Saudi Arabia. Can the Minister tell the House whether the results of the inquiry will be made public?

[Lord Taylor of Holbeach]

My Lords, my Answer made it quite clear that this is about the UK’s national interest and the UK Government forming their own view. The review will make sure that we have a thorough understanding of the Muslim Brotherhood, its impact and influence on our national security and other national interests, and on stability and prosperity in the Middle East. We are not talking about the view of another Government; we are talking about this Government. The review will consult widely with experts, regional Governments, the EU and US partners. The UK Government will make up their own mind.

Syrian Refugees

Baroness Falkner of Margravine Excerpts

Monday 20th January 2014 Lords Chamber

[Baroness Falkner of Margravine (LD)]

My Lords, does my noble friend agree that the only way to resolve this humanitarian catastrophe is to wish the political process that we are about to embark on success? Unless we conclude with that, it will be just a drop in the ocean.

As to asylum and the 1,100 people that the Minister mentioned—who were also mentioned by the Deputy Prime Minister a few days ago—will he tell the House whether Syrian students who might be resident at universities in the United Kingdom will be granted asylum, should they so apply, and whether family reunion policies would apply to them if they were successful?

[Lord Taylor of Holbeach]

My Lords, we have already in existence an immigration concession policy which we introduced in October 2012 for Syrian nationals who are already legally present in the UK. The concession was due to expire on 15 March 2013 but, given the continued instability in Syria, it was extended for a further year and is now due to expire on 28 February 2014. We are currently considering options to extend this concession further. We have not sent anyone who is in this country back to Syria.

On the question of reuniting refugees in the UK with their families, in line with our international obligations, family members of those granted refugee humanitarian protection status in the UK, including those from Syria, may apply for family reunion from outside the UK. However, we have no plans to allow Syrian nationals to enter the UK beyond the normal immigration channels at present.