58 Baroness Finlay of Llandaff debates involving the Home Office

Mon 4th Mar 2024
Safety of Rwanda (Asylum and Immigration) Bill
Lords Chamber

Report stage & Report stage: Minutes of Proceedings
Wed 24th May 2023
Illegal Migration Bill
Lords Chamber

Committee stage: Part 2 & Committee stage: Minutes of Proceedings Part 2
Tue 7th Feb 2023

Regulated and Other Activities (Mandatory Reporting of Child Sexual Abuse) Bill [HL]

Baroness Finlay of Llandaff Excerpts
Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My noble friend Baroness Grey-Thompson’s Bill is overdue and critically important, and she has worked tirelessly on it. I will address healthcare settings where, sadly, abuse has been shown to occur. We all remember the horror of Jimmy Savile’s catalogue of abuse that went back years, and the sense of disbelief that it could have gone on under the very noses of those in a position of trust.

The 2020 Truth Project revealed how vulnerabilities are heightened in the context of healthcare. The Independent Inquiry into Child Sexual Abuse revealed that 83% of those sexually abused in healthcare contexts reported it as sexual abuse by a healthcare professional. Furthermore, 48% reported that someone else in the institution knew about the sexual abuse. Many of the children who were sexually abused were unaware of whether other children were also being abused, and factors such as power dynamics were used by perpetrators to exercise that abuse. Characteristics of the healthcare context used by perpetrators to abuse included routine access to children, the power and authority they have as healthcare practitioners, children’s respect for adults’ authority, their lack of knowledge of normal examinations, and cultures of abuse that happen in some institutions. There are many reasons why children, or anyone, would not report, including not knowing that the behaviours are not okay, the fear of not being believed, feelings of shame and embarrassment, or having no one to whom they can disclose.

A key finding is that vulnerabilities are heightened in the context of healthcare due to the unique nature of the position of trust and authority occupied by healthcare practitioners. In addition, although many disclosed the sexual abuse to trusted adults such as parents or healthcare professionals during childhood, very few were believed and some were dismissed by healthcare professionals as sick, “crazy” or deluded.

For children to describe what happened and to later be able to give evidence against a perpetrator, they need a great deal of support, but not all victims have access to that. Back in the 1980s, I was a GP to three children’s homes. Despite suspicions, shamefully, we did not know how to help the children feel safe to disclose, and then one Christmas, the children themselves burned down one of the homes and all our suspicions became confirmed. Since then, all too often I have had patients with different problems say, “I never told anyone before” and then disclose deep trauma, often sexual abuse.

Those who become aware of abuse do not know where to go with their suspicions, or the best way to support the child, and they are often fearful of being accused of making a false accusation or fear recriminatory accusations from the abuser themselves, or from others. The no-detriment clause in the Bill is essential. It takes courage to report suspicions of something that you wish did not exist. That is why the system of taking knowledge of abuse to the local authority seems the safest option for both the victim and the reporter. The noble Baroness, Lady Walmsley, has helpfully produced Ben Mathews’ checklist as a great help for the Government in taking this forward. I am sure that all in this House hope that the Bill will become formally adopted in the principle in which it is written.

Product Regulation and Metrology Bill [HL]

Baroness Finlay of Llandaff Excerpts
Moved by
23: Clause 2, page 2, line 42, at end insert “and emergency services”
Member's explanatory statement
This amendment is intended to ensure regulated marketplaces co-operate with emergency services (where appropriate) to protect consumers from unsafe products.
Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, much of this Bill, as we know, is underpinned by secondary legislation, which has yet to be set out. That, of course, includes online marketplaces. To support the development of effective regulation, the Government, I hope, will set out their timetable for developing such secondary legislation as soon as possible. They should also provide clarification on who those referred to in the Bill as the “relevant authorities” are, particularly in relation to online marketplaces, which have to co-operate with others in Clause 2.

The UK’s fire and rescue services provide front-line response when dangerous products are sold in an online marketplace and catch fire or set fire to other properties and cause terrible burns to anyone who happens to be nearby. The London Fire Brigade, to which I am most grateful for the information it has given me, has seen a stark rise in e-bike and e-scooter fires in recent years. It responds to an incident about every 48 hours now. In this year alone, there were 131 fires from January to September. Given the role of the fire and rescue services, it would be helpful to set it out and recognise it in regulations. That is the reason for my Amendment 23, which is the lead amendment in this group, and Amendment 105, which goes with it.

Amendment 23 would ensure that regulated marketplaces co-operate with emergency services where appropriate to protect consumers from unsafe products and allow fire and rescue services to respond to fire safety concerns about known products. Some online marketplaces already co-operate with fire and rescue services. One of those—which I will not name because I do not think it appropriate to provide advertising—is a major online supplier that does include safety advice from the London Fire Brigade, but unfortunately, not all sites do.

The Bill is a welcome step to protect consumers from harmful products. It has very wide scope, but it needs to cover the online marketplaces that facilitate the sale or giving away of products through private individuals from one to another, as well as those sold as new. That includes the likes of some of the trading websites—again, I will not name them because I do not want to advertise them. From investigations by the London Fire Brigade, we know that products sought from second-hand online marketplaces include e-bikes, chargers and batteries, which have the potential to cause great harm. It has seen examples of incidents such as the Sutton railway station fire in March, when fire crews were called to the station during rush hour as commuters were on their way home. A bike owner had bought an e-bike from an online marketplace four months beforehand and had had no issues with the purchase. The station commander has confirmed that the fire was ferocious, happened extremely quickly and would have been devastating if things had worked out differently. He said that he hates to think of the tragic consequences that could have occurred. It was, in a way, just fortunate that it happened where it did and that no one was injured, but it serves to highlight the dangers when products are purchased or given away for free from one individual to another.

I know that Amendment 32 has already been debated, and I apologise to the Committee that I was unable to be here; I was on an aeroplane, because the railway lines were flooded. But I read Hansard, and the comments there are all relevant to the stark rise in e-bike fires in the capital.

Turning to Amendment 105 and Clause 7, the proposals would give the regulator the power to require companies subject to the regulation to provide information on the products being sold. As drafted, this clause would give the regulator only the power to require the provision of information and does not give them a responsibility to share this with bodies that have a statutory duty or responsibility for public safety, including fire and rescue services. The role of the data from the London Fire Brigade has been really important and has shown us the scale of the problem. Ensuring that emergency services have access to all the data will be welcome going forward in monitoring safety and spotting things—perhaps products that we currently cannot even imagine, which may come on to the marketplace and subsequently prove to be unsafe.

The change to Clause 7 in my Amendment 105 would ensure that regulations make provision for sharing information about unsafe products with the emergency services, including fire and rescue services, and that they have the information they need to respond to these emerging risks. They also run prevention campaigns and can provide accurate safety messaging, which can all be supportive of public safety, so that the Bill can meet its overall and much-needed aims. I beg to move.

Lord Foster of Bath Portrait Lord Foster of Bath (LD)
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I rise briefly to support the amendments in the name of the noble Baroness. I also draw the Minister’s attention to the fact that when I moved Amendments 2 and 27 in an earlier group, on the issue of installation, I pointed out that in respect of the potentially very dangerous lithium-ion batteries used in EV charging-point systems, for example, and solar panel array storage batteries, there is currently no requirement on the competent person scheme individual who is installing those systems to notify relevant authorities of the installing of those batteries.

I pointed out at the time that lithium-ion batteries, about which we will no doubt speak a great deal when we come to group 5, can create huge fires at high temperatures and very toxic gases; I also pointed out that, crucially, they cannot be put out by the use of water. That is why it is so important that the relevant authorities, particularly the emergency services, are aware of the current location of such devices. The current arrangements require the individual house owner to make such a notification. My amendment argued that it should be the responsibility of the installer not only to check on the safety of the entire system but to make that notification. For that reason, I am particularly supportive of the noble Baroness’s amendment.

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In essence, we think that the noble Baroness’s amendments—the second one, in particular—are well intentioned but go too far. They would mean that we would have to do this in every circumstance. We believe that we have the right method to have a discretionary, proportionate approach. However, I would be happy to meet the noble Baroness to discuss this further—or my noble friend would be, I should say.
Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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I am most grateful to the Minister for having such an open door in discussing these issues. I may be wrong, but I understood from the London Fire Brigade that, although its collection of data is comprehensive, other fire brigades around the country do not feed in in the same way. We also have the issue of devolved responsibilities in the devolved nations. Therefore, there is a need to clarify data sharing. I wonder whether we might need to go over this in order to be clear in regulation that some incidents are notifiable.

In responding, the Minister referred to carbon monoxide, which is a colourless gas that does not smell but that can, at high levels, kill you in three minutes. Carbon monoxide deaths are still occurring in this country because of faulty boilers, gas cookers and so on; they are also caused by faulty vehicles when exhaust fumes leak. I understand that we cannot have regulation that includes notifying absolutely everything, but we need further debate on where to draw the line in terms of what becomes notifiable and what is not. It is about an assessment of risk of harm, perhaps.

Lord Hunt of Kings Heath Portrait Lord Hunt of Kings Heath (Lab)
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On carbon monoxide, one of the issues concerns medical certificates and cause of death; there is a big problem because, often, carbon monoxide poisoning is not mentioned. The argument is that there is nothing in this legislation that precludes taking action in the way the noble Baroness wants us to take action. The question is whether the noble Baroness’s amendment is proportionate; we can have a further discussion about that.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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I completely accept that it is about what is and is not included. I recall having learned, on many occasions, the danger of having lists in legislation, because there is always something that has not been included, which becomes a tension. I look forward to further discussion. I am most grateful to others for supporting these amendments and recognising their importance. In the meantime, I beg leave to withdraw Amendment 23.

Amendment 23 withdrawn.
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Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, I found the introduction to these amendments from the noble Lord, Lord Lucas, and the clarification from the noble Baroness, Lady Crawley, very revealing. It is a reminder that you can have a product made somewhere that comes into this country and then gets badged by lots of different people, but it is the same basic product with the same problems. The two examples that come to mind are the tumble dryers, when there was a fault in how they were constructed, and magnetic toys, which eventually got withdrawn. Several children ended up inhaling or swallowing small magnets that were in those toys, which were marketed under lots of different guises—but the basic product that came in included these little magnetic particles.

It has been a really interesting debate, because you can see that there is a point at which the trading standards people have the powers to intervene. I hope that, in responding, the Minister will able to describe to us how the powers are strong enough at the point of entry, rather than the trading standards people having to go after one label, then another and then another. That will be very heavy on workload and will not deal with the problem of an unsafe product being produced elsewhere and brought into the country.

Earl of Lindsay Portrait The Earl of Lindsay (Con)
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My Lords, I support most of the amendments in this group, but I particularly want to support the amendments in the name of the noble Baroness, Lady Crawley—namely, Amendments 31, 85, 97, 98 and 109. Some of those are also in the name of the noble Lord, Lord Foster of Bath. I declare an interest as president of the Chartered Trading Standards Institute. My predecessor in that role, of course, was the noble Baroness, Lady Crawley, hence our common approach to the issues raised.

In relation to Amendments 31 and 98, dealing with fulfilment houses, those houses play a critical role in the distribution chain, especially for products from overseas retailers. These amendments would ensure that they were accountable for product safety, thereby reducing the risk of non-compliant goods reaching consumers. Amendment 98 also addresses gaps in the supply chain. The fulfilment houses play a critical role in the distribution chain for overseas sellers and the amendment would ensure that they were accountable for product safety, reducing the risk of non-compliant goods reaching consumers, but would also require fulfilment houses to maintain compliance records and facilitate inspections. The amendment would increase traceability and accountability for the products that they handle. Furthermore, Amendment 98 aligns fulfilment houses with current due diligence obligations. While they already register for tax due diligence, this extension to product safety is a logical step towards ensuring safe consumer products across the board.

Safety of Rwanda (Asylum and Immigration) Bill

Baroness Finlay of Llandaff Excerpts
Baroness Finlay of Llandaff Portrait The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
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My Lords, before I call the next amendments, I will explain the order of pre-emption, because it is important. If Amendment 8 is agreed to, I cannot call Amendments 9 to 11 due to pre-emption. If Amendment 9 is agreed to, I cannot call Amendments 10 and 11 due to pre-emption. If Amendment 10 is agreed to, I cannot call Amendment 11 due to pre-emption. I will remind your Lordships at the relevant points. I now call Amendment 8.

Clause 2: Safety of the Republic of Rwanda

Amendment 8 not moved.
Baroness Finlay of Llandaff Portrait The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
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I remind noble Lords that, if Amendment 9 is agreed to, I will be unable to call Amendments 10 and 11 due to pre-emption.

Amendment 9

Moved by
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Baroness Finlay of Llandaff Portrait The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
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My Lords, I cannot call Amendments 10 and 11 due to pre-emption. I remind the House that Peers should not cross the Floor between the Woolsack and the clerks during voting. If Amendment 12 is agreed, I cannot call Amendments 13 to 16 due to pre-emption.

Amendments 10 and 11 not moved.

Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2023

Baroness Finlay of Llandaff Excerpts
Tuesday 24th October 2023

(1 year, 3 months ago)

Grand Committee
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Lord Smith of Hindhead Portrait Lord Smith of Hindhead (Con)
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My Lords, I am grateful to my noble friend for introducing these regulations and I declare my interests as set out in the register. I rise briefly to add my support to my noble friend and this measure, and to thank the Government for the support given to the hospitality industry over the last few difficult years.

Personally, I am a supporter of these provisions becoming permanent, and I hope that will come, but in the meantime, I am happy that these regulations will bring 18 additional months of advantage to hard-working, tax-revenue-paying businesses. This extension enables businesses to continue to serve alcohol in the area covered by a pavement licence, for takeaway and for delivery, as my noble friend said, all without the need to apply for a variation to their licence. I am confident that this will continue to benefit thousands of licensed premises across England and Wales. I also applaud the Government’s commitment to explore the creation of a unified pavement licence that includes the consumption and sale of alcohol in the outside pavement area.

In the middle of one of the most joyless events known to mankind—“Sober October”—it is heartening to see some positive news for the hospitality industry. Clearly, the UK’s unelected temperance movement has decided that “Dry January” is no longer enough and wishes to spread even more misery. As far as I am aware, the National Police Chiefs’ Council said that, when the regulations were first introduced and then extended, no increase in crime and disorder resulted. That shows that most people—the vast majority—can enjoy a modest drink without incident.

We know the hospitality sector has taken a huge hit in recent times; although recovering, there is still a way to go for the industry to get back on its pre-pandemic feet. The instrument, as extended today, has helped and will continue to help businesses diversify. Figures reveal that 383 pubs closed in the initial half of this year, to be demolished or converted, the equivalent of two every day. In the whole of 2022, 386 such venues ceased to exist. The overall number of pubs in England and Wales, including vacant ones, now stands at 39,404. The total number of closed clubs is currently not known but the social club sector has seen a number of closures, although not on the same scale.

The reasoning is clear. Let us continue to make things easier and give opportunities to businesses to survive and thrive—positives which we know trickle down to employed staff and to customers who still enjoy socialising. Let us also remind ourselves that, when the Licensing Act was passed in 2003 and introduced in 2005, it was hailed as a means to help create a café society, something which is more easily achieved with the ability to drink al fresco.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, I declare an interest as chair of the Commission on Alcohol Harm. I am grateful to the Minister for the way in which he has introduced these regulations and welcome that temporary event notices will not be continued.

I will focus on the impact of easement, because different health and crime risks are associated with on-sales and off-sales. There is evidence from the Institute of Alcohol Studies that, while on-sales were not happening because of Covid, sadly, the incidence of alcohol-related violence did not drop. There is a link with off-sales. In licence hearings, responsible authorities and interested parties often present evidence of off-sales being a contributory factor in crime and anti-social behaviour.

There are four licensing objectives, which we need to remember: the prevention of crime and disorder; the protection of public safety; the prevention of public nuisance; and the protection of children from harm. There is a concern that making the regulatory easements permanent could undermine local statements of licensing policy. How will responsible authorities and other parties be able to make representations regarding the suitability of the extension and how will any data be collected?

One of the problems with alcohol availability is that it plays a key role in being the biggest risk factor for death, ill health and disability among 15 to 49 year-olds—young people with their lives ahead of them. The density of licensed premises is correlated with alcohol-related deaths, hospital admissions and neighbourhood deprivation. In Scotland, research found that neighbourhoods with the most alcohol outlets had crime rates over four times higher than those with the least. Public health and licensing have to be linked, and there is overwhelming support from directors of public health for them to be included in discussions of licensing. How will they be included, to allow local authorities to make decisions in the overall interest of their community, not only of the landlord of the pub?

How will all this be monitored before the next deadline date? The balance of sales of food and drink in pubs and other places of hospitality and the social interaction that is important for a community to have somewhere to go, meet and interact does not happen with off-sales to anything like the same extent. A lot of lone drinking, which is really harmful in society, is linked to off-sales.

I hope the Government will follow the advice that came from the Secondary Legislation Scrutiny Committee:

“The Government intend to use this 18-month extension to formulate and bring forward a long-term policy in the area. When doing so, we”—


that is, the committee—

“expect the Government to provide Parliament with a more robust evidence base, including addressing concerns put forward in the consultation”.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I congratulate my noble friend the Minister and support him in bringing forward these regulations. I share my noble friend Lord Smith’s ambition that we might eventually have a permanent pavement licence. I declare my interest at the outset as chairman of the original committee on the review of the Licensing Act 2003, of which my noble friends Lord Smith and Lord Hayward were leading lights. I also had the privilege to chair the follow-up inquiry, which was instigated by the Deputy Speaker and the Liaison Committee. I also have the privilege of chairing PASS, the national proof of age standard scheme.

I have a couple of questions for my noble friend the Minister. In its helpful briefing, the Secondary Legislation Scrutiny Committee indicates at paragraph 13 that the Government are probably underestimating the benefits to the economy, the hospitality sector and employment of the extension of pavement licensing, which promotes the possibility for businesses to know with certainty that they will be able to have that licence until the end of March 2025, as my noble friend said. Does he accept that the lack of reliable data points to the Government being very conservative and underestimating the potential for higher employment and increased outside socialising?

I hope the regulations will lead to the café culture that lay behind the original philosophy of the 2003 Act. However, conflicts could arise where residential developments are built adjacent to existing premises that have a well-developed business model with outside pavement licensing. Equally, there could be an application for a new business adjacent to a residential area.

In earlier proceedings on the levelling-up Bill, a number of us who served on the licensing review committee brought forward an amendment to introduce the agent of change principle. Might my noble friend open the door to considering developing that principle in his discussions in the department? It would go a long way to resolving some of these difficulties at the earliest possible stage.

With those few remarks, I wish my noble friend every success with these regulations.

I would always say that it is necessary to be in the UK to give that co-operation. Giving evidence from outside the UK is very difficult. I believe that it is difficult for the police and prosecution as well, and almost by definition there is no support for the victim—the witness, if you like—in this situation. I suppose my question to the Minister is: would the individual be allowed to return to give evidence in a trial, or before that to make a statement?
Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, I am grateful to the noble Baroness, Lady Hamwee, for having run a trailer for the question that I asked at a very helpful meeting that was arranged with the Children’s Commissioner.

Many of those coming here at the moment—apparently about 5%—are girls. They are generally in a much poorer state than the young men and boys, and many have been sexually assaulted or raped. I ask the Minister to be quite specific about this: in the event that one of these girls is pregnant and she decides either to give up the child for adoption or to keep the child herself, or in the event that she dies in childbirth either in this country or following deportation to Rwanda, and that child is then orphaned either in this country or in Rwanda, and that child is given up for adoption in this country, what is the status of that child? Would the child be at risk of being deported at the age of 18?

And what is the status of that child’s children, given that the child will have arrived in this country in utero, with no form of permission to come here, but would have had no choice in the process, and what is the position of the adopted parents? In the event that the child is not adopted but has been in foster care up until the age of 18, what is the status of that child? Can there be any retrospection applied to the ability of that child, who will have been completely brought up here, gone through schooling and had career prospects created in this country, simply because that baby arrived in utero?

Baroness Suttie Portrait Baroness Suttie (LD)
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My Lords, I will speak to Amendment 12, tabled by the noble Baroness, Lady Ritchie of Downpatrick, to which I have added my name. A very similar amendment was tabled in the House of Commons by my honourable friend Stephen Farry MP. Unfortunately, the noble Baroness, Lady Ritchie, is unable to be present this evening, as she is in Brussels on a delegation, so she has asked me to speak to the amendment in her absence.

As the Minister knows, we had a debate along very similar lines yesterday evening on a regret Motion on the requirement for an electronic travel authorisation and the potential impact on tourism in Northern Ireland. Amendment 12 is primarily a probing amendment that would seek to exempt from Clause 2 of the Bill people crossing the border from the Republic of Ireland to Northern Ireland. I will highlight two particular concerns about Clause 2, as it affects the land border on the island of Ireland.

The first is the enforcement of the provisions contained under Clause 2. The issue of who decides whom to check and on what basis, given that routine immigration checks across the land border on the island of Ireland do not happen, is an area of very grave concern. Maintaining the freedom to travel north-south without restrictions remains a key element of the peace process, and any changes to this could constitute a breach of the Good Friday/Belfast agreement. The Government have confirmed—and it was reconfirmed last night by the Minister—that Irish citizens will be exempt from the need to apply for an ETA when travelling to Northern Ireland. However, there remains a considerable amount of legal ambiguity for residents in the Republic of Ireland who come from a third country whose citizens currently require a visa to enter the UK and therefore Northern Ireland.

During the debate on this issue in the House of Commons, examples were raised about the impact of Clause 2 on individuals legally resident in Ireland who cross the land border from Ireland to Northern Ireland, perhaps to visit friends or to go shopping, but who have not applied for an ETA. During the debate yesterday evening on the introduction of an ETA, the Minister—the noble Lord, Lord Murray—said that,

“those who are legally resident in Ireland may instead, if required by a UK immigration official, present physical evidence that demonstrates their legal residence in Ireland”.

He added that the Home Office would publish guidance in July on what would be considered as acceptable evidence. Therefore, following his statement yesterday, will the Minister tell us what the consultation process will be in advance of publishing this guidance? Will there be an information campaign to ensure that people are aware of these requirements? He will, I hope, be aware of the sensitivities of requiring people to carry official documentation when there is supposed to be unrestricted north-south travel.

During yesterday evening’s debate, the Minister said that

“prosecutions for illegal entry offences will focus on egregious cases and not accidental errors”.—[Official Report, 23/5/23, col. 836.]

Can he say whether it is the Government’s intention to publish guidance on what is likely to be defined as an egregious case? Perhaps most importantly, what assurances can he give that random checks by UK immigration officials will not result in the creation of a border on the island of Ireland by stealth?

My second area of concern is the potential risk of racial profiling resulting from these random checks. Migrant-led organisations such as the North West Migrants Forum have been raising concerns about the impact of visa requirements on the land border on the island of Ireland. They have highlighted the disproportionate impacts on black and minority ethnic, and migrant, people. Clause 2 risks exacerbating these issues and further hardening the border on the island of Ireland for some communities. The Minister will know that, in response to these concerns, Alyson Kilpatrick, the chief commissioner of the Northern Ireland Human Rights Commission, has called for all journeys into Northern Ireland originating from Ireland to be exempt from the ETA provisions in the Bill. Can the Minister say what measures will be put in place to prevent racial profiling as a result of random checks and, in particular, what steps the Home Office will take to ensure proper training of UK immigration staff in monitoring these random checks?

Finally, can the Minister clarify whether non-visa nationals entering Northern Ireland and the UK from the Republic of Ireland without an ETA will impact the validity of deemed leave, as set out under Article 4 of the Immigration (Control of Entry through Republic of Ireland) Order 1972? If he does not know the answer to that one immediately, I will be happy to receive a letter if it could be placed in the Library.

Public Order Bill

Baroness Finlay of Llandaff Excerpts
Baroness Finlay of Llandaff Portrait The Deputy Speaker (Baroness Finlay of Llandaff) (CB)
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I cannot call Amendment 71 due to pre-emption.

Amendment 71 not moved.

Spousal Visas: Processing Times

Baroness Finlay of Llandaff Excerpts
Tuesday 21st June 2022

(2 years, 7 months ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The noble Lord has neatly gone on to passports. Across March, April and May, HMPO processed approximately 3 million passport applications, with 98.5% of those processed within the published processing time of up to 10 weeks, and 91% processed within six weeks. It was not a backlog; it was the sheer volume of processing that needed to be done. In terms of workforce reductions, I have made the point before that every organisation should look at becoming leaner and more efficient. That certainly will not be to the detriment of any of the HMPO or processing surges that we see at the moment, where we expect to have the appropriate number of staff for processing.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, are the Government aware that the Russian Government are using the delays as a form of propaganda by saying that it is the fault of the Ukrainians that other countries cannot get their visas, and that this propaganda is being specifically targeted at South Africa, India and other countries? That information came to me at a meeting I had with five Ukrainian MPs recently.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford (Con)
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The noble Baroness underlines that to have the Ukrainian visa scheme as a priority is absolutely the right thing to do.

Ukraine: Refugees

Baroness Finlay of Llandaff Excerpts
Wednesday 6th April 2022

(2 years, 9 months ago)

Grand Committee
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Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, like others, I applaud the noble Baroness, Lady Helic, for securing this important debate and I welcome the Minister to his post. He has apologised publicly—it has been in the media—and admitted that the system is not good enough. Many of us fear that, in his well-intentioned work, he might get so worn down that he finds himself mentally unable to function with the burden of what he is carrying on his shoulders. I do not believe that that has happened, but I put that as a warning to those who should perhaps be supporting him, because I worry that he may not be getting enough support.

The noble Earl, Lord Shrewsbury, recounted a story that is repeated in many pieces of correspondence that I have received, including one about a mother and her daughter who have, it seems, probably been tempted into what could be modern slavery in Ireland—contact with them has been lost. A lot of other young people are deeply traumatised. I will quote from the rector of the great academic council from the Ministry of Education and Science of Ukraine, who at the beginning of March wrote to Colin Riordon, who is the vice-chancellor of Cardiff University and who supplied me with this letter, to which he replied on 2 March:

“Almost 10,000 Ukrainian students, teachers, and about 500 foreign students are hiding in the basements of dormitories and educational buildings. There are no safe places left in Ukraine.”


Since that letter was written, the situation has deteriorated greatly.

We must be aware that the people in Ukraine are sacrificing themselves to protect freedom and democracy in all of Europe and possibly across the world. When we offer them sanctuary, we must follow that through. The visa process is causing enormous distress to people who are already traumatised. Our official processes must not worsen the health of those already vulnerable and traumatised by what they have experienced. Our border control and authorities should undertake their responsibilities properly by acting to counter all discrimination and mitigate health risks, not worsen them. People will need healthcare services—they need them now—as they have undergone mental and physical traumas. Children have witnessed rape, violence, parents killed in front of them and overwhelming terror the like of which we cannot imagine from the safe haven of these islands where we sit.

Health workers coming from Ukraine should be allowed to continue working in our country with automatic recognition for their qualifications and help to integrate, because nearly all of them have adequate English already and the hurdles that they will be asked to go over will be enormous. Those in training should be allowed to access our training schools—I will ask the Minister about that later, because there is a problem.

We have an ethical obligation of non-abandonment of the seriously ill people and their families. Before the war started, Ukraine was estimated to have approximately 7% of the analgesics required to deal with its normal surgical and palliative care requirements. It had much less than the rest of Europe. That is now estimated to have fallen to 1% or lower than is required, simply to provide pain relief to people who need it in that country. That is an appalling statistic to have to live with.

I have previously declared that we have applied to welcome a family. On 9 March, the family we want to sponsor had managed to get to Sofia in Bulgaria, so I wrote to the ambassador there and gave all the details of the family, including their CVs—as much as I could obtain. Today, I received a reply. It referred me to some telephone numbers, which I tried; none was able to provide any help at all.

We applied on 18 March, as soon as the process opened. It took my husband eight hours to work through the forms, including communicating with them to get all the details required. The document list was inadequate. It did not state at the beginning of the process what would be needed as we worked through it. At one point, we had to upload a PDF of passports to an external agency—I do not know who the agency was, but we had to convert the JPEG files into PDF files. As the noble Lord, Lord Paddick, said, there was no linking of individual family members, so we know that three of the four applications are being processed but we have no idea what has happened to the fourth—the son—although we had an automatic email response.

There must be a way that families can be kept together, as has been highlighted. Wales wants to become a super-sponsor, with Scotland. Arrival hubs have been set up at ports of entry across Wales. They are not being openly disclosed in the public domain for obvious security reasons for those arriving. It has been estimated that Wales is expecting and able to take 1,000 people easily. Some 10,000 people in Wales signed up for the Homes for Ukraine scheme to act as potential sponsors. There have been 1,300 applicants to date for Wales; 143 have got visas. We have hotel rooms waiting to receive them, covered by the Welsh Government, that are not being used. Accommodation is available and processes have been put in place with local government. We have interacted with Cardiff Council, which I must commend for being extremely helpful and arranging to inspect property, conduct crime checks, et cetera. A helpline has been launched.

The universities are trying their best to link with other universities; Cardiff University has volunteered 50 projects to host Ukrainian academics for periods of three months or more, and the Council for At-Risk Academics is working with the university to try to provide support and arrange for twinning of UK universities with ones in Ukraine. It is currently not possible to accommodate all the students on courses because the Government have refused to waive the requirement to provide evidence of English-language competency or prior learning, but the courses would be willing to take them. There are a series of scholarships; Cardiff Metropolitan University—with which I previously had a role—has pledged £400,000 for two years to support scholarships and fellowships.

There is a concern that there may be a brain drain from Ukraine to the United Kingdom, but many of these people want to return, to rebuild their country once they can do so. We should support them. As well as providing a visa scheme and talking about three-year visas, what plans are being put in place now to let people know that we want to support them to come here, that we will do it fast and that we will support them to return when they are ready and want to do so but will not push them back?

There is a problem with medical and dental courses, and I ask the Minister to work with me to discuss with medical schools across the UK ways in which to accept and transfer medical and dental students into courses. We have an acute shortage of healthcare workers in this country, and we should help people who are a year or two years away from graduating to achieve the careers that they have worked so hard to achieve so far.

I understand from the Local Government Association that there is a concern that some people are already becoming homeless. How much Ministry of Defence accommodation is empty, how much of it has been assessed as habitable, and is it being repurposed deliberately to house Ukrainians in groups so they can stay together in their own community with people who speak their own language while other housing is being arranged for them? I understand from somebody in the MoD, who does not wish to be named, that there is such accommodation.

My last question relates to security. I understand that the Government, in the open session yesterday for which we are all most grateful but which some of us could not attend because of the health Bill, spoke about the security issues. How are they getting security information from the police files in Ukraine and from criminal records there to do the security checks that they say they need to do? Will the Government disclose to us the algorithm of the processes, as there are accounts of people getting emails to say that they have a visa, but the required documentation is not attached to that email and, therefore, they cannot activate entry into this country?

Ukraine Refugee Visas

Baroness Finlay of Llandaff Excerpts
Thursday 31st March 2022

(2 years, 9 months ago)

Lords Chamber
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Lord Harrington of Watford Portrait Lord Harrington of Watford (Con)
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I thank the noble Baroness, Lady Sheehan, for her question. If I misled her or this House, it was the last thing I intended to do. My memory is that I said that the forms are in English, but there are drop-down bits on the website that translate matters into Ukrainian. If that is not the case, I apologise to the noble Baroness. That is certainly in train and she is absolutely right to ask that question. I am very happy to contact her separately with a progress report on that. I apologise to her and the House if I misled her, but assure her that it was not done on purpose.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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Could the Minister please tell us how many whole-time equivalent staff have been taken on in addition to manage the process? How many Ukrainian translators have been drafted in to assist with the process? Who is the official employed full time to oversee the Homes for Ukraine scheme and how are they being held to account? Why is there no processing of DNA on arrival in place if there are concerns about the children? Where is the information on an appeals process if somebody is rejected?

Lord Harrington of Watford Portrait Lord Harrington of Watford (Con)
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The noble Baroness has asked a lot of questions in one go; I will do my best. On the number of extra staff taken on, I am now satisfied with staffing levels. There are 300 staff in Sheffield alone, and the total number of staff on this, in the different areas, comes to nearly 1,000.

The noble Baroness asked whether there is an appeals process. I do not believe there is. I shall check that, but for the moment the question has not come up. Most people who have applied have been accepted. We really are doing the best we can to make sure that everyone suitable is accepted. She asked me a further question on DNA, which she had asked me before and I found extremely interesting. I am trying to find out the answer.

The problem at the moment is not rejecting people but speeding up the system. I was taken on by the Prime Minister to do this, and I bear full responsibility for it. It is not an excuse, but the system is far faster than it was last week and the week before, and I am expecting significant incremental increases next week and the week after. At the DLUHC Select Committee I was asked what I felt would be the run rate imminently —next week or the week after—and I mentioned 15,000 per week.

Homes for Ukraine Scheme

Baroness Finlay of Llandaff Excerpts
Monday 28th March 2022

(2 years, 9 months ago)

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Asked by
Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff
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To ask Her Majesty’s Government how many applications for visas under the Homes for Ukraine scheme have been received and provided to Ukrainian refugees, and how many refugees have entered the UK since the scheme opened.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, I beg leave to ask a Question of which I have given private notice, and declare an interest as I applied with my husband on the day the scheme opened to welcome and support a family into our home.

Lord Harrington of Watford Portrait The Minister of State, Department for Levelling Up, Housing and Communities and Home Office (Lord Harrington of Watford) (Con)
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I thank the noble Baroness for the Question. I can confirm that more than 20,000 applications have been received for the Homes for Ukraine scheme and we will be providing further information in due course.

None Portrait Noble Lords
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Oh!

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, the lack of information is extremely worrying. We have an ethical obligation of non-abandonment, having given a commitment to stand with Ukraine and offer sanctuary. Do the Government recognise that the visa process is causing great distress to already-traumatised Ukrainians who have experienced cumulative losses, pervasive existential terror and mass bereavements and are now increasingly at risk? The process is also increasingly frustrating for the tens of thousands of Britons who want to welcome them into their homes and will provide a long-term commitment. Will the Government heed the call from major charities in the Times today to introduce a simplified emergency humanitarian process immediately?

Lord Harrington of Watford Portrait Lord Harrington of Watford (Con)
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I agree with much of the sentiment of what the noble Baroness said. As far as the visa process is concerned, the only purpose is to provide security checks for this country. As I have said on the record before, when I was given the job to do by the Prime Minister, that was the only constraint. It is my job to make sure that the visa process is speeded up, and in the last two weeks we have gone on to a system where those with Ukrainian passports can fill out the form and download the visa without having to go to a visa centre, which they did only two weeks ago.