Employment Rights Bill

Baroness Fookes Excerpts

Committee stage
Monday 16th June 2025 Lords Chamber

[Baroness Coffey (Con)]

My Lords, noble Lords may think that this amendment is a little odd: why does there need to be a right to consider an employer offer? It came about because of something that happened in the Port of Felixstowe within the last few years. At one point there was huge frustration on the part not just of the employer but of several workers, because, with the union and the employer negotiating in good faith—I am not criticising the union at all—the offer then made did not need to be put to the members. I am not suggesting that this is a loophole: I appreciate that there is back and forth and a current requirement to give lots of notice, with everything being done by post and so on. I can understand that it may not be reasonable that, every time an employer moves by a penny or so, that has to be spelt out. That would be truly ridiculous, but there is something to be said for establishing what is going on. Where is the leverage being applied?

Unfortunately—and I am not saying that there is a causal link between the two issues, but there is definitely a correlation—after a considerable number of strikes in the port of Felixstowe, within 18 months it was announced that a significant shipping line would no longer use Felixstowe as its principal destination in the United Kingdom but would go to the new London port at Tilbury instead. As I say, I am not saying there is a direct causal link, but I have my concerns about the lack of reliability. This, by the way, was the first dispute in 30 years at the port of Felixstowe, and it was quite fractious. It got more fractious because people started to break the strike. I understand that that is not the ideal place for people to be; nevertheless, people—although not everybody—felt that their union was not looking after them and their interests, but perhaps starting to look after the national interest. That led to quite a lot of aggro, not just face to face but on Facebook, with families falling out. In quite a small community, the impact of that can be quite substantial.

When I was speaking to people who worked at the port and to the employer, what stayed with me for some time was that they would have liked the chance to vote, even though the organisers of their local union—or, as they believed, the national union—decided they could not. For that reason, and recognising the transition that is coming as a consequence of the Bill, such as moving to much greater use of digital ballots, there is something to be said for enabling workers not to have to go through something as awful as breaking a strike. I understand why trade union members do not want to do that; but they feel that things need to be done in their interests locally, and that their employer should be allowed to make the offer.

I have put the amendment in this way—I am conscious of what the noble Lord, Lord Prentis of Leeds, who is no longer in his place, said earlier—because employers should not be trying to get around all sorts of rules to stop people being members of trade unions. That is already protected in law; the noble Lord referred to a situation that has only recently been resolved.

In effect, this amendment addresses one of the trade union disputes in my experience that I believe has had a consequential economic impact on a key part of the east coast. I should say that I intend to respond to comments made on this amendment.

[The Deputy Chairman of Committees (Baroness Fookes) (Con)]

The noble Baroness will need to because it is an amendment, and therefore at the end one has to ask for it to be either considered or, by leave, withdrawn.

[Lord Fuller (Con)]

My Lords, I support this amendment, but not for the reasons my noble friend gave. Many years ago—Members on the Government Benches may realise quite how long ago this is when I give the names of the unions concerned, which are long since consigned to history—I was the director of a small haulage firm. It no longer exists or trades, but I cut my teeth on labour relations behind the wheel.

In our small business, which employed about 50 people, there were three types of worker: those who were not in a union at all, a small number who were with the TGWU—that dates me—and those with a new union, the United Road Transport Union. The shop steward of the URTU came to see me and said: “It’s like this, John. I think that you should recognise our union”. So I did. It was personally convenient to deal with one person rather than try to have a mass meeting with 30 or 40 people, all with different views. Unlike what some noble Lords might think of those on the Conservative Benches, I found a huge amount of value in being able to negotiate with the URTU, which had the most members but was not entirely pervasive in our company. Arthur Harris was in the TGWU—he was such a long-standing member of our business that he was employee no. 1 on our payroll system—and was not about to go to the URTU for a moment.

The point of this story is that I negotiated in good faith with the URTU and recognised that it had the most members. When making an agreement, we were somewhat apart but not completely, and I said: “Peter, put this offer to them and let’s see what they say”. He did not really want to, but the point is that I needed to make the offer as well to the other union, the TGWU, and to those members who were not in a union at all.

My noble friend made the point about the Port of Felixstowe and I inferred from her remarks that there was a single union to deal with, but that is not the landscape for many organisations. Later this evening I will talk about my experiences in local government, where there are three different unions involved—UNISON, Unite and the GMB—and a complicated negotiating environment.

I support this amendment because it provides equality to the smaller unions, not just the big ones, some of which have their own agendas. It is incumbent on all unionised labour to at least see what is on the table, whether or not their union negotiated it. That is why my noble friend’s Amendment 257A is very important and should be given proper consideration; it recognises the complex labour landscape found in many companies, particularly in private business, not just the monolithic larger organisations where there are single unions, facility time and other things.

Asylum Seekers: Hotel Accommodation

Baroness Fookes Excerpts

Monday 25th November 2024 Lords Chamber

[Lord Brooke of Alverthorpe (Lab)]

My Lords, are we not seen as a soft touch by those who want to get into this country and as having little control over the number of people coming in? According to reports, there may be close on a million people who are not registered as British citizens. Should we not be exploring again the use of a modern identity system? The abolition of the ID cards by the coalition Government was a serious error. Is it not the case that we will have to return to it, and the sooner we look at that, the better?

[The Deputy Speaker (Baroness Fookes) (Con)]

My Lords—

[Lord Hanson of Flint (Lab)]

I respect the question from my noble friend. I reassure him that this United Kingdom Labour Government are not a soft touch on migration to this country. We have invested in Border Force. We are investing in additional measures to prevent illegal entry and in a e-visa system which will allow people to come into this country through a controlled mechanism.

On the aspirations for an identity card, I was in the Home Office when we introduced the identity card. It went through the noble Baroness, Lady May, in her actions as Home Secretary. It is not likely to return soon.

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[The Deputy Speaker (Baroness Fookes) (Con)]

My Lords, my apologies for inadvertently cutting off the Minister.

Investigatory Powers (Amendment) Bill [HL]

Baroness Fookes Excerpts

Committee stage
Monday 11th December 2023 Lords Chamber

[Lord Fox (LD)]

My Lords, I thank the Minister for an admirably comprehensive response. That was what we were looking for—perhaps not everyone, but certainly our Front Benches. There is a lot to get our heads around, so we will take this away and look into it.

There are a number of observations I would make. First, the Minister emphasised co-operation, collaboration and discussion. Of course, the legislation does not look like that, so it would help if the Government could find some confidence-boosting measures, be they from the code or the draft annexe, or something that enables the Government to signal their continued intention to co-operate and collaborate.

The Minister talked about an interconnected data world—that is exactly the point the operators are making. Because of that interconnection, a hiatus in delivering a service in the UK could also be a hiatus in delivering that service to the rest of the world, given that everyone is using the same service. That is one of the points that was not picked up by the Minister at the time. That interconnectedness is the very issue that some operators have: if they are prevented from doing it in one place, how do they do it elsewhere?

The issue of corporate entities is interesting. What the Minister described was something I used to call “corporate veil”, and I am interested to know how robust that is in corporate law. With corporate veil, it became very difficult, even at court level in the United States, to break down the corporate entities and their interconnections. For no other reason than making an observation, I am interested to see how that works. I certainly see why the Government are putting it forward in their legislation.

There is a lot for us to digest, which we certainly will, between now and the next stage; it gives us something to get our teeth into over Christmas. That said, I beg to withdraw my proposal that Clause 16 stands part of the Bill.

[The Deputy Chairman of Committees (Baroness Fookes) (Con)]

I am afraid that the noble Lord is not in a position to do that. This is a clause; one votes for it or against it.

Clause 16 agreed.

Rwanda: Asylum Arrangements Treaty

Baroness Fookes Excerpts

Tuesday 21st November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, as I say, I cannot comment on the specifics at the moment. However, I reiterate the Prime Minister’s commitment to stopping the boats and removing barriers if necessary. The detail and implications of doing so will be considered carefully; of course, that will take the GFA into account.

[The Deputy Speaker (Baroness Fookes) (Con)]

My Lords, that concludes Oral Questions for today. We now come to some formal business, so if any noble Lord would like to leave, now is the time to do it.

Police: Employment and Discipline

Baroness Fookes Excerpts

Monday 9th January 2023 Lords Chamber

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

My Lords, police officers hold a unique position in society and are therefore protected by a unique set of terms and conditions, which are enshrined in legislation. Regulations are updated regularly following consultation with policing stakeholders, and the Government have no current plans to revise that approach. In October, the Government announced a review into police officer dismissals, ensuring that the system is fair and effective at removing those who are not fit to serve.

[The Deputy Speaker (Baroness Fookes) (Con)]

My Lords, we have a virtual contribution from the noble Lord, Lord Campbell-Savours.

[Lord Campbell-Savours (Lab) [V]]

My Lords, following Metropolitan Police Commissioner Sir Mark Rowley’s powerful expression of concerns over the handling of police misconduct allegations and the need to sack the worst offenders—as well as similar comments from the formidable noble Baroness, Lady Casey, on the need for early dismissals, and, more recently, the shocking revelations from the noble Baroness, Lady Burt, about the six-stage, year-long police officer dismissal process—can the Minister explain why the whole police disciplinary procedure cannot be reviewed in line with those of other professions? With the worst cases, dismissal should come first. More widely, there should be a speedier appeal procedure.

Information Commissioner’s Office Report

Baroness Fookes Excerpts

Monday 11th July 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

One thing I feel a bit disappointed about is that the report does not reflect some of the powers that I know the noble Baroness was instrumental in bringing forward within the PCSC Act. They will both help to protect privacy and, I hope, improve consistency across the piece.

[Baroness Fookes (Con)]

My Lords, no one is more concerned than I am that people who have been the victims of rape should be dealt with sensitively and properly, but could I put a point which may not prove popular here? Surely, there is always the possibility in the system that someone might make a malicious charge. It is therefore important to have sufficient evidence and if all, or a lot, of that evidence is closed off it could again cause problems and injustice for somebody else.

[Baroness Williams of Trafford (Con)]

I totally agree with my noble friend and refer her to the comments I made earlier. Nevertheless, it is also important in that whole balancing act that people do not feel they have to hand over their mobile phones or that their prosecution will not go forward if they do not.

Police, Crime, Sentencing and Courts Bill

Baroness Fookes Excerpts

Consideration of Commons amendments
Tuesday 26th April 2022 Lords Chamber

[Lord Paddick]

Leave out from “House” to end and insert “do insist on its Amendment 80, do insist on its disagreement with the Commons in their Amendments 80A, 80B, 80C, 80D, 80E, 80F and 80H to the words restored to the Bill by their disagreement with that Amendment, do insist on its Amendment 80J instead of the words left out of the Bill by that Amendment and do disagree with the Commons in their Amendment 80K to the words restored to the Bill by their disagreement with Lords Amendment 80.”

[The Deputy Speaker (Baroness Fookes) (Con)]

I should inform the House that if Motion B1 is agreed to, I will not be able to call Motion B2 for reasons of pre-emption.

[Lord Paddick (LD)]

I wish to test the opinion of the House.

Metropolitan Police: Strip-search of Schoolgirl

Baroness Fookes Excerpts

Tuesday 22nd March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Baroness will have heard me talk about some of the measures that are already in schools and public institutions to safeguard children. Safeguarding children should be at the centre of what we do as public servants. There are clear guidelines around safeguarding and the type of thing we were talking about this week in relation to child Q. Strip-searching is probably one of the most intrusive things that one could ever do to a child.

I am going to beg the indulgence of the House and ask whether the noble Lord, Lord Harris of Haringey, might be allowed to come in.

[The Deputy Speaker (Baroness Fookes) (Con)]

I am sorry, but the time is up. I will allow a short interval for Peers who do not wish to take part in the next business to leave the Chamber.

Nationality and Borders Bill

Baroness Fookes Excerpts

Lords Hansard - Part 1 & Report stage
Wednesday 2nd March 2022 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

Having heard the response of the noble Baroness, I would ask that she might indicate whether she would be happy to meet with me to discuss the delay in the operation of this, because I understood from what she said that Covid had got in the way of perfecting this emergency visa arrangement with the UNHCR. I would like to know how expeditious that can be, and it may be by sitting with the noble Baroness and having a conversation we can resolve that. So I beg leave to withdraw my amendment.

[The Deputy Speaker (Baroness Fookes) (Con)]

I am sorry, but the noble Baroness has spoken to the amendment. I must now put the Question.

[Baroness Kennedy of The Shaws (Lab)]

I was just asking for an indication from the Minister; I am with withdrawing my amendment.

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[The Deputy Speaker (Baroness Fookes) (Con)]

That is correct. It is now in the hands of the noble Baroness: does she wish to seek leave to withdraw?

[Baroness Kennedy of The Shaws (Lab)]

I seek leave to withdraw.

Nationality and Borders Bill

Baroness Fookes Excerpts

Lords Hansard - Part 2 & Report stage
Wednesday 2nd March 2022 Lords Chamber

55: Clause 39, page 40, leave out lines 5 to 9
Member’s explanatory statement
This would prevent ‘arrival’ in the UK being an offence, rather than ‘entry’ into the UK.

[The Deputy Speaker (Baroness Fookes) (Con)]

If Amendment 55 is agreed, I cannot call Amendment 56 by reason of pre-emption.

[Lord Coaker (Lab)]

My Lords, I will be brief, because we had a long debate on this issue in Committee. It is, however, an issue that goes to the heart of the Bill—changing the definition of the offence to one of arrival rather than entry. I am, therefore, very pleased to move Amendment 55 and to speak to Amendment 58 in my name and those of the noble Lord, Lord Paddick, and my noble friend Lord Blunkett. This is a fundamental change to immigration law that many of us are worried will criminalise asylum, full stop. One can only imagine what effect a similar law would have in Poland now, with people fleeing across the border. No doubt the Minister will say that it does not apply in those circumstances, and so on. The fact is, however, that the Bill changes the offence from entering to arriving, which raises serious issues and has serious consequences for us all.

For example, aside from those seeking asylum, would this provision apply to a person who arrives in the UK with the wrong paperwork? They have arrived and they have broken the rules: would that be a criminal offence under the Bill? The Home Secretary has presided over this situation for a number of days but has just recently announced that people can safely bring elderly relatives and parents from Ukraine into this country. On the basis of this clause, would those elderly parents be considered criminals if they arrived here without the right paperwork? The Government’s proposed legislative changes have real consequences for real people, as highlighted by the recent horrific events in Ukraine.

This clause should be removed from the Bill on both principled and practical grounds. I have guidance that the CPS has announced, in consultation with the National Crime Agency, the Home Office and the police, which says that those seeking asylum should not be prosecuted under existing offences of entering the UK illegally. That is in recognition of the fact that it is not in the public interest, and that asylum seekers

“often have no choice in how they travel and face exploitation by organised crime groups”.

That is in a press statement from the CPS. The Government are asking us to widen the offence to include arrival when the CPS and Border Force do not believe that the existing offence should even be used. Similarly, the Government’s answer has been that the powers will be used in only exceptional and limited circumstances, such as where a person has breached a deportation order—in which case, we should pass a power for those circumstances.

It is not right to ask the House to pass these powers —on the basis that the Government’s own agencies say that they will not use them—or to criminalise a person who arrives in the UK to ask for asylum from war and persecution. It is late, but this change in the offence will have serious consequences for the way our asylum and refugee system works. I beg to move.

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[The Deputy Speaker (Baroness Fookes) (Con)]

As Amendment 55 has been agreed, I cannot call Amendment 56 by reason of pre-emption.

Amendments 57 and 58 not moved.